S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6912--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 10, 2015
                                      ___________
       Introduced  by M. of A. FAHY, BRENNAN, SEAWRIGHT, ABINANTI, OTIS -- read
         once and referred to the Committee on  Corporations,  Authorities  and
         Commissions  --  reported  and  referred  to the Committee on Ways and
         Means -- committee discharged,  bill  amended,  ordered  reprinted  as
         amended and recommitted to said committee
       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:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08112-02-5
       A. 6912--A                          2
    1    (1) CONVERT  ITS  STREET  LIGHTING  SERVICE  FROM  THE  MUNICIPALITY'S
    2  CURRENT TARIFF RATE TO AN ALTERNATIVE TARIFF RATE PROVIDING FOR DELIVERY
    3  SERVICE  BY  THE  ELECTRIC  CORPORATION  OF  ELECTRICITY, WHETHER OR NOT
    4  SUPPLIED BY THE ELECTRIC CORPORATION, OVER DISTRIBUTION  FACILITIES  AND
    5  WIRES  OWNED  BY THE ELECTRIC CORPORATION TO LIGHTING EQUIPMENT OWNED OR
    6  LEASED BY THE MUNICIPALITY, AND FURTHER PROVIDING FOR THE  USE  BY  SUCH
    7  MUNICIPALITY  OF  THE  SPACE  ON  ANY POLE, LAMP POST, OR OTHER MOUNTING
    8  SURFACE PREVIOUSLY USED BY THE ELECTRIC CORPORATION FOR THE MOUNTING  OF
    9  THE  LIGHTING  EQUIPMENT.  THE ALTERNATIVE TARIFF RATE SHALL PROVIDE FOR
   10  MONTHLY BILLS FOR STREET AND AREA LIGHTING THAT SHALL INCLUDE A SCHEDULE
   11  OF ENERGY CHARGES BASED ON A DETERMINATION OF ANNUAL KILOWATT-HOUR USAGE
   12  PER LUMEN RATING OR NOMINAL WATTAGE OF ALL TYPES OF LIGHTING  EQUIPMENT,
   13  BUT  SHALL  NOT  INCLUDE  FACILITY,  SUPPORT,  MAINTENANCE, OR ACCESSORY
   14  CHARGES. THE NEW TARIFF SHALL USE EXISTING USAGE CALCULATION METHODS AND
   15  EXISTING RATES FOR  ANY  CURRENTLY  EXISTING  LIGHTING  EQUIPMENT,  ONLY
   16  SETTING  REASONABLE  NEW RATES FOR NEWLY ADOPTED LIGHTING EQUIPMENT. THE
   17  ALTERNATIVE TARIFF SHALL BE STRUCTURED SO AS TO ALLOW OPTIONS FOR  VARI-
   18  OUS  STREET LIGHTING CONTROLS, INCLUDING BUT NOT LIMITED TO BOTH CONVEN-
   19  TIONAL DUSK/DAWN OPERATION USING PHOTOCELL OR  SCHEDULING  CONTROLS,  AS
   20  WELL  AS  SCHEDULE-BASED DIMMING OR ON/OFF CONTROLS THAT DIM OR TURN OFF
   21  STREET LIGHTS DURING PERIODS OF LOW ACTIVITY. THE ELECTRIC  CORPORATION,
   22  IN  CONSULTATION  WITH THE DEPARTMENT, SHALL FILE THE ALTERNATIVE TARIFF
   23  WITH THE COMMISSION WITHIN SIXTY DAYS OF THE NOTICE BY A MUNICIPALITY TO
   24  EXERCISE THE MUNICIPALITY'S OPTION TO CONVERT ITS LIGHTING EQUIPMENT AND
   25  THE COMMISSION SHALL THEN ISSUE A DECISION WITHIN SIXTY DAYS  AFTER  THE
   26  FILING TO EFFECTUATE THE PURPOSES AND PROVISIONS OF THIS SECTION;
   27    (2)  PURCHASE ELECTRICITY FOR USE IN SUCH MUNICIPAL LIGHTING EQUIPMENT
   28  FROM THE ELECTRIC CORPORATION OR ANY OTHER  PERSON  ALLOWED  BY  LAW  TO
   29  PROVIDE ELECTRICITY; AND
   30    (3)  AFTER  DUE DILIGENCE, INCLUDING AN ANALYSIS OF THE COST IMPACT TO
   31  THE MUNICIPALITY, ACQUIRE ALL OF THE PUBLIC  STREET  AND  AREA  LIGHTING
   32  EQUIPMENT  OF THE ELECTRIC CORPORATION IN THE MUNICIPALITY, COMPENSATING
   33  THE ELECTRIC CORPORATION AS NECESSARY, IN ACCORDANCE WITH PARAGRAPH  (B)
   34  OF THIS SUBDIVISION.
   35    (B)  ANY  MUNICIPALITY  EXERCISING  THE OPTION TO CONVERT ITS LIGHTING
   36  EQUIPMENT PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION MUST  COMPENSATE
   37  THE  ELECTRIC  CORPORATION  FOR THE ORIGINAL COST, LESS DEPRECIATION AND
   38  LESS AMORTIZATION, OF ANY ACTIVE OR INACTIVE  EXISTING  PUBLIC  LIGHTING
   39  EQUIPMENT OWNED BY THE ELECTRIC CORPORATION AND INSTALLED IN THE MUNICI-
   40  PALITY  AS  OF THE DATE THE MUNICIPALITY EXERCISES ITS RIGHT OF ACQUISI-
   41  TION PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, NET OF  ANY  SALVAGE
   42  VALUE.  UPON SUCH PAYMENT, THE MUNICIPALITY SHALL HAVE THE RIGHT TO USE,
   43  ALTER,  REMOVE,  OR  REPLACE SUCH ACQUIRED LIGHTING EQUIPMENT IN ANY WAY
   44  THE MUNICIPALITY DEEMS APPROPRIATE. ANY CONTRACT A  MUNICIPALITY  ENTERS
   45  FOR  SUCH  SERVICES  MUST REQUIRE APPROPRIATE LEVELS OF TRAINING CERTIF-
   46  ICATION OF PERSONNEL PROVIDING POLE SERVICE FOR PUBLIC AND WORKER  SAFE-
   47  TY,  EVIDENCE  OF  TWENTY-FOUR HOUR CALL CAPACITY AND A COMMITTED TIMELY
   48  RESPONSE SCHEDULE FOR BOTH EMERGENCY AND ROUTINE  OUTAGES.  THE  MUNICI-
   49  PALITY MAY ALSO REQUEST THAT THE ELECTRIC CORPORATION REMOVE ANY PART OF
   50  SUCH  LIGHTING  EQUIPMENT  THAT  IT  DOES  NOT ACQUIRE FROM THE ELECTRIC
   51  CORPORATION IN WHICH CASE THE MUNICIPALITY SHALL REIMBURSE THE  ELECTRIC
   52  CORPORATION  THE COST OF REMOVAL BY THE ELECTRIC CORPORATION, ALONG WITH
   53  THE ORIGINAL COST, LESS  DEPRECIATION  AND  LESS  AMORTIZATION,  OF  THE
   54  REMOVED PART, NET OF ANY SALVAGE VALUE.
   55    (C) WHEN A MUNICIPALITY EXERCISES ITS OPTION PURSUANT TO THIS SECTION,
   56  THE  MUNICIPALITY  SHALL  NOTIFY  THE ELECTRIC CORPORATION OF ANY ALTER-
       A. 6912--A                          3
    1  ATIONS TO STREET AND AREA LIGHTING INVENTORY WITHIN SIXTY  DAYS  OF  THE
    2  ALTERATION. THE ELECTRIC CORPORATION SHALL THEN ADJUST ITS MONTHLY BILL-
    3  ING DETERMINATIONS TO REFLECT THE ALTERATION WITHIN SIXTY DAYS.
    4    (D) WHEN A MUNICIPALITY EXERCISES ITS OPTION PURSUANT TO PARAGRAPH (A)
    5  OF THIS SUBDIVISION, ANYONE OTHER THAN THE ELECTRIC CORPORATION CONTROL-
    6  LING  THE  RIGHT  TO USE SPACE ON ANY POLE, LAMP POST, OR OTHER MOUNTING
    7  SURFACE PREVIOUSLY USED BY THE ELECTRIC CORPORATION IN SUCH MUNICIPALITY
    8  SHALL ALLOW THE MUNICIPALITY TO ASSUME THE RIGHTS AND OBLIGATIONS OF THE
    9  ELECTRIC CORPORATION WITH RESPECT TO SUCH SPACE FOR THE  UNEXPIRED  TERM
   10  OF  ANY  LEASE,  EASEMENT,  OR  OTHER AGREEMENT UNDER WHICH THE ELECTRIC
   11  CORPORATION USED SUCH SPACE; PROVIDED, HOWEVER, THAT:
   12    (1) THE MUNICIPALITY IS SUBJECT TO THE SAME TERMS AND CONDITIONS  THAT
   13  POLE OWNERS MAKE TO OTHERS THAT ATTACH TO THE POLES; AND
   14    (2)  IN  THE  ASSUMPTION OF THE RIGHTS AND OBLIGATIONS OF THE ELECTRIC
   15  CORPORATION BY SUCH A MUNICIPALITY, SUCH MUNICIPALITY SHALL IN NO WAY OR
   16  FORM RESTRICT, IMPEDE, OR PROHIBIT UNIVERSAL ACCESS FOR THE PROVISION OF
   17  ELECTRIC AND OTHER SERVICES.
   18    (E) ANY DISPUTE REGARDING THE TERMS OF  THE  ALTERNATIVE  TARIFF,  THE
   19  COMPENSATION  TO  BE  PAID THE ELECTRIC CORPORATION, OR ANY OTHER MATTER
   20  ARISING IN CONNECTION WITH THE EXERCISE OF THE OPTION PROVIDED IN  PARA-
   21  GRAPH  (A) OF THIS SUBDIVISION, INCLUDING, BUT NOT LIMITED TO, THE TERMS
   22  ON WHICH SPACE IS TO BE PROVIDED TO THE MUNICIPALITY IN ACCORDANCE  WITH
   23  PARAGRAPH  (C)  OF THIS SUBDIVISION, SHALL BE RESOLVED BY THE COMMISSION
   24  WITHIN NINETY DAYS OF ANY REQUEST FOR SUCH  RESOLUTION  BY  THE  MUNICI-
   25  PALITY OR ANY PERSON INVOLVED IN SUCH DISPUTE.
   26    S  3.  This  act shall take effect on the thirtieth day after it shall
   27  have become a law.