A06912 Summary:
BILL NO | A06912C |
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SAME AS | SAME AS S05205-B |
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SPONSOR | Fahy |
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COSPNSR | Brennan, Seawright, Abinanti, Otis, Steck, Brindisi, Stirpe, Skoufis, Colton, Galef, Kavanagh, Rosenthal, McDonald, Lopez, Ortiz |
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MLTSPNSR | |
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Add S70-a, Pub Serv L | |
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Relates to municipal acquisition of street lights from electric utilities. |
A06912 Memo:
Go to topNEW 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.
A06912 Text:
Go to top 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. LBD08112-09-5A. 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.