S T A T E O F N E W Y O R K
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6912--B
Cal. No. 434
2015-2016 Regular Sessions
I N A S S E M B L Y
April 10, 2015
___________
Introduced by M. of A. FAHY, BRENNAN, SEAWRIGHT, ABINANTI, OTIS, STECK,
BRINDISI, STIRPE, SKOUFIS, COLTON, GALEF, KAVANAGH -- read once and
referred to the Committee on Corporations, Authorities and Commissions
-- reported and referred to the Committee on Ways and Means -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee -- reported from committee, advanced to a
third reading, amended and ordered reprinted, retaining its place on
the order of third reading
AN ACT to amend the public service law, in relation to streetlight
replacement and savings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "streetlight replacement and savings act".
S 2. The public service law is amended by adding a new section 66-o to
read as follows:
S 66-O. STREETLIGHT REPLACEMENT AND SAVINGS. 1. DEFINITIONS. WHEN
USED IN THIS SECTION, THE FOLLOWING TERM SHALL HAVE THE FOLLOWING MEAN-
ING:
"LIGHTING EQUIPMENT" MEANS ALL EQUIPMENT USED TO LIGHT STREETS IN THE
MUNICIPALITY, THE OPERATION AND MAINTENANCE OF WHICH IS CURRENTLY
CHARGED TO THE MUNICIPALITY, INCLUDING LIGHTING BALLASTS, FIXTURES, AND
OTHER EQUIPMENT NECESSARY FOR THE CONVERSION OF ELECTRICITY INTO STREET
LIGHTING SERVICE, BUT EXCLUDING THE UTILITY POLES UPON WHICH THE LIGHT-
ING EQUIPMENT IS FIXED. LIGHTING EQUIPMENT SHALL INCLUDE, BUT NOT BE
LIMITED TO, DECORATIVE STREET AND AREA LIGHTING EQUIPMENT AND
SOLID-STATE (LED) LIGHTING TECHNOLOGIES.
2. STREETLIGHT INVESTMENT. (A) ANY MUNICIPALITY RECEIVING STREET
LIGHTING SERVICE FROM AN ELECTRIC CORPORATION PURSUANT TO AN ELECTRIC
RATE TARIFF PROVIDING FOR THE USE BY SUCH MUNICIPALITY OF LIGHTING
EQUIPMENT OWNED BY THE ELECTRIC CORPORATION, AT THE MUNICIPALITY'S
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08112-06-5
A. 6912--B 2
OPTION, UPON SIXTY DAYS NOTICE TO THE ELECTRIC CORPORATION AND TO THE
DEPARTMENT, AND SUBJECT TO THE PROVISIONS OF PARAGRAPHS (B), (C) AND (D)
OF THIS SUBDIVISION, MAY:
(1) CONVERT ITS STREET LIGHTING SERVICE FROM THE MUNICIPALITY'S
CURRENT TARIFF RATE TO AN ALTERNATIVE TARIFF RATE PROVIDING FOR DELIVERY
SERVICE BY THE ELECTRIC CORPORATION OF ELECTRICITY, WHETHER OR NOT
SUPPLIED BY THE ELECTRIC CORPORATION, OVER DISTRIBUTION FACILITIES AND
WIRES OWNED BY THE ELECTRIC CORPORATION TO LIGHTING EQUIPMENT OWNED OR
LEASED BY THE MUNICIPALITY, AND FURTHER PROVIDING FOR THE USE BY SUCH
MUNICIPALITY OF THE SPACE ON ANY POLE, LAMP POST, OR OTHER MOUNTING
SURFACE PREVIOUSLY USED BY THE ELECTRIC CORPORATION FOR THE MOUNTING OF
THE LIGHTING EQUIPMENT. THE ALTERNATIVE TARIFF RATE SHALL PROVIDE FOR
MONTHLY BILLS FOR STREET AND AREA LIGHTING THAT SHALL INCLUDE A SCHEDULE
OF ENERGY CHARGES BASED ON A DETERMINATION OF ANNUAL KILOWATT-HOUR USAGE
PER LUMEN RATING OR NOMINAL WATTAGE OF ALL TYPES OF LIGHTING EQUIPMENT,
BUT SHALL NOT INCLUDE FACILITY, SUPPORT, MAINTENANCE, OR ACCESSORY
CHARGES. THE NEW TARIFF SHALL USE EXISTING USAGE CALCULATION METHODS AND
EXISTING RATES FOR ANY CURRENTLY EXISTING LIGHTING EQUIPMENT, ONLY
SETTING REASONABLE NEW RATES FOR NEWLY ADOPTED LIGHTING EQUIPMENT. THE
ALTERNATIVE TARIFF SHALL BE STRUCTURED SO AS TO ALLOW OPTIONS FOR VARI-
OUS STREET LIGHTING CONTROLS, INCLUDING BUT NOT LIMITED TO BOTH CONVEN-
TIONAL DUSK/DAWN OPERATION USING PHOTOCELL OR SCHEDULING CONTROLS, AS
WELL AS SCHEDULE-BASED DIMMING OR ON/OFF CONTROLS THAT DIM OR TURN OFF
STREET LIGHTS DURING PERIODS OF LOW ACTIVITY. THE ALTERNATIVE TARIFF
MAY BE STRUCTURED TO INCLUDE THE PROCESS TO FACILITATE THE TRANSFER OF
OWNERSHIP OF STREET LIGHT EQUIPMENT, SUPPORTING INFRASTRUCTURE, ANY
REQUIRED STREET LIGHTING ATTACHMENT PROVISIONS, AND THE RATES AND CHARG-
ES RELATED TO THE FOREGOING. THE ELECTRIC CORPORATION, IN CONSULTATION
WITH THE DEPARTMENT, SHALL FILE THE ALTERNATIVE TARIFF WITH THE COMMIS-
SION WITHIN SIXTY DAYS OF THE NOTICE BY A MUNICIPALITY TO EXERCISE THE
MUNICIPALITY'S OPTION TO CONVERT ITS LIGHTING EQUIPMENT AND THE COMMIS-
SION SHALL THEN ISSUE A DECISION WITHIN SIXTY DAYS AFTER THE FILING TO
EFFECTUATE THE PURPOSES AND PROVISIONS OF THIS SECTION;
(2) PURCHASE ELECTRICITY FOR USE IN SUCH MUNICIPAL LIGHTING EQUIPMENT
FROM THE ELECTRIC CORPORATION OR ANY OTHER PERSON ALLOWED BY LAW TO
PROVIDE ELECTRICITY; AND
(3) AFTER DUE DILIGENCE, INCLUDING AN ANALYSIS OF THE COST IMPACT TO
THE MUNICIPALITY, ACQUIRE ALL OF THE PUBLIC STREET AND AREA LIGHTING
EQUIPMENT OF THE ELECTRIC CORPORATION IN THE MUNICIPALITY, COMPENSATING
THE ELECTRIC CORPORATION AS NECESSARY, IN ACCORDANCE WITH PARAGRAPH (B)
OF THIS SUBDIVISION.
(B) ANY MUNICIPALITY EXERCISING THE OPTION TO CONVERT ITS LIGHTING
EQUIPMENT PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION MUST COMPENSATE
THE ELECTRIC CORPORATION FOR ANY ACTIVE OR INACTIVE EXISTING PUBLIC
LIGHTING EQUIPMENT OWNED BY THE ELECTRIC CORPORATION AND INSTALLED IN
THE MUNICIPALITY AS OF THE DATE THE MUNICIPALITY EXERCISES ITS RIGHT OF
ACQUISITION PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION. UPON SUCH
PAYMENT, THE MUNICIPALITY SHALL HAVE THE RIGHT TO USE, ALTER, REMOVE, OR
REPLACE SUCH ACQUIRED LIGHTING EQUIPMENT IN ANY WAY THE MUNICIPALITY
DEEMS APPROPRIATE. ANY CONTRACT A MUNICIPALITY ENTERS FOR SUCH SERVICES
MUST REQUIRE APPROPRIATE LEVELS OF TRAINING CERTIFICATION OF PERSONNEL
PROVIDING POLE SERVICE FOR PUBLIC AND WORKER SAFETY, EVIDENCE OF TWEN-
TY-FOUR HOUR CALL CAPACITY AND A COMMITTED TIMELY RESPONSE SCHEDULE FOR
BOTH EMERGENCY AND ROUTINE OUTAGES. THE MUNICIPALITY MAY ALSO REQUEST
THAT THE ELECTRIC CORPORATION REMOVE ANY PART OF SUCH LIGHTING EQUIPMENT
THAT IT DOES NOT ACQUIRE FROM THE ELECTRIC CORPORATION IN WHICH CASE THE
A. 6912--B 3
MUNICIPALITY SHALL REIMBURSE THE ELECTRIC CORPORATION THE COST OF
REMOVAL BY THE ELECTRIC CORPORATION.
(C) WHEN A MUNICIPALITY EXERCISES ITS OPTION PURSUANT TO THIS SECTION,
THE MUNICIPALITY SHALL NOTIFY THE ELECTRIC CORPORATION OF ANY ALTER-
ATIONS TO STREET AND AREA LIGHTING INVENTORY WITHIN SIXTY DAYS OF THE
ALTERATION. THE ELECTRIC CORPORATION SHALL THEN ADJUST ITS MONTHLY BILL-
ING DETERMINATIONS TO REFLECT THE ALTERATION WITHIN SIXTY DAYS.
(D) WHEN A MUNICIPALITY EXERCISES ITS OPTION PURSUANT TO PARAGRAPH (A)
OF THIS SUBDIVISION, ANYONE OTHER THAN THE ELECTRIC CORPORATION CONTROL-
LING THE RIGHT TO USE SPACE ON ANY POLE, LAMP POST, OR OTHER MOUNTING
SURFACE PREVIOUSLY USED BY THE ELECTRIC CORPORATION IN SUCH MUNICIPALITY
SHALL ALLOW THE MUNICIPALITY TO ASSUME THE RIGHTS AND OBLIGATIONS OF THE
ELECTRIC CORPORATION WITH RESPECT TO SUCH SPACE FOR THE UNEXPIRED TERM
OF ANY LEASE, EASEMENT, OR OTHER AGREEMENT UNDER WHICH THE ELECTRIC
CORPORATION USED SUCH SPACE; PROVIDED, HOWEVER, THAT:
(1) THE MUNICIPALITY IS SUBJECT TO THE SAME TERMS AND CONDITIONS THAT
POLE OWNERS MAKE TO OTHERS THAT ATTACH TO THE POLES; AND
(2) IN THE ASSUMPTION OF THE RIGHTS AND OBLIGATIONS OF THE ELECTRIC
CORPORATION BY SUCH A MUNICIPALITY, SUCH MUNICIPALITY SHALL IN NO WAY OR
FORM RESTRICT, IMPEDE, OR PROHIBIT UNIVERSAL ACCESS FOR THE PROVISION OF
ELECTRIC AND OTHER SERVICES.
(E) ANY DISPUTE REGARDING THE TERMS OF THE ALTERNATIVE TARIFF, THE
COMPENSATION TO BE PAID THE ELECTRIC CORPORATION, OR ANY OTHER MATTER
ARISING IN CONNECTION WITH THE EXERCISE OF THE OPTION PROVIDED IN PARA-
GRAPH (A) OF THIS SUBDIVISION, INCLUDING, BUT NOT LIMITED TO, THE TERMS
ON WHICH SPACE IS TO BE PROVIDED TO THE MUNICIPALITY IN ACCORDANCE WITH
PARAGRAPH (C) OF THIS SUBDIVISION, SHALL BE RESOLVED BY THE COMMISSION
WITHIN NINETY DAYS OF ANY REQUEST FOR SUCH RESOLUTION BY THE MUNICI-
PALITY OR ANY PERSON INVOLVED IN SUCH DISPUTE.
(F) ANY MUNICIPALITY EXERCISING THE OPTION TO CONVERT ITS LIGHTING
EQUIPMENT PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL FILE PROOF
OF SERVICE OF THE REQUIRED SIXTY DAY NOTICE WITH THE COMMISSION. SUCH
NOTICE SHALL BE SERVED ON THE OWNER OR OWNERS OF THE STREET LIGHT EQUIP-
MENT AND SUPPORTING INFRASTRUCTURE WHICH ARE SUBJECT TO SUCH PROCEEDING.
THE MUNICIPALITY SHALL SERVE A COPY OF SUCH NOTICE ON SUCH OTHER PERSONS
OR ENTITIES AS THE COMMISSION MAY DEEM APPROPRIATE. THE MUNICIPALITY,
THE COMMISSION AND THOSE SERVED SHALL CONSTITUTE THE PARTIES TO A
PROCEEDING PURSUANT TO THIS SECTION.
(G) THE SIXTY DAY NOTICE REQUIRED OF A MUNICIPALITY WHEN EXERCISING
ITS OPTION TO CONVERT PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION
SHALL INCLUDE:
(1) A STATEMENT EXPLAINING THE NEED FOR THE CHANGE IN OWNERSHIP
INCLUDING THE FINANCIAL IMPACTS TO THE MUNICIPALITY;
(2) A STATEMENT EXPLAINING THE MUNICIPALITY'S PLANS TO RETROFIT THE
FIXTURES TO BE ACQUIRED WITH ENERGY EFFICIENT LIGHTING; AND
(3) SUCH OTHER INFORMATION AS THE MUNICIPALITY MAY CONSIDER RELEVANT
OR AS THE COMMISSION MAY REQUIRE.
(H) THE COMMISSION SHALL WORK WITH THE NEW YORK STATE ENERGY RESEARCH
AND DEVELOPMENT AUTHORITY TO IDENTIFY ENERGY EFFICIENCY OR OTHER FUNDING
WHICH WOULD BE AVAILABLE FOR MUNICIPALITIES FOR THE PURPOSES OF THIS
SECTION.
S 3. This act shall take effect on the thirtieth day after it shall
have become a law.