Bill Text: NY S05205 | 2015-2016 | General Assembly | Amended

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Bill Title: Relates to municipal acquisition of street lights from electric utilities.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Passed) 2015-11-20 - SIGNED CHAP.495 [S05205 Detail]

Download: New_York-2015-S05205-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5205--B
                              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  --  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 PUBLIC INTEREST FOR THE COMMIS-
    8  SION TO COMMENCE A PROCEEDING TO FACILITATE AN OWNERSHIP TRANSFER AGREE-
    9  MENT BETWEEN THE OWNER OF THE STREET LIGHTS AND THE PETITIONING  MUNICI-
   10  PALITY.
   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; UPON REQUEST AN ELEC-
   15  TRIC CORPORATION SHALL PROVIDE SUCH INFORMATION REQUIRED  BASED  ON  THE
   16  ACTUAL COST, IF ANY, TO PREPARE THE SAME;
   17    (B)  A  STATEMENT  EXPLAINING  THE  NEED  FOR  THE CHANGE IN OWNERSHIP
   18  INCLUDING THE ANTICIPATED FINANCIAL IMPACTS TO THE MUNICIPALITY;
   19    (C) A STATEMENT EXPLAINING THE MUNICIPALITY'S PLANS  TO  RETROFIT  THE
   20  FIXTURES TO BE ACQUIRED WITH ENERGY EFFICIENT LIGHTING; AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08112-08-5
       S. 5205--B                          2
    1    (D)  SUCH  OTHER INFORMATION AS THE APPLICANT MAY CONSIDER RELEVANT OR
    2  AS THE COMMISSION MAY REQUIRE.
    3    3. ANY SUCH APPLICATION FILED WITH THE COMMISSION SHALL BE ACCOMPANIED
    4  BY  PROOF  OF SERVICE, AND SHALL BE SERVED ON THE OWNER OR OWNERS OF THE
    5  STREET LIGHT EQUIPMENT AND SUPPORTING INFRASTRUCTURE WHICH  ARE  SUBJECT
    6  TO SUCH PROCEEDING. THE APPLICANT SHALL SERVE A COPY OF SUCH APPLICATION
    7  ON SUCH OTHER PERSONS OR ENTITIES AS THE CHAIR MAY DEEM APPROPRIATE. THE
    8  APPLICANT,  THE COMMISSION AND THOSE SERVED SHALL CONSTITUTE THE PARTIES
    9  TO A PROCEEDING PURSUANT TO THIS SECTION.
   10    4. THE COMMISSION SHALL REQUIRE ANY UTILITY NAMED  AS  A  PARTY  TO  A
   11  PROCEEDING  PURSUANT  TO  THIS SECTION TO HAVE AN EFFECTIVE TARIFF WHICH
   12  ESTABLISHES THE PROCESS TO  FACILITATE  THE  TRANSFER  OF  OWNERSHIP  OF
   13  STREET  LIGHT  EQUIPMENT,  INCLUDING  LIGHT  EMITTING DIODES, SUPPORTING
   14  INFRASTRUCTURE, ANY REQUIRED STREET LIGHTING ATTACHMENT PROVISIONS,  AND
   15  THE RATES AND CHARGES RELATED TO THE FOREGOING.
   16    5. THE COMMISSION SHALL REQUIRE THAT ANY AGREEMENT BETWEEN THE MUNICI-
   17  PALITY  AND  THE  OWNER  OF  THE STREET LIGHTING SYSTEM PROVIDE THAT ANY
   18  PERSONNEL THAT WORK ON SUCH STREET LIGHTING SYSTEM WILL BE  ELECTRICALLY
   19  QUALIFIED  TO  ACCOMMODATE THE ENVIRONMENT WITHIN WHICH THE STREET LIGHT
   20  EQUIPMENT SHALL EXIST AND/OR BE IN COMPLIANCE WITH ESTABLISHED STANDARDS
   21  ASSOCIATED WITH WORK IN CLOSE  PROXIMITY  TO  ELECTRICAL  EQUIPMENT  AND
   22  FURTHER  PROVIDE  THAT ANY REQUIRED MAKE-READY WORK MUST BE PERFORMED BY
   23  THE UTILITY OR QUALIFIED CONTRACTOR.
   24    6. THE COMMISSION SHALL WORK WITH THE NEW YORK STATE  ENERGY  RESEARCH
   25  AND  DEVELOPMENT AUTHORITY TO IDENTIFY ENERGY EFFICIENCY OR OF THE FUND-
   26  ING WHICH WOULD BE AVAILABLE FOR MUNICIPALITIES FOR THE PURPOSES OF  THE
   27  SECTION.
   28    S 2. This act shall take effect on the one hundred twentieth day after
   29  it shall have become a law.