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Climate Leadership and Community Protection Act

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Community choice aggregation, a revolution in energy procurement, is making a splash throughout Long Island.

Starting in May, the Town of Brookhaven will launch a CCA program, contracting with Manhattan-based Good Energy LLC for a fixed rate for natural gas consumers over the next two years.

In an interview, Town of Brookhaven Councilmember Jonathan Kornreich (D-Stony Brook) explained how the program would operate. Under the longstanding method of natural gas delivery in the town, National Grid — based in the U.K. and northeastern U.S. — purchases the supply and delivers the gas. CCA alters this dynamic.

“CCA is just a method of purchasing a commodity on a communitywide basis,” he said. Under the program, “all of the customers of National Grid in a certain area are getting together to say, ‘We’re going to jointly purchase fuel cooperatively from a different source.’”

That source, Good Energy, has agreed to supply gas at a fixed price of 69.5 cents per therm. “That locks in the price for all customers” for two years, the councilmember said. 

National Grid, which still operates the delivery systems, will continue to bill customers for those services. The only section of the bill affected by the changes will be for energy supply.

An August report from the U.S. Energy Information Administration states that the natural gas market saw record volatility last year due to demand changes, storms and geopolitical unrest. 

Given the many variables that contribute to fluctuations in gas prices, Kornreich suggested Brookhaven homeowners and businesses would be less beholden to the volatility of the market under CCA. “We’re going to pay just one price for the next two years,” he said. 

The town is also hedging that the market price of natural gas will rise over the next two years. If that happens, CCA will deliver discounted gas to Brookhaven ratepayers throughout the contracted period.

“The expectation that I have, as given to me by the corporate representatives with whom I met, is that there’s going to be a savings to the customers,” Kornreich said. “My hope is that this price is competitive over a two-year period.” 

He added, “Based on the models that they’ve shown me, this price will — over the long term — on average be lower than what they would have paid if they had just rode that market price.”

CCA: An energy revolution

‘A CCA can play a role in helping the residents to have more negotiation power.’ ­

— Gang He

Community choice aggregation first came about in the 1990s as a model of procuring energy whereby a municipality can pool the buying power of its residents to negotiate favorable energy contracts.

Gang He is an assistant professor in the Department of Technology and Society at Stony Brook University, whose research focuses on energy and climate policy. 

The assistant professor regarded the traditional relationship between energy consumers and suppliers as heavily skewed in favor of suppliers, referring to consumer protections under CCA as correcting the power imbalance.

“When utilities deal with residents, residents have no power,” Gang He said. “It’s a monopoly, and it’s heavily regulated by regulators. A CCA can play a role in helping the residents to have more negotiation power.”

Paul Fenn, founder and president of the Massachusetts-based CCA firm Local Power, drafted some of the original enabling legislation for CCA in Massachusetts, California and throughout the U.S. In an interview, he traced the history of CCA.

Fenn said vertically integrated investor-owned utilities have historically operated as monopolies and cartels, given their guaranteed rates of return by state regulators and energy market deregulation. CCA, he said, seeks to rectify this.

“The basic definition is that CCA is a model of energy supply that is neither a monopoly nor a cartel,” he said.

He likened the energy model to Costco. “The reason that large users achieve cheaper services is like going to Costco,” he said. “If you’re buying 200 rolls of toilet paper instead of 20, you pay a lower price.”

CCA applies this framework to the energy supply, giving the small consumer the perks of a bulk purchaser by pooling the buying power of entire communities. 

“It’s a way for small users … to gain the economic buying power enjoyed by the largest corporations,” he said, adding, “The aggregations are designed to deliver the benefits to the user and not to the supplier.”

Two factors, according to Fenn, have contributed to the rise of CCA nationwide. On the one hand, the economic model has been tailored and perfected to benefit individual users over large suppliers. On the other hand, renewable technologies have progressed to the point where they are now competitive with fossil fuels. 

Fenn characterized CCA as a revolution for capitalizing on the convergence of cheap renewable energy and consumer protections for utility power.

‘Community choice aggregation programs can be a great tool for getting community solar built, paid for and delivered to people.’ ­

— Anne Reynolds

Promoting renewables

Anne Reynolds is executive director of Alliance for Clean Energy New York, a group of private companies and nonprofits partnering to expand green energy opportunities throughout New York state. Reynolds indicated that CCA could be interpreted in two ways — as an economic model or as a way to promote green energy.

CCA “can be purely an economics choice,” she said. “You can think of it as a collective buying co-op,” but “most of the examples in New York state are when the community also wants to get a renewable energy product.”

Reynolds stated that CCA is not the main objective of ACE NY as CCA “hasn’t been the primary way that renewable energy products are getting built in New York, which is what we focus on,” she said.

Her organization instead emphasizes the construction of large-scale, grid-connected renewable energy projects through long-term contracts with the New York State Energy Research and Development Authority.

Under the Climate Leadership and Community Protection Act, the state must procure 70% of its energy from renewable sources by 2030 and 100% by 2050. When asked whether CCAs offer a pathway toward a greener future in New York, Reynolds responded that there must be a mix of large-scale and small-scale projects.

“To get there, we’re going to need an unprecedented construction of renewable energy projects — offshore wind, wind, solar, batteries,” she said. “To get that done, these projects need to have a guaranteed market for their power, what they refer to as offtake agreements.”

She added, “Having those offtake agreements with the State of New York is one way to do it. Having the offtake agreements with communities in New York is another.”

One way CCA can promote new development in renewables, Reynolds said, is through community distributed generation, often referred to as community solar. 

“Community choice aggregation programs can be a great tool for getting community solar built, paid for and delivered to people,” she said. “For the state to meet its goals, and for Long Island especially, it’s going to require a little bit of everything.”

The Southampton model

Brookhaven is not the only municipality in Suffolk County implementing CCA. In the neighboring Town of Southampton, local officials are exploring a different posture, with an energy plan geared toward electricity instead of natural gas.

Lynn Arthur is the energy chair of Southampton’s volunteer sustainability committee and the founder of the nonprofit Peak Power Long Island, a consultancy group that services municipalities and their constituents on renewable energy technologies.

Arthur said there are currently two CCA administrators operating on Long Island, Good Energy and Bedford Hills-based Joule Community Power, Southampton’s CCA administrator. She notes that the difference in administrators has placed the two municipalities on separate trajectories.

In Southampton, the Town Board is working toward obtaining electricity from 100% renewable energy sources by 2025. Arthur said that goal is coming into focus.

“It’s only natural that we would try to get a power supply contract for 100% renewables for electricity,” she said.

To meet this task, Arthur suggested CCA would play a pivotal role. She is now advocating for the Southampton Town Board to submit a request for proposal to supply electricity from 100% renewable sources.

Brookhaven vs. Southampton

Weighing Brookhaven’s CCA against Southampton’s, former New York State Assemblyman Steve Englebright (D-Setauket) suggested that Southampton has the upper hand.

“I think Southampton’s model is the better one,” he said. “Electricity is the future. We should be moving away from natural gas.”

But, he added, “to the extent that the Town of Brookhaven can get started with [CCA] is promising. I think the inevitable success of what Southampton is doing will compel their next-door neighbor, Brookhaven,” to follow suit.

Despite Brookhaven’s gas-exclusive CCA, Fenn did not say that gas aggregation was inherently brown and electricity aggregation green. Rather, he said promoting renewables through CCA is a matter of how a program is implemented.

He objected, however, to the limited scope of Brookhaven’s CCA initiative. “This program is defined narrowly as a discount-only program, and I think that’s not a particularly good idea,” he said. “It’s hard to argue against stabilizing people’s rates, but it won’t help the environment if that’s all they’re doing, and it may hurt it.”

Creating competition

‘I like the idea of moving away from monolithic energy sourcing.’ ­

— Steve Englebright

Fenn regarded municipalities as sometimes prone to short-term thinking. While gas aggregation is a step toward unshackling ratepayers from the market’s volatility, he said it is incomplete.

Instead, he advised Brookhaven leaders to explore fuel switching, that is, transitioning residents from natural gas to electricity. The heat pump, for example, constitutes one way in which a home’s heating can be fulfilled by electric power instead of gas.

“Apart from the climate crisis, which says stop burning this stuff, there are so many reasons” to transition off fossil fuels, Fenn said. By fuel switching, “you’re adding electrical load when you do that, but you’re deleting gas demand.”

By creating a separate program for electrical aggregation, Fenn said Brookhaven could correct course, providing gas customers with greener options for heating. 

Asked whether the Brookhaven Town Board could add a second CCA administrator for electricity, he responded affirmatively. “Just deliver both, and you can,” he said.

Arthur emphasized that municipalities can have separate CCA administrators for gas and electricity. She suggested Brookhaven add a second administrator for electricity to further competition.

“Fundamentally, if competition is good, and if you want everybody to go to electricity and get away from gas, then you should have [CCA administrators] compete with each other,” she said.

Local vs. centralized intervention

Fenn noted the decline of municipal power since the Civil War, which he said had rendered local governments impotent compared to their state and federal counterparts. He criticized the tendency of local officials to outsource services to third-party vendors.

“Part of the problem is the dependence on third parties cripples the governments by making them intellectually captive to those service providers,” he said. “We believe municipalities should have skin in the game and should use the power that they have.”

Fenn attributed the climate and garbage crises in the United States to the decline of municipal powers and the failures of centralized government. He encouraged local policymakers to embrace programs like CCA to counteract these downward movements.

“There has to be knowledge, responsibility and therefore control” vested in municipal government, he said. “CCA uses contractors to provide services, but they’re firmly under the control of the municipality.”

While CCA proposes a local solution to a global climate phenomenon, questions remain about the best forms of intervention. 

For Reynolds, tackling the climate crisis requires a centralized intervention from the higher levels of government, with local governments doing their part as well. “We absolutely need both,” the ACE NY executive director said. 

For the state to reach its aggressive emission mandates, “you’re going to need larger power projects, too, like offshore,” she said. “But it shouldn’t be an either or question.”

‘It’s so clear that this is such a great opportunity to move the needle on renewables and, at the same time, lower costs for their constituents.’ ­

— Lynn Arthur

A sustainable future

Gang He viewed the growth in renewable energy, evidenced by over $1 trillion in worldwide investment last year, as a turning point in energy history. 

“Renewables have gained momentum,” the SBU assistant professor said. “The challenge is how do we maintain the momentum to deliver the outcome that we desire?”

Arthur recommends CCA to local officials as a way to do so. “It’s so clear that this is such a great opportunity to move the needle on renewables and, at the same time, lower costs for their constituents,” she said.

Asked whether Brookhaven’s CCA could spur interest in a similar program for electricity, Kornreich expressed optimism that the town’s program would foster better energy stewardship.

“I hope that it does open people’s eyes to the possibility and to get people more comfortable with the concept of being a more conscious consumer of utility power,” he said. “Whether it’s gas or electric, people can understand they can choose and that their choices will have an impact on the environment.”

Though acknowledging some of the drawbacks to the Brookhaven program, Englebright expressed encouragement about moving away from the preexisting procurement structure.

“Great journeys are made a step at a time,” the former assemblyman said. “I like the idea of moving away from monolithic energy sourcing.” He added, “A more distributed power system is to our advantage, ultimately — more competitive, less monolithic and more responsive to the public.”

For more details on the Town of Brookhaven’s Community Choice Aggregation Program, visit the website brookhavencommunityenergy.com. 

According to the website, “Eligible customers will soon receive additional information in the mail regarding product features, including information about the renewable energy option.”

Correction: In the print version of this article published on March 9, the town’s community choice aggregation administrator, Good Energy LLC, was misidentified as a London-based firm. In fact, Good Energy is headquartered in Manhattan. We apologize for the error.

New York State Assemblyman Steve Englebright (D-Setauket) has held elective office continuously since 1983. Englebright’s long tenure now comes to a close. 

In a tight state election for District 4 last month, Englebright narrowly lost to his Republican Party challenger Ed Flood (R-Port Jefferson). In an exit interview, the outgoing assemblyman reflected upon his pathway into government, the legislative victories throughout that time and the meaning of public service.

The road to politics

Growing up, the young Englebright spent much of his time in libraries. He found refuge in books, which satiated his curiosity and “compelling interest in how things worked.” He also nourished a lifelong fascination with history through those hours devoted to learning.

Leading up to his first run for office, Englebright said he was deeply disturbed by the environmental degradation characteristic of those times. The “almost daily reports” of overdevelopment and sprawl, oil spills and drinking water contamination, each had left a deep and abiding impression on him.

‘The proper role of government is to protect the people who sent you.’ — Steve Englebright

He was teaching geology at Stony Brook University when he began considering public life. “I realized that drinking water was the first limiting factor for the continued well-being of this Island, and I was not really seeing any meaningful public policy growing out of the reports of chaos,” he said.

The late professor Hugh Cleland, from the SBU Department of History, would prove to be the catalyst behind Englebright’s ascent to politics. Cleland sat down with him at the campus student union. For several hours, the two discussed a possible bid for a Suffolk County legislative seat.

“This was a really serious and credible and well thought-out request that he was making,” Englebright said. “So I didn’t just wave it off. I gave it some thought and, sure enough, I found myself saying, ‘What’s next?’” 

After that meeting, Englebright decided to run and was elected to the county Legislature in 1983. He won election after election for the next four decades.

County Legislature

Upon entering the county Legislature, Englebright simultaneously confronted an array of environmental dilemmas. He described the defunct Long Island Lighting Company, the precursor to today’s Long Island Power Authority, as “at that time wanting to build a small galaxy of nuclear power plants on Long Island.” He stressed that the utility company was favoring its shareholder interests at the residents’ expense. 

Englebright successfully championed, along with a grassroots movement of LILCO ratepayers, against the construction of the Shoreham Nuclear Power Plant and other nuclear plants to follow. Their resistance efforts were grounded primarily in the risks associated with evacuation.

Another major policy issue during his early political career was the protection of groundwater and surface waters in Suffolk County. “I pushed successfully for the largest county-level open space program in the nation,” he said. He was one of the earliest critics against sprawl. 

As a county legislator, he initiated the first plastics ban in the nation. Though ahead of his time on the issue, he admitted that not enough has been done elsewhere to counteract the problem, which he said “has exploded into a worldwide catastrophe.”

He sponsored legislation excising a small fee on hotel and motel rooms, considering the measure as a fee on tourists allowing for their continued enjoyment of the area through reinvestment into the county’s most attractive destinations.

“If you wonder why county Legislator [Kara] Hahn [D-Setauket] is able to have some discretion to provide funding to Gallery North or the Reboli Center, that funding is coming from the hotel/motel room fee,” he said.

State Assembly

New York State Assemblyman Steve Englebright (D-Setauket). Photo from North Island Photography and Films

As a state assemblyman, Englebright quickly picked up where he left off, building upon and expanding his county policies at the state level. Among his earliest actions was the Long Island Pine Barrens Protection Act, a state law ensuring the preservation of the Pine Barrens as open space.

He sponsored some of the original laws in New York state related to solar power and other renewables. “In my first year in the state Legislature, I was successfully pushing for legislation that had paved the way for the electronic age,” he said.

Englebright added that the Climate Leadership and Community Protection Act was the most crucial legislation he ever sponsored. This ambitious law aims to reduce statewide greenhouse gas emissions by 85% from 1990 levels by 2050.

Englebright also successfully led a statewide ban on purse seining, a highly efficient fishing technique responsible for the depletion of menhaden, or bunker, in New York’s surrounding waters.

“The marine world all depends on having this abundant fish at the base of the food chain,” the assemblyman said. Purse seining allowed large-scale fishing operations to collect “whole schools of menhaden, millions and millions of fish.”

One of the fondest moments throughout his tenure happened just last summer. On a boat trip off the coast of Montauk Point during early morning hours, the sun rising off the horizon line, he witnessed entire schools of menhaden beneath the water.

“The sea was boiling with fish,” he said. “Menhaden, they were back by the billions.”

Reminiscent of his earliest years in libraries, historic preservation would be a significant point of emphasis for Englebright. “I’m very proud of the many properties that are preserved, the historic sites.” Such sites either preserved or to be preserved include Patriots Rock and Roe Tavern in Setauket and William Tooker House in Port Jefferson, among many others.

Even in his final days in office, Englebright made historic breakthroughs. Though his reelection bid was unsuccessful, Englebright rejoiced in yet another major victory for environmental sustainability. Last month, New Yorkers overwhelmingly approved a recent $4.2 billion environmental bond act, a multiyear investment in clean water, air, wildlife and the environment.

Reflections from his community

During his extended time in political service, Englebright has worked alongside countless public representatives at all levels of government. He maintained “they’re not all scoundrels,” adding that many were “superb public servants.”

In a series of written statements and phone interviews, several public representatives and close Englebright associates and friends had an opportunity to weigh in on his legacy of service and commitment to his community. 

Englebright “proved himself to be an environmental pioneer, a champion for the causes and concerns of his constituents and an unflinching fighter for the communities he served,” Hahn said. “For those of us who served in elected office with him during his tenure, irrespective of political persuasion or level of government, Steve proved himself to be a friend and mentor who embodied the role of effective leadership in the lives of those we represent.”

 As recently as Dec. 6, the Three Village Community Trust honored the assemblyman by renaming the Greenway trail as The Steve Englebright Setauket to Port Jefferson Station Greenway.

Port Jefferson Mayor Margot Garant commented on the characteristics that set Englebright apart from other politicians. She said his scientific background and wide-ranging interests added depth to his political persona.

 “He’s a unique legislator in that he’s so well rounded in those other areas and that he’s not just focused on the hard line of the law,” she said. “He’s involved with his community, he’s approachable, he’s caring, he’s kind. He’s a very unique representative, and we’re going to miss him sorely.”

 Like Englebright, Port Jefferson village trustee Rebecca Kassay worked in environmental advocacy before entering government. She discussed Englebright’s ongoing extended producer responsibility legislation, which would require producers of packaging materials, rather than taxpayers, to be responsible for managing post-consumer packaging material waste.

 “This can be a step toward addressing a multitude of waste management, environmental and financial issues facing municipalities and individuals,” Kassay said. “I hope to see the assemblyman’s colleagues and successor continue advocating for policies with long-term solutions,” adding, “Englebright is the type of commonsense representative we’d like to see more of in government.”

 In a joint statement, George Hoffman and Laurie Vetere of the Setauket Harbor Task Force reflected upon Englebright’s importance to local harbors.

 “In his time as our state representative, Steve Englebright never forgot the importance of the harbor,” they said. “Assemblyman Englebright found ways to secure needed dollars from Albany to help the task force in its mission of protecting water quality and the sustainability of Setauket and Port Jefferson harbors.” 

Joan Nickeson, community liaison of the Port Jefferson Station/Terryville Chamber of Commerce, credited Englebright for the continued flourishment of her area. She said the hotel/motel tax he sponsored had enabled the chamber to conduct its annual summer concert series at the Train Car Park.

 “Assemblyman Englebright has continued to be a friend of the chamber by supporting our local businesses and attending our ribbon-cutting ceremonies,” she said.

 Within those 40 years, countless other acts and initiatives have come to fruition with Englebright’s assistance. Reflecting on his time in public service, he outlined his political doctrine.

 “The proper role of government is to protect the people who sent you,” he said. “If you keep your eye on the prize, you can achieve things for the people who invested their trust in you.” 

 On the role of the public representative, he added, “Use the office as a bully pulpit, speak truth to power, identify things that are wrong and right them, and treat the office as an opportunity to do good.”

 For wielding his office as a force of good for four decades, TBR News Media dedicates Steve Englebright as honorary 2022 Person of the Year.

State Assemblyman Steve Englebright. Photo from Englebright's office

In 2020, state Assemblyman Steve Englebright (D-Setauket) maintained his seat in a race against Michael Ross, a local lawyer and former Suffolk County assistant district attorney. With nearly 30 years behind him as an assemblyman, Englebright is hitting the ground running in 2021.

COVID-19

While the assemblyman has a list of priorities for 2021, the COVID-19 vaccine rollout is at the forefront of his mind. He said in a phone interview that the state’s vaccination rollout protocols need to be addressed in regard to issues such as identifying more vaccination sites, making registering easier and allowing couples to sign up together.

He added more locations should be utilized such as chain and privately owned pharmacies, local school gyms and even National Guard facilities.

“It really is held up right now by a lack of imagination and proper use of technology that’s available,” Englebright said, adding that even having people answering the state hotline would be helpful.

He noted not having enough of the COVID-19 vaccines also exacerbates the problem.

“I think there’s always little bureaucratic things that discourage people, and the object of this exercise is to vaccinate as many people as possible and achieve herd immunity and return to normal at some level,” he said. “Especially, before these new variants come in from Brazil, South Africa and London.”

Infrastructure

Englebright has been keeping his eyes on Route 347 and the Long Island Rail Road.

While roadwork on Route 347 in the Smithtown area was completed a few years ago, Englebright would like to see the road improvements continue through Port Jefferson Station. The assemblyman is making sure the completion of the roadwork is a priority.

“This is important for the operation and quality of life for the Port Jefferson Station community,” Englebright said. “If I can move it up and accelerate the improvement, I’m going to try to do that.”

Englebright is also a proponent of full electrification of the LIRR Port Jefferson line, and in 2019 was part of a press conference speaking out against the railroad purchasing more diesel engines.

He said electrification will be a “game changer,” raising the values of homes, attracting more people to use the railroad and creating less pollution.

“We’re working with late-19th century, early-20th century models for rail, and the time has long passed — we need to upgrade them,” he said.

PSEG Long Island

Englebright said a closer look is being taken at PSEGLI. Many have been disappointed with the utility company, he said. Recently, many of its top executives were pulled off of Long Island issues and sent to Puerto Rico to try to acquire big contracts for rebuilding the Caribbean island’s hurricane-ravaged electrical infrastructure.

Englebright said the Long Island Power Authority board is moving toward full municipalization of the utility company, something he has been pushing for since 1983 when he was a Suffolk County legislator.

“I’m still of the opinion that moving to full municipal ownership would give more accountability and more stability in terms of our ratepayers obligations,” he said.

Recycling

Englebright along with state Sen. Todd Kaminsky (D-Long Beach) is co-sponsoring legislation regarding recycling and creation of waste related to packaging which will extend producers’ responsibility. The goal is to boost recycling, curb waste and save tax dollars. Englebright said the responsibility of recycling packaging and paper products will shift from local governments to corporations.

Locally, it could mean that the Town of Brookhaven could extend the life of its landfill, which is slated to close in 2024 and was negatively affected when China stopped taking America’s plastic waste in 2018. The request to reduce landfill waste is one that comes from towns all over the state, according to the assemblyman.

“One-third of the waste going into the landfill is for packaging,” Englebright said. “So, if we can help extend the life, the useful life of our landfill, it will save our taxpayers millions.”

The assemblyman added that “we’ll just be more responsible if we put the responsibility for packaging onto the manufacturers.”

“If we create an incentive for the manufacturers to reduce the amount of waste and standardize the type of plastics that they use to use recyclable plastics, such as polyethylene instead of polyvinyl chloride, the work of the town becomes much, much less stressful,” he said.

Climate Leadership and Community Protection Act

Englebright said implementing New York State’s Climate Leadership and Community Protection Act, which was passed in 2019, is a priority. The act sets to legally binding emissions reductions’ standards with the goal of eliminating dependence on fossil fuels by 2050. The act sets a goal to reduce emissions by 85% below 1990 levels by 2050. An interim target is at a 40 percent reduction by 2030. The remaining percentage of emissions will be offset by actions such as planting trees, which removes carbon dioxide out of the air, to reach net zero emissions.

An original sponsor of the legislation, Englebright is encouraged by President Joe Biden’s (D) commitment to do the same and U.S. Sen. Chuck Schumer (D-NY) also being a proponent. Englebright is further encouraged by Biden moving toward incentivizing electric automobiles which was followed by General Motors announcing it’s going to phase out internal combustion engines by 2035 and move into the electric vehicle arena.

“All of that is within the framework of what we went through at the state legislative level,” Englebright said. “We had a debate basically for four years before Todd Kaminsky became the chair in the Senate and was able to move the bill.”

Restore Mother Nature Bond Act

The state’s $3 billion Restore Mother Nature Bond Act was announced in the state budget in 2020 but was pulled from the November ballots due to the pandemic’s impact on New York’s finances. Englebright said it’s important to get back to implementing the legislation which will fund critical environmental restoration projects in the state — including restoring fish and wildlife habitats, preserving open spaces and enhancing recreational opportunities and prepare New York for the impact of climate change and more.

The bond act would help advance the Climate Leadership and Community Protection Act.