Relates to municipal acquisition of street lights from electric utilities

5 Co-sponsors

• George Amedore
• Brad Hoylman-Sigal
• George Latimer
• Marc Panepinto
• José M. Serrano

BILL NUMBER:S5205B Revised 06/17/15

Title of bill

An act to amend the public service law, in relation to municipal acquisition 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 a 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, which, upon request an electric corporation shall provide such information required based on the actual cost, if any, to prepare such information; 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 efficient 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 electric corporation 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 qualified 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 electric corporation 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 electric corporation.

This legislation would facilitate this process by requiring that all investor--owned utilities have the appropriate tariff in place to effectuate 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 municipalities 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.