[HISTORY: Adopted by the Town Board of the Town of Gardiner 3-10-2020 by L.L. No. 2-2020. Amendments noted where applicable.]
A.
It is the intent of the Town of Gardiner to establish a Community
Choice Aggregation ("CCA") Program to aggregate the energy supply
needs of residents and small commercial enterprises, 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 customers to obtain stable, lower-cost energy
prices, as well as environmental benefits and a community-based solution
to meeting our collective energy needs. The purpose of this chapter
is two-fold: to establish a CCA Program in the Town of Gardiner and
to adopt certain provisions relating to the creation and implementation
of the CCA Program.
B.
New York State's energy industry is amid 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.
C.
As part of this REV initiative, the New York State Public Service
Commission ("Commission"), on April 21, 2016, adopted an order authorizing
towns, villages and cities within the state to create Community Choice
Aggregation Programs, by themselves or in concert with other municipalities
(hereinafter "commission order authorizing CCAs"), and/or to retain
a CCA Administrator to implement the program and negotiate ESAs.
D.
CCA Programs allow communities to take control of their energy supply
through an open, transparent and competitive electric supply procurement
process driven by the consumers themselves.
E.
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
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. For low-income
customers, consistent with the commission order authorizing CCAs,
and subsequent orders related thereto, the CCA Program must also offer
a cost-savings guarantee when compared with service offered through
the distribution utility.
F.
The Town of Gardiner has explored CCA and believes it would provide
numerous benefits in this community, enhancing the public welfare
and making energy more affordable and costs more predictable for its
residents.
G.
Therefore, the Town of Gardiner authorizes the creation of an opt-out
CCA Program pursuant to rules of the Commission in this community
for the provision of electric supply service, as well as other high
priority energy related value added services as may be determined
to meet the community's goals.
H.
The Town 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 municipality.
I.
This chapter shall be known and may be cited as the Community Choice
Aggregation (Energy) Program Law of the municipality.
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 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.
Shall be duly authorized to put out for bid the total amount
of electricity being purchased by participating consumers. CCA Administrator
is responsible for program organization, administration, procurement,
and communications, unless otherwise specified. The CCA Administrator
is responsible for ensuring and tracking compliance with Public Service
Commission requirements applicable to CCA Programs, including reporting
requirements. The Town may retain a CCA Administrator to oversee and
operate its CCA Program consistent with the Commission's rules
and with this chapter, as well as any CCA administration agreement
executed between the Town and the CCA Administrator.
Customer specific information, personal data and utility
data for all consumers in the municipality 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. The CCA Administrator
shall take all reasonable steps to protect customer specific data
from unauthorized release or improper use, in accordance with the
terms of the CCA administration agreement, any data security agreement
executed in relation to the Town's CCA Program, and any other
relevant rules regarding customer data protection.
An agreement between the distribution utility and the CCA
Administrator and/or the municipality which obligates each party to
meet, collectively, 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; the distribution utility's
internal requirements and procedures relating to the protection of
information that identifies or can be used to identify individual
eligible consumer with respect to the CCA Administrator or its representative's
processing of confidential utility information; and the PSC CCA Order
and any other applicable PSC rules, regulations, orders, rulings,
and guidelines relating to CCA Programs and/or confidential data.
Supply service provided by the distribution utility to consumers
who are not currently receiving service from an energy service company
(ESCO). Eligible consumers within the municipality that receive default
service, and have not opted out, will be enrolled in the Program as
of the effective date.
Local renewable energy projects, shared renewables like community
solar, energy efficiency, demand response, energy management, energy
storage, microgrid projects and other innovative Reforming the Energy
Vision (REV) initiatives 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 the electricity
that is regulated by the Public Service Commission.
Eligible customers of electricity who receive default service
from the distribution utility as of the effective date, or new consumers
that subsequently become eligible to participate in the Program, at
one or more locations within the geographic boundaries of the municipality,
except those consumers who receive default service and have requested
not to have their account information shared by the distribution utility.
Customers who are not receiving default service from the distribution
utility, but who wish to voluntarily opt in to the CCA Program are
also eligible consumers. 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 municipality, 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 ESCO.
Consumers of electricity that become eligible consumers after
the effective date of the ESA, including those that opt in or move
into the municipality.
Eligible consumers enrolled in the Program, either because
they are consumers who receive default service from the distribution
utility as of the effective date and have not opted out, because they
are eligible consumers who voluntarily opted into the program, or
are new consumers.
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" and as amended by the Commission.
New York State Public Service Commission which regulates
the generation, distribution and sale of public utility services in
New York State.
ESCOs that procure electric power for eligible consumers
in connection with this chapter or, alternatively, generators of electricity,
or other entities who procure and resell electricity.
A.
A Community Choice Aggregation (CCA) Program is hereby established
by the municipality, whereby the municipality shall cooperate with
the Administrator to implement a CCA Program to the full extent permitted
by the PSC CCA Order and any related regulations, orders, or guidelines;
the CCA administration agreement, and this chapter, as set forth more
fully herein.
B.
The municipality's role under the CCA Program involves approval
of this chapter authorizing the aggregating of the electric supply
for its residents and retaining a CCA Administrator to implement CCA
and operate the CCA Program. The CCA Administrator will solicit and
evaluate bids for energy services to the CCA Program, then recommend
for the Town's approval a contract(s) with one or more suppliers
for the procurement of electricity supply for its residential and
small commercial customers. Under the CCA Program, the operation and
ownership of the utility service, and distribution of the energy supplied,
shall remain with the distribution utility.
C.
The municipality may enter into agreements and contracts with other
municipalities, nonprofits, consultants, and/or other third parties
to develop and implement the CCA Program, act as CCA Administrator,
and/or 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 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, through the Administrator, on behalf
of participating consumers.
E.
In order to implement the CCA Program, the municipality shall adopt
one or more resolutions that outline the process of and conditions
for participation in the CCA Program, as consistent with the chapter.
The municipality, in cooperation with and/or through the Administrator,
shall adopt the following policies and agreements: a CCA 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 with the Commission
in accordance with the order before the CCA Program may commence.
A.
All consumers within the municipality, including residential and
nonresidential, (except to the extent limited by the CCA Order), shall
be eligible to participate in the CCA Program.
B.
All consumers shall be enrolled on an opt-out basis except for consumers
that are already taking service from an ESCO, that have placed a freeze
or block on their account, or 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. If these consumers
are to be enrolled on an opt-out basis, the Administrator shall mail
them an opt-out letter.
D.
The initial opt-out period when the CCA is established must be at
least 30 days. When a new consumer becomes eligible, that new consumer
must be given at least 30 days from the date of notification of eligibility
to opt out. The CCA Administrator shall be responsible for making
such notification of eligibility.
E.
For low-income consumers whose energy bills are paid by a social
services organization, the social services organization may opt out
on the consumer's behalf. However, the consumer shall be notified
of the option to opt out and shall be provided additional information
by the CCA Administrator at that consumer's request.
A.
The Administrator, on behalf of the municipality, 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. The CCA Administrator shall be responsible for serving
any notices required to the Town and/or CCA Program participants prior
to execution of contract(s) for supply.
A.
The Administrator shall provide information and education to potential
CCA customers over no less than a two-month period. At a minimum,
the CCA Administrator shall provide a website explaining the CCA Program
in plain language, and shall hold at least two informational meetings
or presentations, during formal Town Board Meetings or otherwise,
to enable interested Town residents to ask questions and seek additional
information about the CCA Program.
B.
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, will be provided to the ESCO.
C.
All consumers shall have the option to opt-out of the CCA Program
at any time without penalty.
D.
Termination fees shall not be charged to consumers that cancel their
CCA service as a result of moving out of the premises served.
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. At the Town's request,
the CCA Administrator shall provide information regarding available
customer service opportunities, including but not limited to reports
related to customer service inquiries, complaints, and the resolution
of those complaints.
A.
The municipality and/or Administrator 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. The CCA Administrator shall assume responsibility
for the gathering of sufficient customer specific data to ensure that
customers reside with the Town, and that appropriate customers receive
opt-out notices during the opt-out period.
B.
Customer specific data shall be protected in a manner compliant with,
collectively, all federal, 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; 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 CCA Administrator's processing of confidential
utility information, including any executed data security agreement
(DSA); and the PSC CCA Order and PSC rules, regulations and guidelines
relating to confidential data, and the data protection plan adopted
for this CCA Program.
C.
The municipality, the Administrator, and the contracted supplier
will protect customer information as required by law, subject to the
order, applicable data security agreement(s), and the limitations
of the New York State Freedom of Information Law.
A.
A CCA Advisory Group is hereby established to develop and review
CCA related proposals, act as the municipality's agent in awarding
said proposals, and forward information regarding such awards to the
Town Board of Gardiner for ratification.
B.
Membership to the CCA Advisory Group shall include members of the
Town Board of Gardiner and Climate Smart Gardiner.
The municipality and/or CCA Administrator may collect, or cause
to be collected, funds from customer payments to pay for reasonable
administrative costs associated with running the CCA Program.
A.
Annual reports shall be filed with the Town Board of the municipality
by March 31 of each year and cover the previous calendar year. The
CCA Administrator shall be responsible for ensuring that reporting
required by the Commission is made on behalf of the CCA Program, on
whatever timeline is established by the Commission, and/or as otherwise
necessary or appropriate.
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 filing in the
office of the New York State Secretary of State in accordance with
Section 27 of the Municipal Home Rule Law.
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.
All ordinances, local laws, and parts thereof inconsistent with
this chapter are hereby repealed.
