Inapplicability of act.

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.