[HISTORY: Adopted by the Board of Trustees of the Village
of Bellerose 9-27-2021 by L.L. No. 5-2021. Amendments noted where applicable.]
A.
It is the purpose of this chapter to seek to reduce the cost of natural
gas and electricity to its residents.
B.
The purpose of this Community Choice Aggregation (Energy) Program
or CCA Program, as described to the Village of Bellerose by the administrator,
is to allow participating local governments including the Village
of Bellerose to procure energy supply service for their residential
and commercial customers, 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 that will allow the Village of Bellerose or its designated
agent for that purpose, to put out for bid the total amount of natural
gas and/or electricity being purchased by their residential and commercial
customers. Bundled customers will have the opportunity to have more
negotiating strength and consequential potential to lower their overall
energy costs, and to improve customer choice and value, by providing
an additional alternative source for electricity and natural gas;
thereby, fulfilling the purposes of this chapter and fulfilling an
important public purpose.
C.
The Village of Bellerose is hereby authorized to participate in a
Community Choice Aggregation (Energy) 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, Order Authorizing Framework for Community Choice Aggregation
Opt-Out Program (issued April 20, 2016), including subsequent orders
of the Public Service Commission issued in connection with or related
to Case No. 24-M-0224 (collectively, the "order").
D.
This chapter shall be known and may be cited as the "Community Choice
Aggregation (Energy) Program Law" aka "CCA Program" of the Village
of Bellerose.
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:
New York State, Good Energy, LP or other New York State approved
acting administrator.
Residential and commercial customers of electricity or natural
gas ("fuels") who are purchasing the fuels from the distribution utility.
Nonresidential customers as permitted in the order.
A municipal energy procurement program, which replaces the
incumbent utility as the default supplier for all bundled customers
within the Village of Bellerose.
Owner of controller of the means of distribution of the natural
gas or electricity that is regulated by the Public Service Commission.
New York State Public Service Commission.
Energy service companies (ESCOs) that produce electric power
and natural gas for bundled customers 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 Village of Bellerose, whereby the Village of Bellerose shall
cooperate with the administrator by participating in the CCA Program
to the full extent permitted by the order, as set forth more fully
herein. The Village of Bellerose's role under the CCA Program
involves the aggregating of the electric and/or natural gas supply
for its residents, and the entering into a contract with one or more
suppliers, through the administrator, for the procurement of electricity
and/or natural gas supply for its residential and commercial customers.
Under the CCA Program, the operation and ownership of the utility
service shall remain with the distribution utility.
B.
The Village of Bellerose's procurement of energy supply through
a CCA Program constitutes neither the purchase of a public utility
system, nor the furnishing of utility service. The Village of Bellerose
will 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 through the administrator
on behalf of participating residential and commercial customers.
C.
In order to implement the CCA Program, the Village of Bellerose shall
adopt one or more resolutions that outline the process of and conditions
for participation in the CCA Program, as consistent with the local
law and the order. After full review, the Village of Bellerose shall
adopt the following policies and agreements consistent with the order:
(i) an implementation plan; (ii) a data protection plan; (iii) a data
security agreement; and (iv) a certification of local authority (collectively,
the "policies"). The policies shall be adopted, submitted, amended,
supplemented and filed in accordance with the order.
D.
The Public Service Commission supervises retail markets and participates
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.
The administrator, on behalf of the Village of Bellerose, shall issue
one or more requests for proposals to suppliers to provide energy
to participants and may then award a contract in accordance with the
CCA Program.
B.
The terms of the supplier contracts ("CCA Contract") shall comply
with the order.
A.
The administrator shall provide information and education to potential
CCA customers over no less than a two-month period.
B.
The administrator shall mail opt-out letters to eligible opt-out
customers provided: (i) the policies have been filed; and (ii) the
opt-out letters have been deemed compliant, and approved by the Village
of Bellerose.
C.
The opt-out letter shall comport with the requirements set forth
in the order.
D.
The initial opt-out period shall be 30 days after notification is
sent to the customer.
A.
The administrator may request the distribution utility's aggregated
customer information on all bundled customers in the Village of Bellerose
provided the Public Service Commission has approved the policies.
B.
Provided the administrator has complied with the requirements of Subsection A, the distribution utility shall transfer the aggregated customer and usage data within 20 days of a request from the administrator in accordance with the order.
C.
Customer-specific information may be requested for all eligible customers
once the administrator demonstrates that the requisite contracts with
ESCOs have been entered into and executed. Detailed customer information
may be requested for eligible customers who did not opt out once the
initial opt-out period has closed.
D.
After the administrator has entered into a CCA Contract with an ESCO,
the distribution utility shall transfer customer-specific data to
the administrator within five days of a request in accordance with
the order.
E.
The administrator, the contracted supplier, and the Village of Bellerose
will protect customer information as required by law, subject to the
order and the limitations of the New York State Freedom of Information
Law.
