[HISTORY: Adopted by the Township Council of the Township
of Mount Laurel 5-15-2017 by Ord. No. 2017-8. Amendments noted where
applicable.]
A.
It is the
policy of both the Town of Yorktown 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 customers 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 procure electric and natural gas supply on behalf of
its eligible customers.
B.
The purpose
of this CCA Program is to allow participating local governments including
the Town of Yorktown to procure energy supply service and community
distributed generation (CDG) for their eligible 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 Town
of Yorktown to put out for bid the total amount of natural gas and/
or electricity being purchased by local eligible customers for both
ESCO supply and CDG. Customers 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 Town
of Yorktown is authorized to implement this Community Choice Aggregation
(Energy) 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 20,
2016, hereinafter the CCA Framework Order).
D.
This chapter
shall be known and may be cited as the "Community Choice Aggregation
(Energy) Program Law of the Town of Yorktown."
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 set forth below, or if not so defined,
as employed in the State of New York Public Service Commission's Uniform
Business Practices:
A municipal energy procurement program that replaces the
incumbent utility as the default electric and/ or gas supplier for
all opt-out eligible customers within the Town of Yorktown. The CCA
Program may include community distributed generation on an opt-out
basis and other DER offerings on an opt-in basis.
Community shared renewables program expanding customer access
to the environmental and system benefits of qualifying renewable project
generation located behind a nonresidential host meter based on remotely
sharing net metering or VDER monetary credits through a monetary credit
applied to the utility bills of participating customers.
The monetary credit applied to the utility bills of participating
customers through the CDG program.
ELIGIBLE CUSTOMERS Customers of electricity and/or natural gas eligible to participate in CCA, either on an opt-out or opt-in basis, as delineated in the CCA framework order.
OPT-OUT ELIGIBLE CUSTOMERS Eligible customers that are eligible for opt-out treatment as delineated in the CCA framework order.
PARTICIPATING CUSTOMERS Opt-out eligible customers who have been enrolled subsequent to the opt-out process and other customers who have opted in.
Utility data for all opt-out eligible customers including
account holder name, service address, primary language, if available,
any customer-specific alternate billing name and/or address, and other
relevant, authorized data.
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 the geography of the CCA including, but not limited
to, local renewable energy projects, community distributed generation,
peak demand management, energy efficiency, demand response, energy
storage, community resilience microgrid projects, and other innovative
initiatives.
Owner or 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 procure electric power,
natural gas and/or DERs for participating customers in connection
with this chapter or, alternatively, generators of electricity, natural
gas and/or DERs or other entities who procure and resell electricity,
natural gas or DERs.
A not-for-profit organization comprised of member municipalities
in Westchester County, New York.
REV proceeding (Case 15- E- 0751) that replaces the net metering
program with a weighted value stack tariff mechanism for accurately
pricing distributed energy resources on the grid as a reflection of
their system value. Value stack components include the price of energy,
capacity, avoided carbon emissions, cost savings to customers and
utilities, demand reduction and locational relief. The goal of this
proceeding is to increase DER penetration and benefits of DER installations.
A.
A Community
Choice Aggregation (Energy) Program is hereby established by the Town
of Yorktown, whereby the Town of Yorktown shall work together with
Sustainable Westchester to implement the CCA Program to the full extent
permitted by the order, as set forth more fully herein. The Town of
Yorktown role under the CCA Program involves the aggregating of the
electric and/or gas supply of its residents and the entering into
a contract with one or more suppliers for ESCO supply and CDG services.
Under the CCA Program, the operation and ownership of the utility
service shall remain with the distribution utility.
B.
The Town
of Yorktown's participation in a CCA Program constitutes neither the
purchase of a public utility system, nor the furnishing of utility
service. The Town of Yorktown 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
on behalf of participating customers.
C.
In order
to implement the CCA Program, the Town of Yorktown will adopt one
or more resolutions that outline the process of and conditions for
participation in the CCA Program, including but not limited to signing
a contract for a compliant bid with one or more Suppliers, all as
consistent with the local law and the order.
D.
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 and DERS, the operation by which ESCOs and
DERS provide energy services and the terms on which customers may
be enrolled with ESCOs and DERS.
A.
As permitted
by the CCA framework order, the Town of Yorktown may request from
the distribution utilities aggregated customer information by fuel
type, service classification and other relevant, authorized data.
B.
Sustainable
Westchester, on behalf of the Town of Yorktown, shall issue one or
more requests for proposals to suppliers to provide energy to participants
and may then award one or more contracts in accordance with the CCA
Program.
C.
Sustainable
Westchester or the Town of Yorktown, if the Town of Yorktown so chooses,
will then request customer-specific data from the distribution utility
in accordance with the CCA Program.
D.
Sustainable
Westchester or the Town of Yorktown, if the Town of Yorktown so chooses,
and the selected supplier(s) will then notify opt-out eligible customers
of the contract terms and opportunity to opt out of the CCA Program
ESCO supply and/or CDG.
E.
In accordance
with and for purposes of the CCA framework order, ConEd and NYSEG
will provide to Sustainable Westchester customer-specific data ( including
usage data, capacity tag obligations, account numbers, and service
addresses) of all eligible customers in the Town of Yorktown.
F.
Sustainable
Westchester and the Town of Yorktown will protect customer information
as required by law, subject to the CCA framework order and the limitations
of the New York State Freedom of Information Law.
A.
The Town
of Yorktown or in conjunction with the supplier will notify its opt-out
eligible customers by letter notice of the Town of Yorktown establishing
the CCA Program, of the contract terms with an ESCO and/or CDG, and
of the opportunity to opt out of the CCA Program offerings.
B.
The letter
notice will be sent to each opt-out eligible customer at the address
provided by the distribution utility and explain the CCA Program and
the material provisions of the ESCO and/or CDG supplier contract,
identify the methods by which the customer can opt out of the CCA
Program, and provide information on how the customer can access additional
information about the CCA Program.
C.
The opt-out
period shall be at least 30 days.
A.
Sustainable
Westchester shall be responsible for filing an annual report with
the Public Service Commission as required in the CCA framework order.
