It is the intent of the Town of Guilderland (Town) to establish
a Community Choice Aggregation (CCA) Program to aggregate the energy
supply needs of residents and eligible small business owners and to
negotiate and enter into energy supply agreements (ESA) with energy
service companies (ESCO) on behalf of eligible residents to obtain
stable, lower-cost energy prices and environmental benefits to meet
the Town's collective energy needs.
The NYSPSC order empowers the Town to create a CCA Program.
New York State Municipal Home Rule Law, Article 2, § 10,
authorizes the Town to adopt general laws relating to its property,
affairs and government, the protection and enhancement of its physical
and visual environment, the protection and well-being of persons within
the Town, and for other authorized purposes.
As used in this chapter, the following terms shall have the
meanings indicated:
AUTOMATICALLY ELIGIBLE CUSTOMERS
Customers' accounts in utility service classes eligible
for inclusion in the CCA Program on an opt-out basis, as set forth
in the NYSPSC order, Appendix C, or as specified by the Commission.
These classes of customers include those receiving residential electric
supply services, including in multifamily housing, certain types of
institutions, and small commercial customers covered by "small general
service" class designations. Automatically eligible customers shall
not include customers' accounts that have been enrolled in service
through an ESCO, enrolled in utility programs which require them to
take supply service from their current utility, or that have a block
on their utility account at the time of CCA formation; those customers'
accounts shall be eligible to participate on an opt-in basis, if they
so desire.
CCA ADMINISTRATOR
The agent of the Town charged with overseeing creation, implementation
and operation of a CCA Program, and competitively procuring and negotiating
energy supply agreements with ESCOs. The CCA Administrator shall be
retained by the Town through a separate CCA administration agreement,
adopted by resolution of the Town Board.
COMMUNITY CHOICE AGGREGATION (CCA)/CCA PROGRAM
A program authorized by the New York State Public Service
Commission (NYSPSC) to aggregate residential electric and/or natural
gas supply, and/or energy-related value-added products and services
within the Town, and/or among multiple municipalities, to leverage
that energy demand to negotiate favorable energy supply agreements
directly with ESCOs. Customers within a CCA Program would no longer
purchase their energy supply directly from their utility. The utility
would continue to deliver energy to these customers, to charge for
that delivery, and will retain its transmission and distribution network.
The energy supply portion of a customer's energy service is provided
by an ESCO or ESCOs, pursuant to an energy supply agreement competitively
procured and negotiated for the CCA Program at large, then delivered
to customers via the utility.
ELIGIBLE CUSTOMERS
All automatically eligible customers and those utility customers
eligible for inclusion in the CCA Program on an opt-in basis, as set
forth in the NYSPSC order or otherwise authorized by the Commission.
Customers eligible to participate in the CCA Program on an opt-in
basis currently include customers already enrolled in service through
an ESCO at the time of CCA formation, customers in large commercial,
institutional, or industrial utility service classes that cannot be
automatically enrolled in the CCA on an opt-out basis, and all other
customers not considered automatically eligible customers. References
to the broader class of eligible customers shall signify the entire
pool of customers participating in the aggregation, either because
they have been automatically enrolled on an opt-out basis, or because
they have affirmatively opted in.
ENERGY SERVICES COMPANY (ESCO)
A third-party energy supplier eligible to sell electricity
and/or natural gas and/or energy-related value-added services to customers
in New York State utilizing transmission and distribution systems
of existing utilities. ESCOs are regulated by the New York State Department
of Public Service and New York State Public Service Commission, and
must comply with the New York State Public Service Law.
ENERGY SUPPLY AGREEMENT (ESA)
An agreement between customers and an energy services company
(ESCO) for electrical or natural gas service for a fixed or variable
price. For purposes of this chapter, the CCA Administrator would conduct
a competitive procurement on behalf of all eligible customers, and
would enter into an energy service agreement(s) with an ESCO to provide
power to all such customers in the Town.
TOWN
The Town of Guilderland.
UTILITY
Traditional utilities regulated by the New York State Department
of Public Service and the New York State Public Service Commission
and permitted to provide electric and/or natural gas supply, transmission
and distribution services to all customers within their designated
service territory. For purposes of this chapter, the term "utility"
will refer to National Grid.
The Town establishes a CCA Program for aggregation of electric
and/or natural gas supply to serve eligible customers in its jurisdiction.
This program shall be available to all residents of the Town of Guilderland
who reside outside the jurisdictional limits of the Village of Altamont.
All automatically eligible customers shall be included in the CCA
Program on an opt-out basis, and shall be afforded the opportunity
to opt out of the CCA Program, within a specified period, at no cost.
All customers who are not automatically eligible to be included in
the CCA Program on an opt-out basis shall be permitted to affirmatively
opt into the program in accordance with the terms of the ESA and/or
the NYSPSC order.
In accordance with the NYSPSC order, it shall be the responsibility
of the Town, supported by any CCA Administrator, to ensure the CCA
Program is operated in compliance with applicable provisions of the
New York State Public Service Law, regulations of the New York State
Public Service Commission and/or the New York State Department of
Public Service, the Uniform Business Practices (to the extent applicable),
the NYSPSC order and other relevant laws or regulations. This provision
applies regardless of whether a CCA Administrator is retained to organize
and implement the Town's CCA Program. This shall include, but
not be limited to, compliance with any reporting requirements related
to the CCA Program.
In the event the New York State Public Service Commission, the
New York State Legislature, or state agency enacts laws or regulations
regarding the operation of CCAs which are in conflict with this chapter,
the state provisions shall govern.
Nothing in this chapter shall be read to create liability on
the part of the Town related to the provision of electric service
to customers. The ESCO selected to provide such service will be ultimately
responsible for compliance with all applicable laws, rules and regulations
governing retail energy services, and will assume any liability stemming
from the provision of such service to retail customers, including
any potential liability associated with the service itself, customer
data and information, and any other matters which would traditionally
fall under the purview of a merchant utility providing the same service
to customers prior to the formation of the CCA. This chapter is meant
to facilitate the creation of an aggregation program in the Town.
The Town will not assume the role of ESCO or utility in the sale or
delivery of energy services.
Each provision of this chapter is severable from the others,
so that if any provision is held to be illegal or invalid for any
reason whatsoever, such illegal or invalid provision shall be severed
from this chapter, which shall nonetheless remain in full force and
effect.
This chapter shall take effect upon the filing with the Secretary
of State.