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Martin O'Malley, Governor
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Ch. 554
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PAY TO THE ELECTRIC COMPANY THE FAIR MARKET VALUE OF THE STREET
LIGHTING EQUIPMENT.
(D) A LOCAL GOVERNMENT THAT PURCHASES THE STREET LIGHTING
EQUIPMENT IN ACCORDANCE WITH SUBSECTION (B) OF THIS SECTION SHALL BE
RESPONSIBLE FOR THE MAINTENANCE OF THE STREET LIGHTING EQUIPMENT
AND MAY CONTRACT WITH AN OUTSIDE ENTITY FOR THE MAINTENANCE OF THE
STREET LIGHTING EQUIPMENT.
(E) (1) ANY PERSON WHO CONTROLS THE RIGHT TO USE SPACE ON
ANY POLE, LAMPPOST, OR OTHER MOUNTING SURFACE PREVIOUSLY USED IN
THE LOCAL JURISDICTION BY THE ELECTRIC COMPANY FOR STREET LIGHTING
EQUIPMENT SHALL ALLOW A LOCAL GOVERNMENT THAT HAS PURCHASED THE
STREET LIGHTING EQUIPMENT TO ASSUME THE RIGHTS AND OBLIGATIONS OF
THE ELECTRIC COMPANY WITH RESPECT TO THE SPACE FOR THE UNEXPIRED
TERM OF ANY LEASE OR OTHER AGREEMENT UNDER WHICH THE ELECTRIC
COMPANY USED THE SPACE.
(2) NOTWITHSTANDING PARAGRAPH (1) OF THIS SUBSECTION,
THE LOCAL GOVERNMENT MAY NOT RESTRICT OR PROHIBIT UNIVERSAL ACCESS
FOR ELECTRICITY OR ANY OTHER SERVICE BY ASSUMING THE RIGHTS AND
OBLIGATIONS OF AN ELECTRIC COMPANY AS TO SPACE ON ANY POLE,
LAMPPOST, OR OTHER MOUNTING SURFACE USED FOR STREET LIGHTING
EQUIPMENT.
(3) ANY DISPUTE BETWEEN AN ELECTRIC COMPANY AND A LOCAL
GOVERNMENT ARISING UNDER THIS SUBSECTION SHALL BE SUBMITTED TO THE
PUBLIC SERVICE COMMISSION FOR RESOLUTION.
Article - Labor and Employment
6-102.
This title does apply to:
(1) the maintenance or repair of an electric power plant or system that
a private company or corporation owns or operates for production of electricity for its
own use; [or]
(2) the construction, maintenance, or operation of a high voltage line
and its support structures and associated equipment by a public utility that the Public
Service Commission regulates or an agent or contractor of the utility; OR
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- 3619 -
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