N.Y. Public Service Law § 74-b: Long Island community choice aggregation programs

§ 74-b. Long Island community choice aggregation programs. 1. For the

purposes of this section:

(a) a "Long Island community choice aggregation program" or "CCA"

means a program serving the interests of its residents and appropriately

protecting consumer data, in which an eligible municipality either alone

or jointly, after a public hearing held following public notice,

exercises its municipal home rule law authority by enacting a local law

giving itself the requisite legal authority to enter into

competitively-procured contracts with one or more energy service

companies in order to act as an aggregator and broker for the sale of

electric supply, gas supply, or both, to residents of that municipality

wherein all customers, including residential and non-residential, are

eligible to participate in the program and shall have the option to

opt-out of either, individually. CCA programs may aggregate or otherwise

integrate energy efficiency and distributed energy resources into their

programs.

(b) "Eligible municipality" means a city, town, or village within the

service territory of the Long Island power authority.

(c) "Service provider" means the entity under contract with the Long

Island power authority to provide management and operation services

associated with the authority's electric transmission and distribution

system and any subsidiary of such entity that provides such services

under contract.

2. No later than January first two thousand twenty-two, the commission

shall, in consultation with the New York State energy research and

development authority and the Long Island power authority, establish by

order, rules, and regulations a Long Island community choice aggregation

program that includes the following:

(a) the extent to which eligible municipalities may collaborate in the

operation of joint CCA programs and any geographic or service area

limitations that may exist;

(b) the ability of eligible municipalities to seek the assistance of a

non-profit, to work with a consultant, or to otherwise designate a

third-party as an administrator of a CCA program;

(c) the development of a data security agreement to be adopted by

participating eligible municipalities, energy service companies, the

Long Island power authority, and Long Island power authority service

providers;

(d) an enrollment process for eligible customers with opt-out

provisions for those customers who do not wish to participate;

(e) requirements by which participating eligible municipalities will

report on the status of their CCA program to the Long Island power

authority; and

(f) such other issues deemed appropriate by the commission.

3. Annual reports on the status of the Long Island community choice

aggregation program shall be prepared by the Long Island power authority

and shall be submitted to the governor, the temporary president of the

senate, and the speaker of the assembly by March thirty-one of each year

and must cover the previous calendar year. Annual reports will include,

at a minimum: number of customers served; number of customers cancelling

during the year; number of complaints received by CCA administrators;

commodity prices paid; value-added services provided during the year;

and administrative costs collected, if any.