N.Y. Pub. Serv. Law § 70-A

Current through 2024 NY Law Chapters 1-49, 52, and 61-117

Section 70-A - Street lights

1. Any municipality or other government entity proposing to acquire title to and transfer ownership of the complete system of street light luminaires or fixtures, all supporting infrastructure, and associated electric circuitry may file an application with the commission to determine if there is 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.

2. The municipality shall file an application with the commission identifying or providing:

(a) an inventory form with pole numbers, location, light size, light type and other relevant descriptive information; upon request an electric corporation shall provide such information required based on the actual cost, if any, to prepare the same;

(b) a statement explaining the need for the change in ownership including the anticipated financial impacts to the municipality;

(c) a statement explaining the municipality's plans to retrofit the fixtures to be acquired with energy efficient lighting; and

(d) such other information as the applicant may consider relevant or as the commission may require.

3. Any such application filed with the commission shall be accompanied by proof of service, and shall be served on the owner or owners of the street light equipment and supporting infrastructure which are subject to such proceeding. The applicant shall serve a copy of such application on such other persons or entities as the chair may deem appropriate. The applicant, the commission and those served shall constitute the parties to a proceeding pursuant to this section.

4. The commission 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, including light emitting diodes, supporting infrastructure, any required street lighting attachment provisions, and the rates and charges related to the foregoing.

5. The commission shall require that any agreement between the municipality and the owner of the street lighting system provide that any personnel that work on such street lighting system will be electrically qualified to accommodate the environment within which the street light equipment shall exist and/or be in compliance with established standards associated with work in close proximity to electrical equipment and further provide that any required make-ready work must be performed by the utility or qualified contractor.

6. The commission shall work with the New York state energy research and development authority to identify energy efficiency or of the funding which would be available for municipalities for the purposes of the section.

N.Y. Pub. Serv. Law § 70-A

Added by New York Laws 2015, ch. 495,Sec. 1, eff. 3/19/2016.