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5. The provisions of this act shall not apply to:

a. the operation, use or maintenance of railroad and railroad shipping facilities, including but not limited to, the right of way, tracks, track siding, team tracks and bridges; or

b. the operation, use or maintenance of any new or existing power pole or facility owned or used, in whole or in part, by any utility company.

L.2007, c.113, s.5.