4.
A RESOLUTION RELATING TO A UNIFORM ELECTRICAL CODE FOR STREET LIGHTING
WHEREAS, electric utilities, whose tariffs must be approved by the Texas Public Utility Commission (PUC), install utility-owned street lights on behalf of municipalities using the National Electric Safety Code (NESC); and
WHEREAS, the Texas Department of Transportation (TxDOT) requires all street lights that are placed in TxDOT rights-of-way to be installed using the National Electric Code (NEC); and
WHEREAS, TxDOT claims that the NEC is the safer of the two electric codes, and that is why it requires its use in the TxDOT rights-of-way; and
WHEREAS, the NEC vs. the NESC issue was before the PUC in 2008 (PUC Docket 33959), and the PUC ruled that TxDOT can set rules regarding street lighting in its rights-of-way (NEC) and the electric utilities can use the code provided for in their tariffs (NESC); and
WHEREAS, the dispute between TxDOT and the electric utilities, whose tariffs must be approved by the PUC, has caused delays and unnecessary expense to local taxpayers on numerous off-system state road construction projects; and
WHEREAS, the responsibility to provide public safety by means of an adequate lighting system on these off-system highways is defaulted to the local municipalities by the state; and
WHEREAS, the municipalities are trapped between the two state agencies that will not come to an agreement on a standard electrical code thus jeopardizing the public’s safety on a state facility; and
WHEREAS, the Texas Municipal League has the ability to represent the best interests of Texas municipalities before the Texas Legislature;
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2009 Annual Conference of the Texas Municipal League that the League introduce legislation that would require the two state agencies (TxDOT and the PUC) that regulate street lighting in the rights-of-way of the highways of the State of Texas to adopt a uniform electrical code for street lighting in the rights-of-way of the highways of the State of Texas.
PASSED AND APPROVED by the membership of the Texas Municipal League this 23rd day of October, 2009, at Fort Worth, Texas.
APPROVED:
______________________________
John Cook
President
ATTEST:
__________________________________
Frank Sturzl
Executive Director
