[Adopted 1-8-2018 by L.L.
No. 1-2018]
It is the intent of the Town of Dickinson to establish a Community
Choice Aggregation (CCA) Program to aggregate the energy supply needs
of residents and to negotiate and enter into, or authorize its agent
to negotiate and enter into, energy supply agreements ("ESAs") with
energy service companies (ESCOs) on behalf of eligible citizens to
obtain stable, lower-cost energy prices, as well as environmental
benefits and/or a community-based solution to meeting our collective
energy needs. The purpose of this article is twofold: to establish
a CCA Program in Dickinson and to adopt certain provisions relating
to the creation and implementation of the CCA Program.
The NYSPSC Order Authorizing CCAs expressly empowers cities,
towns and villages in this state to create CCA Programs. Further,
the New York Municipal Home Rule Law, Article 2, § 10, authorizes
a municipality to adopt general laws relating to its property, affairs
and government, the protection and enhancement of its physical and
visual environment, the protection and well-being of persons within
the municipality, and for other authorized purposes.
As used in this article, the following terms shall have the
meanings indicated:
AUTOMATICALLY ELIGIBLE CUSTOMERS
Customers' accounts in those utility service classes
eligible for inclusion in the CCA Program on an opt-out basis, as
set forth in the NYSPSC Order Authorizing CCAs, Appendix C, or as
otherwise specified by the Commission. Generally, these classes of
customers include those receiving residential electric and/or natural
gas service, including those in multifamily housing, certain types
of institutions, and some small commercial customers covered by "small
general service" class designations. Automatically eligible customers
shall not include customers' accounts that have already been
enrolled in service through an ESCO, that enrolled in utility programs
which require them to take supply service from their current utility,
or that have a block on their utility account at the time of CCA formation
(NOTE: Except customers participating in the Affordability Assistance
Program [APP] who may have blocks on their accounts with their existing
utility but who are still eligible to participate.); those customers'
accounts shall be eligible to participate on an opt-in basis, if they
so desire.
CCA ADMINISTRATOR
An agent of the municipality charged with overseeing creation,
implementation and operation of a CCA Program, as well as competitively
procuring and negotiating energy supply agreements with ESCOs. The
CCA Administrator shall be retained by the municipality via a separate
CCA administration agreement, adopted by resolution of the municipality's
governing board.
COMMUNITY CHOICE AGGREGATION (CCA)/CCA PROGRAM
A program authorized by the New York State Public Service
Commission (NYSPSC) to aggregate residential and commercial electric
and/or natural gas supply and/or energy-related value-added products
and services within a given municipality, and/or among multiple municipalities,
in order to leverage that energy demand to negotiate favorable energy
supply agreements directly with ESCOs. Customers within a CCA Program
would no longer purchase their energy supply directly from their utility.
However, the utility would continue to deliver energy to these customers,
to charge for that delivery, and will retain its transmission and
distribution network. The energy supply portion of a customer's
energy service is provided by an ESCO or ESCOs, pursuant to an energy
supply agreement competitively procured and negotiated for the CCA
Program at large, then delivered to customers via the local utility.
ELIGIBLE CUSTOMERS
All automatically eligible customers plus those utility customers
eligible for inclusion in the CCA Program on an opt-in basis, as set
forth in the NYSPSC Order Authorizing CCAs or otherwise authorized
by the Commission. Those customers eligible to participate in the
CCA Program on an opt-in basis currently include those customers already
enrolled in service through an ESCO at the time of CCA formation,
customers in large commercial, institutional, or industrial utility
service classes that cannot be automatically enrolled in the CCA on
an opt-out basis, and all other customers not considered "automatically
eligible customers." References to the broader class of "eligible
customers" shall signify the entire pool of customers participating
in the aggregation, either because they have been automatically enrolled
on an opt-out basis or because they have affirmatively opted in.
ENERGY SERVICES COMPANY (ESCO)
A third-party energy supplier eligible to sell electricity,
natural gas and/or energy-related value-added services to customers
in New York State, utilizing the transmission and distribution systems
of existing utilities. ESCOs are regulated by the New York State Department
of Public Service and the New York State Public Service Commission
and must comply with the New York State Public Service Law.
ENERGY SUPPLY AGREEMENT (ESA)
An agreement between an energy customer and an energy services
company (ESCO) to provide electricity or gas service to the customer
for a fixed or variable price. For purposes of this article, the CCA
Administrator would conduct a competitive procurement on behalf of
all eligible customers, and would enter into an Energy Service Agreement(s)
with an ESCO to provide power to all such customers in the community.
MUNICIPALITY
Reference to these terms throughout this article indicates
the Town of Dickinson, unless otherwise noted.
UTILITY
Refers to traditional electric and/or natural gas utilities
regulated by the New York State Department of Public Service and the
New York State Public Service Commission and permitted to provide
electric and/or gas supply, transmission and distribution services
to all customers within their designated service territory. For purposes
of this article, the term "Utility" will refer to NYSEG.
Dickinson hereby establishes a CCA Program for aggregation of
electric supply to serve all eligible customers in its jurisdiction.
This program shall be available to all residents of the Town of Dickinson
who reside outside the limits of the Village of Port Dickinson. All
automatically eligible customers shall be included in the CCA Program
on an opt-out basis and shall be afforded the opportunity to opt out
of the CCA Program, within a specified period, at no cost. All customers
who are not automatically eligible to be included in the CCA Program
on an opt-out basis shall be permitted to affirmatively opt into the
program in accordance with the terms of the ESA and/or the NYSPSC
Order Authorizing CCAs.
In accordance with the NYSPSC Order Authorizing CCAs, it shall
be the responsibility of Dickinson, supported by any CCA Administrator
that may be under contract, to ensure the CCA Program is operated
in compliance with all applicable provisions of the New York State
Public Service Law, regulations of the New York State Public Service
Commission and/or the New York State Department of Public Service,
the Uniform Business Practices (to the extent applicable), the NYSPSC
Order Authorizing CCAs and any other relevant laws or regulations.
This provision applies regardless of whether a CCA Administrator is
retained to organize and implement the Dickinson CCA Program. This
shall include, but not be limited to, compliance with any reporting
requirements related to the CCA Program.
In the event the New York State Public Service Commission, the
State Legislature, or other state agency, enacts laws or regulations
regarding the operation of CCAs which are in conflict with this article,
the state provisions shall govern.
Nothing in this article shall be read to create liability on
the part of the Town related to the provision of electric and/or natural
gas service to customers. The ESCO selected to provide such service
will be ultimately responsible for compliance with all applicable
laws, rules and regulations governing retail energy services and will
assume any liability stemming from the provision of such service to
retail customers, including any potential liability associated with
the service itself, customer data and information, and any other matters
which would traditionally fall under the purview of a merchant utility
providing the same service to customers prior to the formation of
the CCA. This article is meant merely to facilitate the creation of
an aggregation program in this community. The Town will not assume
the role of ESCO or utility in the sale or delivery of energy services.
Each provision of this article is severable from the others,
so that if any provision is held to be illegal or invalid for any
reason whatsoever, such illegal or invalid provision shall be severed
from this article, which shall nonetheless remain in full force and
effect.