[HISTORY: Adopted by the City Council of the City of Yonkers 3-9-2021 by L.L. No. 4-2021. Amendments noted where applicable.]
A.
It is the
policy of both the City of Yonkers (the "City") 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.
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 (the "CCA Program") that will allow the City
and other local governments to work together through a shared purchasing
model to put out for bid the total amount of natural gas and/or 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.
The City
is authorized to implement this CCA Program pursuant to Section 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 City.
D.
This chapter
shall be known and may be cited as the Community Choice Aggregation
(Energy) Program Law of the City.
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
or volumetric consumption for gas by month for the past 12 months
by service class.
The City or a designated third party, which may be Sustainable
Westchester, duly authorized to put out for bid the total amount of
electricity and/or natural gas being purchased by participating consumers.
CCA Administrator is responsible for Program organization, administration,
procurement, and communications, unless otherwise specified.
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.
An agreement between the distribution utility and the City
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 consumer 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 City 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 natural
gas or electricity that is regulated by the Public Service Commission.
Eligible customers of electricity and/or natural gas 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 City, except those consumers who receive default service and
have requested not to have their account information shared by the
distribution utility. 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 City, 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 City.
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 group responsible for initiating and organizing the CCA.
This group will typically secure buy-in from local governments and
engage in preliminary outreach and education around CCA. The Program
Organizer may be a nonprofit organization, local government, or other
third party. The Program Organizer and the CCA Administrator may be
the same.
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."
The New York State Public Service Commission.
ESCOs that procure electric power and natural gas for eligible
consumers in connection with this chapter or, alternatively, generators
of electricity and natural gas or other entities who procure and resell
electricity or natural gas.
A.
A Community
Choice Aggregation (Energy) Program is hereby established by the City,
whereby the City may implement a CCA Program to the full extent permitted
by the PSC CCA Order, as set forth more fully herein.
B.
The City
may act as aggregator or broker for the sale of electric supply, gas
supply, or both 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.
The City
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 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 City's participation in a CCA Program constitutes neither
the purchase of a public utility system, nor the furnishing of utility
service. The City 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 on behalf
of participating consumers.
A.
All consumers
within the City, including residential and non residential, regardless
of size, shall be eligible to participate in the CCA Program.
B.
All consumers
that are members of the eligible service class set forth in Appendix
C of the PSC CCA Order, as amended, which is attached hereto as Appendix
A and incorporated by reference,[1] 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.
[1]
Editor's Note: Said appendix is on file in the City offices.
C.
New consumers
shall be enrolled on an opt-out basis.
A.
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, 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.
All consumers
shall have the option to opt out of the CCA Program at any time without
penalty.
C.
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.
A.
The City
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.
B.
Customer-specific 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 City
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 City 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.
The City
must enter into a data security agreement with the distribution utility
for the purpose of protecting customer data.
The City may collect, or cause to be collected, funds from customer
payments to pay for administrative costs associated with running the
CCA program.
A.
Annual reports
shall be filed with the City Council by March 31 of each year and
cover the previous calendar year.
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.
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.
