[HISTORY: Adopted by the Town Board of the Town of Rush 12-8-2021 by L.L. No. 5-2021. Amendments noted where applicable.]
A. 
The Town of Rush 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). Among the initiatives that may advance these objectives is community choice aggregation (CCA), a policy that empowers local governments to, among other things, select default energy offerings on behalf of its residents and small businesses. Energy delivery shall remain the responsibility of the distribution utility.
B. 
The purpose of CCA is to allow participating local governments, including the Town, 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 authorizes establishment of a program ("CCA Program") that would allow the Town 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 would 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. The Town may choose to collaborate with other local governments to form an intermunicipal CCA Program.
C. 
The Town is authorized to implement a CCA Program pursuant to § 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 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.
D. 
This chapter shall be known and may be cited as the "Community Choice Aggregation Program Law of the Town of Rush."
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 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
The municipality or a 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 CCA Administrator shall be designated by the Town Board of the municipality.
CCA ORDERS
The PSC's Order Authorizing Framework for Community Choice Aggregation Opt-Out Program, issued on April 21, 2016, in Case No. 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.
COMMUNITY CHOICE AGGREGATION PROGRAM or CCA PROGRAM
The Community Choice Aggregation Program enabled by this chapter.
CUSTOMER-SPECIFIC DATA
Customer-specific information, personal data and utility data for default customers, including the customer of record's name, mailing address, account number, and primary language, if available, and any customer-specific alternate billing name and address.
DEFAULT CUSTOMER
A customer of electricity and/or natural gas services within opt-out eligible service classes (as set forth in the CCA Orders) who receive supply service from the distribution utility as of the date the supply contract goes into effect, or a customer within these service classes who subsequently becomes eligible to participate in the CCA Program, including those that have terminated a supply contract with an 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. For the avoidance of doubt, 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.
DER PROVIDER
A provider of products and/or services related to distributed energy resources.
DISTRIBUTED ENERGY RESOURCES (DER)
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 Reforming the Energy Vision (REV) 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.
DISTRIBUTION UTILITY
The owner or controller of the means of distribution of electricity or natural gas in the municipality. The distribution utility also serves as the default supplier of electricity or natural gas preceding the establishment of a CCA Program.
ESCO or ENERGY SERVICES COMPANY
An entity duly authorized to conduct business in the State of New York as an ESCO.
MUNICIPALITY
The Town of Rush.
PARTICIPATING CUSTOMER
A default customer of the CCA Program who has not opted out, and a nondefault customer of any service class who has voluntarily enrolled in the CCA Program.
PUBLIC SERVICE COMMISSION or PSC
The New York State Public Service Commission.
SUPPLIER
An ESCO that procures electric power and natural gas for participating 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 Program, as set forth more fully herein, is hereby authorized by the municipality, which the municipality may implement to the full extent authorized by the CCA Orders.
B. 
The municipality may enter into contracts with one or more supplier(s) on behalf of default customers.
C. 
The municipality may enter into one or more agreements with other municipalities, nonprofits, consultants, and/or other third parties to develop and implement the CCA Program; act as CCA Administrator; and/or develop offers of opt-in DER products and services to participating customers.
D. 
The operation and ownership of the utility service shall remain with the distribution utility. The municipality's participation in the 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 customers.
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. 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. Default customers who do not opt out before the energy 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.
C. 
The CCA Administrator, on behalf of the municipality, shall issue one or more requests for proposals to suppliers to provide energy to participating customers and may then award a contract in accordance with the CCA Program, this chapter, 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. 
All participating customers shall have the option to disenroll from the CCA Program at any time without penalty or any other administrative or other fee or charge.
C. 
Termination fees shall not be charged to consumers that cancel their CCA service as a result of moving out of the premises served.
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 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 municipality 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 municipality 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 municipality or CCA Administrator may collect, or cause to be collected, funds from participating customer payments to pay for administrative costs associated with running the CCA Program.
A. 
The CCA Administrator shall prepare and file with the Town Board of the municipality 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 a CCA supply 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 chapter 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.