[HISTORY: Adopted by the Town Board of the Town of Tuxedo 3-28-2022 by L.L. No. 1-2022[1]. Amendments noted where applicable.]
A.
It is the
policy of the Town of Tuxedo and 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 consumers
in retail energy markets, as well as to promote the sustainability
and resilience of energy systems through the proliferation of renewable
energy, energy efficiency, and distributed energy resources (DER,
as defined below). Among the initiatives that may advance these objectives
in New York is Community Choice Aggregation ("CCA"), a policy that
empowers local governments to determine the source of electricity
and/or natural gas supply on behalf of its residents and small businesses,
reflecting local resources, priorities, and challenges. Energy delivery
remains the responsibility of the distribution utility.
B.
This chapter
establishes the authority for the Town of Tuxedo, in connection with
the implementation of a CCA program, to acquire utility data, to select,
through competitive solicitation, energy supplier(s) on behalf of
default consumers within the jurisdictional boundaries of the Town
of Tuxedo, and to maximize value for participating consumers through
enhanced services related to DER. The Municipality may choose to collaborate
with other local governments to form an intermunicipal program. As
a result, consumers will have the opportunity to lower and stabilize
their energy costs, to spur local clean energy innovation and investment,
and to reduce their environmental impact, thereby fulfilling the purposes
of this chapter and promoting an important public purpose.
C.
The Town
of Tuxedo Town Board is authorized to implement this Creating Community
Choice Aggregation Program pursuant to § 10(l)(ii)(a)(12)
of the New York Municipal Home Rule Law, and consistent with 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, including subsequent
orders of the Public Service Commission issued in connection with
or related to Case No. 14-M-0224, to the extent that orders related
to Case No. 14-M-0224 enable actions by the Town
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 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.
Town of Tuxedo Town Board or its CCA Administrator, duly
appointed and authorized by vote of the Town Board to request aggregated
and customer specific data, to competitively solicit suppliers for
the aggregated demand for electricity and/or natural gas on behalf
of default consumers, and to offer participating consumers additional
opportunities to participate or enroll in programs or projects related
to distributed energy resources. The CCA Administrator is responsible
for program organization, administration procurement, communications,
and for meeting all requirements for program implementation specified
in the PSC CCA Order, unless otherwise specified.
Customer-specific information, personal data and utility
data for all default consumers, including the customer of record's
name, mailing address, telephone number, account number, and primary
language, if available, and any customer-specific alternate billing
name, address, and phone number.
Customers of electricity and/or natural gas within opt-out
eligible service classes (as delineated in the PSC CCA Order), who
receive supply service from the distribution utility as of the date
the supply contract goes into effect, or consumers within these service
classes that subsequently become eligible to participate in the 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 Town.
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 Town, as such boundaries exist as of
the date the supply contract goes into effect.
Local renewable energy projects, community distributed generation
(e.g., shared solar), peak demand management, energy efficiency, demand
response, energy storage, community resilience microgrid projects,
and other innovative 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 geography of the CCA.
Owner or controller of the means of distribution of the natural
gas or electricity in the Town. The distribution utility also serves
as the default supplier of electricity and natural gas preceding the
establishment of a CCA program.
An entity duly authorized to conduct business in the State
of New York as an ESCO.
Default consumers who have not opted out, and non-default
consumers of any service class that have voluntarily enrolled in the
program.
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."
York State Public Service Commission.
An ESCO that procures electric power and natural gas for
participating consumers 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 is hereby authorized by the Town, whereby
the Town of Tuxedo Town Board may implement a CCA program to the full
extent permitted by the PSC CCA Order, as set forth more fully herein.
Without limiting the foregoing:
B.
The Town
of Tuxedo Town Board on behalf of the Town may enter into contracts
with one or more suppliers for electric and/or natural gas supply
and other services on behalf of default consumers.
C.
The Town
of Tuxedo Town Board on behalf of the Town may enter into agreements
and contracts 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 opt-in
DER products and services to participating consumers.
D.
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, but will instead negotiate with suppliers on behalf
of participating consumers.
E.
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, the operation by which ESCOs provide energy
services, and the terms on which customers may be enrolled with ESCOs.
A.
All default
consumers shall be enrolled on an opt-out basis. Default consumers
will have the right to opt out before the supply contract goes into
effect, or disenroll any time thereafter with no penalty. Those that
do not opt out before the supply contract goes into effect will be
enrolled automatically.
B.
All non-default
consumers within the Town, 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 Town, 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.
A.
A program
notification letter, printed on Town letterhead, shall be mailed to
default consumers at least 30 days prior to customer enrollment. The
letter shall include information on the CCA Program and the contract
signed with the selected supplier(s), 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 in the program under the contract
terms and that information on those consumers, including energy usage
data and APP status, will be provided to the ESCO.
B.
After the
thirty-day opt-out period, all consumers shall have the option to
disenroll from the CCA program at any time without penalty
A.
The Town,
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,
(i) all applicable 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.
For the
purpose of protecting customer data, the Town must enter into an agreement
with the distribution utility that obligates each party to meet, collectively,
(i) all applicable 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 default consumer
or participating 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 default consumer or participating 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.
The Town or CCA Administrator may collect, or cause to be collected,
funds from customer payments to pay for administrative costs associated
with running the CCA program.
A.
Annual reports
shall be filed with the Town Board by March 31 of each year and cover
the previous calendar year.
B.
Annual reports
shall include, at a minimum: number of consumers served; number of
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 a CCA
supply contract will expire less than one year following the filing
ofthe annual report, the report must identify current plans for soliciting
a new contract, negotiating an extension, or ending the CCA program.
If the provisions of any article, section, subsection, paragraph,
subdivision or clause of this chapter shall be judged invalid by a
court of competent jurisdiction, such order of judgment shall not
affect or invalidate the remainder of any article, section, subsection,
paragraph, subdivision or clause of this chapter.
