[HISTORY: Adopted by the Board of Trustees of the Village
of Elmsford 12-18-2018 by L.L.
No. 2-2018. Amendments noted where applicable.]
A.
It is the policy of both the Village of Elmsford 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 residential
and small commercial customers 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 its residential
and small commercial customers.
B.
The purpose of this CCA Program is to allow participating local governments,
including the Village of Elmsford, 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
chapter establishes a program that will allow the Village of Elmsford
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 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 Village of Elmsford is authorized to implement this Community
Choice Aggregation (Energy) Program pursuant to § 10(1)(ii)(a)(l2)
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 enable actions
by the Village of Elmsford not otherwise permitted pursuant to orders
related to Case No. 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 chapter shall be known and may be cited as the "Community Choice
Aggregation (Energy) Program Law of the Village of Elmsford."
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:
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 Elmsford.
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 chapter
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 Elmsford, whereby the Village shall work together
with Sustainable Westchester to implement the CCA Program to the full
extent permitted by the Order, as set forth more fully herein. The
Village's role under the CCA Program involves the aggregating
of the electric and/or gas supply of its residents and the entering
into a contract with one or more suppliers for supply and services.
Under the CCA Program, the operation and ownership of the utility
service shall remain with the distribution utility.
B.
The Village's participation in a CCA Program constitutes neither
the purchase of a public utility system, nor the furnishing of utility
service. The Village 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 on behalf
of participating residential and small commercial customers.
C.
In order to implement the CCA Program, the Village will 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 this chapter 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 may request from the Distribution
Utilities aggregated customer information by fuel type and service
classification on a rolling basis.
B.
Sustainable Westchester, on behalf of the Village, 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.
C.
Sustainable Westchester or the Village, if the Village so chooses,
will then request individual customer data from the distribution utility
in accordance with the CCA Program.
D.
Sustainable Westchester or the Village, if the Village so chooses,
and the selected supplier will then notify bundled customers of the
contract terms and their opportunity to opt out of the CCA Program.
E.
In accordance with and for purposes of the Order, Consolidated Edison
Company of New York, Inc. will provide to Sustainable Westchester
aggregate and customer-specific data (including usage data, capacity
tag obligations, account numbers, and service addresses) of all bundled
customers in the Village not currently enrolled with an ESCO.
A.
The Village, or in conjunction with the ESCO, will notify its residential
and small commercial customers, by letter notice, of the Village'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 opt-out period shall be at least 30 days.
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.
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.