[HISTORY: Adopted by the Town Board of the Town of Pittsford
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-17-2018 by L.L. No. 4-2018]
A.Â
It is the policy of both the Town of Pittsford (the "Town") 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 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 natural gas on behalf of eligible
consumers.
B.Â
The purpose of CCA is to allow participating local governments, including
the Town, to procure energy supply service 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 article authorizes establishment of a program
("CCA Program") that would allow the Town 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. Eligible consumers would 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
article and fulfilling an important public purpose.
C.Â
The Town is authorized to implement a CCA program pursuant to Section
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-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 Town.
D.Â
This article shall be known and may be cited as the "COMMUNITY CHOICE
AGGREGATION ENABLING LAW" of the Town of Pittsford.
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:
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.
A third-party CCA administrator duly authorized by the Town
Board to put out for bid the total amount of electricity and/or natural
gas to be purchased by participating consumers. The authorized CCA
administrator shall be responsible for program organization, administration,
procurement, and communications, unless otherwise specified. The CCA
administrator may undertake any of these tasks, as permitted by law,
in conjunction with a third party, provided that the Town Board approve
participation of any such third party pursuant to written agreement
between the Town and the CCA administrator and, if deemed necessary
or desirable in the discretion of the Town, pursuant as well to a
written agreement between the Town and such third party.
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 Town
that obligates each party to meet, collectively, (i) 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;
(ii) the distribution utility's internal requirements and procedures
relating to the protection of information that identifies or can be
used to identify individual eligible consumer with respect to the
CCA administrator or its representative's processing of confidential
utility information; and (iii) 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 Town 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.
Owner or controller of the means of distribution of the natural
gas or electricity that is regulated by the Public Service Commission.
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 Town, 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 Town, 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 the Town.
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.
Any third party other than the CCA administrator, designated
by the Town as such, and engaged for the purpose pursuant to the provisions
of the definition of "CCA Administrator" to undertake certain functions
and responsibilities of the CCA Administrator with respect to initiating
and organizing the CCA program. Such responsibilities could include,
without limitation, securing buy-in from local governments and engaging
in public outreach and education regarding the CCA program. A program
organizer may be a nonprofit organization, local government, or other
third party. If no such third-party program organizer is engaged,
all responsibilities of a program organizer shall remain with the
CCA administrator.
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 article or, alternatively, generators
of electricity and natural gas or other entities who procure and resell
electricity or natural gas.
A.Â
A Community Choice Aggregation (Energy) Program is hereby authorized
to be established by the Town, whereby the Town may implement a CCA
program to the full extent permitted by the PSC CCA Order, as set
forth more fully herein.
B.Â
The Town 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 for energy supply and other services
on behalf of eligible consumers.
C.Â
The Town may enter into agreements and contracts with other municipalities,
nonprofits, consultants, and/or other third parties to undertake any
of the following: (i) develop and implement the CCA program (ii) act
as CCA administrator; and/or (iii) develop offers of opt-in 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.Â
The operation and ownership of the utility service shall remain with
the distribution utility. The Town's participation in a CCA program
constitutes neither the purchase of a public utility system, nor the
furnishing of utility service. The Town 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 on behalf of participating consumers.
A.Â
All consumers within the Town, including residential and nonresidential,
regardless of size, shall be eligible to participate in the CCA program.
B.Â
All consumers who are customers of the Rochester Gas and Electric
Corporation shall be enrolled on an opt-out basis, except for consumers
i) that are already taking service from an ESCO, ii) that have placed
a freeze or block on their account, or iii) 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.
C.Â
New consumers shall be enrolled on an opt-out basis.
A.Â
An opt-out letter, printed on Town 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 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
who do not opt-out will be enrolled in ESCO service under the contract
terms and that information on those consumers, including energy usage
data and APP status, will be provided to the ESCO.
B.Â
All consumers shall have the option to opt-out of the CCA program
at any time without penalty.
C.Â
Termination fees shall not be charged to consumers who 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. to 5:00 p.m. eastern time, Monday through Friday) to resolve
concerns, answer questions, and transact business with respect to
the service received from the supplier.
A.Â
The Town 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.Â
Customer-specific data shall be protected in a manner compliant with,
collectively, (i) 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 Town or its representative's processing of
confidential utility information; (ii) 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 Town or its representative's processing of
confidential utility information; and (iii) the PSC CCA Order and
PSC rules, regulations and guidelines relating to confidential data.
C.Â
The Town must enter into a data security agreement with the distribution
utility for the purpose of protecting customer data.
The Town may collect, or cause to be collected, funds from customer
payments to pay for administrative costs associated with running the
CCA program.
A.Â
By March 31 of each year the CCA administrator shall file an annual
report for the Town's CCA program, reporting on the previous
calendar year.
B.Â
Annual reports shall include, at minimum: number of consumers served;
number of consumers cancelling 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.Â
If a CCA supply contract will expire sooner than one year following
the filing of any annual report, the report must identify current
plans for soliciting a new contract, negotiating an extension, or
ending the CCA program.
This article shall be effective immediately upon passage.
The invalidity or unenforceability of any section, subsection,
paragraph, sentence, clause, provision, or phrase of the aforementioned
sections, as declared by the valid judgment of any court of competent
jurisdiction to be unconstitutional, shall not affect the validity
or enforceability of any other section, subsection, paragraph, sentence,
clause, provision, or phrase, which shall remain in full force and
effect.
