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:
ADDRESSABLE CARBON
Greenhouse gas emissions from electricity, heating, cooling,
hot water, transportation vehicles, sewer waste and solid waste.
AGGREGATED DATA
Aggregated and anonymized information, including the number
of eligible consumers by service class, the aggregated peak demand
(kW) (for electricity) by month for the past 12 months, by service
class to the extent possible, and the aggregated energy (kWh) for
electricity or volumetric consumption for gas by month for the past
12 months by service class.
BASIC SERVICE
The default retail electricity and/or natural gas product
received by all customers who do not opt out of the CCA program.
CCA ADMINISTRATOR
A third party designated by the Town of Ithaca which shall
be duly authorized to put out for bid the total amount of electricity
and natural gas being purchased by eligible consumers and the DERs
that will be incorporated into the CCA program. The CCA administrator
shall be responsible for CCA program organization, public outreach,
data, administration, procurement and communications.
COOPERATIVE
A group formed by building owners and residents who are eligible
consumers to invest mutually in onsite DERs.
CUSTOMER-SPECIFIC DATA
Energy account-specific information, personal data and utility
data for all eligible consumers in the municipality eligible for opt-out
enrollment based on the terms of the PSC CCA Order, and the CCA program
design, 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.
DATA SECURITY AGREEMENT
An agreement between the distribution utility and the Town
of Ithaca that obligates each party to meet, collectively:
A.
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's or its representative's processing
of confidential utility information;
B.
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's or its representative's processing of
confidential utility information; and
C.
The PSC CCA Order and PSC rules, regulations and guidelines
relating to confidential data.
DEFAULT SERVICE
Supply service provided by the distribution utility to eligible
consumers who are not currently receiving service from an energy service
company (ESCO). Eligible consumers eligible for opt-out enrollment
within the Town of Ithaca that receive default service, and have not
opted out, will be enrolled in the program. Eligible consumers eligible
for opt-in enrollment will be enrolled in the program according to
its scheduled energy supply contract renewals.
DISTRIBUTED ENERGY RESOURCES (DER)
Local renewable energy projects and energy efficiency measures,
shared renewables like community solar and shares and cooperatives,
renewable heat and hot water systems, energy management, energy storage,
microgrid projects, geothermal heat loop projects, electric vehicles
and charging systems, local renewable hydrogen fuel cells, and other
innovative Reforming the Energy Vision (REV) initiatives that optimize
system benefits, target and address load pockets/profile within the
CCA program's zone, and reduce cost of service for customers.
ELIGIBLE CONSUMERS (CUSTOMERS)
Consumers of electricity and/or natural gas who receive default
service from the distribution utility as of the effective date, or
new consumers that subsequently become eligible to participate in
the program, at one or more locations within the geographic boundaries
of the CCA program, except those consumers currently receiving default
service that have requested not to have their account information
shared by the distribution utility. All eligible consumers must reside
or be otherwise located within the geographic boundaries of the CCA
program, as such boundaries exist on the effective date of the energy
supply agreement, where they will be offered basic service through
several enrollment mechanisms based on Public Service Commission rules,
including opt-out and opt-in depending on account size and type, and
also be offered additional services requiring an affirmative choice
to invest in a local DER project.
ENERGY EFFICIENCY RETROFITTING AND THERMAL LOAD ELECTRIFICATION
PROGRAM
The City of Ithaca's program along with financial partners
to determine potential energy efficiency improvements on residential
and commercial buildings and provide financing for voluntary loans
and leasing programs available to eligible consumers in the City of
Ithaca, as well as in the Town of Ithaca, to pay for efficiency and
electrification projects, with an emphasis on serving disadvantaged
communities.
ENERGY LOAN ACCOUNT
A shares or cooperative loan repayment account voluntarily
subscribed by a CCA customer and administered and/or supervised by
the CCA administrator.
ENERGY SUPPLY AGREEMENT
An agreement between an energy consumer and an energy services
company (ESCO) to provide electricity or gas service to the customer
for a fixed or variable price. For purposes of this chapter, the CCA
administrator would conduct a competitive procurement on behalf of
all eligible consumers and would enter into such agreement(s) with
an ESCO to provide power to all such eligible consumers in the community
that elect to receive service.
EQUITY
Ownership benefits, financial and/or physical, from participating
in voluntary investments in local DER.
MUNICIPAL ACCOUNTS
Electricity and gas accounts that serve municipal government-related
operations.
NEW CONSUMERS
Consumers of electricity that become eligible consumers after
the effective date of the energy supply agreement, including those
that opt in or move into the Town of Ithaca.
OPT-UP
An affirmative decision of an eligible consumer, in addition
to not opting out of the CCA program as per Public Service Commission
rules, to select a premium rate in order to voluntarily invest in
a local DER project in the form of shares.
OPT-WITH
An affirmative decision of an eligible consumer, in addition
to not opting out of the CCA program as per Public Service Commission
rules, to select a premium rate in order to voluntarily invest in
a local DER project in the form of cooperatives.
PARTICIPATING CONSUMERS
Eligible consumers enrolled in the program, either because
they are consumers who receive default service from the distribution
utility as of the effective date and have not opted out or are new
consumers.
PROGRAM ORGANIZER
A designated local nonprofit organization responsible for
educating energy users about participation in the CCA program, and
about participation in the program's voluntary investment opportunities,
as well as supporting the organization of cooperatives by neighbors.
This group will typically secure participation from local governments
and engage in preliminary outreach and education around CCA.
PSC CCA ORDER
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."
SHARES
Units of ownership by a customer in local DERs, whether in
a nearby building through individual enrollment in a designated CCA
shares premium rate and energy loan, or on site through a cooperative
enrollment in a designated CCA cooperative premium rate and energy
loan account.
SUPPLIERS
A.
ESCOs that procure electric power and natural gas for eligible
consumers in connection with this chapter;
B.
Developers and operators of DERs, or other entities that procure
and resell electricity or natural gas, or are involved in aspects
of DERs.
Eligible consumers with electric and/or gas accounts that are
eligible for opt-in enrollment may be offered service on an opt-in
basis, based on capacity and opportunity, according to the supply
contract renewal schedule of the CCA program.
Customers shall be provided customer service by the CCA administrator,
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, as well as a secure
customer-specific online account, scheduled direct mail, and messages
inserted into Town of Ithaca scheduled direct mail and public notices.
The Town of Ithaca may collect, or cause to be collected, funds
from customer payments to pay the designated CCA administrator for
administrative costs associated with running the CCA program. These
fees will be included in any agreement signed with CCA administrator
and an ESCO.
The Town of Ithaca may collect, or cause to be collected, funds
from customer payments to pay for administrative costs associated
with running a DER loan account service.
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, 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.
This chapter shall take effect immediately upon its filing with
the New York State Secretary of State.