[HISTORY: Adopted by the Board of Trustees of the Village
of Wappingers Falls 7-12-2017 by L.L. No. 5-2017. Amendments noted where applicable.]
A.
It is the policy of both the Village of Wappingers Falls, New York
(municipality) and the State of New York to reduce costs and provide
cost certainty for the purpose of economic development, to promote
deeper penetration of energy efficiency and renewable energy resources,
such as hydroelectric, wind and solar, and wider deployment of distributed
energy resources as well as to examine the retail energy markets and
increase participation of and benefits for eligible consumers in those
markets. Among the policies and models that may offer benefits in
New York is community choice aggregation (CCA), which allows local
governments to determine the default supplier of electricity and/or
natural gas on behalf of eligible consumers.
B.
The purpose of CCA is to allow participating local governments to
procure both energy supply service and distributed energy resources
for eligible consumers, who will have the opportunity to opt out of
the procurement, while maintaining transmission and distribution service
from the existing distribution utility. This chapter establishes a
program (CCA Program) that will allow the municipality and other local
governments to work together through a shared purchasing model to
put out for bid the total amount of natural gas and/or electricity
being purchased by eligible consumers within the jurisdictional boundaries
of participating municipalities, as well as to bid out for the development
of distributed energy resources for the benefit of eligible consumers.
Eligible consumers will have the opportunity to have more control
to lower their overall energy costs, to spur clean energy innovation
and investment, to improve customer choice and value, and to protect
the environment; thereby, fulfilling the purposes of this chapter
and fulfilling an important public purpose.
C.
The municipality is authorized to implement this CCA Program pursuant
to § 10, Subdivision (1)(ii)(a)(12) of the New York Municipal
Home Rule Law; and 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 April 21, 2016), as may be amended,
including subsequent orders of the Public Service Commission (PSC)
issued in connection with or related to Case No. 14-M-0224, to the
extent that orders related to Case No. 14-M-0224 enable actions by
the municipality.
D.
This chapter shall be known and may be cited as the "Community Choice
Aggregation (Energy) Program Law" of the municipality.
For purposes of this chapter, and unless otherwise expressly
stated or unless the context otherwise requires, the terms in this
chapter 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:
Aggregated and anonymized information including the number
of consumers by service class, the aggregated peak demand (kW) (for
electricity) by month for the past 12 months, by service class to
the extent possible, and the aggregated energy (kWh) for electricity
or volumetric consumption for gas by month for the past 12 months
by service class.
The Village of Wappingers Falls, New York or a third party
selected by the Village, duly authorized to put out for bid the total
amount of electricity and/or natural gas being purchased by participating
consumers and the distributed energy resources that will be incorporated
into the CCA Program. The CCA Administrator is responsible for CCA
Program organization, administration, procurement, and communications,
unless otherwise specified.
Customer specific information, personal data and utility
data for all consumers in the municipality eligible for opt-out treatment
based on the terms of PSC CCA Order and the CCA Program design, including
the customer of record's name, mailing address, telephone number,
account number, and primary language, if available, and any customer-specific
alternate billing name, address, and phone number.
An agreement between the Distribution utility and the municipality
that obligates each party to meet, collectively:
A.
All national, state and local laws, regulations or other government
standards relating to the protection of information that identifies
or can be used to identify an individual eligible consumer with respect
to the CCA Administrator or its representative's processing of
confidential utility information;
B.
The distribution utility's internal requirements and procedures
relating to the protection of information that identifies or can be
used to identify an individual eligible consumer with respect to the
CCA Administrator or its representative's processing of confidential
utility information; and
C.
DEFAULT SERVICE
DISTRIBUTED ENERGY RESOURCES (DER)
DISTRIBUTION UTILITY
ELIGIBLE CONSUMERS
ESCO or ENERGY SERVICES COMPANY
NEW CONSUMERS
PARTICIPATING CONSUMERS
PROGRAM ORGANIZER
PSC CCA ORDER
PUBLIC SERVICE COMMISSION or PSC
SUPPLIERS
The PSC CCA Order and PSC rules, regulations and guidelines relating
to confidential data.
Supply service provided by the distribution utility to consumers
who are not currently receiving service from an energy service company
(ESCO). Eligible consumers within the municipality that receive default
service, and have not opted out, will be enrolled in the Program as
of the effective date.
Local renewable energy projects, shared renewables like community
solar, energy efficiency, demand response, energy management, energy
storage, microgrid projects and other innovative reforming the energy
vision (REV) initiatives that optimize system benefits, target and
address load pockets/profile within the CCA's zone, and reduce
cost of service for participating consumers.
Central Hudson Gas and Electric Corp., or any successor thereto.
Eligible customers of electricity and/or natural gas who
receive default service from the distribution utility as of the effective
date, or new consumers that subsequently become eligible to participate
in the Program, at one or more locations within the geographic boundaries
of the municipality, except those consumers who receive default service
and have requested not to have their account information shared by
the distribution utility. For the avoidance of doubt, all eligible
consumers must reside or be otherwise located at one or more locations
within the geographic boundaries of the municipality, as such boundaries
exist on the effective date of the ESA.
An entity duly authorized to conduct business in the State
of New York as an ESCO.
Consumers of electricity that become eligible consumers after
the effective date of the ESA, including those that opt in or move
into municipality.
Eligible consumers enrolled in the Program, either because
they are consumers who receive default service from the distribution
utility as of the effective date and have not opted out, or are new
consumers.
The group or entity responsible for initiating and organizing
the CCA Program. The program organizer will typically secure buy-in
from local governments and engage in preliminary outreach and education
around CCA. The program organizer may be a non-profit organization,
local government, or other third party. The program organizer and
the CCA Administrator may be the same.
The PSC's Order Authorizing Framework for Community
Choice Aggregation Opt-Out Program, issued on April 21, 2016 in Case
14-M-0224, "Proceeding on Motion of the Commission to Enable Community
Choice Aggregation Programs."
New York State Public Service Commission.
ESCOs that procure electric power and natural gas for eligible
consumers in connection with this chapter or, alternatively, generators
of electricity and natural gas or other entities who procure and resell
electricity or natural gas.
A.
A Community Choice Aggregation (Energy) Program is hereby established
by the municipality, whereby the municipality may implement a CCA
Program to the full extent permitted by the PSC CCA Order and any
subsequent PSC Orders approving the CCA Program Implementation Plan,
as set forth more fully herein.
B.
The municipality may act as aggregator or broker for the sale of
electric supply, gas supply, or both, to eligible consumers and may
enter into contracts with one or more suppliers and/or DER providers
for energy supply and other services on behalf of eligible consumers.
C.
The municipality may enter into agreements and contracts with other
municipalities, nonprofits, consultants, and/or other third parties
to:
(1)
Develop and implement the CCA Program;
(2)
Act as CCA Administrator and/or contract out the role of CCA Administrator
to a third party, and/or
(3)
Develop offers of distributed energy resources (DER) products and
services to participating consumers, including opportunities to participate
in local renewable energy projects, shared solar, energy efficiency,
microgrids, storage, demand response, energy management, and other
innovative reforming the energy vision (REV) initiatives and objectives
designed to optimize system benefits, target and address load pockets/profile
within the CCA zone, and reduce costs for CCA customers.
D.
The operation and ownership of the utility service shall remain with
the distribution utility. The municipality's participation in
a CCA Program constitutes neither the purchase of a public utility
system, nor the furnishing of utility service. The municipality shall
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 and/or DER providers on behalf of
participating consumers.
E.
Participating consumers will be charged a CCA Program subscription fee which may include (but not necessarily be limited to): the ESCO supply charge; a DER subscription charge (if applicable); and the administration fee described in § 66-8 herein. This subscription fee will appear on the participating consumers' bill from the distribution utility.
F.
The Village of Wappingers Falls, New York, either acting on its own
or through the CCA Administrator, is authorized to prepare and submit
a Community Choice Aggregation Implementation Plan to the New York
Public Service Commission for approval of a CCA Program, as outlined
in the PSC CCA Order. Such an Implementation Plan will include final
details of the CCA Program as outlined therein.
A.
All consumers within the municipality, including residential and
nonresidential, regardless of size, shall be eligible to participate
in the CCA Program; provided, however, that participation in DER projects
may depend on DER project availability and may be restricted by distribution
utility service class.
B.
All consumers that are members of Electric SC 1 Residential Service, SC 2 General Service; and Gas SC 1 Residence Rate, SC 2 Commercial and Industrial Rate may be enrolled on an opt-out basis except for consumers that are already taking service from an ESCO, that have placed a freeze or block on their account, or for whom inclusion in the CCA Program will interfere with a choice the customer has already made to take service pursuant to a special rate. Those consumers may be enrolled on an opt-in basis. The definitive rules with respect to enrollment of eligible consumers will be set forth in the Implementation Plan described in § 66-3F herein.
C.
New consumers shall be enrolled on an opt-out basis.
A.
An opt-out letter, printed on municipal letterhead, shall be mailed
to eligible consumers at least 30 days prior to customer enrollment.
The opt-out letter shall include information on the CCA Program and
the contract signed with the selected ESCO and/or DER provider(s)
including specific details on rates, services, contract term, cancellation
fee, and methods for opting-out of the CCA Program. The letter shall
explain that consumers that do not opt-out will be enrolled in the
CCA Program under the contract terms and that information on those
consumers, including energy usage data and APP status, will be provided
to the ESCO and/or the DER providers. The opt-out letter shall also
explain that the CCA Administrator will be authorized to enroll Participating
consumers in DER projects and communicate such enrollment to the Distribution
utility under relevant PSC-approved rules and tariffs so that participating
consumers may receive applicable billing credits from the distribution
utility.
B.
All consumers shall have the option to opt-out of the CCA Program
at any time without penalty.
C.
Termination fees shall not be charged to consumers that cancel their
CCA service as a result of moving out of the premises served.
Participating consumers shall be provided customer service including
a toll-free telephone number available during normal business hours
(9:00 a.m. through 5:00 p.m. Eastern time, Monday through Friday)
to resolve concerns, answer questions, and transact business with
respect to the CCA Program.
A.
The municipality may request aggregated data and customer specific
data from the distribution utility; provided, however, that the request
for customer specific data is limited to only those eligible consumers
who did not opt-out once the initial opt-out period has closed.
B.
Customer specific data shall be protected in a manner compliant with,
collectively, all national, state and local laws, regulations or other
government standards relating to the protection of information that
identifies or can be used to identify an individual that apply with
respect to the municipality or its representative's processing
of confidential utility information; the utility's internal requirements
and procedures relating to the protection of information that identifies
or can be used to identify an individual that apply with respect to
the municipality or its representative's processing of confidential
utility information; and the PSC CCA Order and PSC rules, regulations
and guidelines relating to confidential data.
C.
The municipality must enter into a data security agreement with the
distribution utility for the purpose of protecting customer data.
The municipality may collect, or cause to be collected, funds
from customer payments to pay for administrative costs associated
with running the CCA Program.
A.
Annual reports shall be filed with the Board of Trustees of the municipality
by March 31 of each year and cover the previous calendar year.
B.
Annual reports shall include, at a minimum: number of consumers served;
number of consumers canceling during the year; number of complaints
received; commodity prices paid; value-added services provided during
the year (e.g., installation of DER or other clean energy services);
and administrative costs collected. The first report shall also include
the number of consumers who opted-out in response to the initial opt-out
letter or letters.
C.
If a CCA supply contract will expire less than one year following
the filing of the annual report, the report must identify current
plans for soliciting a new contract, negotiating an extension, or
ending the CCA Program.
