[HISTORY: Adopted by the Board of Trustees of the Village
of Canton 4-21-2021 by L.L. No.
2-2021. Amendments noted where applicable.]
A.
The Village of Canton, New York (hereafter "Village") supports the
policy of the State of New York to reduce costs and provide price
certainty for the purpose of consumer protection and economic development,
to expand access and opportunities for customers in retail energy
markets, and to promote the sustainability and resilience of energy
systems through the proliferation of renewable energy, energy efficiency,
and distributed energy resources (hereafter "DER").
B.
Among the initiatives that may advance these objectives is community
choice aggregation (hereafter "CCA"). CCA is a policy that, taking
into account local resources, priorities and challenges, empowers
local governments, among other things, to select default energy offerings
on behalf of its residents and small businesses. Energy delivery shall
remain the responsibility of the distribution utility.
C.
By establishing a CCA Program, it is the Village's goal to provide
participating customers with the potential to lower and stabilize
their energy costs, to spur local clean energy innovation and investment,
to reduce environmental impact, and to help achieve New York State's
goals set forth in the Reforming the Energy Vision initiative ("REV")
and the Climate Leadership and Community Protection Act; thereby fulfilling
the purposes of this chapter and fulfilling a public purpose.
D.
The Village may choose to collaborate with other local governments
to form an intermunicipal CCA Program.
E.
This chapter establishes the authority for the Village, to implement
a CCA Program to the full extent authorized by the State of New York
Public Service Commission Case #14-M-0224, "Proceeding on Motion of
the Commission to Enable Community Choice Aggregation Programs" (issued
April 21, 2016), as may be amended from time to time, including subsequent
orders of the Public Service Commission issued in connection with,
or related to, Case #14-M-0224 (collectively, the "CCA Orders"), which
shall include, without limitation, acquiring utility data and selecting
one or more energy suppliers on behalf of participating customers.
F.
The Village hereby authorizes this Community Choice Aggregation Program
pursuant to New York Municipal Home Rule Law § 10(1)(ii)(a)(12),
and as authorized by CCA Orders. This chapter shall be known and may
be cited as the "Community Choice Aggregation Program Law of the Village
of Canton, New York."
For purposes of this chapter, and unless otherwise expressly
stated or unless the context otherwise requires, the terms in this
chapter shall have the meaning indicated herein:
Information aggregated and anonymized at the municipal level
that is used to support Program design and solicitations for energy
offerings.
The third-party duly authorized to administer the CCA Program,
including, without limitation, to request aggregated data and customer-specific
data; to solicit energy offerings on behalf of default customers;
and to offer participating customers additional opportunities to participate
or enroll in programs or projects related to DER. The CCA Administrator
shall be responsible for program organization, administration, procurement,
communications, and for meeting all requirements for program implementation
specified in the CCA Orders, unless otherwise specified.
The Public Service Commission'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," as it may be amended
from time to time, including subsequent orders of the Public Service
Commission issued in connection with, or related to, Case #14-M-0224
The Community Choice Aggregation Program enabled by this
chapter.
Personal data and utility data for default customers, including,
without limitation, customer name, mailing address, account number,
and primary language, if available, and any customer-specific alternate
billing name and address.
A customer of electricity and/or natural gas services eligible
to participate on an opt-out basis in the CCA Program (as set forth
in the CCA Orders) or a customer who subsequently becomes eligible
to participate in the CCA Program. To the extent permitted by the
CCA Orders, the Village may limit default customers to specific geographic
areas, specific service classes, or otherwise defined segments of
the Village's population. For the avoidance of doubt, a default
customer must reside or be otherwise located within the geographic
boundaries of the Village, as such boundaries exist as of the date
an energy contract goes into effect.
A provider of products and/or services related to distributed
energy resources.
Local renewable energy projects, community distributed generation
(e.g., community renewables), energy storage, peak demand management,
energy efficiency, demand response, community resilience micro-grid
projects, and other clean energy projects and initiatives that reduce
the 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 electricity
or natural gas in the Village. The distribution utility also serves
as the default supplier of electricity or natural gas preceding the
establishment of a CCA Program.
An agreement to provide a default energy offering to participating
customers as entered into by and between the energy supplier, Village
and/or CCA Administrator.
Any product or service authorized by the CCA Orders to be
part of a CCA Program, including, without limitation, electricity
or gas supply; community-distributed generation; demand response or
load management; energy efficiency; or other DER.
An entity duly authorized to conduct business in the State
of New York as a generator of electricity and/or natural gas or other
entity that procures and resells electricity or natural gas.
An ESCO, DER provider, or a provider of other energy products
or services that provides a default energy offering for participating
customers in connection with this chapter.
A default customer of the CCA Program who has not opted out,
and a non-default customer of any service class who has voluntarily
enrolled in the CCA Program.
The New York State Public Service Commission.
The Village of Canton in St. Lawrence County, New York.
A.
The Community Choice Aggregation Program is hereby authorized by
the Village, which may implement said program to the full extent authorized
by CCA Orders.
B.
The Village may enter into energy contracts with one or more energy
suppliers on behalf of participating customers.
C.
The Village may enter into one or more agreements with other municipalities,
nonprofits, consultants, and/or other third parties to develop and
implement the CCA Program, to act as CCA Administrator and/or to develop
offers of DER products and services to participating customers.
D.
The operation and ownership of the utility service shall remain with
the distribution utility. The Village's participation in the
CCA Program constitutes neither the purchase of a public utility system
nor the furnishing of utility service. The Village shall not take
over any part of the electric or gas transmission or distribution
system.
E.
The Public Service Commission supervises retail and DER markets and
participants in these markets through regulatory authority, which
includes rules relating to the eligibility of participating ESCOs
and DER providers, the operation by which they provide energy services,
and the terms on which they may enroll customers.
A.
All default customers shall be enrolled in the CCA Program on an
opt-out basis. Such default customers will have the right to opt out
of the CCA Program before an energy contract goes into effect or dis-enroll
any time thereafter with no penalty. Default customers who do not
opt out before the energy contract goes into effect will be enrolled
automatically.
B.
The CCA Administrator shall issue one or more solicitations to energy
suppliers to provide default energy offerings to default customers
and may then award energy contracts in accordance with the CCA Program,
this chapter, and the CCA Orders.
A.
The CCA Administrator shall mail a program notification letter, printed
on municipal letterhead, to default customers at least 30 days prior
to customer enrollment. The letter shall include information on the
CCA Program and the energy contract executed with the selected energy
suppliers, including specific details on rates, price, benefits, 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 energy contract terms and
that information on those customers, including energy usage data,
will be provided to the energy supplier.
B.
After the initial thirty-day opt-out period, all participating customers
shall have the option to dis-enroll 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.
B.
Customer-specific data shall be protected in a manner compliant with,
collectively:
(1)
All national, state, and local laws, regulations and 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 Village 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 Village or its representative's
processing of confidential utility information; and
(3)
The CCA Orders and PSC rules, regulations and guidelines relating
to confidential data.
C.
The 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,
fees from energy suppliers and/or funds from participating customer
payments to pay for administrative costs associated with operating
the CCA Program.
A.
The CCA Administrator shall prepare and file with the Village Board
of Trustees 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: (i)
number of participating customers served; (ii) number of participating
customers cancelling; (iii) number of complaints received; (iv) commodity
prices paid; (v) value-added services provided (e.g., installation
of DER or other clean energy services); and (vi) 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 an energy contract is scheduled to expire less than one year following
the filing of an annual report, such annual report shall describe
current plans for soliciting a new energy contract, negotiating an
extension, or terminating the CCA Program.
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, 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.
