Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 94th General Assembly A Bill
3 Regular Session, 2023 HOUSE BILL 1608
4
5 By: Representative S. Meeks
6
7 For An Act To Be Entitled
8 AN ACT TO ESTABLISH THE PUBLIC ENTITY STREETLIGHT
9 SYSTEM INVESTMENT ACT; TO REDUCE PUBLIC ENTITY STREET
10 LIGHTING COSTS; AND FOR OTHER PURPOSES.
11
12
13 Subtitle
14 TO ESTABLISH THE PUBLIC ENTITY
15 STREETLIGHT SYSTEM INVESTMENT ACT; AND TO
16 REDUCE PUBLIC ENTITY STREET LIGHTING
17 COSTS.
18
19
20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
21
22 SECTION 1. Arkansas Code Title 14, is amended to add an additional
23 chapter to read as follows:
24 CHAPTER 209
25 PUBLIC ENTITY STREETLIGHT SYSTEM INVESTMENT ACT
26
27 14-209-101. Title.
28 This chapter shall be known and may be cited as the "Public Entity
29 Streetlight System Investment Act".
30
31 14-209-102. Legislative findings and intent.
32 (a) The General Assembly finds that:
33 (1) Taxpayers are mandated to pay the electric distribution
34 company large sums every year to light municipal and many state-owned
35 streets;
36 (2) Municipalities are limited in how to respond to and manage
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1 this public safety resource because the municipalities do not own or control
2 the streetlight fixtures within their borders;
3 (3) There is no incentive in the applicable electric rate tariff
4 of an electric utility to install energy-efficient street lighting
5 technologies that may reduce both power and maintenance expenses;
6 (4) There is no provision in the applicable electric rate tariff
7 for municipalities to work collectively to manage the maintenance of the
8 streetlight system; and
9 (5) Municipalities around the country have saved considerable
10 resources by purchasing their streetlight systems from electric distribution
11 companies and contracting for the maintenance independently.
12 (b) It is the intent of the General Assembly that this chapter shall:
13 (1) Reduce the cost of a public entity's streetlight system;
14 (2) Improve service to citizens of this state by:
15 (A) Improving public safety through streetlight systems
16 that provide better illumination; and
17 (B) Reducing maintenance costs by allowing a public entity
18 to own the streetlight systems and area lighting systems and to enter into
19 regional agreements or contracts for maintenance and service with other
20 public entities;
21 (3) Reduce whole-system cost through municipal ownership and
22 regional management and by eliminating the current "facilities charge";
23 (4) Provide innovative and proven technologies for more
24 efficient lighting; and
25 (5) Provide more responsive service for lighting system repairs.
26
27 14-209-103. Definitions.
28 As used in this chapter:
29 (1) "Electric utility" means a public utility that:
30 (A) Provides streetlight system service to a public entity
31 under an electric rate tariff;
32 (B) Owns the equipment for the streetlight system for a
33 public entity; and
34 (C) Provides electric service to an area within the
35 jurisdiction of the public entity;
36 (2)(A) "Fixture" means the hardware or equipment used to light
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1 streets.
2 (B) "Fixture" includes without limitation a light source,
3 together with the parts designed to:
4 (i) Convert electricity to light;
5 (ii) Distribute the light;
6 (iii) Position and protect the light source;
7 (iv) Connect the light source to the power supply;
8 and
9 (v) Attach the lighting unit to the pole.
10 (C) "Fixture" does not include the pole or mounting
11 surface;
12 (3) "Fully shielded" means a fixture that does not allow more
13 than two percent (2%) light emissions, either directly from a light source or
14 indirectly by reflection or refraction from any part of the lighting unit,
15 above a horizontal plane running through the lowest point on the fixture
16 where light is emitted;
17 (4) "Illuminance" means the level of light measured on an
18 intercepting surface;
19 (5) "Legislative body" means the quorum court of a county or the
20 council, board of directors, board of commissioners, or similar elected
21 government body of a public entity;
22 (6) "Light pollution" means general sky glow caused by the
23 scattering of artificial light in the atmosphere;
24 (7) "Light trespass" means excessive or unreasonable light
25 emitted by a fixture that shines directly beyond the boundaries of the
26 property on which the fixture is located;
27 (8) "Municipality" means a city of the first class, a city of
28 the second class, or an incorporated town;
29 (9) "Ordinance" means an ordinance, resolution, or other
30 legislative enactment of a legislative body; and
31 (10) "Public entity" means a municipality, county, or the state.
32
33 14-209-104. Streetlight system investment.
34 (a)(1) If a public entity receives streetlight system service from an
35 electric utility in all or part of its jurisdiction, then after a due
36 diligence cost impact study and upon notice to the electric utility of at
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1 least sixty (60) days by the legislative body of the public entity, the
2 public entity may:
3 (A)(i) Purchase the fixtures owned by an electric utility
4 that are in the designated area of the public entity.
5 (ii)(a) A public entity shall compensate an electric
6 utility for the fixtures acquired under subdivision (a)(1)(A)(i) of this
7 section.
8 (b) The electric utility shall be compensated
9 for the original cost of the fixtures, less depreciation and amortization,
10 and net any of the salvage value as of the date the public entity notifies
11 the electric utility under this subdivision (a)(1).
12 (iii) Upon the payment of compensation described in
13 subdivision (a)(1)(A)(ii) of this section, the public entity shall have the
14 right to use, sell, alter, remove, or replace the acquired fixtures in any
15 way the public entity deems appropriate under an ordinance passed by the
16 legislative body of the public utility.
17 (iv)(a) Other than an electric utility, a person
18 that controls the right to the space on a pole, lamppost, or other mounting
19 surface previously used by the electric utility for the fixtures shall allow
20 the public entity to assume the rights and obligations of the electric
21 utility with respect to the space for the unexpired term of the lease,
22 easement, or other agreement under which the electric utility used the space,
23 if the public entity is subject to the same terms and conditions that the
24 owners of the pole make to others that attach to the poles as provided under
25 § 23-4-1001 et seq.
26 (b) No charge shall be assessed for using
27 poles other than the charge that is included in the electric rate tariff.
28 (c) In the assumption of the rights and
29 obligations of the electric utility by the public entity, the public entity
30 shall not restrict, impede, or prohibit universal access for the provision of
31 electric or other services.
32 (v) If a fixture acquired under this section needs
33 to be replaced, the new fixture shall also comply with subdivision (a)(1)(B)
34 of this section; or
35 (B) Install new or replacement fixtures if:
36 (i) The fixtures are fully shielded;
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1 (ii) The illuminance of a surface does not
2 materially exceed what is adequate for the purpose of illumination under
3 guidelines recommended by the Illuminating Engineering Society, as the
4 guidelines existed on January 1, 2023, or the minimum illuminance
5 recommendation by the United States Department of Transportation related to
6 illumination of surfaces;
7 (iii) Consideration has been given to minimizing
8 glare, light pollution, and light trespass, reducing energy use, and
9 preserving the natural night environment; and
10 (iv) Unless a recognized standard or practice
11 requires otherwise, the color temperature is not more than three thousand
12 kelvin (3,000 K) for all other applications.
13 (2) If an electric utility does not sell its fixtures to the
14 public entity, then at the request of the public entity, the electric utility
15 shall coordinate with the public entity for the removal of any electric
16 utility-owned fixtures in a timely manner and at no cost to the public
17 entity.
18 (b) An electric utility that receives notice under subdivision (a)(1)
19 of this section shall:
20 (1)(A) File an alternative tariff rate with the Arkansas Public
21 Service Commission for providing electric power to the fixtures within sixty
22 (60) days of receipt of the notice.
23 (B) The alternative tariff rate described in subdivision
24 (b)(1)(A) of this section shall:
25 (i) Provide for the monthly bills for street and
26 area lighting;
27 (ii) Include a schedule of energy charges based on a
28 determination of annual kilowatt-hour usage per lumen rating or nominal
29 wattage of all types of lighting equipment;
30 (iii) Set reasonable new rates for newly adopted
31 lighting equipment;
32 (iv) Be structured so as to allow options for
33 various street lighting controls and metering, including both conventional
34 dusk and dawn operation using photocell or scheduling controls, as well as
35 schedule-based dimming or on-and-off controls that dim or turn off street
36 lights during periods of low activity; and
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1 (v) Not be required to include facility, support,
2 maintenance, or accessory charges; and
3 (2) Provide space on any pole, lamppost, or other mounting
4 surface owned by the electric utility that can safely be used for the
5 mounting of the fixtures.
6 (c)(1) A public entity that owns fixtures shall notify the electric
7 utility providing electric service to the fixtures of any changes in the
8 number or type of fixtures within sixty (60) days of the installation of new
9 or replacement fixtures under subdivision (a)(1)(B) of this section.
10 (2) The electric utility shall adjust the monthly billing to
11 reflect the alteration of the fixtures within sixty (60) days of the
12 notification of the alteration of the fixtures under subdivision (c)(1) of
13 this section.
14 (3) At its own cost, the electric utility may audit the number
15 and type of fixtures used by the public entity to confirm that the billing
16 information is correct.
17 (d) The commission shall resolve any dispute regarding:
18 (1) The terms of the alternative tariff rate;
19 (2) The compensation to be paid the electric utility;
20 (3) The terms on which space is to be provided to the public
21 entity on poles; and
22 (4) Any other matter arising in connection with the exercise of
23 the option provided in this section.
24 (e) If a public entity provides for itself or contracts for the
25 installation or maintenance of street and area light fixtures, the public
26 entity shall require:
27 (1) Appropriate levels of training and certification of
28 personnel providing pole service to ensure public and worker safety;
29 (2) Evidence of twenty-four-hour call capacity; and
30 (3) A committed timely response schedule for both emergency and
31 routine outages of the fixtures.
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