[HISTORY: Adopted by the Board of Trustees of the Village
of Victor 3-18-2019 by L.L. No.
2-2019. Amendments noted where applicable.]
A.
It is the policy of both the Village of Victor ("municipality") and
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, as defined below). Among the
initiatives that may advance these objectives in New York is Community
Choice Aggregation (CCA), a policy that empowers local governments
to determine 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 remains the responsibility
of the distribution utility.
B.
This chapter establishes the authority for the Village of Victor,
in connection with the implementation of a CCA program, to acquire
utility data, to select, through competitive solicitation, energy
supplier(s) on behalf of default consumers within the jurisdictional
boundaries of the village, and to maximize value for participating
consumers through enhanced services related to DER. The municipality
may choose to collaborate with other local governments to form an
intermunicipal program. As a result, consumers will 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 an
important public purpose.
C.
The Village of Victor is authorized to implement this Community Choice
Aggregation Program pursuant to Section 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, to the extent that orders related to Case No.
14-M-0224 enable actions by the municipality.
D.
This chapter shall be known and may be cited as the "Energy Aggregation
Law of the Village of Victor."
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:
Aggregated and anonymized information 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 administrator selected by the Village Board of Trustees,
duly authorized to request aggregated and customer specific data,
competitively solicit suppliers for the aggregated demand for electricity
and/or natural gas on behalf of default consumers, and to offer participating
consumers additional opportunities to participate or enroll in programs
or projects related to distributed energy resources. CCA Administrator
is responsible for program organization, administration, procurement,
communications, and for meeting all requirements for program implementation
specified in the PSC CCA order, unless otherwise specified.
Customer-specific information, personal data and utility
data for all default consumers, 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.
Customers of electricity and/or natural gas within opt-out
eligible service classes (as delineated in the PSC CCA order), who
receive supply service from the distribution utility as of the date
the supply contract goes into effect, or consumers within these service
classes that subsequently become eligible to participate in the program,
including those that have terminated a supply contract with an ESCO,
removed a freeze or block on their account, have voluntarily suspended
service pursuant to a special rate, or are new residents of the municipality.
Consumers within opt-out eligible service classes, as of the date
the supply contract goes into effect, taking service from an ESCO,
those that have placed a freeze or block on their account, and those
for whom enrollment in the CCA program would interfere with a choice
they have already made to take service pursuant to a special rate,
are not considered default consumers and will not be enrolled on an
opt-out basis. For the avoidance of doubt, all default consumers 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 with the 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 microgrid projects,
and other innovative Reforming the Energy Vision (REV) initiatives
that further engage and/or reduce cost of service for participating
consumers, optimize system benefits, and/or address infrastructure
and demand challenges within geography of the CCA.
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.
Default consumers who have not opted out, and non-default
consumers of any service class that have voluntarily enrolled in the
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."
New York State Public Service Commission.
An ESCO that procures electric power and natural gas for
participating consumers 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 program is hereby authorized by the
municipality, whereby the municipality may implement a CCA program
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
for electric and/or natural gas supply and other services on behalf
of default consumers.
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
a 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 will not furnish any type of utility service, but will
instead negotiate with suppliers on behalf of participating consumers.
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 consumers shall be enrolled on an opt-out basis. Default
consumers will have the right to opt out before the supply contract
goes into effect, or disenroll any time thereafter with no penalty.
Those that do not opt out before the supply contract goes into effect
will be enrolled automatically.
B.
All non-default consumers within the municipality, regardless of
service class, shall be eligible to participate in the CCA program
on an opt-in basis.
C.
CCA Administrator, on behalf of the Village of Victor, 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.
A.
A program notification letter, printed on municipal letterhead, shall
be mailed to default consumers at least 30 days prior to customer
enrollment. The letter shall include information on the CCA program
and the 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 consumers that
do not opt out will be enrolled in the program under the contract
terms and that information on those consumers, including energy usage
data and APP status, will be provided to the ESCO.
B.
After the thirty-day opt-out period, all consumers shall have the
option to disenroll from the CCA program at any time without penalty.
A.
The municipality, or CCA Administrator, on its behalf, 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 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 municipality
or its representative's processing of confidential utility information;
(2)
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 municipality 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.
For the purpose of protecting customer data, the municipality must
enter into an agreement with the distribution utility that obligates
each party to meet, collectively:
(1)
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 default consumer or participating consumer
with respect to the CCA Administrator 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 individual default consumer or participating consumer with
respect to the CCA Administrator 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.
The municipality or CCA Administrator may collect, or cause
to be collected, funds from customer payments to pay for administrative
costs associated with running the CCA program.
A.
Annual reports shall be filed with the Board of Trustees of the municipality
by March 31 of each year and cover the previous calendar year.
B.
Annual reports shall include, at a 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.
If a CCA supply contract will expire less than one year following
the filing of the annual report, the report must identify current
plans for soliciting a new contract, negotiating an extension, or
ending the CCA program.
This chapter 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.
