S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5356
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 18, 2015
                                      ___________
       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:
    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  ELECTRIC  ENERGY  INTO
   12  STREET  LIGHTING SERVICE, BUT EXCLUDING THE UTILITY POLES UPON WHICH THE
   13  LIGHTING EQUIPMENT IS FIXED. LIGHTING EQUIPMENT SHALL INCLUDE,  BUT  NOT
   14  BE  LIMITED  TO,  DECORATIVE  STREET  AND  AREA  LIGHTNING 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 ITS OPTION, UPON SIXTY
   20  DAYS NOTICE TO THE ELECTRIC  CORPORATION  AND  TO  THE  DEPARTMENT,  AND
   21  SUBJECT  TO THE PROVISIONS OF PARAGRAPHS (B), (C) AND (D) OF THIS SUBDI-
   22  VISION, MAY:
   23    (1) CONVERT ITS STREET LIGHTING SERVICE FROM THE SUBJECT  TARIFF  RATE
   24  TO  AN  ALTERNATIVE  TARIFF  RATE  PROVIDING FOR DELIVERY SERVICE BY THE
   25  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
    1  ELECTRIC  CORPORATION,  OVER  DISTRIBUTION FACILITIES AND WIRES OWNED BY
    2  THE ELECTRIC CORPORATION TO LIGHTING EQUIPMENT OWNED OR  LEASED  BY  THE
    3  MUNICIPALITY,  AND FURTHER PROVIDING FOR THE USE BY SUCH MUNICIPALITY OF
    4  THE  SPACE  ON ANY POLE, LAMP POST, OR OTHER MOUNTING SURFACE PREVIOUSLY
    5  USED BY THE ELECTRIC CORPORATION FOR THE MOUNTING OF THE LIGHTING EQUIP-
    6  MENT. THE ALTERNATIVE TARIFF RATE SHALL PROVIDE FOR  MONTHLY  BILLS  FOR
    7  STREET AND AREA LIGHTING THAT SHALL INCLUDE A SCHEDULE OF ENERGY CHARGES
    8  BASED  ON A DETERMINATION OF ANNUAL KILOWATT-HOUR USAGE PER LUMEN RATING
    9  OR NOMINAL WATTAGE OF ALL TYPES OF LIGHTING  EQUIPMENT,  BUT  SHALL  NOT
   10  INCLUDE  FACILITY,  SUPPORT,  MAINTENANCE, OR ACCESSORY CHARGES. THE NEW
   11  TARIFF SHALL USE EXISTING USAGE CALCULATION METHODS AND  EXISTING  RATES
   12  FOR  ANY  CURRENTLY EXISTING LIGHTING EQUIPMENT, ONLY SETTING REASONABLE
   13  NEW RATES FOR NEWLY ADOPTED LIGHTING EQUIPMENT. THE NEW TARIFF SHALL  BE
   14  STRUCTURED  SO AS TO ALLOW OPTIONS FOR VARIOUS STREET LIGHTING CONTROLS,
   15  INCLUDING BUT NOT LIMITED TO BOTH CONVENTIONAL DUSK/DAWN OPERATION USING
   16  PHOTOCELL OR SCHEDULING CONTROLS, AS WELL AS SCHEDULE-BASED  DIMMING  OR
   17  ON/OFF CONTROLS THAT DIM OR TURN OFF STREET LIGHTS DURING PERIODS OF LOW
   18  ACTIVITY. THE ELECTRIC CORPORATION, IN CONSULTATION WITH THE DEPARTMENT,
   19  SHALL  FILE  THE NEW TARIFF WITH THE COMMISSION WITHIN SIXTY DAYS OF THE
   20  NOTICE BY A MUNICIPALITY TO EXERCISE ITS OPTION TO CONVERT ITS  LIGHTING
   21  EQUIPMENT  AND  THE  COMMISSION SHALL THEN ISSUE A DECISION WITHIN SIXTY
   22  DAYS AFTER THE FILING TO EFFECTUATE THE PURPOSES AND PROVISIONS OF  THIS
   23  SECTION;
   24    (2) PURCHASE ELECTRIC ENERGY FOR USE IN SUCH MUNICIPAL LIGHTING EQUIP-
   25  MENT FROM THE ELECTRIC CORPORATION OR ANY OTHER PERSON ALLOWED BY LAW TO
   26  PROVIDE ELECTRICITY; AND
   27    (3)  AFTER  DUE DILIGENCE, INCLUDING AN ANALYSIS OF THE COST IMPACT TO
   28  THE MUNICIPALITY, ACQUIRE ALL OF THE PUBLIC  STREET  AND  AREA  LIGHTING
   29  EQUIPMENT  OF THE ELECTRIC CORPORATION IN THE MUNICIPALITY, COMPENSATING
   30  THE ELECTRIC CORPORATION AS NECESSARY, IN ACCORDANCE WITH PARAGRAPH  (B)
   31  OF THIS SUBDIVISION.
   32    (B)  ANY  MUNICIPALITY  EXERCISING  THE OPTION TO CONVERT ITS LIGHTING
   33  EQUIPMENT PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION MUST  COMPENSATE
   34  THE  ELECTRIC  CORPORATION  FOR THE ORIGINAL COST, LESS DEPRECIATION AND
   35  LESS AMORTIZATION, OF ANY ACTIVE OR INACTIVE  EXISTING  PUBLIC  LIGHTING
   36  EQUIPMENT OWNED BY THE ELECTRIC CORPORATION AND INSTALLED IN THE MUNICI-
   37  PALITY  AS  OF THE DATE THE MUNICIPALITY EXERCISES ITS RIGHT OF ACQUISI-
   38  TION PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, NET OF  ANY  SALVAGE
   39  VALUE.  UPON SUCH PAYMENT, THE MUNICIPALITY SHALL HAVE THE RIGHT TO USE,
   40  ALTER,  REMOVE,  OR  REPLACE SUCH ACQUIRED LIGHTING EQUIPMENT IN ANY WAY
   41  THE MUNICIPALITY DEEMS APPROPRIATE. ANY CONTRACT A  MUNICIPALITY  ENTERS
   42  FOR  SUCH  SERVICES  MUST REQUIRE APPROPRIATE LEVELS OF TRAINING CERTIF-
   43  ICATION OF PERSONNEL PROVIDING POLE SERVICE FOR PUBLIC AND WORKER  SAFE-
   44  TY,  EVIDENCE  OF  TWENTY-FOUR HOUR CALL CAPACITY AND A COMMITTED TIMELY
   45  RESPONSE SCHEDULE FOR BOTH EMERGENCY AND ROUTINE  OUTAGES.  THE  MUNICI-
   46  PALITY MAY ALSO REQUEST THAT THE ELECTRIC CORPORATION REMOVE ANY PART OF
   47  SUCH  LIGHTING  EQUIPMENT  THAT  IT  DOES  NOT ACQUIRE FROM THE ELECTRIC
   48  CORPORATION IN WHICH CASE THE MUNICIPALITY SHALL REIMBURSE THE  ELECTRIC
   49  CORPORATION  THE COST OF REMOVAL BY THE ELECTRIC CORPORATION, ALONG WITH
   50  THE ORIGINAL COST, LESS  DEPRECIATION  AND  LESS  AMORTIZATION,  OF  THE
   51  REMOVED PART, NET OF ANY SALVAGE VALUE.
   52    (C) WHEN A MUNICIPALITY EXERCISES ITS OPTION PURSUANT TO THIS SECTION,
   53  THE  MUNICIPALITY  SHALL  NOTIFY  THE ELECTRIC CORPORATION OF ANY ALTER-
   54  ATIONS TO STREET AND AREA LIGHTING INVENTORY WITHIN SIXTY  DAYS  OF  THE
   55  ALTERATION. THE ELECTRIC CORPORATION SHALL THEN ADJUST ITS MONTHLY BILL-
   56  ING DETERMINATIONS TO REFLECT THE ALTERATION WITHIN SIXTY DAYS.
       A. 5356                             3
    1    (D) WHEN A MUNICIPALITY EXERCISES ITS OPTION PURSUANT TO PARAGRAPH (A)
    2  OF THIS SUBDIVISION, ANYONE OTHER THAN THE ELECTRIC CORPORATION CONTROL-
    3  LING  THE  RIGHT  TO USE SPACE ON ANY POLE, LAMP POST, OR OTHER MOUNTING
    4  SURFACE PREVIOUSLY USED BY THE ELECTRIC CORPORATION IN SUCH MUNICIPALITY
    5  SHALL ALLOW THE MUNICIPALITY TO ASSUME THE RIGHTS AND OBLIGATIONS OF THE
    6  ELECTRIC  CORPORATION  WITH RESPECT TO SUCH SPACE FOR THE UNEXPIRED TERM
    7  OF ANY LEASE, EASEMENT, OR OTHER  AGREEMENT  UNDER  WHICH  THE  ELECTRIC
    8  CORPORATION USED SUCH SPACE; PROVIDED, HOWEVER, THAT:
    9    (1)  THE MUNICIPALITY IS SUBJECT TO THE SAME TERMS AND CONDITIONS THAT
   10  POLE OWNERS MAKE TO OTHERS THAT ATTACH TO THE POLES; AND
   11    (2) IN THE ASSUMPTION OF THE RIGHTS AND OBLIGATIONS  OF  THE  ELECTRIC
   12  CORPORATION BY SUCH A MUNICIPALITY, SUCH MUNICIPALITY SHALL IN NO WAY OR
   13  FORM RESTRICT, IMPEDE, OR PROHIBIT UNIVERSAL ACCESS FOR THE PROVISION OF
   14  ELECTRIC AND OTHER SERVICES.
   15    (E)  ANY  DISPUTE  REGARDING  THE TERMS OF THE ALTERNATIVE TARIFF, THE
   16  COMPENSATION TO BE PAID THE ELECTRIC CORPORATION, OR  ANY  OTHER  MATTER
   17  ARISING  IN CONNECTION WITH THE EXERCISE OF THE OPTION PROVIDED IN PARA-
   18  GRAPH (A) OF THIS SUBDIVISION, INCLUDING, BUT NOT LIMITED TO, THE  TERMS
   19  ON  WHICH SPACE IS TO BE PROVIDED TO THE MUNICIPALITY IN ACCORDANCE WITH
   20  PARAGRAPH (C) OF THIS SUBDIVISION, SHALL BE RESOLVED BY  THE  COMMISSION
   21  WITHIN  NINETY  DAYS  OF  ANY REQUEST FOR SUCH RESOLUTION BY THE MUNICI-
   22  PALITY OR ANY PERSON INVOLVED IN SUCH DISPUTE.
   23    S 3. This act shall take effect on the thirtieth day  after  it  shall
   24  have become a law.