N.Y. Public Service Law § 74-B – Long Island community choice aggregation programs

1. For the purposes of this section:
1. (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.
2. (b) "Eligible municipality" means a city, town, or village within the service territory of the Long Island power authority.
3. (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:
1. (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;
2. (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;
3. (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;
4. (d) an enrollment process for eligible customers with opt-out provisions for those customers who do not wish to participate;
5. (e) requirements by which participating eligible municipalities will report on the status of their CCA program to the Long Island power authority; and
6. (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.