S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6890
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 13, 2021
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Energy
 
 AN  ACT  to amend the public service law and the public authorities law,
   in relation to authorizing the formation of  Community  Choice  Aggre-
   gation programs in the Long Island Power Authority service territory

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and  intent.  The  legislature  hereby
 finds and determines that achievement of the State's emissions reduction
 targets  and  climate  goals plays a key role in the continuing vitality
 and well-being of all New Yorkers,  and  that  decisions  made  by  Long
 Islanders  regarding  their  energy  usage have the potential to signif-
 icantly impact the ability of the State to achieve  its  climate  goals.
 The legislature further finds and determines that well-designed Communi-
 ty  Choice Aggregation (CCA) programs in the Long Island Power Authority
 service territory can educate, encourage, and empower Long Islanders  to
 take  control  of  their  energy future through engagement with opportu-
 nities presented by Reforming the Energy Vision  and  the  Clean  Energy
 Fund,  as  well  as  new  Distributed  Energy  Resource and clean energy
 programs. As such, Long Island CCA programs should be developed and made
 available to Long Islanders throughout the service territory of the Long
 Island Power Authority.
   § 2. The public service law is amended by adding a new section 74-b to
 read as follows:
   § 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,  EXER-
 CISES  ITS  MUNICIPAL  HOME  RULE  LAW AUTHORITY BY ENACTING A LOCAL LAW
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09471-04-1

 A. 6890                             2
 
 GIVING ITSELF THE REQUISITE LEGAL AUTHORITY TO ENTER  INTO  COMPETITIVE-
 LY-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 CUSTOM-
 ERS, INCLUDING RESIDENTIAL AND NON-RESIDENTIAL, ARE ELIGIBLE TO  PARTIC-
 IPATE  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 LIMI-
 TATIONS 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.
   § 3. Subdivision 1 of section 1020-s of the public authorities law, as
 amended by chapter 415 of the laws  of  2017,  is  amended  to  read  as
 follows:
   1.  The  rates,  services  and  practices  relating to the electricity
 generated by facilities owned or operated by the authority shall not  be
 subject to the provisions of the public service law or to regulation by,
 or  the  jurisdiction  of,  the public service commission, except to the
 extent (a) article seven of the public service law applies to the siting
 and operation of a major utility transmission facility as defined there-
 in, (b) article ten of such law applies to the siting  of  a  generating
 facility as defined therein, (c) section eighteen-a of such law provides

 A. 6890                             3
 
 for  assessment  for  certain  costs, property or operations, (d) to the
 extent that the department of public service reviews and makes recommen-
 dations with respect to the operations and provision of services of, and
 rates  and  budgets  established  by,  the authority pursuant to section
 three-b of such law, [and] (e) that section seventy-four of  the  public
 service  law  applies  to  qualified  energy  storage systems within the
 authority's jurisdiction, AND (F) THAT  SECTION  SEVENTY-FOUR-B  OF  THE
 PUBLIC  SERVICE  LAW APPLIES TO LONG ISLAND COMMUNITY CHOICE AGGREGATION
 PROGRAMS.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.