[HISTORY: Adopted by the Board of Trustees of the Village
of South Nyack 5-14-2019 by L.L.
No. 2-2019. Amendments noted where applicable.]
A.
The municipality
supports the policy of the State of New York to reduce costs and provide
price certainty for the purpose of consumer protection and economic
development, to expand access and opportunities for consumers in retail
energy markets, as well as to promote the sustainability and resilience
of energy systems through the proliferation of renewable energy, energy
efficiency, and distributed energy resources ("DER"). Among the initiatives
that may advance these objectives is community choice aggregation
("CCA"), a policy that empowers local governments to select the source
of electricity and/or natural gas supply on behalf of its residents
and small businesses, reflecting local resources, priorities, and
challenges. Energy delivery shall remain the responsibility of the
distribution utility.
B.
This chapter
establishes the authority for the municipality, in connection with
the implementation of a CCA program, to acquire utility data; to select,
through competitive solicitation, one or more energy supplier(s) on
behalf of participating customers within the municipality; and to
maximize value for participating customers through enhanced services
related to distributed energy resources. The municipality may choose
to collaborate with other local governments to form an intermunicipal
CCA program. By establishing a CCA program, participating customers
may have the opportunity to lower and stabilize their energy costs,
to spur local clean energy innovation and investment, and to reduce
their environmental impact; thereby fulfilling the purposes of this
chapter and fulfilling a public purpose.
C.
The municipality
is authorized to implement this community choice aggregation program
pursuant to § 10(1)(ii)(a)(12) of the New York Municipal
Home Rule Law; and consistent with 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 issued in connection with or related to Case No.
14-M-0224.
D.
This chapter
shall be known and may be cited as the "Community Choice Aggregation
Program Law of the Village of South Nyack."
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 herein:
Aggregated and anonymized information relating to electricity
and/or gas consumption, including, but not limited to, the number
of consumers by service and rate class, the aggregated peak demand
(kW) (for electricity) by month for the past 12 months by service
and rate class, and the aggregated energy (kWh) for electricity or
volumetric consumption for gas by month for the past 12 months by
service and rate class.
The Village of South Nyack or third-party CCA Administrator
duly authorized to administer the CCA program, including without limitation to
request aggregated data and customer specific data; to competitively
solicit suppliers for the aggregated demand for electricity and/or
natural gas on behalf of default consumers; and to offer participating
customers additional opportunities to participate or enroll in programs
or projects related to DER. The CCA Administrator shall be responsible
for program organization, administration, procurement, communications,
and for meeting all requirements for program implementation specified
in the PSC CCA Order, unless otherwise specified.
The community choice aggregation program enabled by this
chapter.
Customer-specific information, personal data and utility
data for default customers, including 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.
A consumer of electricity and/or natural gas services within
opt-out eligible service classes (as delineated in the PSC CCA Order)
who receives supply service from the distribution utility as of the
date that the supply contract goes into effect, or a consumer within
these service classes who subsequently becomes eligible to become
a participating customer in the CCA program, including a consumer
who has terminated a supply contract with an ESCO; a consumer who
has removed a freeze or block on the consumer's account; a consumer
who has voluntarily suspended service pursuant to a special rate;
or a consumer who becomes a new resident of the municipality after
the supply contract goes into effect. None of the following are considered
a default customer and will not be enrolled on an opt-out basis: a
consumer within opt-out eligible service classes who receives supply
service from an ESCO as of the date that the supply contract goes
into effect; a consumer who has placed a freeze or block on the consumer's
account; and a consumer for whom enrollment in the CCA program would
interfere with a choice the consumer had already made to take service
pursuant to a special rate. For the avoidance of doubt, a default
customer must reside or be otherwise located at one or more locations
within the geographic boundaries of the municipality, as such boundaries
exist as of the date the supply contract goes into effect.
Local renewable energy projects, community-distributed generation
(e.g., shared solar), peak demand management, energy efficiency, demand
response, energy storage, community resilience micro-grid projects,
and other innovative Reforming the Energy Vision ("REV") initiatives
of the State of New York that further engage and/or reduce cost of
service for participating customers, optimize system benefits, and/or
address infrastructure and demand challenges within the geography
of the CCA program.
The owner or controller of the means of distribution of the
natural gas or electricity in the municipality. The distribution utility
also serves as the default supplier of electricity and natural gas
preceding the establishment of a CCA program.
An entity duly authorized to conduct business in the State
of New York as an ESCO.
The Village of South Nyack.
Default customers of the CCA program who have not opted out,
and non-default customers of any service class who have voluntarily
enrolled in the CCA program.
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.
The New York State Public Service Commission.
An ESCO that procures electric power and/or natural gas for
participating customers in connection with this chapter or, alternatively,
a generator of electricity and/or natural gas or other entity that
procures and resells electricity or natural gas.
A contract for the supply of electric power and/or natural
gas entered into between a supplier and the municipality.
The date when electric power and/or natural gas is first
delivered to participating customers in connection with the CCA program.
A.
A community
choice aggregation program is hereby authorized by the municipality,
which the municipality may implement to the full extent permitted
by the PSC CCA Order, as set forth more fully herein.
B.
The municipality
may enter into contracts with one or more suppliers and other providers
of services on behalf of participating customers.
C.
The municipality
may enter into agreements and contracts with other municipalities,
nonprofits, consultants, and/or other third parties to:
D.
The operation
and ownership of the utility service shall remain with the distribution
utility. The municipality's participation in the 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 shall
not furnish any type of utility service, but will instead negotiate
with suppliers on behalf of participating customers.
E.
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.
All default
customers shall be enrolled on an opt-out basis. Default customers
will have the right to opt out before the supply contract goes into
effect, or disenroll any time thereafter with no penalty. Default
customers who do not opt out before the supply contract goes into
effect will be enrolled automatically.
B.
All non-default
customers within the municipality, regardless of service class, shall
be eligible to participate in the CCA program on an opt-in basis.
C.
The CCA
Administrator 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, this chapter, and the PSC CCA Order.
A.
The CCA
Administrator shall cause the mailing of a program notification letter,
printed on municipal letterhead, to default customers at least 30
days prior to customer enrollment. The letter shall include information
on the CCA program and the supply contract signed with the selected
supplier(s), including specific details on rates, services, contract
term, and methods for opting out of the CCA program. The letter shall
explain that default customers who do not opt out will be enrolled
in the CCA program under the supply contract terms and that information
on those customers, including energy usage data, will be provided
to the ESCO.
B.
After the
initial thirty-day opt-out period, all participating customers shall
have the option to disenroll from the CCA program at any time without
penalty.
A.
The CCA
Administrator may request aggregated data and customer-specific data
from the distribution utility.
B.
Customer-specific
data shall be protected in a manner compliant with, collectively:
(1)
All national,
state and local laws, regulations and other government standards relating
to the protection of information that identifies or can be used to
identify an individual default customer or participating customer
that apply with respect to the municipality's or its representative's
processing of confidential utility information;
(2)
The
distribution utility's internal requirements and procedures relating
to the protection of information that identifies or can be used to
identify an individual default customer or participating customer
that apply with respect to the municipality's or its representative's
processing of confidential utility information; and
(3)
The
PSC CCA Order and PSC rules, regulations and guidelines relating to
confidential data.
C.
The CCA
Administrator shall enter into an agreement with the distribution
utility that obligates each party to meet the above provisions of
this section.
The CCA Administrator may collect, or cause to be collected,
funds from participating customer payments to pay for administrative
costs associated with operating the CCA program.
A.
The CCA
Administrator shall prepare and file with the Village Board of the
municipality an annual report by March 31 of each year concerning
the operations of the CCA program for the previous calendar year.
B.
Each annual
report shall include, at a minimum, the following: number of participating
customers served; number of participating customers cancelling; number
of complaints received; commodity prices paid; value-added services
provided (e.g., installation of DER or other clean energy services);
and administrative costs collected. The first annual report shall
also include the number of customers who opted out in response to
the initial opt-out letter or letters.
C.
If a supply
contract will expire less than one year following the filing of an
annual report, the report shall describe current plans for soliciting
a new supply contract, negotiating an extension, or terminating the
CCA program.
This chapter shall be effective immediately upon being filed
with the New York State Secretary of State.
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.
