N.Y. Public Service Law § 70-a: Street lights

§ 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.