[HISTORY: Adopted by the Board of Trustees of the Village
of New Paltz 4-24-2019 by L.L. No. 3-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded former Ch. 97,
Community Choice Aggregation (Energy) Program, adopted 4-10-2019 by
L.L. No. 2-2019.
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 CCA Program, as described to the Village of New
Paltz by the Administrator, is to allow participating local governments,
including the Village 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 Village 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 Village of New Paltz is hereby authorized to participate in a
Community Choice Aggregation (Energy) 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, 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").
D.
This chapter shall be known and may be cited as the "Community Choice
Aggregation (Energy) Program Law" of the Village of New Paltz.
For the 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 State not-for-profit corporation to be determined
annually by the New Paltz Village Board of Trustees.
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 Village of New Paltz.
Owner of 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 Village of New Paltz, whereby the Village of New Paltz 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 Village of New Paltz'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 Village of New Paltz'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 Village of New
Paltz 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 Village of New Paltz shall
adopt one or more resolutions that outline the process of and conditions
for participation in the CCA Program, as consistent with the chapter
and the order. The Village shall adopt the following policies and
agreements consistent with the order: an implementation plan; a data
protection plan; a data security agreement; and a certification of
local authority (collectively, the "policies"). The policies shall
be adopted, submitted, amended, supplemented and filed in accordance
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, on behalf of the Village of New Paltz, 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.
B.
The terms of the supplier contracts ("CCA contract") shall comply
with the order.
A.
The Administrator shall provide information and education to potential
CCA customers over no less than a two-month period.
B.
The Village of New Paltz 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 Village of New
Paltz provided the Public Service Commission has approved the policies.
B.
Provided the Administrator has complied with the requirements of
Subsection (A), 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.
