[HISTORY: Adopted by the Common Council of the City of North
Tonawanda 5-17-2022 by L.L. No. 1-2022. Amendments noted where applicable.]
A.
The Municipality 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). CCA is a policy that, taking into account
local resources, priorities, and challenges, empowers local governments,
among other things, to select default energy offerings on behalf of
its residents and small businesses. Energy delivery shall remain the
responsibility of the distribution utility.
C.
By establishing a CCA program, it is the Municipality's goal
to provide participating customers with the potential to lower and
stabilize their energy costs, to spur local clean energy innovation
and investment, to reduce environmental impact 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,[1] thereby fulfilling the purposes of this chapter and fulfilling
a public purpose.
[1]
Editor's Note: See Environmental Conservation Law § 75-0101
et seq.
D.
The Municipality may choose to collaborate with other local governments
to form an intermunicipal CCA program.
E.
This chapter establishes the authority for the Municipality to implement
a CCA program to the full extent authorized 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"),
which shall include, without limitation, acquiring utility data and
selecting one or more energy supplier(s) on behalf of participating
customers.
F.
The Municipality hereby implements this community choice aggregation
program pursuant to § 10, Subdivision 1(ii)a(12), of the
New York Municipal Home Rule Law and to the full extent authorized
by CCA orders.
G.
This chapter shall be known and may be cited as the "Community Choice
Aggregation Program Law of the City of North Tonawanda."
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 indicated herein:
Information aggregated and anonymized at the municipal level
that are used to support program design and solicitations for energy
offerings.
The 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 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.
The community choice aggregation program enabled by this
chapter.
Personal data and utility data for default customers, including,
without limitation, customer of record's name, mailing address,
account number, and primary language, if available, and any customer-specific
alternate billing name, and address.
A customer of electricity and/or natural gas services eligible
to participate on an opt-out basis in the CCA program (as set forth
in the CCA orders) or a customer who subsequently becomes eligible
to participate in the CCA program. To the extent permitted by the
CCA orders, the Municipality may further limit default customers to
specific geographic areas, specific service classes or otherwise defined
segments of the municipal population. For the avoidance of doubt,
a default customer must reside or be otherwise located within the
geographic boundaries of the Municipality, as such boundaries exist
as of the date an energy contract goes into effect.
A provider of products and/or services related to distributed
energy resources.
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 clean energy projects and 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.
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.
An agreement to provide a default energy offering to participating
customers as entered into by and between the energy supplier, Municipality
and/or CCA administrator.
Any product or service authorized by the CCA orders to be
part of a CCA program, including, without limitation, electricity
or gas supply; community distributed generation; demand response or
load management; energy efficiency; or other DER.
An ESCO, DER provider, or a provider of other energy products
or services that provides a default energy offering for participating
customers in connection with this chapter.
An entity duly authorized to conduct business in the State
of New York as a generator of electricity and/or natural gas or other
entity that procures and resells electricity or natural gas.
The City of North Tonawanda.
A default customer of the CCA program who has not opted out,
and a non-default customer of any service class who has voluntarily
enrolled in the CCA program.
The New York State Public Service Commission.
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 energy contracts with one or more
energy supplier(s) on behalf of 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 the 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.
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. Such 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. Such default customers who do
not opt out before the energy contract goes into effect will be enrolled
automatically.
B.
The CCA administrator shall issue one or more solicitation(s) to
energy suppliers to provide a default energy offering(s) to default
customers and may then award an energy contract(s) in accordance with
the CCA program, this chapter, and 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.
After the initial thirty-day opt-out period, all participating customers
shall have the option to disenroll from the CCA program at any time
without penalty.
A.
The CCA administrator 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 CCA administrator may collect, or cause to be collected,
fees from energy suppliers and/or funds from participating customer
payments to pay for administrative costs associated with operating
the CCA program.
A.
The CCA administrator shall prepare and file with the City 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 an energy 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.
