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: Energy, Utilities and Technology
Sponsors: NELSON, MAZUREK, CHIPMAN, DICKERSON, DION, DUNPHY, HOBBINS, MORRISON, CLEVELAND, PLUMMER
Amends: 35-A MRSA §2518

Legislative Document 
No. 1251 
H.P. 885 
House of Representatives, March 27, 2013 
An Act To Lower Costs to Municipalities and Reduce Energy 
Consumption through Increased Competition in the Municipal 
Street Light Market 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative NELSON of Falmouth. 
Cosponsored by Senator MAZUREK of Knox and 
Representatives: CHIPMAN of Portland, DICKERSON of Rockland, DION of Portland, 
DUNPHY of Embden, HOBBINS of Saco, MORRISON of South Portland, Senators: 
CLEVELAND of Androscoggin, PLUMMER of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  35-A MRSA §2518, sub-§6 is enacted to read: 
6.  Street lights; use of poles.  The following programs govern street lights that are 
attached to utility poles in the public way. 
A.  On or after July 1, 2014, a transmission and distribution utility shall provide the 
following options for contracts for street and area lighting provided by luminaires 
attached to poles owned or under the contractual management of the transmission and 
distribution utility located in the public way: 
(1)  Under the first option, the transmission and distribution utility provides all of 
the components of the lighting system, including installation on the utility poles 
and maintenance, and provides electricity delivery to the lighting system from a 
power vendor selected by the municipality.  The transmission and distribution 
utility shall apply a bundled 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 paragraph D.  
The location of lights must be determined in accordance with paragraph C; 
(2)  Under the 2nd option, the transmission and distribution utility installs all of 
the components of the street lighting hardware as selected, purchased and owned 
by the municipality on the utility poles owned or under contractual management 
by the transmission and distribution utility, and connects the light to the power 
source on the pole.  The installed street lighting hardware includes the mounting 
bracket, mounting arm, luminaire fixture, time of use control mechanism and 
supply wire that meet appropriate wind and weight loading and service ratings for 
the installed location and otherwise conform to the municipality's design, light 
level, energy consumption and control choices.  The transmission and distribution 
utility may apply a one-time charge per luminaire for the installation as 
established by the commission that reasonably reflects the costs of labor and 
materials needed for the installation and connection. 
Any subsequent repairs made by the transmission and distribution utility to the 
mounting hardware or the power supply wire connection must be billed at a rate 
reflecting the costs of labor and materials as established by the commission.  
Maintenance of all components of the light fixture, including, but not limited to, 
the photocell, controller, bulb, light emitting diode array, light emitting diode 
driver, starter, lens or light housing, is the responsibility of the municipality or its 
contractor.  Work on the light fixture must be carried out by trained individuals 
working under an agreement establishing lines of liability between the 
transmission and distribution utility, any telecommunications provider, if 
applicable, and the municipality owning the lighting equipment.  The commission 
shall designate a standardized color coding for the wattage decals on street lights 
and for decals on the mounting arm, to differentiate street lighting infrastructure 
owned by the municipality from street lighting infrastructure owned by the 
transmission and distribution utility.  Light locations, delivery charges and power 
supply options are governed by paragraphs C and D; and 
(3)  Under the 3rd option, the transmission and distribution utility connects to the 
power lines a fixture owned and installed by the municipality or its contractor on 
a pole owned or under the contractual management of the transmission and 
distribution utility.  All of the provisions governing street lighting design 
specified in subparagraph (2) apply.  Light locations, delivery charges and power 
supply options are governed by paragraphs C and D.  Maintenance of the light 
fixture and mounting hardware is the responsibility of the municipality or its 
contractor.  Installation of the street lighting hardware on the pole as well as any 
subsequent maintenance and repairs must be carried out by trained individuals 
working under an agreement establishing lines of liability between the 
transmission and distribution utility, any telecommunications provider, if 
applicable, and the municipality owning the lighting equipment.  The commission 
shall designate a standardized color coding for the wattage decals on street lights 
and for decals on the mounting arm to differentiate lighting infrastructure owned 
by the transmission and distribution utility from lighting owned by the 
municipality.  The transmission and distribution utility may apply a one-time 
charge per luminaire for the installation as established by the commission that 
reasonably reflects the costs of labor and materials needed for the installation and 
connection. 
B.  Nothing in this subsection limits, precludes or interferes with the right of a 
municipality to locate in the public way or on other property owned by the 
municipality both poles and luminaires, including decorative street lights, that are 
fully owned, installed and maintained by the municipality.  In the case of lights, poles 
and wiring fully owned by the municipality, the transmission and distribution utility 
shall deliver metered or unmetered power from a supplier selected by the 
municipality for a power-only delivery fee based on the provisions of paragraph D. 
C.  The location of street and area lighting installed on poles owned or under the 
contractual management of a transmission and distribution utility in the public way 
within a municipality is governed by the following provisions. 
(1)  Under the options provided in paragraph A, subparagraphs (2) and (3), the 
transmission and distribution utility may charge the municipality a one-time, 
make-ready fee as approved by the commission when a light is first installed on a 
pole, a larger replacement luminaire is proposed, a longer mounting arm is 
proposed or a different location on the pole is requested by the municipality.  The 
transmission and distribution utility may not charge a make-ready fee if the 
current street light fixture and related hardware are being downsized or if the 
current light is being replaced with a unit having the same or lower wind and 
weight loadings on the pole.  If a make-ready pole loading analysis indicates a 
support wire is needed, the transmission and distribution utility may charge a 
one-time fee covering the cost of labor and materials for the installation of the 
support. 
(2)  The transmission and distribution utility or telecommunications provider 
owning the pole may reasonably refuse to install or approve the installation of a 
street light fixture pursuant to this subsection if a make-ready pole loading 
analysis shows that the existing combinations of wire, transformer and wind and 
weight loadings does not allow for the additional loading of the street light 
fixture or if the proposed light would unreasonably interfere with existing uses of 
the pole.  Upon such a refusal, the transmission and distribution utility must make 
available space on the closest existing pole that allows the municipality to 
provide street lighting levels that meet the relevant street lighting standards. 
(3)  The transmission and distribution utility has 60 days from the time a request 
is filed by the municipality to approve a specific pole for the installation of a 
street light including, as applicable, designating the location on the pole for the 
installation, approving the use of a pole with the condition that an additional 
support be added, or approving an alternative pole in the immediate vicinity 
pursuant to subparagraph (2). 
D.  The delivery charge for the transmission and distribution utility to convey 
electricity to the municipal street lighting systems as provided in paragraph A and the 
power supply options for those systems are governed by the following provisions. 
(1)  The power-only per kilowatt-hour delivery rate must reflect the flat load and 
negligible start-up demand of street lighting and include varying hourly rates that 
reflect the off-peak usage times of street lighting. 
(2)  For unmetered street lighting, the total monthly kilowatt-hour usage must 
either: 
(a)  Be calculated based on the luminaire wattage combined with standard 
dusk-to-dawn hourly calculations for the month billed and the location of the 
lighting system; or 
(b)  Be calculated based on the per-hour usage and wattage data from street 
lighting system dimmers and controllers that have meter-level accuracy. 
(3)  For municipal street lighting systems as detailed in paragraph A, 
subparagraphs (2) and (3), the only reoccurring charge or fee the transmission 
and distribution utility may charge is a kilowatt-hour power-only delivery charge 
derived pursuant to subparagraphs (1) and (2) as approved by the commission. 
(4)  A municipality may choose the power supplier for its street lighting system, 
including designating the bill covering all of the municipality's unmetered street 
lights as one meter for the purposes of net metering. 
E.  A transmission and distribution utility shall allow a municipality to transition 
existing utility-owned street and area lighting for which the municipality is billed and 
that is located on poles owned or under the contractual management of that 
transmission and distribution utility from a utility-provided system to either form of 
municipal ownership of the street lighting hardware in paragraph A, subparagraphs 
(2) and (3) within 9 months of the municipality's petitioning the transmission and 
distribution utility to exercise one or both of the following options. 
(1)  Twice a year the municipality may petition the transmission and distribution 
utility to transition any lighting fixtures and mounting hardware that fully 
depreciated in the past 6 months, or fully depreciated at some point in the past, to 
street lighting owned by that municipality and installed pursuant to paragraph A, 
subparagraph (2) or (3).  If the mounting hardware is in serviceable condition, the 
municipality may acquire the mounting hardware for its current depreciated value 
and have the transmission and distribution utility install, at a replacement fee 
established by the commission, a new compatible municipally owned luminaire 
on the existing mounting hardware with the municipality assuming full 
ownership and ongoing maintenance of all components of the light fixture 
pursuant to paragraph A, subparagraph (2). 
If the municipality elects to replace all of the fully depreciated lighting 
equipment, the requirements and fees provided in paragraph A, subparagraph (2) 
or (3), as chosen by the municipality, apply. 
If completely new lighting or no lighting is installed, the transmission and 
distribution utility may not charge for the removal of fully depreciated equipment 
but may only charge the installation or connection fee for any installed 
replacement unit as specified in paragraph A, subparagraphs (2) and (3).  The 
transmission and distribution utility shall negotiate a transition schedule with the 
municipality for continuous service. 
(2)  Twice a year the municipality may petition the transmission and distribution 
utility to transition all the street lighting along a road segment, all the lighting in a 
neighborhood or all the lighting in the municipality to new street lighting owned 
by the municipality pursuant to paragraph A, subparagraph (2) or (3).  To the 
extent that installed hardware for individual street lighting units in the area 
designated for transition has not fully depreciated as described in subparagraph 
(1), the municipality shall pay the transmission and distribution utility an amount 
equal to the remaining not-yet-depreciated value of the hardware for any 
equipment the municipality chooses to retain or an amount equal to the remaining 
not-yet-depreciated value minus the current market value for each unit that is 
decommissioned.  Once the remaining value, if any, is determined as specified, 
all other provisions of this paragraph for transitioning fully depreciated street 
lighting equipment apply to the fixtures and lighting equipment in the area 
designated for transition. 
SUMMARY 
This bill requires electricity transmission and distribution utilities to provide 3 
options for municipal street lighting programs: the utility-provided services option, the 
municipally owned, utility-installed option and the municipally owned, installed and 
maintained option.  Under these various options, the bill provides for how a municipality 
may be charged for the utility infrastructure services provided, how the location of street 
and area lighting will be provided on the utility poles, 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.