[Adopted 7-28-2015 by L.L. No. 4-2015; amended in its entirety 9-13-2022 by L.L. No. 6-2022]
A.
It is the policy of both the Town of North Salem 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 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 the CCA Program is to allow participating local governments
including the Town of North Salem 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 article establishes
a program that will allow the Town of North Salem 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 article and fulfilling an important public purpose.
C.
The Town of North Salem is authorized to implement this Community
Choice Aggregation (Energy) Program pursuant to § 10(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 article shall be known and may be cited as the "Community Choice
Aggregation (Energy) Program Law of the Town of North Salem."
For purposes of this article, and unless otherwise expressly
stated or unless the context otherwise requires, the terms in this
article 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 that replaces the
incumbent utility as the default electric and/or gas supplier for
all opt-out eligible customers within the Town of North Salem. The
CCA Program may include CDG credits on an opt-out basis and other
DER offerings on an opt-in basis.
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.
Owner or controller of the means of distribution of the electricity
or natural gas 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.
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 article.
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 Town of North Salem, whereby the Town of North Salem 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 Town of North Salem under the CCA Program involves
the aggregating of 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 Town of North Salem participation in a CCA Program constitutes
neither the purchase of a public utility system, nor the furnishing
of utility service. The Town of North Salem 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 Town of North Salem 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 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 suppliers provide energy services
and the terms on which customers may be enrolled with suppliers.
A.
As permitted by the CCA Framework Order, the Town of North Salem
may request from the distribution utilities aggregated customer information
by fuel type, service classification and other relevant, authorized
data.
B.
Sustainable Westchester, on behalf of the Town of North Salem, 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 Town of North Salem, if the Town of
North Salem so chooses, will then request customer-specific data from
the distribution utility in accordance with the CCA Program.
D.
Sustainable Westchester or the Town of North Salem, if the Town of
North Salem 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 customer-specific
data (including usage data, capacity tag obligations, account numbers,
and service addresses) of all eligible customers in the Town of North
Salem.
F.
Sustainable Westchester and the Town of North Salem will protect
customer information as required by law, subject to the CCA Framework
Order and the limitations of the New York State Freedom of Information
Law.
A.
The Town of North Salem will notify, or will cause notification of,
its opt-out-eligible customers by letter notice of the Town of North
Salem 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.
A.
Sustainable Westchester shall be responsible for filing an annual
report with the Public Service Commission as required in the CCA Framework
Order.
