[HISTORY: Adopted by the Town Board of the
Town of Niskayuna 8-27-2019 by L.L. No. 1-2019. Amendments noted where
applicable.]
A.Â
It is the policy of both the Town of Niskayuna (the "Town") and the
State of New York to reduce costs and provide cost certainty for the
purpose of economic development, to promote deeper penetration of
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. Among the
policies and models that may offer benefits in New York is Community
Choice Aggregation ("CCA"), which allows local governments to determine
the default supplier of electricity and natural gas on behalf of eligible
consumers.
B.Â
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
chapter establishes a program ("CCA Program") that will allow the
Town 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 chapter and fulfilling an important public purpose.
C.Â
The Town is authorized to implement this CCA Program pursuant to
§ 10, Subdivision 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 Town.
D.Â
This chapter of the Code shall be known and may be cited as the "Community
Choice Aggregation Program Law."
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:
Shall include 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.
Participants in utility low-income assistance programs.
The Town or third-party administrator duly authorized to
put out for bid the total amount of energy being purchased by participating
consumers. CCA Administrators are responsible for CCA Program organization,
administration, procurement, and communications, unless otherwise
specified. A third-party administrator can be retained by the Town
via a separate CCA Administration Agreement, adopted by resolution
of the Town Board.
Customer contact information to send opt-out letters, and
shall include data for all consumers in the Town eligible for opt-out
treatment based on the terms of PSC CCA Orders and the CCA Program
design, including the customer of record's name, mailing address,
and primary language, if available, and any customer-specific alternate
billing name and address.
An agreement between the distribution utility and the Town
or third-party CCA Administrator 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 energy service company
(ESCO). Eligible consumers within the Town 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 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 Town,
except those consumers who receive default service and have requested
not to have their account information shared by the distribution utility,
or customers otherwise excluded from automatically participating based
on the rules of the CCA Orders. 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 Town, as such boundaries exist
on the effective date of the Energy Supply Agreement.
A third-party energy supplier eligible to sell electricity,
natural gas and/or energy-related value-added services to customers
in New York State, utilizing the transmission and distribution systems
of existing utilities. ESCOs are regulated by the New York State Department
of Public Service and the New York State Public Service Commission,
and must comply with the New York State Public Service Law.
An agreement between an energy customer and an energy services
company (ESCO) to provide electricity or gas service 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 Town.
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, 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."
New York State Public Service Commission.
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.Â
A Community Choice Aggregation (Energy) Program is hereby established
by the Town Board of the Town of Niskayuna, whereby the Town may implement
a CCA Program to the full extent permitted by the PSC CCA Order, as
set forth more fully herein.
B.Â
The Town or third-party administrator 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.Â
The Town 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 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.Â
The operation and ownership of the utility service shall remain with
the distribution utility. The Town's participation in a 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 transmission or distribution system and will not furnish
any type of utility service, but will instead negotiate with suppliers
on behalf of participating consumers.
A.Â
All consumers within the Town, including residential and nonresidential,
regardless of size, shall be eligible to participate in the CCA Program.
B.Â
All consumers that are members of utility service classes eligible
for inclusion in the CCA Program on an opt-out basis, as set forth
in the NYSPSC Order Authorizing Framework for Community Choice Aggregation
Opt-Out Program, Appendix C, or as otherwise specified by the Commission,
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.Â
New consumers shall be enrolled on an opt-out basis.
A.Â
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.Â
All consumers shall have the option to opt out of the CCA Program
at any time without penalty.
C.Â
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 to resolve concerns, answer
questions, and transact business with respect to the service received
from the supplier.
A.Â
The Town, third-party administrator or supplier may request aggregated
data, customer-specific data and detailed customer information from
the distribution utility; provided, however, that the request for
detailed customer information is limited to only those eligible consumers
who did not opt out once the initial opt-out period has closed.
B.Â
All 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 Town 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 Town
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.Â
The Town or third-party administrator must enter into a data security
agreement with the distribution utility for the purpose of protecting
customer data.
A.Â
A CCA Advisory Group is hereby established to develop and review
CCA-related proposals, assist the Town or third-party administrator
in awarding said proposals, and forward information regarding such
awards to the Town Board of the Town of Niskayuna for ratification.
B.Â
Membership to the CCA Advisory Group shall include but is not limited
to the Town Planner and Town Comptroller.
The Town or third-party administrator may collect, or cause
to be collected, funds from customer payments to pay for administrative
costs associated with running the CCA Program.
A.Â
Annual reports shall be filed with the NYSPSC Secretary by March
31 of each year and cover the previous calendar year.
B.Â
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.Â
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 take effect upon the filing with the Department
of State pursuant to § 27 of the Municipal Home Rule Law.
