[HISTORY: Adopted by the Town Board of the Town of Potsdam 5-17-2022 by L.L. No. 2-2022. Amendments noted where applicable.]
A. 
The Town of Potsdam 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"). Access to CCA programs offer residential and small nonresidential customers, generally described as mass market customers, an opportunity to receive benefits that have not been readily available to them in the past, including more affordable or cleaner energy supply choices. Similarly, CCA programs can incorporate distributed energy resources (DER) and the benefits they offer, such as community distributed generation (CDG) and the program's associated net-crediting savings, to mass market customers participating in CCA programs.
C. 
By establishing a CCA program, it is the Town of Potsdam's goal to provide participating consumers with the potential to lower and stabilize their energy costs, to spur local clean energy innovation and investment, to reduce environmental impacts, 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 chapter and fulfilling a public purpose. To be clear, energy delivery shall remain the responsibility of the distribution utility, not the Town of Potsdam.
D. 
The Town of Potsdam is authorized to implement and participate in a CCA program pursuant to Section 10(1)(ii)(a)(12) of the New York Municipal Home Rule Law and 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"), to include, without limitation, acquiring utility data and selecting one or more energy suppliers on behalf of participating consumers, including in cooperation with other municipalities for the purpose of establishing an intermunicipal CCA program.
E. 
This chapter shall be known and may be cited as the "Community Choice (Energy) Aggregation Program Law of the Town of Potsdam."
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
Information aggregated and anonymized at the municipal level that is used to support CCA program design and solicitations for energy offerings.
CCA ADMINISTRATOR
The entity selected and duly authorized by the Town of Potsdam 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.
CCA ORDERS
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.
COMMUNITY CHOICE AGGREGATION PROGRAM or CCA PROGRAM
The community choice aggregation program enabled by this chapter.
CUSTOMER-SPECIFIC DATA
Personal data and utility data for default consumers, including, without limitation, the name, mailing address, account number, and primary language, if available, for each customer of record and any customer-specific alternate billing name, and address.
DATA SECURITY AGREEMENT
An agreement between the distribution utility and the Town that obligates each party to meet, collectively, i) 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 eligible consumer with respect to the CCA Administrator 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 individual eligible consumer with respect to the CCA Administrator or its representative's processing of confidential utility information; and iii) the PSC CCA order and PSC rules, regulations and guidelines relating to confidential data.
DEFAULT SERVICE
Gas or electric supply service provided by the distribution utility to consumers who are not currently receiving service from an alternative energy service company (ESCO).
DISTRIBUTED ENERGY RESOURCES (DER)
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 energy projects and initiatives that reduce the 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 the party controlling the means of distribution of electricity and/or natural gas in the Town of Potsdam and/or the default supplier of electricity and/or natural gas as of the effective date of any CCA program energy services agreement (ESA) between the Town and an energy supplier.
ELIGIBLE CONSUMERS
Consumers of electricity and/or natural gas who receive default service from the distribution utility within opt-out energy service classes as delineated in the CCA order as of the effective date of an energy services agreement (ESA) between the Town and a supplier, or new consumers that subsequently become eligible to participate in the CCA program, except those consumers who receive default service and have requested not to have their account information shared by the distribution utility. For the avoidance of doubt, all eligible consumers must reside or otherwise be located at one or more locations within the geographic boundaries of the Town, as such boundaries exist on the effective date of the applicable ESA.
ENERGY SUPPLIER or SUPPLIER
Any entity that procures electric power and/or natural gas for eligible consumers; generators of electricity and natural gas or other entities who procure and resell electricity or natural gas.
NEW CONSUMERS
Consumers of gas and/or electricity that become eligible consumers after the effective date of the applicable ESA, including those that opt in or move into the Town.
PARTICIPATING CONSUMERS
Eligible consumers enrolled in the CCA program, either because they are consumers who received default service from the distribution utility as of the applicable ESA effective date and have not opted out, are consumers that have opted in, or are new consumers.
PROGRAM ORGANIZER
The entity responsible for initiating and organizing the CCA. The program organizer may be a non-profit organization, local government, or other third party. The program organizer and the CCA Administrator may be the same.
PUBLIC SERVICE COMMISSION or PSC
New York State Public Service Commission.
A. 
A community choice aggregation (energy) program is hereby established by the Town of Potsdam, whereby the Town may implement a CCA program to the full extent permitted by the CCA order, as set forth more fully herein.
B. 
The Town may function as the program organizer or may enter into an agreement with another municipality or a third-party provider to act as the program organizer on behalf of the Town.
C. 
The Town may function as the CCA Administrator or may enter into an agreement with a third-party provider to act as the CCA Administrator.
D. 
The Town may act as an aggregator or broker for the sale of electric supply, gas supply, or both to eligible consumers and may enter into contracts with one or more suppliers for energy supply and other services on behalf of eligible consumers.
E. 
The Town and/or the CCA Administrator may enter into agreements and contracts with other municipalities to develop offers for distributed energy resources products and services to participating consumers, including opportunities to participate in renewable energy projects, shared solar, energy efficiency, microgrids, storage, demand response, energy management, and other initiatives and objectives designed to optimize system benefits, target and address load pockets/profile within the CCA zone, and reduce costs for CCA customers.
F. 
Under the CCA program, the operation and ownership of the utility service shall remain with the distribution utility. The Town's participation in a CCA program constitutes neither the purchase of a public utility system, nor the furnishing of utility service. The Town shall not take over any part of the electric or gas transmission or distribution system and will not furnish any type of utility service.
A. 
All electric and natural gas supply consumers within the Town, including residential and nonresidential consumers, regardless of size, shall be eligible to participate in the CCA program.
B. 
Consumer exceptions.
(1) 
All electric and natural gas supply consumers within the Town shall be enrolled in the CCH program on an opt-out basis except consumers:
(a) 
That have placed a freeze or block on their energy supply account; or
(b) 
For whom inclusion in the CCA program will interfere with a choice the consumer has already made pursuant to a special rate.
(2) 
All excepted consumers may be enrolled in the CCA program on an opt-in basis.
C. 
New consumers shall be enrolled in the CCA program on an opt-out basis. All new consumers shall be mailed an opt-out letter consistent with the requirements of the CCA order.
An opt-out letter, printed on municipal letterhead, shall be mailed to eligible consumers at least 30 days prior to customer enrollment. The opt-out letter shall include information on the CCA program and the ESA signed with the selected supplier, including specific details on rates, services, contract term, cancellation fee, and methods for opting out of the CCA program. The letter shall explain that consumers that do not opt out will be enrolled for service under the terms of the ESA and that information on those consumers, including energy usage data and APP status, will be provided to the supplier.
Participating consumers shall be provided customer service including a toll-free telephone number available during normal business hours (9:00 a.m. to 5:00 p.m. eastern time, Monday through Friday) to resolve concerns, answer questions, and transact business with respect to the service received from the supplier.
A. 
The Town may request aggregated data and customer specific data from the distribution utility; provided, however, that the request for customer specific data is limited to only those eligible consumers who did not opt out once the applicable opt-out period has closed.
B. 
Customer specific data shall be protected in a manner compliant with, collectively, i) 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 Town or its representative's processing of confidential utility information; ii) 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 Town or its representative's processing of confidential utility information; and iii) the PSC CCA order and PSC rules, regulations and guidelines relating to confidential data.
C. 
The Town must enter into a data security agreement for the purpose of protecting customer data.
The CCA Administrator may collect, or cause to be collected, funds from customer payments to pay for administrative costs associated with the operation of the CCA program.
A. 
The CCA Administrator shall file an annual report with the Town Supervisor by March 31 of each year.
B. 
Each annual report shall include, at a minimum, regarding the prior calendar year: number of participating consumers served; number of participating 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 an energy contract will expire less than one year following the filing of the annual report, the annual report must identify current plans for soliciting a new energy contract, negotiating an extension, or terminating the CCA program.
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.