[§ 1, L.L. No.
6-2019; § 1, L.L. No.
6-2021]
A.
It is the policy of both the City of Rochester
and the State of New York to reduce costs and provide cost certainty
for the purpose of economic development, to promote 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 eligible consumers
in those markets. One of the ways to advance those policies in New
York is Community Choice Aggregation ("CCA"), which allows local governments
to determine the default supplier of electricity on behalf of eligible
consumers.
B.
The purpose of CCA is to allow participating
local governments to procure energy supply service for eligible consumers,
who will have the opportunity to opt out of the procurement, while
maintaining transmission and distribution service from the existing
distribution utility. This Part establishes a program (the "CCA Program")
that will allow the City and other local governments to work together
through a shared purchasing model to put out for bid the total amount
of electricity being purchased by eligible consumers within the jurisdictional
boundaries of participating municipalities. Eligible consumers 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 Part and fulfilling an important public
purpose.
C.
The City is authorized to implement this
CCA Program pursuant to § 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 (issued April 21, 2016) as may
be amended, including subsequent orders of the Public Service Commission
(PSC) 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 City.
D.
This Part shall be known and may be cited
as the "Community Choice Aggregation Energy Program Law of the City
of Rochester."
[§ 1, L.L. No.
6-2019; § 1, L.L. No.
6-2021]
For purposes of this Part, and unless
otherwise expressly stated or unless the context otherwise requires,
the terms in this Part 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 the number
of consumers by service class, the aggregated peak demand (kW) for
electricity by month for the past 12 months, by service class to the
extent possible, and the aggregated energy (kWh) for electricity by
month for the past 12 months by service class.
City of Rochester or a third-party CCA administrator duly
authorized to put out for bid the total amount of electricity being
purchased by participating consumers. The CCA Administrator is responsible
for program organization, administration, procurement, and communications,
unless otherwise specified.
Customer-specific information, personal data and utility
data for all consumers in the City eligible for opt-out treatment
based on the terms of PSC CCA Order and the CCA Program design, 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.
An agreement between the distribution utility and the City
that obligates each party to meet, collectively, (i) 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 eligible consumer with respect to the CCA Administrator
or its representative's processing of confidential utility information;
(ii) the distribution utility's internal requirements and procedures
relating to the protection of information that identifies or can be
used to identify individual eligible consumers with respect to the
CCA Administrator or its representative's processing of confidential
utility information; and (iii) the PSC CCA Order and PSC rules, regulations
and guidelines relating to confidential data.
Supply service provided by the distribution utility to consumers
who are not currently receiving service from an ESCO. Eligible consumers
within the City that receive default service, and have not opted out,
will be enrolled in the CCA Program as of its effective date.
Local renewable energy projects, shared renewables like community
solar, energy efficiency, demand response, energy management, energy
storage, microgrid projects, and other innovative approaches of the
state's Reforming the Energy Vision (REV) regulatory initiative that
optimize system benefits, target and address load pockets/profile
within the CCA's zone, and reduce cost of service for participating
consumers.
Owner or controller of the means of distribution of electricity
that is regulated by the Public Service Commission.
Eligible customers of electricity who receive default service
from the distribution utility as of the CCA Program's effective date,
or new consumers that subsequently become eligible to participate
in the CCA Program, at one or more locations within the geographic
boundaries of the City, except those consumers who receive default
service and have requested not to have their account information shared
by the distribution utility. For the avoidance of doubt, all eligible
consumers must reside or be otherwise located at one or more locations
within the geographic boundaries of the City, as such boundaries exist
on the effective date of the ESA.
An entity duly authorized to conduct business in the State
of New York as an energy services company.
An agreement between an energy customer and an ESCO to provide
electricity to the customer for a fixed or variable price.
Consumers of electricity that become eligible consumers after
the effective date of the ESA, including those that opt in or move
into the City.
Eligible consumers enrolled in the CCA Program, either because
they are consumers who receive default service from the distribution
utility as of the CCA Program's effective date and have not opted
out, or are new consumers.
The group responsible for initiating and organizing the CCA
Program. This group will typically secure buy-in from local governments
and engage in preliminary outreach and education around CCA. The program
organizer may be a nonprofit organization, local government, or other
third party. The program organizer and the CCA Administrator may be
the same.
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.
ESCOs that procure electric power for eligible consumers
in connection with this Part or, alternatively, generators of electricity
or other entities who procure and resell electricity.
[§ 1, L.L. No.
6-2019; § 1, L.L. No.
6-2021]
A.
A Community Choice Aggregation (Energy)
Program is hereby authorized to be established by the City, whereby
the City may implement a CCA Program to the full extent permitted
by the PSC CCA Order, as set forth more fully herein.
B.
The City may act as aggregator or broker
for the sale of electric supply to eligible consumers and may enter
into contracts with one or more suppliers for energy supply and other
services on behalf of eligible consumers.
C.
The City may enter into agreements and
contracts with other municipalities, nonprofits, consultants, and/or
other third parties to (i) develop and implement the CCA Program,
(ii) act as CCA Administrator, and/or (iii) develop offers of opt-in
distributed energy resources (DER) products and services to participating
consumers, including opportunities to participate in local renewable
energy projects, shared solar, energy efficiency, microgrids, storage,
demand response, energy management, and other innovative Reforming
the Energy Vision (REV) initiatives and objectives designed to optimize
system benefits, target and address load pockets/profile within the
CCA zone, and reduce costs for CCA customers.
D.
The operation and ownership of the utility
service shall remain with the distribution utility. The City's participation
in a CCA Program constitutes neither the purchase of a public utility
system, nor the furnishing of utility service. The City shall not
take over any part of the electric transmission or distribution system
and will not furnish any type of utility service, but will instead
negotiate with suppliers on behalf of participating consumers.
[§ 1, L.L. No.
6-2019; § 1, L.L. No.
6-2021]
A.
All consumers within the City, including
residential and nonresidential, regardless of size, shall be eligible
to participate in the CCA Program.
B.
All consumers who are customers of the
Rochester Gas and Electric Corporation shall be enrolled on an opt-out
basis except for consumers i) that are already taking service from
an ESCO, ii) that have placed a freeze or block on their account,
or iii) for whom inclusion in the CCA Program will interfere with
a choice the customer has already made to take service pursuant to
a special rate. Those consumers may be enrolled on an opt-in basis.
C.
New consumers shall be enrolled on an opt-out
basis.
[§ 1, L.L. No.
6-2019; § 1, L.L. No.
6-2021]
A.
An opt-out letter, printed on municipal
letterhead, shall be mailed to eligible consumers at least 30 days
prior to customer enrollment. The opt-out letter shall include information
on the CCA Program and the contract signed with the selected ESCO,
including specific details on rates, services, contract term, cancellation
fee, and methods for opting out of the CCA Program. The letter shall
explain that consumers that do not opt out will be enrolled in ESCO
service under the contract terms and that information on those consumers,
including energy usage data and APP status, will be provided to the
ESCO.
B.
All consumers shall have the option to
opt out of the CCA Program at any time without penalty.
C.
Termination fees shall not be charged to
consumers that cancel their CCA service as a result of moving out
of the premises served.
[§ 1, L.L. No.
6-2019; § 1, L.L. No.
6-2021]
Participating consumers shall be
provided customer service, including a toll-free telephone number
available during normal business hours (9:00 a.m. to 5:00 p.m. Eastern
time, Monday through Friday) to resolve concerns, answer questions,
and transact business with respect to the service received from the
supplier.
[§ 1, L.L. No.
6-2019; § 1, L.L. No.
6-2021]
A.
The City may request aggregated data and
customer-specific data from the distribution utility; provided, however,
that the request for customer-specific data is limited to only those
eligible consumers who did not opt out once the initial opt-out period
has closed.
B.
Customer-specific data shall be protected
in a manner compliant with, collectively, (i) 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 City or its
representative's processing of confidential utility information; (ii)
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 City or its representative's
processing of confidential utility information; and (iii) the PSC
CCA Order and PSC rules, regulations and guidelines relating to confidential
data.
C.
The City must enter into a data security
agreement with the distribution utility for the purpose of protecting
customer data.
[§ 1, L.L. No.
6-2019; § 1, L.L. No.
6-2021]
The City may collect, or cause to
be collected, funds from customer payments to pay for administrative
costs associated with running the CCA Program.
[§ 1, L.L. No.
6-2019; § 1, L.L. No.
6-2021]
A.
Annual reports shall be filed with the
City Council 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.
[§ 1, L.L. No.
6-2019; § 1, L.L. No.
6-2021]
The invalidity or unenforceability
of any section, subsection, paragraph, sentence, clause, provision,
or phrase of the aforementioned sections in this Part, 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.
