Bill Text: NJ A3998 | 2018-2019 | Regular Session | Introduced
Bill Title: Requires municipalities, public utilities, and State to use LED technology in certain street lights.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-05-17 - Reported and Referred to Assembly Appropriations Committee [A3998 Detail]
Download: New_Jersey-2018-A3998-Introduced.html
Sponsored by:
Assemblywoman NANCY J. PINKIN
District 18 (Middlesex)
SYNOPSIS
Requires municipalities, public utilities, and State to use LED technology in certain street lights.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain street lights, supplementing various parts of the statutory law, and amending P.L.1999, c.23.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) The Legislature finds and declares that:
a. Street lights that use light-emitting diode (LED) technology, are the most efficient means to light our streets and public spaces because of their energy efficiency, using 15 percent of the energy of an incandescent bulb while generating more light per watt and longevity, with bulbs lasting up to 100,000 hours;
b. Street lighting can account for as much as 40 percent of a municipal electric utility bill; however, studies show that street lighting costs can be reduced by as much as 65 percent when switched to LED street lights, and even more if advanced lighting controls are incorporated; and
c. Maintenance costs associated with LED street lights can also contribute to savings because of their longevity and overall diminished maintenance requirements, when compared to traditional street lights.
2. (New section) As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Energy conservation" means the reduction of energy costs and resources by the use of methods that include, but are not limited to, the use of light fixtures with the lowest feasible wattage or a photo-sensitive or timer switch.
"LED technology" means a light-emitting diode that is a two-lead semiconductor light source.
3. (New section) a. Within five years of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), each municipality in this State shall install or replace each street light in the municipality, as the municipal budget permits, only if:
(1) the street light being installed or replaced uses LED technology;
(2) the minimum illuminance adequate for the intended purpose of the street light is used with consideration given to nationally recognized standards;
(3) for lighting of a designated highway of the State highway system, the Department of Transportation determines that the purpose of the street light cannot be achieved by the installation of reflective road markers, lines, warning or informational signs, or other effective passive methods; and
(4) full consideration has been given to energy conservation, reducing glare, minimizing light pollution, and preserving the natural night environment.
b. Subsection a. of this section shall not apply if:
(1) the street light is used on a temporary basis because emergency personnel require additional illumination for emergency procedures;
(2) the street light is used on a temporary basis for nighttime work;
(3) the street light is used for a special event or situation requiring additional illumination that cannot be produced by another method;
(4) a compelling safety interest exists that cannot be addressed by another method;
(5) a federal law supersedes or is inconsistent with the requirements of subsection a. of this section; or
(6) the street light is used on a historic property as that term is defined in section 3 of P.L.1999, c.152 (C.13:8C-3) or any building, site, or area designated historic by a historic preservation commission pursuant to sections 21 through 26 of P.L.1985, c.516 (C.40:55D-107 et seq.).
4. (New section) As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Energy conservation" means the reduction of energy costs and resources by the use of methods that include, but are not limited to, the use of light fixtures with the lowest feasible wattage or a photo-sensitive or timer switch.
"LED technology" means a light-emitting diode that is a two-lead semiconductor light source.
5. (New section) a. Within five years of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), a public utility, as defined in R.S.48:2-13, shall install or replace each street light owned by the public utility in this State only if:
(1) the street light being installed or replaced uses LED technology;
(2) the minimum illuminance adequate for the intended purpose of the street light is used with consideration given to nationally recognized standards;
(3) for lighting of a designated highway of the State highway system, the Department of Transportation determines that the purpose of the street light cannot be achieved by the installation of reflective road markers, lines, warning or informational signs, or other effective passive methods; and
(4) full consideration has been given to energy conservation, reducing glare, minimizing light pollution, and preserving the natural night environment.
b. Subsection a. of this section shall not apply if:
(1) the street light is used on a temporary basis because emergency personnel require additional illumination for emergency procedures;
(2) the street light is used on a temporary basis for nighttime work;
(3) the street light is used for a special event or situation requiring additional illumination that cannot be produced by another method;
(4) a compelling safety interest exists that cannot be addressed by another method;
(5) a federal law supersedes or is inconsistent with the requirements of subsection a. of this section; or
(6) the street light is used on a historic property as that term is defined in section 3 of P.L.1999, c.152 (C.13:8C-3) or any building, site, or area designated historic by a historic preservation commission pursuant to sections 21 through 26 of P.L.1985, c.516 (C.40:55D-107 et seq.).
6. (New section) As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Energy conservation" means the reduction of energy costs and resources by the use of methods that include, but are not limited to, the use of light fixtures with the lowest feasible wattage or a photo-sensitive or timer switch.
"LED technology" means a light-emitting diode that is a two-lead semiconductor light source.
"State" means the State of New Jersey and any office, department, division, bureau, board, commission, authority, agency, or instrumentality of the State, but does not include any other political subdivision of the State.
7. (New section) a. Within five years of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the State shall install or replace each street light in this State using State or federal funds only if:
(1) the street light being installed or replaced uses LED technology;
(2) the minimum illuminance adequate for the intended purpose of the street light is used with consideration given to nationally recognized standards;
(3) for lighting of a designated highway of the State highway system, the Department of Transportation determines that the purpose of the street light cannot be achieved by the installation of reflective road markers, lines, warning or informational signs, or other effective passive methods; and
(4) full consideration has been given to energy conservation, reducing glare, minimizing light pollution, and preserving the natural night environment.
b. Subsection a. of this section shall not apply if:
(1) the street light is used on a temporary basis because emergency personnel require additional illumination for emergency procedures;
(2) the street light is used on a temporary basis for nighttime work;
(3) the street light is used for a special event or situation requiring additional illumination that cannot be produced by another method;
(4) a compelling safety interest exists that cannot be addressed by another method;
(5) a federal law supersedes or is inconsistent with the requirements of subsection a. of this section; or
(6) the street light is used on a historic property as that term is defined in section 3 of P.L.1999, c.152 (C.13:8C-3) or any building, site, or area designated historic by a historic preservation commission pursuant to sections 21 through 26 of P.L.1985, c.516 (C.40:55D-107 et seq.).
c. The provisions of section 9 of P.L.2009, c.4 (C.52:34-25) shall apply to P.L. , c. (C. ) (pending before the Legislature as this bill) if the State, as part of implementing an energy savings improvement program, enters into an energy savings services contract with an energy services company to install, replace, or maintain a street light.
8. Section 12 of P.L.1999, c.23 (C.48:3-60) is amended to read as follows:
12. a. Simultaneously with the starting date for the implementation of retail choice as determined by the board pursuant to subsection a. of section 5 of [this act] P.L.1999, c.23 (C.48:3-53), the board shall permit each electric public utility and gas public utility to recover some or all of the following costs through a societal benefits charge that shall be collected as a non-bypassable charge imposed on all electric public utility customers and gas public utility customers, as appropriate:
(1) The costs for the social programs for which rate recovery was approved by the board prior to April 30, 1997. For the purpose of establishing initial unbundled rates pursuant to section 4 of [this act] P.L.1999, c.23 (C.48:3-52), the societal benefits charge shall be set to recover the same level of social program costs as is being collected in the bundled rates of the electric public utility on the effective date of this act. The board may subsequently order, pursuant to its rules and regulations, an increase or decrease in the societal benefits charge to reflect changes in the costs to the utility of administering existing social programs. Nothing in [this act] P.L.1999, c.23 (C.48:3-49 et al.) shall be construed to abolish or change any social program required by statute or board order or rule or regulation to be provided by an electric public utility. Any such social program shall continue to be provided by the utility until otherwise provided by law, unless the board determines that it is no longer appropriate for the electric public utility to provide the program, or the board chooses to modify the program;
(2) Nuclear plant decommissioning costs;
(3) The costs of demand side management programs that were approved by the board pursuant to its demand side management regulations prior to April 30, 1997. For the purpose of establishing initial unbundled rates pursuant to section 4 of [this act] P.L.1999, c.23 (C.48:3-52), the societal benefits charge shall be set to recover the same level of demand side management program costs as is being collected in the bundled rates of the electric public utility on the effective date of [this act] P.L.1999, c.23 (C.48:3-49 et al.). Within four months of the effective date of [this act] P.L.1999, c.23 (C.48:3-49 et al.), and every four years thereafter, the board shall initiate a proceeding and cause to be undertaken a comprehensive resource analysis of energy programs, and within eight months of initiating such proceeding and after notice, provision of the opportunity for public comment, and public hearing, the board, in consultation with the Department of Environmental Protection, shall determine the appropriate level of funding for energy efficiency and Class I renewable energy programs that provide environmental benefits above and beyond those provided by standard offer or similar programs in effect as of the effective date of this act; provided that the funding for such programs be no less than 50[%] percent of the total Statewide amount being collected in public electric and gas utility rates for demand side management programs on the effective date of [this act] P.L.1999, c.23 (C.48:3-49 et al.) for an initial period of four years from the issuance of the first comprehensive resource analysis following the effective date of this act, and provided that 25[%] percent of this amount shall be used to provide funding for Class I renewable energy projects in the State. In each of the following fifth through eighth years, the Statewide funding for such programs shall be no less than 50 percent of the total Statewide amount being collected in public electric and gas utility rates for demand side management programs on the effective date of [this act] P.L.1999, c.23 (C.48:3-49 et al.), except that as additional funds are made available as a result of the expiration of past standard offer or similar commitments, the minimum amount of funding for such programs shall increase by an additional amount equal to 50 percent of the additional funds made available, until the minimum amount of funding dedicated to such programs reaches $140,000,000 total. After the eighth year the board shall make a determination as to the appropriate level of funding for these programs. Such programs shall include a program to provide financial incentives for the installation of Class I renewable energy projects in the State, and the board, in consultation with the Department of Environmental Protection, shall determine the level and total amount of such incentives as well as the renewable technologies eligible for such incentives which shall include, at a minimum, photovoltaic, wind, and fuel cells. The board shall simultaneously determine, as a result of the comprehensive resource analysis, the programs to be funded by the societal benefits charge, the level of cost recovery and performance incentives for old and new programs and whether the recovery of demand side management programs' costs currently approved by the board may be reduced or extended over a longer period of time. The board shall make these determinations taking into consideration existing market barriers and environmental benefits, with the objective of transforming markets, capturing lost opportunities, making energy services more affordable for low income customers and eliminating subsidies for programs that can be delivered in the marketplace without electric public utility and gas public utility customer funding;
(4) Manufactured gas plant remediation costs, which shall be determined initially in a manner consistent with mechanisms in the remediation adjustment clauses for the electric public utility and gas public utility adopted by the board; [and]
(5) The cost, of consumer education, as determined by the board, which shall be in an amount that, together with the consumer education surcharge imposed on electric power supplier license fees pursuant to subsection h. of section 29 of [this act] P.L.1999, c.23 (C.48:3-78) and the consumer education surcharge imposed on gas supplier license fees pursuant to subsection g. of section 30 of [this act] P.L.1999, c.23 (C.48:3-79), shall be sufficient to fund the consumer education program established pursuant to section 36 of [this act] P.L.1999, c.23 (C.48:3-85); and
(6) The cost of installing or replacing street lights, pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. There is established in the Board of Public Utilities a nonlapsing fund to be known as the "Universal Service Fund." The board shall determine: the level of funding and the appropriate administration of the fund; the purposes and programs to be funded with monies from the fund; which social programs shall be provided by an electric public utility as part of the provision of its regulated services which provide a public benefit; whether the funds appropriated to fund the "Lifeline Credit Program" established pursuant to P.L.1979, c.197 (C.48:2-29.15 et seq.), the "Tenants' Lifeline Assistance Program" established pursuant to P.L.1981, c.210 [(C.48:2-29.31 et seq.)] (C.48:2-29.30 et seq.), the funds received pursuant to the Low Income Home Energy Assistance Program established pursuant to 42 U.S.C. s.8621 et seq., and funds collected by electric and [natural] gas public utilities, as authorized by the board, to offset uncollectible electricity and natural gas bills should be deposited in the fund; and whether new charges should be imposed to fund new or expanded social programs.
(cf: P.L.1999, c.23, s.12)
9. This act shall take effect immediately.
STATEMENT
This bill requires municipalities, public utilities, and the State to install or replace each street light owned by the municipality, public utility or State with LED, or light-emitting diode, technology within five years of the effective date of this bill. Public utilities are to recover the cost of installing or replacing these street lights through the societal benefits charge. Municipalities are required to install or replace each street light within the municipality as the municipal budget permits.
The Legislature finds that LED street lights, or street lights that use light-emitting diode technology, are the most efficient means to light our streets and public spaces because of their energy efficiency, using 15 percent of the energy of an incandescent bulb while generating more light per watt and longevity, with bulbs lasting up to 100,000 hours. Street lighting can account for as much as 40 percent of an electric utility bill; however, studies show that street lighting costs can be reduced by as much as 65 percent when switched to LED street lights, and even more if advanced lighting controls are incorporated. Maintenance costs associated with LED street lights can also contribute to savings because of their longevity and overall diminished maintenance requirements, when compared to traditional street lights.
Under the bill, municipalities, public utilities, and the State are not required to install or replace a street light if: the street light is used on a temporary basis because emergency personnel require it; the street light is used on a temporary basis for nighttime work; the street light is used for a special event or situation; a compelling safety interest exists; a federal law supersedes or is inconsistent with the bill; or the street light is used on a historic property.
