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Martin O'Malley, Governor
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Ch. 555
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article 24 - Political Subdivisions - Miscellaneous Provisions
TITLE 5. STREET LIGHTING EQUIPMENT.
5-101.
(A) IN THIS SECTION, "ELECTRIC COMPANY" HAS THE SAME MEANING
AS PROVIDED MEANING STATED IN § 1-101 OF THE PUBLIC UTILITY
COMPANIES ARTICLE.
(B) ON WRITTEN REQUEST BY A LOCAL GOVERNMENT, AN ELECTRIC
COMPANY SHALL SELL TO THE LOCAL GOVERNMENT SOME OR ALL OF THE
ELECTRIC COMPANY'S EXISTING STREET LIGHTING EQUIPMENT THAT IS
LOCATED WITHIN THE LOCAL JURISDICTION.
(C) IF THE LOCAL GOVERNMENT PURCHASES STREET LIGHTING
EQUIPMENT FROM AN ELECTRIC COMPANY, THE LOCAL GOVERNMENT SHALL
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 ASSUMED THE RIGHTS AND
OBLIGATIONS OF AN ELECTRIC COMPANY AS TO SPACE ON ANY POLE,
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- 3623 -
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