[HISTORY: Adopted by the Village Board of the Village of
Piermont as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-7-2021 by L.L. No. 2-2021]
A.
Piermont 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 promote the sustainability and resilience
of energy systems through the proliferation of renewable energy, energy
efficiency, and distributed energy resources ("DER").
B.
Among the initiatives that may advance these objectives is community
choice aggregation ("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 Piermont'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 article and fulfilling a public purpose.
D.
Piermont may choose to collaborate with other local governments to
form an intermunicipal CCA program.
E.
This article establishes the authority for Piermont to implement
a CCA program to the full extent authorized by the 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 from time to time, including
subsequent orders of the Public Service Commission issued in connection
with, or related to, Case No. 14-M-0224 (collectively, the "CCA orders"),
which shall include, without limitation, acquiring utility data and
selecting one or more energy supplier(s) on behalf of participating
customers.
F.
Piermont hereby implements this community choice aggregation program
pursuant to § 10(1)(ii)(a)(12) of the New York Municipal
Home Rule Law and to the full extent authorized by CCA orders.
G.
This article shall be known and may be cited as the "Community Choice
Aggregation Program Law of the Village of Piermont."
For purposes of this article, and unless otherwise expressly
stated or unless the context otherwise requires, the terms in this
article shall have the meaning indicated herein:
Information aggregated and anonymized at the municipal level
that are 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 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," 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 No. 14-M-0224.
The community choice aggregation program enabled by this
article.
Personal data and utility data for default customers including
without limitation customer of record's 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, Piermont may further
limit default customers to specific geographic areas, specific service
classes or otherwise defined segments of the municipal population.
For the avoidance of doubt, a default customer must reside or
be otherwise located within the geographic boundaries of Piermont,
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 microgrid
projects, and other clean energy projects and initiatives that reduce
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 Piermont. 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, Piermont
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 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 article.
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.
The Village of Piermont.
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.
A.
A community choice aggregation program as set forth more fully herein,
is hereby authorized by Piermont, which Piermont may implement to
the full extent authorized by the CCA orders.
B.
Piermont may enter into energy contracts with one or more energy
supplier(s) on behalf of participating customers.
C.
Piermont may enter into one or more agreements 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 DER products and services to participating
customers.
D.
The operation and ownership of the utility service shall remain with
the distribution utility. Piermont's participation in the CCA
program constitutes neither the purchase of a public utility system,
nor the furnishing of utility service. Piermont 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 disenroll
any time thereafter with no penalty. Such 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 solicitation(s) to
energy suppliers to provide a default energy offering(s) to default
customers and may then award an energy contract(s) in accordance with
the CCA program, this article, and the CCA orders.
A.
The CCA Administrator shall cause the mailing of 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 supplier(s) 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 disenroll from the CCA program at any time
without penalty.
A.
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, (i) 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 Piermont 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 an individual default customer or participating customer
that apply with respect to Piermont or its representative's processing
of confidential utility information; and (iii) 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 to pay for administrative costs associated
with operating the CCA program.
A.
The CCA Administrator shall prepare and file with the Village Board
of Piermont 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: number
of participating customers served; number of participating customers
cancelling; number of complaints received; commodity prices paid;
value-added services provided (e.g., installation of DER or other
clean energy services); and 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.
This article shall be effective immediately upon being filed
with the New York State Secretary of State.
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.
