[HISTORY: Adopted by the Town Board of the Town of Richmond 10-12-2021 by L.L. No. 5-2021. Amendments noted where applicable.]
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 DATA
Aggregated and anonymized information, including, but not limited to, the number of consumers by service and rate class, the aggregated peak demand (kW) (for electricity) by month for the past 12 months by service and rate class, and the aggregated energy (kWh) for electricity or volumetric consumption for gas by month for the past 12 months by service and rate class.
CCA ADMINISTRATOR
Town of Richmond or a third-party CCA Administrator, duly authorized to request aggregated and customer-specific data, competitively solicit suppliers for the aggregated demand for electricity and/or natural gas on behalf of default consumers, and to offer participating consumers additional opportunities to participate or enroll in programs or projects related to distributed energy resources. The CCA Administrator is responsible for program organization, administration, procurement, communications, and for meeting all requirements for program implementation specified in the Public Service Commission's ("PSC)" CCA order, unless otherwise specified. The CCA Administrator shall be designated by the Town Board of the municipality.
CUSTOMER-SPECIFIC DATA
Customer-specific information, personal data and utility data for all default consumers, 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.
DEFAULT CONSUMERS
Customers of electricity and/or natural gas within opt-out eligible service classes (as delineated in the PSC CCA order), who receive supply service from the distribution utility as of the date the supply contract goes into effect, or consumers within these service classes that subsequently become eligible to participate in the program, including those that have terminated a supply contract with an Energy Services Company ("ESCO"), removed a freeze or block on their account, have voluntarily suspended service pursuant to a special rate, or are new residents of the municipality. Consumers within opt-out-eligible service classes, as of the date the supply contract goes into effect, taking service from an ESCO, those that have placed a freeze or block on their account, and those for whom enrollment in the CCA program would interfere with a choice they have already made to take service pursuant to a special rate are not considered default consumers and will not be enrolled on an opt-out basis. All default consumers must reside or be otherwise located at one or more locations within the geographic boundaries of the municipality, as such boundaries exist as of the date the supply contract goes into effect.
DISTRIBUTED ENERGY RESOURCES (DER)
Local renewable energy projects, community distributed generation (e.g., shared solar), peak demand management, energy efficiency, demand response, energy storage, community resilience microgrid projects, and other innovative Reforming the Energy Vision (REV) initiatives that further engage and/or reduce cost of service for participating consumers, optimize system benefits, and/or address infrastructure and demand challenges within geography of the CCA.
DISTRIBUTION UTILITY
Owner or controller of the means of distribution of the natural gas or electricity in the municipality. The distribution utility also serves as the default supplier of electricity and natural gas preceding the establishment of a CCA program.
ENERGY SUPPLY AGREEMENT (ESA)
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. 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 community.
ESCO OR ENERGY SERVICES COMPANY
An entity duly authorized to conduct business in the State of New York as an ESCO.
PARTICIPATING CONSUMERS
Default consumers who have not opted out, and nondefault consumers of any service class that have voluntarily enrolled in the program.
PSC CCA ORDER
The PSC's order authorizing framework for the 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."
PUBLIC SERVICE COMMISSION or PSC
New York State Public Service Commission.
SUPPLIER
An ESCO that procures electric power and natural gas for participating 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 program is hereby authorized by the municipality, whereby the municipality may implement a CCA program to the full extent permitted by the PSC CCA order, as set forth more fully herein.
B. 
The municipality may enter into contracts with one or more suppliers for electric and/or natural gas supply and other services on behalf of default consumers.
C. 
The municipality may enter into agreements and contracts with other municipalities, nonprofits, consultants, and/or other third parties to:
(1) 
Develop and implement the CCA program;
(2) 
Act as CCA Administrator; and/or
(3) 
Develop offers of opt-in DER products and services to participating consumers.
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 on behalf of participating consumers.
E. 
The Public Service Commission supervises retail markets and participants in these markets through legislative and regulatory authority and the uniform business practices, which includes rules relating to the eligibility of participating ESCOs, the operation by which ESCOs provide energy services, and the terms on which customers may be enrolled with ESCOs.
A. 
All default consumers shall be enrolled on an opt-out basis. Default consumers will have the right to opt out before the supply contract goes into effect, or disenroll any time thereafter with no penalty. Those that do not opt out before the supply contract goes into effect will be enrolled automatically.
B. 
All nondefault consumers within the municipality, regardless of service class, shall be eligible to participate in the CCA program on an opt-in basis at any time.
C. 
The CCA Administrator, on behalf of the Town of Richmond, shall issue three or more requests for proposals to suppliers to provide energy to participants and may then award a contract in accordance with the CCA program.
D. 
Residents and small commercial customers who establish utility accounts in this community after the effective date of this chapter shall be afforded the opportunity to join the CCA program within a reasonable time after their utility account is established, in accordance with contractual agreements between the CCA Administrator and any ESCO(s) providing service to the program.
A. 
A program notification letter, printed on municipal letterhead, shall be mailed to all consumers at least 60 days prior to customer enrollment. The letter shall include information on the CCA program, and the contract signed with the selected supplier(s), including specific details on rates, services, contract term, cancellation fee, and methods and procedures for opting-out of and opting-in to the CCA program. The letter shall explain that default consumers that do not opt-out will be enrolled in the program under the contract terms and that information on those consumers, including energy usage data and APP status, will be provided to the ESCO. The letter will also explain how nondefault consumers can opt in to the program and how default consumers who have opted out can later opt in to the program.
B. 
All consumers shall have the option to opt out of the CCA program at any time without penalty or any other administrative or other fee or charge.
A. 
The municipality, or CCA Administrator on its behalf, may request aggregated data and customer-specific data from the distribution utility.
B. 
Customer-specific data and all other data collected from customers shall be protected in a manner compliant with, collectively:
(1) 
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 municipality or its representative's processing of confidential utility information;
(2) 
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 its representative's processing of confidential utility information; and
(3) 
The PSC CCA Order and PSC rules, regulations and guidelines relating to confidential data.
C. 
For the purpose of protecting customer data, the municipality must enter into an agreement with the distribution utility that obligates each party to meet, collectively:
(1) 
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 default consumer or participating consumer with respect to the CCA Administrator 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 consumer or participating consumer with respect to the CCA Administrator or its representative's processing of confidential utility information; and
(3) 
The PSC CCA order and PSC rules, regulations and guidelines relating to confidential data.
The municipality or CCA Administrator 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 Town Board of the municipality 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 CCA Administrator will provide the municipality and participating consumers with clear, up-to-date contact information for customer questions, concerns, or complaints. The CCA Administrator shall, from time to time, and/or at the request of the Richmond Town Board, report to the municipality regarding customer service matters.
A. 
The Town, together with its CCA Administrator, will provide public notices, presentations, information sheets, and other forms of outreach, to ensure residents are informed about the CCA program and their options for participating or opting out.
B. 
Once the CCA program is operating, the Town and its CCA Administrator will continue to engage in public outreach to keep CCA customers informed about any changes to the CCA program; opportunities for new products or services available through the CCA program, such as renewable energy buying options; important terms and durations of energy service agreements; information about the selected ESCOs; and any other matters related to the CCA program.
In accordance with the New York State PSC order authorizing CCAs, it shall be the responsibility of the municipality, supported by any CCA Administrator that may be under contract, to ensure the CCA program is operated in compliance with all 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 authorizing CCAs and any other relevant laws or regulations. This provision applies regardless of whether a CCA Administrator is retained to organize and implement the Town CCA program. This shall include, but not be limited to, compliance with any reporting requirements related to the CCA program.
A. 
The Town of Richmond will, from time to time, review the CCA program and its progress to determine how the program is performing, confirm it is affording benefits to the community, and provide information to the public thereon.
B. 
As the expiration of its energy service agreements (ESA) approaches, or in the event an ESCO provides notice of its intention to terminate an ESA (where authorized by the terms of that ESA), the Town of Richmond may consider whether it wishes to discontinue the CCA program. Dissolution of the CCA program will require:
(1) 
Enactment of a local law amending or repealing this chapter;
(2) 
Lawful termination of ESAs in accordance with its terms;
(3) 
Lawful termination of the CCA Administration Agreement, in accordance with its terms; and
(4) 
At least 60 days' notice to customers that their energy services will be automatically returned to the utility, an effective date upon which such a change would occur, and information on what other options may be available to those customers, if applicable.
In the event the New York State Public Service Commission, the State Legislature, or other state agency enacts laws or regulations regarding the operation of CCAs which conflict with this chapter, the state provisions shall govern.
Nothing in this chapter shall be read to create liability on the part of the municipality related to the provision of electric and/or natural gas 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 merely to facilitate the creation of an aggregation program in this community. The municipality will not assume the role of ESCO or utility in the sale or delivery of energy services.