S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5205--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      May 7, 2015
                                      ___________
       Introduced by Sens. GRIFFO, AMEDORE, HOYLMAN, LATIMER, PANEPINTO, SERRA-
         NO -- read twice and ordered printed, and when printed to be committed
         to  the  Committee  on  Energy  and  Telecommunications  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN ACT to amend the public service law, in relation to municipal  acqui-
         sition of street lights from electric utilities
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The public service law is amended by adding a  new  section
    2  70-a to read as follows:
    3    S  70-A. STREET LIGHTS. 1. ANY MUNICIPALITY OR OTHER GOVERNMENT ENTITY
    4  PROPOSING TO ACQUIRE TITLE TO AND TRANSFER  OWNERSHIP  OF  THE  COMPLETE
    5  SYSTEM  OF  STREET  LIGHT LUMINAIRES OR FIXTURES, ALL SUPPORTING INFRAS-
    6  TRUCTURE, AND ASSOCIATED ELECTRIC CIRCUITRY MAY FILE AN APPLICATION WITH
    7  THE COMMISSION TO DETERMINE IF THERE IS SUBSTANTIAL PUBLIC INTEREST  FOR
    8  THE  COMMISSION  TO  COMMENCE  A  PROCEEDING  TO FACILITATE AN OWNERSHIP
    9  TRANSFER AGREEMENT BETWEEN THE OWNER OF THE STREET LIGHTS AND THE  PETI-
   10  TIONING MUNICIPALITY.
   11    2.  THE  MUNICIPALITY  SHALL  FILE  AN APPLICATION WITH THE COMMISSION
   12  IDENTIFYING OR PROVIDING:
   13    (A) AN INVENTORY FORM WITH POLE NUMBERS, LOCATION, LIGHT  SIZE,  LIGHT
   14  TYPE AND OTHER RELEVANT DESCRIPTIVE INFORMATION;
   15    (B)  A  STATEMENT  EXPLAINING  THE  NEED  FOR  THE CHANGE IN OWNERSHIP
   16  INCLUDING THE FINANCIAL IMPACTS TO THE MUNICIPALITY;
   17    (C) A STATEMENT EXPLAINING THE MUNICIPALITY'S PLANS  TO  RETROFIT  THE
   18  FIXTURES TO BE ACQUIRED WITH ENERGY EFFICIENT LIGHTING; AND
   19    (D)  SUCH  OTHER INFORMATION AS THE APPLICANT MAY CONSIDER RELEVANT OR
   20  AS THE COMMISSION MAY REQUIRE.
   21    3. ANY SUCH APPLICATION FILED WITH THE COMMISSION SHALL BE ACCOMPANIED
   22  BY PROOF OF SERVICE, AND SHALL BE SERVED ON THE OWNER OR OWNERS  OF  THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08112-04-5
       S. 5205--A                          2
    1  STREET  LIGHT  EQUIPMENT AND SUPPORTING INFRASTRUCTURE WHICH ARE SUBJECT
    2  TO SUCH PROCEEDING. THE APPLICANT SHALL SERVE A COPY OF SUCH APPLICATION
    3  ON SUCH OTHER PERSONS OR ENTITIES AS THE CHAIR MAY DEEM APPROPRIATE. THE
    4  APPLICANT,  THE COMMISSION AND THOSE SERVED SHALL CONSTITUTE THE PARTIES
    5  TO A PROCEEDING PURSUANT TO THIS SECTION.
    6    4. THE COMMISSION SHALL REQUIRE ANY UTILITY NAMED  AS  A  PARTY  TO  A
    7  PROCEEDING  PURSUANT  TO  THIS SECTION TO HAVE AN EFFECTIVE TARIFF WHICH
    8  ESTABLISHES THE PROCESS TO  FACILITATE  THE  TRANSFER  OF  OWNERSHIP  OF
    9  STREET  LIGHT  EQUIPMENT, SUPPORTING INFRASTRUCTURE, ANY REQUIRED STREET
   10  LIGHTING ATTACHMENT PROVISIONS, AND THE RATES AND CHARGES RELATED TO THE
   11  FOREGOING.
   12    5. THE COMMISSION SHALL REQUIRE THAT ANY AGREEMENT BETWEEN THE MUNICI-
   13  PALITY AND THE OWNER OF THE STREET  LIGHTING  SYSTEM  PROVIDE  THAT  ANY
   14  PERSONNEL  THAT WORK ON SUCH STREET LIGHTING SYSTEM WILL BE ELECTRICALLY
   15  QUALIFIED TO ACCOMMODATE THE ENVIRONMENT WITHIN WHICH THE  STREET  LIGHT
   16  EQUIPMENT SHALL EXIST AND/OR BE IN COMPLIANCE WITH ESTABLISHED STANDARDS
   17  ASSOCIATED  WITH  WORK  IN  CLOSE  PROXIMITY TO ELECTRICAL EQUIPMENT AND
   18  FURTHER PROVIDE THAT ANY REQUIRED MAKE-READY WORK MUST BE  PERFORMED  BY
   19  THE UTILITY OR QUALIFIED CONTRACTOR.
   20    6.  THE  COMMISSION SHALL WORK WITH THE NEW YORK STATE ENERGY RESEARCH
   21  AND DEVELOPMENT AUTHORITY TO IDENTIFY ENERGY EFFICIENCY OR OF THE  FUND-
   22  ING  WHICH WOULD BE AVAILABLE FOR MUNICIPALITIES FOR THE PURPOSES OF THE
   23  SECTION.
   24    S 2. This act shall take effect on the on hundred twentieth day  after
   25  it shall have become a law.