NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6912C
SPONSOR: Fahy (MS) TITLE OF BILL:
An act to amend the public service law, in relation to municipal acqui-
sition of street lights from electric utilities
PURPOSE:
To establish procedures for the transfer of ownership of streetlights
and supporting infrastructure from a public utility to a municipality or
other government entity
SUMMARY OF PROVISIONS:
Section one provides that any municipality or other government entity
proposing to acquire title to and transfer ownership of street lights
and supporting infrastructure may file an application with the Public
Service Commission (PSC) to determine if there is substantial public
interest for the Commission to commence a proceeding to facilitate an
ownership transfer agreement between the owner of the street lights and
the petitioning municipality.
Section two sets out the requirements for a municipality's application
to acquire streetlights including: an inventory form with pole numbers,
location and light type; a statement explaining the need for change in
ownership including anticipated financial impacts to the municipality
and the municipality's plans to retrofit the fixtures with energy effi-
cient lighting.
Section three requires that the application must be filed with the PSC
and served on the owner of the street light equipment and supporting
infrastructure and any other persons or entities as the PSC Chair deems
appropriate.
Section four provides that the PSC shall require any utility named as a
party to a proceeding pursuant to this section to have an effective
tariff which establishes the process to facilitate the transfer of
ownership of street light equipment, supporting infrastructure, any
required street lighting attachment provisions and the rates and charges
related to thereto.
Section five directs the Commission to require that any agreement
between the municipality and the owner of the street lighting system
must provide that personnel working on street lighting systems are qual-
ified in compliance with established standards associated with work in
close proximity to electrical equipment and any required make-ready work
must be performed by the utility or qualified contractor.
Section six provides that the PSC shall work with the New York State
Energy research and Development Authority (NYSERDA) to identify energy
efficiency or funding which would be available for municipalities for
the purposes of this section.
JUSTIFICATION:
This bill would provide clear guidelines for a municipality interested
in purchasing its streetlights from the utility that owns them. Under
current law, municipalities can already purchase streetlights with PSC
approval of the transaction based on a tariff that facilitates the
change in title and ownership. However, it has been difficult for some
municipalities wishing to purchase their streetlights to enter into
negotiations with the local utility.
This legislation would facilitate this process by requiring that all
investor-owned utilities have the appropriate tariff in place to effec-
tuate the purchase of street lights by a municipality, and also by
establishing specific steps to make it easier for a municipality to
submit an application to the PSC and initiate a proceeding for PSC
review and approval of the sale of street lights by an investor-owned
utility. The bill also directs the PSC to work with NYSERDA to identify
energy efficiencies or funding which would be available for munici-
palities trying to save money over time by purchasing their street
lights and supporting infrastructure.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the one hundred and twentieth day after it
shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
6912--C
Cal. No. 434
2015-2016 Regular Sessions
IN ASSEMBLY
April 10, 2015
___________
Introduced by M. of A. FAHY, BRENNAN, SEAWRIGHT, ABINANTI, OTIS, STECK,
BRINDISI, STIRPE, SKOUFIS, COLTON, GALEF, KAVANAGH -- read once and
referred to the Committee on Corporations, Authorities and Commissions
-- reported and referred to the Committee on Ways and Means -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee -- reported from committee, advanced to a
third reading, amended and ordered reprinted, retaining its place on
the order of third reading -- again amended on third reading, ordered
reprinted, retaining its place on the order of third reading
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 § 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;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08112-09-5
A. 6912--C 2
1 (c) a statement explaining the municipality's plans to retrofit the
2 fixtures to be acquired with energy efficient lighting; and
3 (d) such other information as the applicant may consider relevant or
4 as the commission may require.
5 3. Any such application filed with the commission shall be accompanied
6 by proof of service, and shall be served on the owner or owners of the
7 street light equipment and supporting infrastructure which are subject
8 to such proceeding. The applicant shall serve a copy of such application
9 on such other persons or entities as the chair may deem appropriate. The
10 applicant, the commission and those served shall constitute the parties
11 to a proceeding pursuant to this section.
12 4. The commission shall require any utility named as a party to a
13 proceeding pursuant to this section to have an effective tariff which
14 establishes the process to facilitate the transfer of ownership of
15 street light equipment, including light emitting diodes, supporting
16 infrastructure, any required street lighting attachment provisions, and
17 the rates and charges related to the foregoing.
18 5. The commission shall require that any agreement between the munici-
19 pality and the owner of the street lighting system provide that any
20 personnel that work on such street lighting system will be electrically
21 qualified to accommodate the environment within which the street light
22 equipment shall exist and/or be in compliance with established standards
23 associated with work in close proximity to electrical equipment and
24 further provide that any required make-ready work must be performed by
25 the utility or qualified contractor.
26 6. The commission shall work with the New York state energy research
27 and development authority to identify energy efficiency or of the fund-
28 ing which would be available for municipalities for the purposes of the
29 section.
30 § 2. This act shall take effect on the one hundred twentieth day after
31 it shall have become a law.
