N.Y. PBS Law § 74-B — New York Code / Act PBS / Article 4 / Section 74-B
Long Island community choice aggregation programs
Status: in_force

§ 74-b. Long Island community choice aggregation programs. 1. For the\npurposes of this section:\n  (a) a "Long Island community choice aggregation program" or "CCA"\nmeans a program serving the interests of its residents and appropriately\nprotecting consumer data, in which an eligible municipality either alone\nor jointly, after a public hearing held following public notice,\nexercises its municipal home rule law authority by enacting a local law\ngiving itself the requisite legal authority to enter into\ncompetitively-procured contracts with one or more energy service\ncompanies in order to act as an aggregator and broker for the sale of\nelectric supply, gas supply, or both, to residents of that municipality\nwherein all customers, including residential and non-residential, are\neligible to participate in the program and shall have the option to\nopt-out of either, individually. CCA programs may aggregate or otherwise\nintegrate energy efficiency and distributed energy resources into their\nprograms.\n  (b) "Eligible municipality" means a city, town, or village within the\nservice territory of the Long Island power authority.\n  (c) "Service provider" means the entity under contract with the Long\nIsland power authority to provide management and operation services\nassociated with the authority's electric transmission and distribution\nsystem and any subsidiary of such entity that provides such services\nunder contract.\n  2. No later than January first two thousand twenty-two, the commission\nshall, in consultation with the New York State energy research and\ndevelopment authority and the Long Island power authority, establish by\norder, rules, and regulations a Long Island community choice aggregation\nprogram that includes the following:\n  (a) the extent to which eligible municipalities may collaborate in the\noperation of joint CCA programs and any geographic or service area\nlimitations that may exist;\n  (b) the ability of eligible municipalities to seek the assistance of a\nnon-profit, to work with a consultant, or to otherwise designate a\nthird-party as an administrator of a CCA program;\n  (c) the development of a data security agreement to be adopted by\nparticipating eligible municipalities, energy service companies, the\nLong Island power authority, and Long Island power authority service\nproviders;\n  (d) an enrollment process for eligible customers with opt-out\nprovisions for those customers who do not wish to participate;\n  (e) requirements by which participating eligible municipalities will\nreport on the status of their CCA program to the Long Island power\nauthority; and\n  (f) such other issues deemed appropriate by the commission.\n  3. Annual reports on the status of the Long Island community choice\naggregation program shall be prepared by the Long Island power authority\nand shall be submitted to the governor, the temporary president of the\nsenate, and the speaker of the assembly by March thirty-one of each year\nand must cover the previous calendar year. Annual reports will include,\nat a minimum: number of customers served; number of customers cancelling\nduring the year; number of complaints received by CCA administrators;\ncommodity prices paid; value-added services provided during the year;\nand administrative costs collected, if any.\n