S T A T E O F N E W Y O R K
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5356
2015-2016 Regular Sessions
I N A S S E M B L Y
February 18, 2015
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Introduced by M. of A. BRENNAN -- read once and referred to the Commit-
tee on Corporations, Authorities and Commissions
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 ELECTRIC ENERGY INTO
STREET LIGHTING SERVICE, BUT EXCLUDING THE UTILITY POLES UPON WHICH THE
LIGHTING EQUIPMENT IS FIXED. LIGHTING EQUIPMENT SHALL INCLUDE, BUT NOT
BE LIMITED TO, DECORATIVE STREET AND AREA LIGHTNING 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 ITS 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 SUBDI-
VISION, MAY:
(1) CONVERT ITS STREET LIGHTING SERVICE FROM THE SUBJECT TARIFF RATE
TO AN ALTERNATIVE TARIFF RATE PROVIDING FOR DELIVERY SERVICE BY THE
ELECTRIC CORPORATION OF ELECTRIC ENERGY, WHETHER OR NOT SUPPLIED BY THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08112-01-5
A. 5356 2
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 EQUIP-
MENT. 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 NEW TARIFF SHALL BE
STRUCTURED SO AS TO ALLOW OPTIONS FOR VARIOUS STREET LIGHTING CONTROLS,
INCLUDING BUT NOT LIMITED TO BOTH CONVENTIONAL 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 NEW TARIFF WITH THE COMMISSION WITHIN SIXTY DAYS OF THE
NOTICE BY A MUNICIPALITY TO EXERCISE ITS 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 ELECTRIC ENERGY FOR USE IN SUCH MUNICIPAL LIGHTING EQUIP-
MENT 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
ALTERATION. THE ELECTRIC CORPORATION SHALL THEN ADJUST ITS MONTHLY BILL-
ING DETERMINATIONS TO REFLECT THE ALTERATION WITHIN SIXTY DAYS.
A. 5356 3
(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.