Senate Bill S5205B

Signed By Governor

2015-2016 Legislative Session

Relates to municipal acquisition of street lights from electric utilities

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 20, 2015	signed chap.495
Nov 10, 2015	delivered to governor
Jun 18, 2015	returned to senate passed assembly ordered to third reading cal.434 substituted for a6912c
Jun 17, 2015	referred to ways and means delivered to assembly passed senate ordered to third reading cal.1801 committee discharged and committed to rules
Jun 12, 2015	print number 5205b
Jun 12, 2015	amend and recommit to energy and telecommunications
Jun 09, 2015	print number 5205a
Jun 09, 2015	amend (t) and recommit to energy and telecommunications
May 07, 2015	referred to energy and telecommunications

Votes

- Jun 17, 2015 - Floor Vote
  S5205B
  
  Aye
  
  63
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Floor Vote: Jun 17, 2015
      
      aye (63)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
  Jun 17, 2015 - Rules Committee Vote
  S5205B
  
  Aye
  
  22
  
  Nay
  
  0
  
  Aye with Reservations
  
  3
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Rules Committee Vote: Jun 17, 2015
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Hannon
      
      Hassell-Thompson
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      aye wr (3)
      
      Gianaris
      
      Krueger
      
      Perkins

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2015-S5205 - Details

See Assembly Version of this Bill:: A6912
Law Section:: Public Service Law
Laws Affected:: Add §70-a, Pub Serv L

2015-S5205 - Summary

Relates to municipal acquisition of street lights from electric utilities.

2015-S5205 - Sponsor Memo

                                BILL NUMBER:S5205

TITLE OF BILL:  An act to amend the public service law, in relation to
streetlight replacement and savings

PURPOSE:

To allow a municipality to acquire ownership of its streetlights from
a public utility.

SUMMARY OF PROVISIONS:

Section one of the bill sets forth the title: the "Streetlight
Replacement and Savings Act."

Section two:

*authorizes a municipality to assume ownership rights of its
streetlights;

*provides for an alternative tariff rate, established in consultation
between the Department of Public Service and the utility, where a
municipality would pay for converting its streetlights;

*creates a process for determining the purchase price for the
transaction between the utility and municipality which would be 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 municipality as of the date the
municipality exercises its right of acquisition, net of any salvage
value from the transaction;

*authorizes the Public Service Commission to resolve any dispute
regarding the terms of the alternative tariff, the compensation to be
paid the electric corporation by the municipality, or any other matter
arising in connection to the exercise of this option;

Section three provides that the effective date would be 30 days after
enactment.

JUSTIFICATION:

This bill would allow an interested municipality to purchase its
streetlights from its utility. After the purchase, a municipality
could achieve significant savings from upgrading its streetlights to a
more efficient LED lightning technology and from additional
flexibility on how it pays for streetlight maintenance. In states
(Massachusetts, Rhode Island, and Maine) that provide municipalities
the right under state law to purchase their streetlights,
municipalities have seen annual cost savings up to 70-80% after
completing a LED retrofit of its streetlights. See NYSERDA report
"Street Lighting in New York State: Opportunities and Challenges"
(Report Number 14-42; December of 2014).

LEGISLATIVE HISTORY:

New bill.


FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

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

2015-S5205 - Bill Text download pdf

                            
                    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.

co-Sponsors

View additional co-sponsors

2015-S5205A - Details

See Assembly Version of this Bill:: A6912
Law Section:: Public Service Law
Laws Affected:: Add §70-a, Pub Serv L

2015-S5205A - Summary

Relates to municipal acquisition of street lights from electric utilities.

2015-S5205A - Sponsor Memo

                                 BILL NUMBER:  S5205A

 TITLE OF BILL :  An act to amend the public service law, in relation
to municipal acquisition of street lights from electric utilities

 PURPOSE :  To establish procedures for the transfer of ownership of
streetlights and supporting infrastructure from a public utility to a
municipality or other government entity

 SUMMARY OF PROVISIONS :

Section one provides that any municipality or other government entity
proposing to acquire title to and transfer ownership of street lights
and supporting infrastructure may file an application with the Public
Service Commission (PSC) 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 petitioning municipality.

Section two sets out the requirements for a municipality's application
to acquire streetlights including: an inventory form with pole
numbers, location and light type; a statement explaining the need for
change in ownership including anticipated financial impacts to the
municipality and the municipality's plans to retrofit the fixtures
with energy efficient lighting.

Section three requires that the application must be filed with the PSC
and served on the owner of the street light equipment and supporting
infrastructure and any other persons or entities as the PSC Chair
deems appropriate.

Section four provides that the PSC 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 thereto.

Section five directs the Commission to require that any agreement
between the municipality and the owner of the street lighting system
must provide that personnel working on street lighting systems are
qualified in compliance with established standards associated with
work in close proximity to electrical equipment and any required
make-ready work must be performed by the utility or qualified
contractor.

Section six provides that the PSC shall work with the New York State
Energy research and Development Authority (NYSERDA) to identify energy
efficiency or funding which would be available for municipalities for
the purposes of this section.

 JUSTIFICATION :  This bill would provide clear guidelines for a
municipality interested in purchasing its streetlights from the
utility that owns them. Under current law, municipalities can already
purchase streetlights with PSC approval of the transaction based on a
tariff that facilitates the change in title and ownership. However, it
has been difficult for some municipalities wishing to purchase their
streetlights to enter into negotiations with the local utility.

This legislation would facilitate this process by requiring that all
investor-owned utilities have the appropriate tariff in place to
effectuate the purchase of street lights by a municipality, and also
by establishing specific steps to make it easier for a municipality to
submit an application to the PSC and initiate a proceeding for PSC
review and approval of the sale of street lights by an investor-owned
utility. The bill also directs the PSC to work with NYSERDA to
identify energy efficiencies or funding which would be available for
municipalities trying to save money over time by purchasing their
street lights and supporting infrastructure.

 LEGISLATIVE HISTORY : New bill.

 FISCAL IMPLICATIONS : None.

 EFFECTIVE DATE :  This act shall take effect on the one hundred and
twentieth day after it shall have become a law.

2015-S5205A - Bill Text download pdf

                            
                    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.

co-Sponsors

View additional co-sponsors

2015-S5205B (ACTIVE) - Details

See Assembly Version of this Bill:: A6912
Law Section:: Public Service Law
Laws Affected:: Add §70-a, Pub Serv L

2015-S5205B (ACTIVE) - Summary

Relates to municipal acquisition of street lights from electric utilities.

2015-S5205B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5205B                    Revised 06/17/15

TITLE OF BILL:

An act to amend the public service law, in relation to municipal
acquisition of street lights from electric utilities

PURPOSE:

To establish procedures for the transfer of ownership of streetlights
and supporting infrastructure from a public utility to a municipality
or other government entity

SUMMARY OF PROVISIONS:

Section one provides that any municipality or other government entity
proposing to acquire title to and transfer ownership of street lights
and supporting infrastructure may file an application with the Public
Service Commission (PSC) to determine if there is a public interest
for the Commission to commence a proceeding to facilitate an ownership
transfer agreement between the owner of the street lights and the
petitioning municipality.

Section two sets out the requirements for a municipality's application
to acquire streetlights including: an inventory form with pole
numbers, location and light type, which, upon request an electric

corporation shall provide such information required based on the
actual cost, if any, to prepare such information; a statement
explaining the need for change in ownership including anticipated
financial impacts to the municipality and the municipality's plans to
retrofit the fixtures with energy efficient lighting.

Section three requires that the application must be filed with the PSC
and served on the owner of the street light equipment and supporting
infrastructure and any other persons or entities as the PSC Chair
deems appropriate.

Section four provides that the PSC shall require any electric
corporation 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 thereto.

Section five directs the Commission to require that any agreement
between the municipality and the owner of the street lighting system
must provide that personnel working on street lighting systems are
qualified in compliance with established standards associated with
work in close proximity to electrical equipment and any required
make-ready work must be performed by the utility or qualified
contractor.

Section six provides that the PSC shall work with the New York State
Energy research and Development Authority (NYSERDA) to identify energy
efficiency or funding which would be available for municipalities for
the purposes of this section.


JUSTIFICATION:

This bill would provide clear guidelines for a municipality interested
in purchasing its streetlights from the electric corporation that owns
them. Under current law, municipalities can already purchase
streetlights with PSC approval of the transaction based on a tariff
that facilitates the change in title and ownership. However, it has
been difficult for some municipalities wishing to purchase their
streetlights to enter into negotiations with the local electric
corporation.

This legislation would facilitate this process by requiring that all
investor--owned utilities have the appropriate tariff in place to
effectuate the purchase of street lights by a municipality, and also
by establishing specific steps to make it easier for a municipality to
submit an application to the PSC and initiate a proceeding for PSC
review and approval of the sale of street lights by an investor-owned
utility. The bill also directs the PSC to work with NYSERDA to
identify energy efficiencies or funding which would be available for
municipalities trying to save money over time by purchasing their
street lights and supporting infrastructure.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the one hundred and twentieth day after
it shall have become a law.

2015-S5205B (ACTIVE) - Bill Text download pdf

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

                                 5205--B

                       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  --  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 PUBLIC INTEREST FOR THE COMMIS-
SION TO COMMENCE A PROCEEDING TO FACILITATE AN OWNERSHIP TRANSFER AGREE-
MENT BETWEEN THE OWNER OF THE STREET LIGHTS AND THE PETITIONING  MUNICI-
PALITY.
  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; UPON REQUEST AN ELEC-
TRIC CORPORATION SHALL PROVIDE SUCH INFORMATION REQUIRED  BASED  ON  THE
ACTUAL COST, IF ANY, TO PREPARE THE SAME;
  (B)  A  STATEMENT  EXPLAINING  THE  NEED  FOR  THE CHANGE IN OWNERSHIP
INCLUDING THE ANTICIPATED 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08112-08-5

S. 5205--B                          2

  (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
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,  INCLUDING  LIGHT  EMITTING DIODES, 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 one hundred twentieth day after
it shall have become a law.

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