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:
    1    Section  1.  Short  Title. This act shall be known and may be cited as
    2  the "streetlight replacement and savings act".
    3    S 2. The public service law is amended by adding a new section 66-o to
    4  read as follows:
    5    S 66-O. STREETLIGHT REPLACEMENT AND SAVINGS.  1.  DEFINITIONS.    WHEN
    6  USED  IN THIS SECTION, THE FOLLOWING TERM SHALL HAVE THE FOLLOWING MEAN-
    7  ING:
    8    "LIGHTING EQUIPMENT" MEANS ALL EQUIPMENT USED TO LIGHT STREETS IN  THE
    9  MUNICIPALITY,  THE  OPERATION  AND  MAINTENANCE  OF  WHICH  IS CURRENTLY
   10  CHARGED TO THE MUNICIPALITY, INCLUDING LIGHTING BALLASTS, FIXTURES,  AND
   11  OTHER  EQUIPMENT NECESSARY FOR THE CONVERSION OF ELECTRICITY INTO STREET
   12  LIGHTING SERVICE, BUT EXCLUDING THE UTILITY POLES UPON WHICH THE  LIGHT-
   13  ING  EQUIPMENT  IS  FIXED.  LIGHTING EQUIPMENT SHALL INCLUDE, BUT NOT BE
   14  LIMITED  TO,  DECORATIVE  STREET  AND  AREA   LIGHTING   EQUIPMENT   AND
   15  SOLID-STATE (LED) LIGHTING TECHNOLOGIES.
   16    2.  STREETLIGHT  INVESTMENT.  (A)  ANY  MUNICIPALITY  RECEIVING STREET
   17  LIGHTING SERVICE FROM AN ELECTRIC CORPORATION PURSUANT  TO  AN  ELECTRIC
   18  RATE  TARIFF  PROVIDING  FOR  THE  USE  BY SUCH MUNICIPALITY OF LIGHTING
   19  EQUIPMENT OWNED BY  THE  ELECTRIC  CORPORATION,  AT  THE  MUNICIPALITY'S
   20  OPTION,  UPON  SIXTY  DAYS NOTICE TO THE ELECTRIC CORPORATION AND TO THE
   21  DEPARTMENT, AND SUBJECT TO THE PROVISIONS OF PARAGRAPHS (B), (C) AND (D)
   22  OF THIS SUBDIVISION, MAY:
   23    (1) CONVERT  ITS  STREET  LIGHTING  SERVICE  FROM  THE  MUNICIPALITY'S
   24  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
    1  SERVICE  BY  THE  ELECTRIC  CORPORATION  OF  ELECTRICITY, WHETHER OR NOT
    2  SUPPLIED BY THE ELECTRIC CORPORATION, OVER DISTRIBUTION  FACILITIES  AND
    3  WIRES  OWNED  BY THE ELECTRIC CORPORATION TO LIGHTING EQUIPMENT OWNED OR
    4  LEASED  BY  THE  MUNICIPALITY, AND FURTHER PROVIDING FOR THE USE BY SUCH
    5  MUNICIPALITY OF THE SPACE ON ANY POLE,  LAMP  POST,  OR  OTHER  MOUNTING
    6  SURFACE  PREVIOUSLY USED BY THE ELECTRIC CORPORATION FOR THE MOUNTING OF
    7  THE LIGHTING EQUIPMENT. THE ALTERNATIVE TARIFF RATE  SHALL  PROVIDE  FOR
    8  MONTHLY BILLS FOR STREET AND AREA LIGHTING THAT SHALL INCLUDE A SCHEDULE
    9  OF ENERGY CHARGES BASED ON A DETERMINATION OF ANNUAL KILOWATT-HOUR USAGE
   10  PER  LUMEN RATING OR NOMINAL WATTAGE OF ALL TYPES OF LIGHTING EQUIPMENT,
   11  BUT SHALL NOT  INCLUDE  FACILITY,  SUPPORT,  MAINTENANCE,  OR  ACCESSORY
   12  CHARGES. THE NEW TARIFF SHALL USE EXISTING USAGE CALCULATION METHODS AND
   13  EXISTING  RATES  FOR  ANY  CURRENTLY  EXISTING  LIGHTING EQUIPMENT, ONLY
   14  SETTING REASONABLE NEW RATES FOR NEWLY ADOPTED LIGHTING  EQUIPMENT.  THE
   15  ALTERNATIVE  TARIFF SHALL BE STRUCTURED SO AS TO ALLOW OPTIONS FOR VARI-
   16  OUS STREET LIGHTING CONTROLS, INCLUDING BUT NOT LIMITED TO BOTH  CONVEN-
   17  TIONAL  DUSK/DAWN  OPERATION  USING PHOTOCELL OR SCHEDULING CONTROLS, AS
   18  WELL AS SCHEDULE-BASED DIMMING OR ON/OFF CONTROLS THAT DIM OR  TURN  OFF
   19  STREET  LIGHTS DURING PERIODS OF LOW ACTIVITY. THE ELECTRIC CORPORATION,
   20  IN CONSULTATION WITH THE DEPARTMENT, SHALL FILE THE  ALTERNATIVE  TARIFF
   21  WITH THE COMMISSION WITHIN SIXTY DAYS OF THE NOTICE BY A MUNICIPALITY TO
   22  EXERCISE THE MUNICIPALITY'S OPTION TO CONVERT ITS LIGHTING EQUIPMENT AND
   23  THE  COMMISSION  SHALL THEN ISSUE A DECISION WITHIN SIXTY DAYS AFTER THE
   24  FILING TO EFFECTUATE THE PURPOSES AND PROVISIONS OF THIS SECTION;
   25    (2) PURCHASE ELECTRICITY FOR USE IN SUCH MUNICIPAL LIGHTING  EQUIPMENT
   26  FROM  THE  ELECTRIC  CORPORATION  OR  ANY OTHER PERSON ALLOWED BY LAW TO
   27  PROVIDE ELECTRICITY; AND
   28    (3) AFTER DUE DILIGENCE, INCLUDING AN ANALYSIS OF THE COST  IMPACT  TO
   29  THE  MUNICIPALITY,  ACQUIRE  ALL  OF THE PUBLIC STREET AND AREA LIGHTING
   30  EQUIPMENT OF THE ELECTRIC CORPORATION IN THE MUNICIPALITY,  COMPENSATING
   31  THE  ELECTRIC CORPORATION AS NECESSARY, IN ACCORDANCE WITH PARAGRAPH (B)
   32  OF THIS SUBDIVISION.
   33    (B) ANY MUNICIPALITY EXERCISING THE OPTION  TO  CONVERT  ITS  LIGHTING
   34  EQUIPMENT  PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION MUST COMPENSATE
   35  THE ELECTRIC CORPORATION FOR THE ORIGINAL COST,  LESS  DEPRECIATION  AND
   36  LESS  AMORTIZATION,  OF  ANY ACTIVE OR INACTIVE EXISTING PUBLIC LIGHTING
   37  EQUIPMENT OWNED BY THE ELECTRIC CORPORATION AND INSTALLED IN THE MUNICI-
   38  PALITY AS OF THE DATE THE MUNICIPALITY EXERCISES ITS RIGHT  OF  ACQUISI-
   39  TION  PURSUANT  TO PARAGRAPH (A) OF THIS SUBDIVISION, NET OF ANY SALVAGE
   40  VALUE.  UPON SUCH PAYMENT, THE MUNICIPALITY SHALL HAVE THE RIGHT TO USE,
   41  ALTER, REMOVE, OR REPLACE SUCH ACQUIRED LIGHTING EQUIPMENT  IN  ANY  WAY
   42  THE  MUNICIPALITY  DEEMS APPROPRIATE. ANY CONTRACT A MUNICIPALITY ENTERS
   43  FOR SUCH SERVICES MUST REQUIRE APPROPRIATE LEVELS  OF  TRAINING  CERTIF-
   44  ICATION  OF PERSONNEL PROVIDING POLE SERVICE FOR PUBLIC AND WORKER SAFE-
   45  TY, EVIDENCE OF TWENTY-FOUR HOUR CALL CAPACITY AND  A  COMMITTED  TIMELY
   46  RESPONSE  SCHEDULE  FOR  BOTH EMERGENCY AND ROUTINE OUTAGES. THE MUNICI-
   47  PALITY MAY ALSO REQUEST THAT THE ELECTRIC CORPORATION REMOVE ANY PART OF
   48  SUCH LIGHTING EQUIPMENT THAT IT  DOES  NOT  ACQUIRE  FROM  THE  ELECTRIC
   49  CORPORATION  IN WHICH CASE THE MUNICIPALITY SHALL REIMBURSE THE ELECTRIC
   50  CORPORATION THE COST OF REMOVAL BY THE ELECTRIC CORPORATION, ALONG  WITH
   51  THE  ORIGINAL  COST,  LESS  DEPRECIATION  AND  LESS AMORTIZATION, OF THE
   52  REMOVED PART, NET OF ANY SALVAGE VALUE.
   53    (C) WHEN A MUNICIPALITY EXERCISES ITS OPTION PURSUANT TO THIS SECTION,
   54  THE MUNICIPALITY SHALL NOTIFY THE ELECTRIC  CORPORATION  OF  ANY  ALTER-
   55  ATIONS  TO  STREET  AND AREA LIGHTING INVENTORY WITHIN SIXTY DAYS OF THE
       S. 5205                             3
    1  ALTERATION. THE ELECTRIC CORPORATION SHALL THEN ADJUST ITS MONTHLY BILL-
    2  ING DETERMINATIONS TO REFLECT THE ALTERATION WITHIN SIXTY DAYS.
    3    (D) WHEN A MUNICIPALITY EXERCISES ITS OPTION PURSUANT TO PARAGRAPH (A)
    4  OF THIS SUBDIVISION, ANYONE OTHER THAN THE ELECTRIC CORPORATION CONTROL-
    5  LING  THE  RIGHT  TO USE SPACE ON ANY POLE, LAMP POST, OR OTHER MOUNTING
    6  SURFACE PREVIOUSLY USED BY THE ELECTRIC CORPORATION IN SUCH MUNICIPALITY
    7  SHALL ALLOW THE MUNICIPALITY TO ASSUME THE RIGHTS AND OBLIGATIONS OF THE
    8  ELECTRIC CORPORATION WITH RESPECT TO SUCH SPACE FOR THE  UNEXPIRED  TERM
    9  OF  ANY  LEASE,  EASEMENT,  OR  OTHER AGREEMENT UNDER WHICH THE ELECTRIC
   10  CORPORATION USED SUCH SPACE; PROVIDED, HOWEVER, THAT:
   11    (1) THE MUNICIPALITY IS SUBJECT TO THE SAME TERMS AND CONDITIONS  THAT
   12  POLE OWNERS MAKE TO OTHERS THAT ATTACH TO THE POLES; AND
   13    (2)  IN  THE  ASSUMPTION OF THE RIGHTS AND OBLIGATIONS OF THE ELECTRIC
   14  CORPORATION BY SUCH A MUNICIPALITY, SUCH MUNICIPALITY SHALL IN NO WAY OR
   15  FORM RESTRICT, IMPEDE, OR PROHIBIT UNIVERSAL ACCESS FOR THE PROVISION OF
   16  ELECTRIC AND OTHER SERVICES.
   17    (E) ANY DISPUTE REGARDING THE TERMS OF  THE  ALTERNATIVE  TARIFF,  THE
   18  COMPENSATION  TO  BE  PAID THE ELECTRIC CORPORATION, OR ANY OTHER MATTER
   19  ARISING IN CONNECTION WITH THE EXERCISE OF THE OPTION PROVIDED IN  PARA-
   20  GRAPH  (A) OF THIS SUBDIVISION, INCLUDING, BUT NOT LIMITED TO, THE TERMS
   21  ON WHICH SPACE IS TO BE PROVIDED TO THE MUNICIPALITY IN ACCORDANCE  WITH
   22  PARAGRAPH  (C)  OF THIS SUBDIVISION, SHALL BE RESOLVED BY THE COMMISSION
   23  WITHIN NINETY DAYS OF ANY REQUEST FOR SUCH  RESOLUTION  BY  THE  MUNICI-
   24  PALITY OR ANY PERSON INVOLVED IN SUCH DISPUTE.
   25    S  3.  This  act shall take effect on the thirtieth day after it shall
   26  have become a law.