[HISTORY: Adopted by the Board of Trustees of the Village
of Owego as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-22-2019 by L.L. No.
1-2019]
It is the intent of the Village of Owego to establish a Community
Choice Aggregation ("CCA") Program to aggregate the energy supply
needs of residents (and small commercial customers) 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 two-fold: to establish a CCA Program in the Village of
Owego and to adopt certain provisions relating to the creation and
implementation of the CCA Program.
A.
New York State's energy industry is in the midst of a significant
transition; a shift away from the old top-down, utility-centered model
toward a cleaner, more affordable, more resilient system in which
consumers and communities will have a substantial role to play. The
state's ongoing Reforming the Energy Vision ("REV") initiative
emphasizes the importance of reliability and grid-resilience, distributed
energy resources, increased renewable generation, and greater opportunity
for citizens to take an active role in helping the state reach its
energy goals and in making more informed energy choices in their homes,
businesses and communities.
B.
As part of this REV initiative, the New York State Public Service
Commission ("NYSPSC"), on April 21, 2016, adopted an order authorizing
cities, towns and villages within the State to create Community Choice
Aggregation Programs, by themselves or in concert with other municipalities
(hereinafter "NYSPSC order authorizing CCAs"), and/or to retain a
CCA Administrator to implement the program and negotiate ESAs.
C.
CCA Programs allow communities to take control of their energy supply
through an open, transparent and competitive electric and/or gas supply
procurement process driven by the consumers themselves.
D.
A successful CCA Program offers citizens cost savings, more stable
energy prices, deterrence of deceptive marketing practices by unscrupulous
ESCOs, fair contracts negotiated directly with energy suppliers, and/or
the opportunity to pursue goals and initiatives important to the community,
such as reliability, grid resiliency, supporting renewable energy
generation, cutting greenhouse gas emissions, protecting the state's
natural resources, and improving energy efficiency.
E.
The Village of Owego has explored the CCA policy and background,
and believes it would provide numerous benefits in this community,
enhancing the public welfare and making energy more affordable and
costs more predictable for our residents.
F.
Therefore, the Village of Owego authorizes the creation of an opt-out
CCA Program pursuant to rules of the NYSPSC in this community for
the provision of electric and/or natural gas supply service, as well
as other high priority energy related value-added services as may
be determined to meet the community's goals.
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, Section 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:
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 or gas supply
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, 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[1], those customers' accounts shall be eligible to participate
on an opt-in basis, if they so desire.
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.
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.
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.
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.
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.
Reference to these terms throughout this article indicate
the Village of Owego, unless otherwise noted.
This term 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 New
York State Electric and Gas (NYSEG).
[1]
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.
Village of Owego hereby establishes a CCA Program for aggregation
of electric and/or natural gas supply to serve all eligible customers
in its jurisdiction. 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.
A.
Implementation Plan.
(1)
The Village of Owego, with support from its CCA Administrator, will
create and follow a CCA Implementation Plan which shall outline the
details of how the CCA Program will be created and operated, including
how public outreach and education will occur, what rules will apply
to the Program, how the procurement process will be implemented, how
energy contracts will be selected, and how responsibilities will be
divided amongst the CCA Administrator, municipality, and eligible
customers.
(2)
In accordance with the NYSPSC order authorizing CCAs, the CCA Implementation
Plan will be reviewed and approved by the Public Service Commission.
Such review may involve NYSPSC approval of a generic CCA implementation
plan, with the understanding that community-specific appendices would
be submitted later and would outline appropriately tailored local
education and outreach efforts.
(3)
Where a generic CCA implementation plan will be used, the Village
of Owego and the CCA Administrator will make community-specific revisions
to the plan's appendices to ensure the plan is properly tailored
to the needs of the Village of Owego's residents. Therefore,
prior to or in conjunction with the enactment of this article, and
thereafter from time to time, the Village of Owego, with support from
the CCA Administrator, will create and update a CCA Program opt-out
letter, as well as an Education and Outreach Plan, as provided in
the Implementation Plan Appendix for this community.
(4)
The Village of Owego opt-out letter and Education and Outreach Plan
shall conform to those requirements for public outreach, education,
and opt-out procedures set forth in the NYSPSC order authorizing CCAs,
and in any other applicable laws or regulations, and shall ensure
that the Village of Owego and its CCA Administrator engage in a robust
effort to educate and inform the community about the CCA Program and
their options for participating or opting out.
(5)
Opt-out letters will be provided to all automatically eligible customers
no less than 30 days prior to the time at which those customers would
be automatically enrolled in the CCA Program. The letters will be
printed on the Village of Owego letterhead, in official Village of
Owego envelopes. The logo of the CCA Administrator and selected ESCO
may also be included on these letters, so long as it is clear that
the letter is official correspondence from the Village of Owego.
B.
Public outreach and education.
(1)
The Village of Owego, together with its CCA Administrator, will provide
public notices, presentations, information sheets, and other forms
of outreach, as outlined in the Appendix of the Implementation Plan,
to ensure residents are informed about the CCA Program and their options
for participating or opting out.
(2)
Once the CCA Program is operating, the Village of Owego and its CCA
Administrator will continue to engage in public outreach to keep CCA
customers informed about any changes to the CCA Program; opportunities
for new products or services available through the CCA Program, such
as renewable energy buying options; important terms and durations
of ESAs; information about the selected ESCOs; and any other matters
related to the CCA Program.
C.
Customers moving into or out of the community after CCA adoption.
Residents and small commercial customers who establish utility accounts
in this community after the effective date of this article shall be
afforded the opportunity to join the CCA Program within a reasonable
time after their utility account is established, in accordance with
contractual agreements between the CCA Administrator any ESCO(s) providing
service to the Program.
D.
Customer data protection.
(1)
The Village of Owego, or its CCA Administrator, will create and follow
a Customer Data Protection Plan which ensures that any confidential
or sensitive personal customer information provided by the utility
to the Village of Owego, its CCA Administrator, and/or the selected
ESCO(s), will be given all privacy protections required by law and
regulation, and protected from unauthorized release or use to the
greatest extent possible. This Customer Data Protection Plan will
ensure that the CCA Program and any selected ESCO(s) handle all confidential
or sensitive customer data in keeping those customer data protections
already afforded by NYSEG prior to the enactment of this article.
(2)
This Plan will also ensure that CCA customer data, such as contact
information, is not used for inappropriate purposes, such as solicitation
of business unrelated to the CCA Program, its goals and objectives.
A.
CCA Administration Agreement. The Village of Owego will enter into
a CCA Administration Agreement with its CCA Administrator. Such agreement
will set forth the various rights and responsibilities of the parties,
and will govern the manner in which the CCA Program is run. This Agreement
shall also authorize the CCA Administrator to act as the Village of
Owego's agent for the purpose of procuring energy supply or other
energy related value-added services for CCA Program eligible customers.
B.
Customer service; complaints. The CCA Administrator will provide
the Village of Owego with clear, up-to-date contact information for
customer questions, concerns or complaints. The CCA Administrator
shall, from time to time, and/or at the request of the Village of
Owego Board, report to the Village of Owego regarding customer service
matters.
In accordance with the NYSPSC order authorizing CCAs, it shall
be the responsibility of the Village of Owego, 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 Village of Owego's CCA
Program. This shall include, but not be limited to, compliance with
any reporting requirements related to the CCA Program.
A.
The Village of Owego will, from time to time, review the CCA Program
and its progress to determine how the program is faring, confirm it
is affording benefits to the community, and provide information to
the public thereon.
B.
As the expiration of its ESA(s) approaches, or in the event an ESCO
provides notice of its intention to terminate an ESA (where authorized
by the terms of that ESA), the Village of Owego may consider whether
it wishes to discontinue the CCA Program. Dissolution of the CCA Program
will require:
(1)
Enactment of a local law amending or repealing this article;
(2)
Lawful termination of ESAs in accordance with their terms;
(3)
Lawful termination of the CCA Administration Agreement, in accordance
with its terms; and
(4)
At least 60 days' notice to customers that their energy services
will be automatically returned to NYSEG, an effective date upon which
such a change would occur, and information on what other options may
be available to those customers, if applicable.
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 Village 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 Village 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.
This article shall take effect upon the filing with the Secretary
of State.
