[HISTORY: Adopted by the Town Board of the Town of Rush 12-8-2021 by L.L. No. 5-2021. Amendments noted where applicable.]
A.
The Town of Rush 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).
Among the initiatives that may advance these objectives is community
choice aggregation (CCA), a policy that empowers local governments
to, among other things, select default energy offerings on behalf
of its residents and small businesses. Energy delivery shall remain
the responsibility of the distribution utility.
B.
The purpose of CCA is to allow participating local governments, including
the Town, to procure energy supply service for eligible consumers,
who will have the opportunity to opt out of the procurement, while
maintaining transmission and distribution service from the existing
distribution utility. This chapter authorizes establishment of a program
("CCA Program") that would allow the Town and other local governments
to work together through a shared purchasing model to put out for
bid the total amount of natural gas and/or electricity being purchased
by eligible consumers within the jurisdictional boundaries of participating
municipalities. Eligible consumers would 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. The Town may choose
to collaborate with other local governments to form an intermunicipal
CCA Program.
C.
The Town is authorized to implement a CCA 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 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.
D.
This chapter shall be known and may be cited as the "Community Choice
Aggregation Program Law of the Town of Rush."
For purposes of this chapter, and unless otherwise expressly
stated or unless the context otherwise requires, the terms in this
chapter shall have the meaning 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.
The municipality or a 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 CCA Administrator shall be designated by the Town Board
of the municipality.
The PSC's Order Authorizing Framework for Community
Choice Aggregation Opt-Out Program, issued on April 21, 2016, in Case
No. 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.
Customer-specific information, personal data and utility
data for default customers, including the 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 within
opt-out eligible service classes (as set forth in the CCA Orders)
who receive supply service from the distribution utility as of the
date the supply contract goes into effect, or a customer within these
service classes who subsequently becomes eligible to participate in
the CCA 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 municipality. 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 municipality, as such boundaries
exist as of the date the supply 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 Reforming the Energy Vision (REV) 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 entity duly authorized to conduct business in the State
of New York as an ESCO.
The Town of Rush.
A default customer of the CCA Program who has not opted out,
and a nondefault customer of any service class who has voluntarily
enrolled in the CCA Program.
The New York State Public Service Commission.
An ESCO that procures electric power and natural gas for
participating customers 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, 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 contracts with one or more supplier(s)
on behalf of default customers.
C.
The municipality may enter into one or more agreements with other
municipalities, nonprofits, consultants, and/or other third parties
to develop and implement the CCA Program; act as CCA Administrator;
and/or develop offers of opt-in DER products and services to 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 a 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 and will not furnish any type of utility service, but will
instead negotiate with suppliers on behalf of participating customers.
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. 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. Default customers who do not
opt out before the energy contract goes into effect will be enrolled
automatically.
B.
All nondefault consumers within the municipality, 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 municipality, shall issue
one or more requests for proposals to suppliers to provide energy
to participating customers and may then award a contract in accordance
with the CCA Program, this chapter, and the 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.
All participating customers shall have the option to disenroll from
the CCA Program at any time without penalty or any other administrative
or other fee or charge.
C.
Termination fees shall not be charged to consumers that cancel their
CCA service as a result of moving out of the premises served.
A.
The municipality, 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:
(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 municipality or CCA Administrator may collect, or cause
to be collected, funds from participating customer payments to pay
for administrative costs associated with running the CCA Program.
A.
The CCA Administrator shall prepare and file with the Town 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 a CCA supply 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.
