[HISTORY: Adopted by the Town Board of the Town of New Paltz 5-16-2019 by L.L. No. 5-2019. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Community
Choice Aggregation (Energy) Program Law" of the Town of New Paltz.
A.
It is the purpose of this chapter to seek to reduce costs and to
provide cost certainty to promote economic development; to promote
deeper penetration of energy efficiency and renewable energy resources,
such as hydroelectric, wind and solar; to promote wider deployment
of distributed energy resources; and to examine the retail energy
markets and increase participation of and benefits for eligible consumers
in those markets.
B.
The purpose of this Community Choice Aggregation (Energy) Program
(the "CCA Program"), as described to the Town of New Paltz by the
administrator, is to allow participating local governments including
the Town of New Paltz to procure energy supply service for their residential
and 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 Town of New Paltz, or its designated
agent for that purpose, to put out for bid the total amount of energy
and/or electricity being purchased by their residential and 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 chapter and fulfilling an
important public purpose.
C.
The Town of New Paltz is hereby authorized to participate in a Community
Choice Aggregation (Energy) 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, Order
Authorizing Framework for Community Choice Aggregation Opt-Out Program
(issued April 20, 2016), including subsequent orders of the Public
Service Commission issued in connection with or related to Case No.
24-M-0224 (collectively, the "Order").
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:
[________________], a New York not-for-profit corporation.
Residential and commercial customers of electricity or natural
gas ("fuels") who are purchasing the fuels from the distribution utility.
Nonresidential customers as permitted in the Order.
A municipal energy procurement program, which replaces the
incumbent utility as the default supplier for all bundled customers
within the Town of New Paltz.
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.
Energy service companies (ESCOs) that produce 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.
A Community Choice Aggregation (Energy) Program is hereby established
by the Town of New Paltz whereby the Town of New Paltz (the "Town")
shall cooperate with the administrator by participating in the CCA
Program to the full extent permitted by the Order, as set forth more
fully herein. The Town'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 the administrator, for the procurement of electricity and/or
natural gas supply for its residential and commercial customers. Under
the CCA Program, the operation and ownership of the utility service
shall remain with the distribution utility.
B.
The Town'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 Town 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 the administrator on behalf of participating
residential and commercial customers.
C.
In order to implement the CCA Program, the Town shall adopt one or
more resolutions that outline the process of and conditions for participation
in the CCA Program consistent with the chapter and the Order. The
Town shall adopt the following policies and agreements consistent
with the Order:
D.
The Public Service Commission supervises retail markets and participates
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.
The administrator shall provide information and education to potential
CCA customers over no less than a two-month period.
B.
The Town shall mail opt-out letters to eligible opt-out customers
provided the policies have been filed; and the opt-out letters have
been deemed compliant.
C.
The opt-out letter shall comport with the requirements set forth
in the Order.
D.
The initial opt-out period shall be 30 days after notification is
sent to the customer.
A.
The administrator may request the distribution utility's aggregated
customer information on all bundled customers in the Town, provided
the Public Service Commission has approved the policies.
B.
Provided the administrator has complied with the requirements of Subsection A, above, the distribution utility shall transfer the aggregated customer and usage data within 20 days of a request from the administrator in accordance with the Order.
C.
Customer-specific information may be requested for all eligible customers
once the administrator demonstrates that the requisite contracts with
ESCOs have been entered into and executed. Detailed customer information
may be requested for eligible customers who did not opt-out once the
initial opt-out period has closed.
D.
After the administrator has entered into a CCA contract with an ESCO,
the distribution utility shall transfer customer-specific data to
the administrator within five days of a request in accordance with
the Order.
E.
The administrator, the contracted supplier, and the Town of New Paltz
will protect customer information as required by law, subject to the
Order and the limitations of the New York State Freedom of Information
Law.