[HISTORY: Adopted by the Board of Trustees of the Village
of Hastings-on-Hudson 10-20-2015 by L.L. No. 6-2015; amended in its entirety 8-16-2022 by L.L. No. 7-2022. Subsequent amendments noted where applicable.]
A.
It is the policy of both the Village of Hastings-on-Hudson 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, residential and small commercial 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 Village of Hastings-on-Hudson, to procure energy services,
such as energy supply and community distributed generation (CDG) credits,
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 Village to put out energy services for
bid. Eligible 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 Village of Hastings-on-Hudson is authorized to implement this
Community Choice Aggregation (Energy) Program pursuant to § 10,
Subdivision (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 Village of Hastings-on-Hudson."
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 which replaces the
incumbent utility as the default electric and/or gas supplier for
all opt-out eligible customers within the Village of Hastings-on-Hudson.
The CCA Program may include community distributed generation credits
on an opt-out basis and other DER offerings on an opt-in basis.
A 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.
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.
ELIGIBLE CUSTOMERSCustomers 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 CUSTOMERSEligible customers that are eligible for opt-out treatment as delineated in the CCA Framework Order.
PARTICIPATING CUSTOMERSOpt-out eligible customers who have been enrolled subsequent to the opt-out process and other customers who have opted in.
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.
The owner or controller of the means of distribution of the
natural gas or electricity that is regulated by the Public Service
Commission.
The provision of energy supply as electric power and/or natural
gas or the provision of DER offerings.
The New York State Public Service Commission.
Energy service companies (ESCOs) and/or DER providers and/or
other entities with authority to provide energy services for participating
customers in connection with this chapter.
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 Village of Hastings-on-Hudson, whereby the Village shall work
together with Sustainable Westchester to implement the CCA Program
to the full extent permitted by the CCA Framework Order, as set forth
more fully herein. The Village's role under the CCA Program involves
the aggregating of the demand for energy of its eligible customers
and the entering into contracts for energy services. Under the CCA
Program, the operation and ownership of the utility service shall
remain with the distribution utility.
B.
The Village's participation in a CCA Program constitutes neither
the purchase of a public utility system nor the furnishing of utility
service. The Village 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 Village 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 CCA Framework 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 suppliers, the operation by which suppliers
provide energy services, and the terms on which customers may be enrolled
with suppliers.
A.
As permitted by the CCA Framework Order, the Village of Hastings-on-Hudson
may request from the distribution utilities aggregated customer information
by fuel type and service classification and other relevant authorized
data.
B.
Sustainable Westchester, on behalf of the Village of Hastings-on-Hudson,
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 Village, if the Village so chooses,
will then request customer-specific data from the distribution utility
in accordance with the CCA Program.
D.
Sustainable Westchester or the Village, if the Village 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
energy supply and/or CDG credits.
E.
In accordance with and for purposes of the CCA Framework Order, the
distribution utility will provide to Sustainable Westchester aggregate
and customer-specific data (including usage data, capacity tag obligations,
account numbers, and service addresses) of all eligible customers
in the Village of Hastings-on-Hudson.
A.
The Village of Hastings-on-Hudson will notify, or will cause notification
of, its opt-out eligible customers, by letter notice, of the Village
establishing the CCA Program, of the contract terms with the supplier,
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 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.
Sustainable Westchester shall be responsible for filing an annual
report with the Public Service Commission, as required by the CCA
Framework Order.
