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This entry was published on 2022-04-01
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Long Island community choice aggregation programs
Public Service (PBS) CHAPTER 48, ARTICLE 4
§ 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

(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

(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.