An Act Regarding Municipally Owned Street Lighting
Maine Legislature, Session 122, LD 1377
Committee: Utilities and Energy
Sponsors: WOODCOCK

Legislative Document 
No. 1377 
S.P.475 
In Senate, March 17, 2005 
An Act Regarding Municipally Owned Street Lighting 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Senator WOODCOCK of Franklin. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 35·A MRSA §2523 is enacted to read: 
§2523. 
Municipal acquisition of utility street lighting 
1. 
Municipal 
rights 
regarding lighting equipment. 
Any 
municipality 
receiving 
street 
lighting 
services 
from 
a 
transmission and distribution utility pursuant to a tariff that 
provides for the use by the municipality of lighting equipment 
owned 
by the 
tran~mission and distribution utility, 
such as 
luminaries, lamps, brackets and other equipment necessary for the 
conversion of electric energy into street lighting service, has 
the rights with respect to such lighting equipment as set forth 
in this section. 
These rights apply in the event that the municipality does not 
establish a municipal lighting plant in accordance with Part 3. 
These rights apply in the event that a municipal lighting plant 
is established but ownership and control of the distribution 
facilities needed to deliver electric energy to the lighting 
equipment 
are 
held 
and 
retained 
by 
the 
transmission 
and 
distribution utility serving 
the 
municipality 
prior 
to 
the 
establishment of the lighting plant. 
2. 
Municipal 
options. 
A municipality 
subject 
to 
the 
prov~s~ons of 
this 
section, 
upon 
days' 
notice 
to 
the 
transmission and distribution utility and to the commission and 
subject to the provisions of subsections 3 to 8, may: 
A. 
Purchase electric energy for use in lighting equipment 
owned or leased by the municipality from the transmission 
and distribution utility or any other person allowed by law 
to provide electric energy; 
B. 
Use the space on any pole, lamp post or other mounting 
surface previously used by the transmission and distribution 
utility for the mounting of the lighting equipment of the 
transmission and distribution utility; and 
C. 
Acguire any, or alL of the lighting equipment of the 
transmission and distribution utility in the municipality in 
accordance with subsection 3. 
3. 
Municipality shall pay compensation. 
Any municipality 
exercising the option to convert its street lighting service 
pursuant to this section shall compensate the transmission and 
distribution utility for its unamortized investment, net of any 
salvage 
value 
obtained 
by 
the 
transmission 
and distribution 
utility under the circumstances, in the lighting equipment owned 
by the transmission and distribution utility in the municipality 
as of the date the transmission and distribution utility receives 
notice of such exercise pursuant to subsection 2. 
In meeting this reguirement, the municipality may acguire all or 
any part of 
the lighting eguipment of 
the 
transmission 
and 
distribution 
utility 
upon 
the 
payment 
of 
the 
unamortized 
investment allocable to the acguired eguipment. 
Upon such payment, the municipality has the right to use, alter, 
remove 
or 
replace 
the 
acguired 
eguipment 
in 
any 
way 
the 
municipality considers appropriate. 
The transmission and distribution utility, or any other owner of 
a pole, lamppost or other mounting surface previously used by the 
transmission and distribution utility for the mounting of the 
lighting eguipment of the transmission and distribution utility 
may not charge the municipality an attachment or de attachment fee 
for the placement or removal of lighting eguipment on any pole, 
lamppost or other mounting surface. 
4. 
Municipality may request removal. 
A municipality may 
reguest that the transmission and distribution utility remove any 
unacguired 
part 
of 
the 
lighting 
eguipment 
described 
under 
subsection 3. 
After the transmission and distribution utility 
has removed any unacguired part, the municipality shall pay to 
the transmission and distribution utility the cost of removal 
along 
with 
the 
unamortized 
investment 
allocable 
to 
such 
unacguired part, net of any salvage value attributable to the 
removed eguipment. 
5. 
Limitations on actions of transmission and distribution 
utility. 
The 
transmission 
and distribution utility may 
not 
reguire 
that maintenance 
to 
the 
lighting 
eguipment 
acguired 
pursuant to this section meet any standard that exceeds that of 
state law or rule. 
The transmission and distribution utility may not reguire that 
the lighting eguipment meet any code or standard that exceeds 
those of state law or rule. 
The transmission and distribution utility may not reguire of the 
municipality any greater liability protection for the community, 
including, 
but 
not 
limited 
to, 
hazard 
insurance, 
than 
the 
transmission and distribution utility itself provides 
to the 
community. 
6. 
Municipality 
may 
assume 
rights 
and 
obligations 
of 
transmission and distribution utility. 
In connection with the 
exercise by any municipality of the option to convert its street 
lighting service pursuant to this section, any person other than 
the transmission and distribution utility controlling the right 
to use space on any pole, lamppost or other mounting surface 
previously used by the transmission and distribution utility in 
the municipality shall allow the municipality to 
assume 
the 
rights 
and obligations 
of 
the 
transmission 
and distribution 
utility with respect to the space for the unexpired term of any 
lease 
or 
other 
agreement 
under 
which 
the 
transmission 
and 
distribution utility used the space. 
In 
the 
assumption 
of 
the 
rights 
and 
obligations 
of 
the 
transmission and distribution utility by 
a 
municipality, 
the 
municipality may in no way restrict, impede or prohibit universal 
access to the provision of electric and other services. 
7. 
Dispute resolution. 
In connection with the exercise by 
any municipality of the option to convert its street lighting 
services pursuant to this section, any dispute concerning the 
compensation to be paid the transmission and distribution utility 
or any other matter arising in connection with such exercise, 
including, but not limited to, the terms on which space is to be 
provided to the municipal i ty in accordance with subsection 6, 
must be resolved by the commission within 60 days of any request 
for resolution by the municipality or any person involved in a 
dispute. 
8. 
Affiliates may compete for business. 
Notwi ths tanding 
any other provision of law, any affiliate of any transmission and 
distribution utility whose street lighting service is converted 
by 
a 
municipality in accordance with the provisions of this 
section 
may 
solicit 
and 
compete 
for 
the 
business 
of 
any 
municipality for the provision of lighting equipment or any other 
service, such as equipment maintenance, in connection with street 
lighting service. 
SUMMARY 
This bill creates several rights for municipalities with 
respect to public utilities and streetlights. 
The bill does the 
following: 
1. 
Secures the right of municipalities to purchase only 
energy for street lighting from the transmission and distribution 
utility; 
2. 
Secures the right of municipalities to place municipally 
owned streetlights on utility-owned poles; 
3. 
Secures the right of municipalities to acquire existing 
utility-owned streetlights after the payment of compensation to 
the utility: and 
4. 
Sets limits on actions a transmission and distribution 
utility may take in connection with a municipal acquisition of 
lighting equipment. 
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