An Act To Lower Costs to Municipalities and Reduce Energy Consumption through Increased Competition in the Municipal Street Light Market
Maine Legislature, Session 126, LD 1251
Committee Amendment CA_A_H472 (House)
Amends: 35-A MRSA §2523

COMMITTEE AMENDMENT" 11" to H.P. 885, L.D. 1251, Bill, "An Act To 
Lower Costs to Municipalities and Reduce Energy Consumption through Increased 
Competition in the Municipal Street Light Market" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 35-A MRSA §2523 is enacted to read: 
§2523. Street lights; use of poh;! 
This section governs street lights that are attached to utility poles in the public way. 
1. 
Ownership and maintenance options. 
On or after October 1, 2014, a 
transmission and distribution utility shall provide the following options to municipalities 
for street and area lighting provided by light ftxtures attached to poles owned by the 
transmission and distribution utLity oron shared-use poles in the electrical space under 
the contractual management of the transmission and distribution utility located in the 
public way: 
A. The transmission and distribution utility provides all of the components of the 
street lighting system, inc1udmg installation on the utility poles and maintenance, and 
provides electricity delivery to the street lighting system from a power vendor 
. 
selected by the municipality. The transmission and distribution utility shall apply a 
monthly charge for these services as approved by the commission that reflects the 
total cost to provide street lighting equipment for each light and a separate charge for 
power delivery consistent with subsection 3; 
B. The transmission and distJibution utility installs all of the components of the street 
lighting hardware as selected, purchased and owned by the municipality on utility 
poles owned by the transmission and distribution utility or in the electrical space 
under contractual management of the transmission and distribution utility on shared-
use poles and connects. the light to the power source on the pole. The transmission 
and distribution utility may apply a one-time charge per light ftxture for installation 
as established by the commis1:ion. 
Page I - 126LR1445(02)-1 
COMMIT'TEE AMENDMENT 
COMMITTEE AMENDMENT" A "to H.P. 885, L.D. 1251 
Any repairs made by the transrmSSlOn and distribution utility to the mounting 
hardware or the power supply wire connection following installation must be billed at 
a rate established by the commission. Maintenance of all components of the light 
fixture is the responsibility of the municipality or its contractor. 
Any person 
performing maintenance work on behalf of the municipality pursuant to this provision 
must be qualified pursuant to applicable federal or state standards or any standards 
established by the commission for such work and must have liability insurance in an 
amount and with terms determined by the commission. Light locations, the street 
lighting hardware installed and delivery charges are governed by subsections 2 and 3; 
and 
C. The transmission and distribution utility connects to the power lines a light fixture 
either owned by or owned and installed by the municipality or its contractor on a pole 
owned by the transmission and distribution utility or on a shared-use pole in the 
electrical space under the contractual management of the transmission and 
distribution utility. Light locations, the street lighting hardware installed and delivery 
charges are governed by subsections 2 and 3. Maintenance of the light fixture and 
mounting hardware is the responsibility of the municipality or its contractor. Any 
person installing or working on municipally owned street lighting equipment 
pursuant to this paragraph on behalf of the municipality must be qualified pursuant to 
applicable federal and state standards or any standards established by the commission 
for such work and must have liability insurance in an amount and with terms 
determined by the commission. The transmission and distribution utility may apply a 
one-time power connection charge per light fixture as established by the commission. 
2. 
Lighting location and installation. 
For municipally owned street lighting 
hardware located on poles owned by the transmission and distribution utility or in the 
electrical space under the contractual management of the transmission and distribution 
utility on shared-use poles in the public way, the location on the pole and the street 
lighting hardware installed, as well as any associated charges, are governed by the 
' 
following provisions. 
A. 
The commission shall establish criteria, based on standard utility industry 
practice, for determining possible locations on the utility pole for the street lighting 
hardware, determining any changes that may be needed, including, but not limited to, 
relocating equipment already on the pole, installing a taller pole or bracing an 
existing pole, as well as determining anyone-time fees the transmission and 
distribution utility may charge the municipality for making the determinations and 
undertaking the work necessitated by the determinations. 
The criteria must also 
specify the conditions under which a request from a municipality to locate a light 
fixture on a pole may reasonably be denied by the transmission and distribution 
utility. 
B. The commission shall establish basic criteria, consistent with standard utility 
industry practice, for municipally owned street lighting hardware installed on utility 
poles that address any reasonable safety and compatibility issues with other 
equipment on or uses of the pole. The criteria must provide a basis for determining 
when no additional assessment work, and related fees pursuant to paragraph A, would 
be warranted for a replacement light fixture because the new light fixture places 
COMMITTEE AMENDMENT 
COMMIITEE AMENDMENT" A 
"to H.P. 885, L.D. 1251 
comparable or lower demands on the utility pole and related utility equipment than 
the light fixture being replaced. 
3. Delivery rates and associated charges. The commission shall establish through 
appropriate proceedings the charges for the transmission and distribution utility to deliver 
electricity to the municipal street lighting systems as provided in subsection l. For 
municipal street lighting system options described in subsection 1, paragraphs Band C, 
the commission shall determine what, if any, ongoing fees beyond the power-only 
delivery charge may be assessed, including a pole attachment fee. 
In making this 
determination, the commission shall weigh, among other factors, the municipal interest to 
serve the general public and the location of the poles in municipal rights-of-way. 
4. Transfer of ownership. A transmission and distribution utility shall allow a 
municipality to transfer utility-owned street and area lighting for which the municipality 
is billed to either form of munic:ipal ownership in subsection 1, paragraphs B and O'in a 
time frame\! and under terms established by the commission. The commission shall Also 
determine' a fair and equitable cost for all aspects of the transfer and establish guidelines 
to best enable the contiguous ownership of lighting fixtures.' 
SUMMARY 
This amendment strikes and replaces the provisions of the bill. The amendment 
requires electricity transmission and distribution utilities to provide new options for 
municipal street lighting programs and provides for how a municipality may be charged 
for the utility infrastructure serv:ices provided, how the location of street and area lighting 
will be provided, at what rates or by what methods the electricity delivery charges may be 
assessed and how a municipality may transition from one option to another during the 
course of any year. 
FISCAL .\uTE REQUIRED. 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/10/13 ;tvac 
LD 1251 
LR 1445(02) 
An Act To Lower Costs to Municipalities and Reduce Energy Consumption through Increased 
Competition in the Municipal Street Light Market 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment '~"{f/. CJ7.2) 
Committee: Energy, Utilities and Technology 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
The Public Utilities Commission (pUC) will incur additional costs associated with establishing criteria and charges 
related to municipal street lighting systems. These costs can be absorbed within the commission's existing budgeted 
resources. 
LR144S(02) - Fiscal Note - Page 1 of 1