Senate Bill S6272

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

                                  6272

                            I N  S E N A T E

                               (PREFILED)

                             January 6, 2016
                               ___________

Introduced  by  Sen. LATIMER -- 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; and to repeal  section  70-a  of  the  public
  service law relating thereto

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

  Section 1. Section 70-a of the public service law is  REPEALED  and  a
new section 70-a is added to read as follows:
  S 70-A. STREETLIGHT REPLACEMENT AND SAVINGS. 1. DEFINITIONS. WHEN USED
IN  THIS  SECTION,  THE  FOLLOWING TERM SHALL HAVE THE FOLLOWING MEANING
"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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD13333-01-5

S. 6272                             2

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
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

S. 6272                             3

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