[HISTORY: Adopted by the Town Board of the Town of Ballston 5-12-2020 by L.L. No. 2-2020;[1] amended in its entirety 4-27-2021 by L.L. No. 1-2021.
Subsequent amendments noted where applicable.]
[1]
Editor's Note: This local law was originally adopted as Ch.
139 but was renumbered to maintain the alphabetical organization of
the Code.
A.
It is the policy of both the Town of Ballston and the State of New
York to seek to reduce the cost of natural gas and electricity to
its residents and provide cost certainty for the purpose of economic
development, to promote deeper penetration of energy efficiency and
renewable energy resources such as solar, and wider development 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. Among the policies and models that may offer benefits
in the State of New York is Community Choice Aggregation (CCA), which
allows local governments to determine the default supplier of electricity,
natural gas, and other energy resources on behalf of eligible consumers.
B.
The purpose of this CCA Program is to allow participating local governments,
including the Town of Ballston, to procure electricity, natural gas
supply service, and/or distributed energy resources on behalf of their
residential and qualifying commercial customers while maintaining
transmission and distribution service from the existing distribution
utility. Residential and qualifying commercial customers will have
the opportunity to opt out of any approved CCA Program.
C.
This chapter establishes the authority for the Town, 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 Town; and to maximize
value for participating customers through enhanced services related
to distributed energy resources. The Town may choose to collaborate
with other local governments to form an intermunicipal CCA Program.
By establishing a CCA Program, participating customers 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.
D.
The Town of Ballston is hereby authorized to participate in a Community
Choice Aggregation 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
New York Public Service 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. 14M-0224, to the extent that orders related
to Case No. 14-M-0224 enable actions by the Town of Ballston.
E.
This chapter shall be known and may be cited as the "Community Choice
Aggregation Program Law" of the Town of Ballston.
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 Town of Ballston or third-party CCA Administrator duly
authorized by the Town Board of the Town of Ballston 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, either on an opt-in or opt-out basis. 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, for purposes of the supply portion of a CCA Program, 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 Town 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; provided that receiving electricity or natural gas service from
an ESCO shall not prevent an otherwise eligible resident from participating
in a DER program on either an opt-in or opt-out basis. 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 Town,
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 microgrid 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 and/or electricity in the Town. The distribution utility
also serves as the default supplier of electricity and natural gas
preceding the establishment of a CCA Program.
An entity eligible to sell energy services to end-use customers
using the transmission or distribution system of a utility corporation
and duly authorized to conduct business in the State of New York.
An agreement between the Town of Ballston and one or more
municipalities to undertake a CCA Program pursuant to the terms of
a local law adopted by each such municipality and the provisions of
the PSC CCA Order.
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
No. 14-M-0224, "Proceeding on Motion of the Commission to Enable Community
Choice Aggregation Programs," as it may be amended, including subsequent
orders of the Public Service Commission issued in connection with
or related to Case No. 14-M-0224.
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 another 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 Town.
The date when electric power and/or natural gas is first
delivered to participating customers in connection with the CCA Program.
The Town of Ballston and the area within the geographical
boundaries thereof, excluding the lands comprising any village.
A.
A Community Choice Aggregation Program is hereby authorized by the
Town, which the Town may implement to the full extent permitted by
the PSC CCA Order, as set forth more fully herein.
B.
The Town may enter into agreements and contracts with other municipalities,
nonprofits, consultants, and/or other third parties to:
C.
The Town may enter into contracts with one or more suppliers and
other providers of services on behalf of participating customers,
including, without limitation, participating customers of another
municipality to the extent permitted by an intermunicipal agreement.
D.
The operation and ownership of the utility service shall remain with
the distribution utility. The Town's participation in the CCA
Program constitutes neither the purchase of a public utility system,
nor the furnishing of utility service. The Town 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 for electricity or natural
gas supply service 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 Town, regardless of service
class, shall be eligible to participate in the CCA Program on an opt-in
basis.
C.
The CCA Administrator, on behalf of the Town of Ballston, 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 Town of Ballston 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 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 as permitted by the PSC CCA Order.
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 default customer or participating
customer that apply with respect to the Town 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 Town or its representative's processing
of confidential utility information as provided in a data security
agreement to be executed in the form authorized by PSC;
(3)
The PSC CCA Order and PSC rules, regulations and guidelines relating
to confidential data.
C.
The Town, and/or its 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. If the CCA Administrator
is other than the Town, such fees shall be in accordance with an agreement
executed with the Town and consistent with the implementation plan
and data protection plan approved by the Public Service Commission
for the CCA.
A.
The CCA Administrator shall prepare and file with the Town Board
of the Town of Ballston 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.
