[HISTORY: Adopted by the Village Board of Trustees of the
Village of Pleasantville as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-24-2015 by L.L. No. 7-2015]
A.
It is the purpose of this article to seek to reduce the cost of natural
gas and electricity to its residents.
B.
The purpose of this CCA Program, as described to the Village of Pleasantville
by Sustainable Westchester, is to allow participating local governments
including the Village of Pleasantville to procure energy supply service
for their residential and small commercial customers, who will have
the opportunity to opt out of the procurement, while maintaining transmission
and distribution service from the existing Distribution Utility. This
article establishes a program that will allow the Village of Pleasantville,
or its designated agent for that purpose, to put out for bid the total
amount of natural gas and/or electricity being purchased by local
residential and small commercial customers. Bundled customers will
have the opportunity to have more negotiating strength and consequential
potential to lower their overall energy costs, and to improve customer
choice and value, by providing an additional alternative source for
electricity and natural gas; thereby fulfilling the purposes of this
article and fulfilling an important public purpose.
C.
The Village of Pleasantville is hereby authorized to participate
in a Community Choice Aggregation (Energy) Program pursuant to §
10(1)(ii)(a)(12) of the New York Municipal Home Rule Law; and State
of New York Public Service Commission Case No. 14-M-0564, Petition
of Sustainable Westchester for Expedited Approval for the Implementation
of a Pilot Community Choice Aggregation Program within the County
of Westchester, Order Granting Petition in Part (issued February 26,
2015) as may be amended, including subsequent orders of the Public
Service Commission issued in connection with or related to Case No.
14-M-0564 (collectively, the "Order"). "Order" shall also mean orders
of the Public Service Commission related to State of New York Public
Service Commission Case No. 14-M-0224, Proceeding on Motion of the
Commission to Enable Community Choice Aggregation Programs (issued
December 15, 2014) to the extent that orders related to Case No. 14-M-0224
to enable actions by the Village of Pleasantville not otherwise permitted
pursuant to orders related to Case 14-M-0564; provided, however, that
in the event of any conflict between orders from Case No. 14-M-0564
and orders from Case No. 14-M-0224, orders from Case No. 14-M-0564
shall govern the CCA Program.
D.
This article shall be known and may be cited as the "Community Choice
Aggregation (Energy) Program Law" of the Village of Pleasantville.
For purposes of this article, and unless otherwise expressly
stated or unless the context otherwise requires, the terms in this
article shall have the meanings employed in the State of New York
Public Service Commission's Uniform Business Practices or, if
not so defined there, as indicated below:
Residential and small commercial customers of electricity
or natural gas ("fuels") who are purchasing the fuels from the Distribution
Utility.
A municipal energy procurement program, which replaces the
incumbent utility as the default supplier for all bundled customers
within the Village of Pleasantville.
Owner or controller of the means of distribution of the natural
gas or electricity that is regulated by the Public Service Commission.
New York State Public Service Commission.
Nonresidential customers as permitted by the order.
Energy service companies (ESCOs) that procure electric power
and natural gas for bundled customers in connection with this article
or, alternatively, generators of electricity and natural gas or other
entities who procure and resell electricity or natural gas.
A not-for-profit organization comprised of member municipalities
in Westchester County, New York.
A.
A Community Choice Aggregation (Energy) Program is hereby established
by the Village of Pleasantville, whereby the Village of Pleasantville
shall cooperate with Sustainable Westchester by participating in the
CCA Program to the full extent permitted by the order, as set forth
more fully herein. The Village of Pleasantville's role under
the CCA Program involves the aggregating of the electric and/or natural
gas supply for its residents, and the entering into a contract with
one or more suppliers, through Sustainable Westchester, for the procurement
of electricity and natural gas for its residents, which the residents
may accept or opt out of. Under the CCA Program, the operation and
ownership of the utility service shall remain with the Distribution
Utility.
B.
The Village of Pleasantville's procurement of energy supply
through a CCA Program constitutes neither the purchase of a public
utility system, nor the furnishing of utility service. The Village
of Pleasantville will not take over any part of the electric or gas
transmission or distribution system and will not furnish any type
of utility service, but will instead negotiate with suppliers through
Sustainable Westchester on behalf of participating residential and
small commercial customers.
C.
In order to implement the CCA Program, the Village of Pleasantville
may adopt one or more resolutions that outline the process of and
conditions for participation in the CCA Program, including but not
limited to signing a contract for a compliant bid with one or more
suppliers, all as consistent with local law and the order.
D.
The Public Service Commission supervises retail markets and participants
in these markets through legislative and regulatory authority and
the Uniform Business Practices, which includes rules relating to the
eligibility of participating ESCOs, the operation by which ESCOs provide
energy services, and the terms on which customers may be enrolled
with ESCOs.
A.
As permitted by the order, the Village of Pleasantville may request
the Distribution Utility's aggregated customer information of
all bundled customers in the Village of Pleasantville not currently
enrolled with an ESCO, by fuel type and service classification on
a rolling basis.
B.
Sustainable Westchester, on behalf of the Village of Pleasantville,
shall issue one or more requests for proposals to suppliers to provide
energy to participants and may then award a contract in accordance
with the CCA Program. All contracts will stipulate that the contracted
supplier agrees to collect the utility gross receipts tax for all
customers, regardless of utility territory.
C.
Sustainable Westchester, or the Village of Pleasantville if the Village
of Pleasantville so chooses, will then request that individual customer
data (including usage data, capacity tag obligations, account numbers,
and service addresses) be provided by the Distribution Utility to
Sustainable Westchester and/or the contracted supplier, in accordance
with the CCA Program.
D.
Sustainable Westchester, the contracted supplier, and Village of
Pleasantville will protect customer information as required by law,
subject to the order and the limitations of the New York State Freedom
of Information Law.
A.
Sustainable Westchester, and/or the Village of Pleasantville, in
conjunction with the selected ESCO, will notify its bundled residential
and small commercial customers, by letter notice, of the Village of
Pleasantville's decision to establish the CCA Program, of the
contract terms with an ESCO, and of the opportunity to opt out of
the CCA Program.
B.
The letter notice will be sent to each customer at the address provided
by the Distribution Utility and explain the CCA Program and the material
provisions of the ESCO contract, identify the methods by which the
customer can opt out of the CCA Program, and provide information on
how the customer can access additional information about the CCA Program.
C.
The initial opt-out period shall be 20 days after notification is
sent to the customer.
D.
CCA Program bundled customers, upon enrollment, will receive a welcome
letter that will explain the customers' options for canceling
the enrollment if they believe they were enrolled incorrectly or otherwise
decide to withdraw from the CCA Program in favor of another supplier.
The welcome letter also will explain that residential customers are
entitled to the added protection of the mandated three-day rescission
period as detailed in Section 5(B)(3) of the Uniform Business Practices.
It will also explain that residential customers may opt out of the
CCA program at any time, without fee or penalty, by selecting the
distribution utility or another ESCO as their energy supplier and
providing the process for doing so.
A.
Sustainable Westchester shall be responsible for filing an annual
report with the Public Service Commission, which identifies the number
of customers enrolled in the CCA Program by municipality and customer
class, the number of customers who returned to utility service or
service with another supplier during the reporting period, and the
average cost of commodity supply by month for the reporting period.
