S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5205

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 7, 2015
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08112-03-5
              

S. 5205                             2

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 ELECTRIC CORPORATION,
IN CONSULTATION WITH THE DEPARTMENT, SHALL FILE THE  ALTERNATIVE  TARIFF
WITH THE COMMISSION WITHIN SIXTY DAYS OF THE NOTICE BY A MUNICIPALITY TO
EXERCISE THE MUNICIPALITY'S OPTION TO CONVERT ITS LIGHTING EQUIPMENT AND
THE  COMMISSION  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 THE ORIGINAL COST,  LESS  DEPRECIATION  AND
LESS  AMORTIZATION,  OF  ANY ACTIVE OR INACTIVE EXISTING PUBLIC LIGHTING
EQUIPMENT OWNED BY THE ELECTRIC CORPORATION AND INSTALLED IN THE MUNICI-
PALITY AS OF THE DATE THE MUNICIPALITY EXERCISES ITS RIGHT  OF  ACQUISI-
TION  PURSUANT  TO PARAGRAPH (A) OF THIS SUBDIVISION, NET OF ANY SALVAGE
VALUE.  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  CERTIF-
ICATION  OF PERSONNEL PROVIDING POLE SERVICE FOR PUBLIC AND WORKER SAFE-
TY, EVIDENCE OF TWENTY-FOUR HOUR CALL CAPACITY AND  A  COMMITTED  TIMELY
RESPONSE  SCHEDULE  FOR  BOTH EMERGENCY AND ROUTINE OUTAGES. THE MUNICI-
PALITY 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 MUNICIPALITY SHALL REIMBURSE THE ELECTRIC
CORPORATION THE COST OF REMOVAL BY THE ELECTRIC CORPORATION, ALONG  WITH
THE  ORIGINAL  COST,  LESS  DEPRECIATION  AND  LESS AMORTIZATION, OF THE
REMOVED PART, NET OF ANY SALVAGE VALUE.
  (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

S. 5205                             3

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.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5205--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 7, 2015
                               ___________

Introduced by Sens. GRIFFO, AMEDORE, HOYLMAN, LATIMER, PANEPINTO, SERRA-
  NO -- read twice and ordered printed, and when printed to be committed
  to  the  Committee  on  Energy  and  Telecommunications  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the public service law, in relation to municipal  acqui-
  sition of street lights from electric utilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public service law is amended by adding a  new  section
70-a to read as follows:
  S  70-A. STREET LIGHTS. 1. ANY MUNICIPALITY OR OTHER GOVERNMENT ENTITY
PROPOSING TO ACQUIRE TITLE TO AND TRANSFER  OWNERSHIP  OF  THE  COMPLETE
SYSTEM  OF  STREET  LIGHT LUMINAIRES OR FIXTURES, ALL SUPPORTING INFRAS-
TRUCTURE, AND ASSOCIATED ELECTRIC CIRCUITRY MAY FILE AN APPLICATION WITH
THE COMMISSION TO DETERMINE IF THERE IS SUBSTANTIAL PUBLIC INTEREST  FOR
THE  COMMISSION  TO  COMMENCE  A  PROCEEDING  TO FACILITATE AN OWNERSHIP
TRANSFER AGREEMENT BETWEEN THE OWNER OF THE STREET LIGHTS AND THE  PETI-
TIONING MUNICIPALITY.
  2.  THE  MUNICIPALITY  SHALL  FILE  AN APPLICATION WITH THE COMMISSION
IDENTIFYING OR PROVIDING:
  (A) AN INVENTORY FORM WITH POLE NUMBERS, LOCATION, LIGHT  SIZE,  LIGHT
TYPE AND OTHER RELEVANT DESCRIPTIVE INFORMATION;
  (B)  A  STATEMENT  EXPLAINING  THE  NEED  FOR  THE CHANGE IN OWNERSHIP
INCLUDING THE FINANCIAL IMPACTS TO THE MUNICIPALITY;
  (C) A STATEMENT EXPLAINING THE MUNICIPALITY'S PLANS  TO  RETROFIT  THE
FIXTURES TO BE ACQUIRED WITH ENERGY EFFICIENT LIGHTING; AND
  (D)  SUCH  OTHER INFORMATION AS THE APPLICANT MAY CONSIDER RELEVANT OR
AS THE COMMISSION MAY REQUIRE.
  3. ANY SUCH APPLICATION FILED WITH THE COMMISSION SHALL BE ACCOMPANIED
BY PROOF OF SERVICE, AND SHALL BE SERVED ON THE OWNER OR OWNERS  OF  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08112-04-5
              

S. 5205--A                          2

STREET  LIGHT  EQUIPMENT AND SUPPORTING INFRASTRUCTURE WHICH ARE SUBJECT
TO SUCH PROCEEDING. THE APPLICANT SHALL SERVE A COPY OF SUCH APPLICATION
ON SUCH OTHER PERSONS OR ENTITIES AS THE CHAIR MAY DEEM APPROPRIATE. THE
APPLICANT,  THE COMMISSION AND THOSE SERVED SHALL CONSTITUTE THE PARTIES
TO A PROCEEDING PURSUANT TO THIS SECTION.
  4. THE COMMISSION SHALL REQUIRE ANY UTILITY NAMED  AS  A  PARTY  TO  A
PROCEEDING  PURSUANT  TO  THIS SECTION TO HAVE AN EFFECTIVE TARIFF WHICH
ESTABLISHES THE PROCESS TO  FACILITATE  THE  TRANSFER  OF  OWNERSHIP  OF
STREET  LIGHT  EQUIPMENT, SUPPORTING INFRASTRUCTURE, ANY REQUIRED STREET
LIGHTING ATTACHMENT PROVISIONS, AND THE RATES AND CHARGES RELATED TO THE
FOREGOING.
  5. THE COMMISSION SHALL REQUIRE THAT ANY AGREEMENT BETWEEN THE MUNICI-
PALITY AND THE OWNER OF THE STREET  LIGHTING  SYSTEM  PROVIDE  THAT  ANY
PERSONNEL  THAT WORK ON SUCH STREET LIGHTING SYSTEM WILL BE ELECTRICALLY
QUALIFIED TO ACCOMMODATE THE ENVIRONMENT WITHIN WHICH THE  STREET  LIGHT
EQUIPMENT SHALL EXIST AND/OR BE IN COMPLIANCE WITH ESTABLISHED STANDARDS
ASSOCIATED  WITH  WORK  IN  CLOSE  PROXIMITY TO ELECTRICAL EQUIPMENT AND
FURTHER PROVIDE THAT ANY REQUIRED MAKE-READY WORK MUST BE  PERFORMED  BY
THE UTILITY OR QUALIFIED CONTRACTOR.
  6.  THE  COMMISSION SHALL WORK WITH THE NEW YORK STATE ENERGY RESEARCH
AND DEVELOPMENT AUTHORITY TO IDENTIFY ENERGY EFFICIENCY OR OF THE  FUND-
ING  WHICH WOULD BE AVAILABLE FOR MUNICIPALITIES FOR THE PURPOSES OF THE
SECTION.
  S 2. This act shall take effect on the on hundred twentieth day  after
it shall have become a law.