Revision: Dec. 2, 2019, 10:53 a.m.
SB 307-FN - FINAL VERSION
03/14/2019 0869s
2019 SESSION
19-1063
06/05
SENATE BILL 307-FN
AN ACT relative to outdoor lighting.
SPONSORS: Sen. Hennessey, Dist 5; Rep. Sykes, Graf. 13
COMMITTEE: Energy and Natural Resources
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AMENDED ANALYSIS
This bill:
I. Requires an agency funding permanent outdoor luminaires to ensure that such luminaires have a certain color correlated temperature.
II. Requires the public utilities commission to adopt rules enabling the state and its subdivisions to use revenue grade metering built into networked street light controls to provide additional utility and public services.
III. Exempts certain street lights used to provide governmental functions and services from taxation as real estate.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/14/2019 0869s 19-1063
06/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to outdoor lighting.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 State Purchase of Permanent Outdoor Lighting Design. Amend RSA 9-E:2, I(c) to read as follows:
(c) The director of the agency responsible for the funding of such luminaire or having authority over the illuminated infrastructure ensures:
(1) That consideration is given to minimizing glare and light trespass.
(2) That such luminaires have a color correlated temperature of 3,000 degrees Kelvin or less when initially installed or replaced in municipalities that have a policy calling for outdoor lighting to have a color correlated temperature of 3,000 degrees Kelvin or less if the community so requests, provided it does not increase the cost to the state in any pre-existing contracts or procurements.
2 New Hampshire Dark Sky Policy. Amend RSA 9-E:3 to read as follows:
9-E:3 New Hampshire Dark Sky Policy.
I. It shall be the policy of the state of New Hampshire to encourage municipalities to enact such local ordinances and regulations as they deem appropriate to conserve energy consumed by outdoor lighting; to minimize light pollution and glare; and to preserve dark skies as a feature of rural character wherever practicable.
II. To better enable communities to conserve energy consumed by outdoor lighting and carry out dark sky policies, the public utilities commission shall institute proceedings and may approve pilots or adopt rules or waivers as it deems necessary to reasonably enable the state, its agencies, subdivisions, and instrumentalities to own and operate outdoor street lights on utility poles under its jurisdiction under RSA 374:34-a or otherwise, including the use of smart adaptive street lighting with networked lighting controls. To the extent technically and economically feasible and consistent with the public good, the commission shall enable the use of revenue grade metering built into networked street lighting controls and may enable the collaborative or shared use of networked street lighting controls and supporting communication systems by utilities and the state, its agencies, subdivisions, and instrumentalities for providing additional utility and public services, such as advanced electric and water meter reading, public electric vehicle charging stations, and environmental sensors used for traffic and parking management and public safety.
3 New Section; Exemption. Amend RSA 72 by inserting after section 12-e the following new section:
72:12-f Exemption. Street lights, including networked street lighting controls, built in revenue grade metering, supporting communication system hardware, and other connected or networked equipment used to provide public governmental functions or services, such as environmental sensors and public electric vehicle charging stations, and that are paid for by the state, its agencies, subdivisions, and instrumentalities shall be exempt from taxation as real estate.
4 Effective Date. This act shall take effect 60 days after its passage.
VETOED July 10, 2019
Veto Sustained September 19, 2019
19-1063
Amended 4/8/19
SB 307-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2019-0869s)
AN ACT relative to outdoor lighting.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ X ] Highway [ X ] Other - Various Governmental Funds | |||
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METHODOLOGY:
This bill requires an agency funding permanent outdoor luminaires to ensure that such luminaires have a certain color correlated temperature. The bill also provides that the Public Utilities Commission shall institute proceedings and may approve pilots or adopt rules or waivers as necessary to enable the state and its subdivisions to own and operate street lights that comply with specific standards. The bill also exempts certain street lights used to provide governmental functions and services from taxation as real estate.
The Department of Administrative Services indicates proposed RSA 9-E:2, I(c)(2) which would require outdoor lighting luminaires to be rated at 3,000 degrees Kelvin or less, would not have a significant impact as there is no difference in cost between LED lamps in this temperature range compared to those with higher Kelvin ratings. Proposed RSA 9-E:3, II would allow the State to take ownership and take over operation and maintenance of its street lighting. The Department assumes there would be costs associated with purchasing light fixtures and maintaining them and there could be savings in the form of reduced payment to utilities for maintenance and energy consumed. The Department assumes the State would only pursue owning the fixtures if it were financially in its best interest. The Department states that outdoor lighting is currently the responsibility of various agencies and a statewide inventory of such lighting would be needed to determine the fiscal impact of this bill across state government.
The Department of Transportation states the fiscal impact of the bill cannot be determined, but will not likely be significant. The Department's has adjusted its standard to 3,000K LEDs which is compliant with the provisions of the bill. The Department assumes use of these controls will be voluntary and, while they may increase the initial cost of an LED streetlight, they have the potential to reduce operating costs by reducing the amount of electricity use.
The Public Utilities Commission is not able to determine the fiscal impact because ownership and operation of outdoor lighting is voluntary which makes any coasts or benefits avoidable; it is not possible to calculate the fiscal impact without knowing the particular system that may be employed; and it is not possible to predict which state agency or subdivision may choose to own and operate its outdoor lighting. The Commission indicates it has sufficient staff to conduct proceedings and adopt rules.
The Department of Revenue Administrations indicates the impact on local tax revenues is indeterminable. As amended the bill would allow, but not require the state and subdivisions to own and operate street lights, or use networked street lighting controls, supporting communication system hardware, and other connected or networked equipment. The Department has no information on which agencies and subdivisions might elect to own and operate such lighting and equipment that would qualify for the exemption from taxation as real estate.
AGENCIES CONTACTED:
Public Utilities Commission, and the Departments of Administrative Services, Transportation and Revenue Administration