(1) Except as provided in Subsections (2) and (3), a public utility shall comply with the requirements of this chapter before beginning construction or operation of:
(a) a high voltage power line; or
(b) an upgraded high voltage power line.
(2) A public utility is not subject to the provisions of this chapter if the public utility has on or before May 12, 2009:
(a) filed an application for or obtained a certificate of convenience and necessity for a high voltage power line in accordance with the provisions of Section 54-4-25; or
(b) has initiated the acquisition of right-of-way for the construction of the high voltage transmission line.
(3) A transmission line that is subject to federal permitting is not subject to the provisions of this chapter.