A06890 Summary:
BILL NO | A06890 |
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SAME AS | SAME AS S06189 |
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SPONSOR | Thiele |
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COSPNSR | Barron, Griffin |
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MLTSPNSR | |
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Add §74-b, Pub Serv L; amd §1020-s, Pub Auth L | |
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Authorizes the formation of Community Choice Aggregation programs in the Long Island Power Authority service territory. |
A06890 Actions:
BILL NO | A06890 | |||||||||||||||||||||||||||||||||||||||||||||||||
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04/13/2021 | referred to energy | |||||||||||||||||||||||||||||||||||||||||||||||||
05/25/2021 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
06/02/2021 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
06/02/2021 | rules report cal.358 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/02/2021 | ordered to third reading rules cal.358 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/03/2021 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/03/2021 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/03/2021 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
06/07/2021 | SUBSTITUTED FOR S6189 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/07/2021 | 3RD READING CAL.933 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/07/2021 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/07/2021 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
12/09/2021 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
12/21/2021 | signed chap.681 |
A06890 Committee Votes:
Cusick | Aye | Palmesano | Aye | ||||||
Englebright | Aye | Blankenbush | Aye | ||||||
Santabarbara | Aye | Smith | Aye | ||||||
Barron | Aye | Walczyk | Aye | ||||||
Dilan | Aye | ||||||||
Hunter | Aye | ||||||||
Stern | Aye | ||||||||
Carroll | Aye | ||||||||
Anderson | Aye | ||||||||
Rivera | Aye | ||||||||
Mamdani | Aye | ||||||||
Conrad | Aye | ||||||||
Heastie | Aye | Barclay | Aye | ||||||
Gottfried | Aye | Hawley | Aye | ||||||
Nolan | Excused | Giglio | Aye | ||||||
Weinstein | Aye | Blankenbush | Aye | ||||||
Pretlow | Aye | Norris | Aye | ||||||
Cook | Aye | Montesano | Aye | ||||||
Glick | Aye | Ra | Aye | ||||||
Aubry | Aye | Brabenec | Aye | ||||||
Englebright | Aye | ||||||||
Dinowitz | Aye | ||||||||
Colton | Aye | ||||||||
Magnarelli | Aye | ||||||||
Perry | Aye | ||||||||
Paulin | Aye | ||||||||
Peoples-Stokes | Aye | ||||||||
Benedetto | Aye | ||||||||
Lavine | Aye | ||||||||
Lupardo | Aye | ||||||||
Zebrowski | Aye | ||||||||
Thiele | Aye | ||||||||
Braunstein | Aye | ||||||||
Dickens | Aye | ||||||||
Davila | Aye | ||||||||
Go to top
A06890 Floor Votes:
Yes
Abbate
Yes
Clark
Yes
Frontus
Yes
Lalor
Yes
Paulin
Yes
Sillitti
Yes
Abinanti
Yes
Colton
Yes
Galef
Yes
Lavine
Yes
Peoples-Stokes
Yes
Simon
Yes
Anderson
Yes
Conrad
Yes
Gallagher
Yes
Lawler
Yes
Perry
Yes
Simpson
Yes
Angelino
Yes
Cook
Yes
Gallahan
Yes
Lemondes
Yes
Pheffer Amato
Yes
Smith
Yes
Ashby
Yes
Cruz
Yes
Gandolfo
Yes
Lunsford
Yes
Pichardo
Yes
Smullen
Yes
Aubry
Yes
Cusick
Yes
Giglio JA
Yes
Lupardo
Yes
Pretlow
Yes
Solages
Yes
Barclay
Yes
Cymbrowitz
Yes
Giglio JM
Yes
Magnarelli
Yes
Quart
Yes
Steck
Yes
Barnwell
Yes
Darling
Yes
Glick
Yes
Mamdani
Yes
Ra
Yes
Stern
Yes
Barrett
Yes
Davila
Yes
Gonzalez-Rojas
Yes
Manktelow
Yes
Rajkumar
Yes
Stirpe
Yes
Barron
Yes
De La Rosa
Yes
Goodell
Yes
McDonald
Yes
Ramos
Yes
Tague
Yes
Benedetto
Yes
DeStefano
Yes
Gottfried
Yes
McDonough
Yes
Reilly
Yes
Tannousis
Yes
Bichotte Hermel
Yes
Dickens
Yes
Griffin
Yes
McMahon
Yes
Reyes
Yes
Taylor
Yes
Blankenbush
Yes
Dilan
Yes
Gunther
Yes
Meeks
Yes
Richardson
Yes
Thiele
Yes
Brabenec
Yes
Dinowitz
Yes
Hawley
Yes
Mikulin
Yes
Rivera J
Yes
Vanel
Yes
Braunstein
Yes
DiPietro
Yes
Hevesi
Yes
Miller B
Yes
Rivera JD
Yes
Walczyk
Yes
Bronson
Yes
Durso
Yes
Hunter
Yes
Miller M
Yes
Rodriguez
Yes
Walker
Yes
Brown
Yes
Eichenstein
Yes
Hyndman
Yes
Mitaynes
Yes
Rosenthal D
Yes
Wallace
Yes
Burdick
Yes
Englebright
Yes
Jackson
Yes
Montesano
Yes
Rosenthal L
Yes
Walsh
Yes
Burgos
Yes
Epstein
Yes
Jacobson
Yes
Morinello
Yes
Rozic
Yes
Weinstein
Yes
Burke
Yes
Fahy
Yes
Jean-Pierre
Yes
Niou
Yes
Salka
Yes
Weprin
Yes
Buttenschon
Yes
Fall
Yes
Jensen
ER
Nolan
Yes
Santabarbara
Yes
Williams
Yes
Byrne
Yes
Fernandez
Yes
Jones
Yes
Norris
Yes
Sayegh
Yes
Woerner
Yes
Byrnes
Yes
Fitzpatrick
Yes
Joyner
Yes
O'Donnell
Yes
Schmitt
Yes
Zebrowski
Yes
Cahill
ER
Forrest
Yes
Kelles
Yes
Otis
Yes
Seawright
Yes
Zinerman
Yes
Carroll
Yes
Friend
Yes
Kim
Yes
Palmesano
Yes
Septimo
Yes
Mr. Speaker
‡ Indicates voting via videoconference
A06890 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A6890 REVISED 04/14/2021 SPONSOR: Thiele
  TITLE OF BILL: An act to amend the public service law and the public authorities law, in relation to authorizing the formation of Community Choice Aggregation programs in the Long Island Power Authority service territory   PURPOSE OR GENERAL IDEA OF BILL: The goal of this legislation is to facilitate the development of Commu- nity Choice Aggregation programs on Long Island.   SUMMARY OF PROVISIONS: Section one of the bill outlines legislative findings and intent. Section two of the bill amends the Public Service Law by adding a new § 74-b to authorize the formation of Community Choice Aggregation programs on Long Island. The bill establishes definitions and reporting require- ments for such programs, sets a date by which these programs must be established by the Public Service Commission, and specifies components to be included by the Public Service Commission in the formation of such programs. Section three of the bill amends § 1020-s of the Public Authorities Law to clarify that the new Community Choice Aggregation program authori- zation applies to the Long Island Power Authority. Section four of the bill sets the effective date.   JUSTIFICATION: Community Choice Aggregation (CCA) programs are important to our energy sector since they empower local communities to have a say in their source of energy and their energy mix. CCA's do this by allowing local municipalities and their residents to pool their resources together to purchase electricity from an alternative provider, allowing for easier access to green - and often cheaper - energy options. As of March 1, 2020, more than 60 New York State municipalities and more than 200,000 customers are actively participating in a CCA program, of which more than half are powered by 100% New York State renewable electricity supply. However, the initial order by the Public Service Commission authorizing the CCA program did not fully take into account the complexities of LIPA's service territory and rate structure. While the Commission is now in the process of exploring how this program could actually work for Long Islanders, there are still concerns around the current proposal - specifically LIPA's rule changes - which are causing delay and wariness around the process. It is also significant to, note that on Long Island, the Towns of Southampton, Brookhaven, and Hempstead have led the way by passing the local law necessary to authorize a CCA program within their municipalities. These municipalities should be allowed to proceed. 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 decisions made by Long Islanders regarding their energy usage have the potential to significantly impact the ability of the State to achieve its climate goals. Authorizing Community 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. This is why it is important for Long Island CCA. programs for electricity to be finally created, approved, and made available to Long Islanders through- out the service territory of LIPA.   PRIOR LEGISLATIVE HISTORY: None.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: 90 days after enactment.
A06890 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 6890 2021-2022 Regular Sessions IN ASSEMBLY 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: 1 Section 1. Legislative findings and intent. The legislature hereby 2 finds and determines that achievement of the State's emissions reduction 3 targets and climate goals plays a key role in the continuing vitality 4 and well-being of all New Yorkers, and that decisions made by Long 5 Islanders regarding their energy usage have the potential to signif- 6 icantly impact the ability of the State to achieve its climate goals. 7 The legislature further finds and determines that well-designed Communi- 8 ty Choice Aggregation (CCA) programs in the Long Island Power Authority 9 service territory can educate, encourage, and empower Long Islanders to 10 take control of their energy future through engagement with opportu- 11 nities presented by Reforming the Energy Vision and the Clean Energy 12 Fund, as well as new Distributed Energy Resource and clean energy 13 programs. As such, Long Island CCA programs should be developed and made 14 available to Long Islanders throughout the service territory of the Long 15 Island Power Authority. 16 § 2. The public service law is amended by adding a new section 74-b to 17 read as follows: 18 § 74-b. Long Island community choice aggregation programs. 1. For the 19 purposes of this section: 20 (a) a "Long Island community choice aggregation program" or "CCA" 21 means a program serving the interests of its residents and appropriately 22 protecting consumer data, in which an eligible municipality either alone 23 or jointly, after a public hearing held following public notice, exer- 24 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. LBD09471-04-1A. 6890 2 1 giving itself the requisite legal authority to enter into competitive- 2 ly-procured contracts with one or more energy service companies in order 3 to act as an aggregator and broker for the sale of electric supply, gas 4 supply, or both, to residents of that municipality wherein all custom- 5 ers, including residential and non-residential, are eligible to partic- 6 ipate in the program and shall have the option to opt-out of either, 7 individually. CCA programs may aggregate or otherwise integrate energy 8 efficiency and distributed energy resources into their programs. 9 (b) "Eligible municipality" means a city, town, or village within the 10 service territory of the Long Island power authority. 11 (c) "Service provider" means the entity under contract with the Long 12 Island power authority to provide management and operation services 13 associated with the authority's electric transmission and distribution 14 system and any subsidiary of such entity that provides such services 15 under contract. 16 2. No later than January first two thousand twenty-two, the commission 17 shall, in consultation with the New York State energy research and 18 development authority and the Long Island power authority, establish by 19 order, rules, and regulations a Long Island community choice aggregation 20 program that includes the following: 21 (a) the extent to which eligible municipalities may collaborate in the 22 operation of joint CCA programs and any geographic or service area limi- 23 tations that may exist; 24 (b) the ability of eligible municipalities to seek the assistance of a 25 non-profit, to work with a consultant, or to otherwise designate a 26 third-party as an administrator of a CCA program; 27 (c) the development of a data security agreement to be adopted by 28 participating eligible municipalities, energy service companies, the 29 Long Island power authority, and Long Island power authority service 30 providers; 31 (d) an enrollment process for eligible customers with opt-out 32 provisions for those customers who do not wish to participate; 33 (e) requirements by which participating eligible municipalities will 34 report on the status of their CCA program to the Long Island power 35 authority; and 36 (f) such other issues deemed appropriate by the commission. 37 3. Annual reports on the status of the Long Island community choice 38 aggregation program shall be prepared by the Long Island power authority 39 and shall be submitted to the governor, the temporary president of the 40 senate, and the speaker of the assembly by March thirty-one of each year 41 and must cover the previous calendar year. Annual reports will include, 42 at a minimum: number of customers served; number of customers cancelling 43 during the year; number of complaints received by CCA administrators; 44 commodity prices paid; value-added services provided during the year; 45 and administrative costs collected, if any. 46 § 3. Subdivision 1 of section 1020-s of the public authorities law, as 47 amended by chapter 415 of the laws of 2017, is amended to read as 48 follows: 49 1. The rates, services and practices relating to the electricity 50 generated by facilities owned or operated by the authority shall not be 51 subject to the provisions of the public service law or to regulation by, 52 or the jurisdiction of, the public service commission, except to the 53 extent (a) article seven of the public service law applies to the siting 54 and operation of a major utility transmission facility as defined there- 55 in, (b) article ten of such law applies to the siting of a generating 56 facility as defined therein, (c) section eighteen-a of such law providesA. 6890 3 1 for assessment for certain costs, property or operations, (d) to the 2 extent that the department of public service reviews and makes recommen- 3 dations with respect to the operations and provision of services of, and 4 rates and budgets established by, the authority pursuant to section 5 three-b of such law, [and] (e) that section seventy-four of the public 6 service law applies to qualified energy storage systems within the 7 authority's jurisdiction, and (f) that section seventy-four-b of the 8 public service law applies to Long Island community choice aggregation 9 programs. 10 § 4. This act shall take effect on the ninetieth day after it shall 11 have become a law.
A06890 LFIN:
  | NO LFIN |
A06890 Chamber Video/Transcript:
6-3-21 | Video (@ 01:54:45) | Transcript pdf | Transcript html |