[HISTORY: Adopted by the Town Board of the Town of Greenburgh 9-29-2015 by L.L. No. 12-2015. Amendments noted where applicable.]
A.Â
It is the policy of both the Town of Greenburgh 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 customers in those markets. Among
the policies and models that may offer benefits in New York is community
choice aggregation, which allows local governments to determine the
default supplier of electricity and natural gas on behalf of its residential
and small commercial customers.
B.Â
The purpose of this Community Choice Aggregation (CCA) Energy Program
is to allow participating governments, including the Town of Greenburgh,
to procure energy supply service for their residential and small commercial
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 Town of Greenburgh to put out for bid the total amount of
natural gas and/or electricity being purchased by local residential
and small commercial customers. These 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.Â
The Town of Greenburgh is authorized to implement this Community
Choice Aggregation (Energy) Program pursuant to Section 10(1)(ii)(a)(12)
of the New York Municipal Home Rule Law, and State of New York Public
Service Commission Orders issued in Cases 14-M-0564 and 14-M-0224
("PSC Order").
D.Â
This chapter shall be known and may be cited as the "Sustainable
Westchester: Community Choice Aggregation (Energy) Program Law of
the Town of Greenburgh."
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:
Residential and small commercial customers of electricity
or natural gas ("fuels") who are purchasing the fuels from the Distribution
Utility.
A municipal energy procurement program which replaces the
incumbent utility as the default Supplier for all Bundled Customers
within the Town of Greenburgh.
The owner or controller of the means of distribution of the
natural gas or electricity that is regulated by the Public Service
Commission.
An order of the State of New York Public Service Commission
(PSC) in Case 14-M-0564, Petition of Sustainable Westchester for Expedited
Approval for the Implementation of a Pilot Community Choice Aggregation
Program within the County of Westchester, Order Granting Petition
in Part (issued February 26, 2015), as may be amended and agreed to
by the Town of Greenburgh, including subsequent orders of the PSC
issued in connection with or related to Case 14-M-0564. "PSC Order"
shall also mean orders of the PSC related to Case 14-M-0224, Proceeding
on Motion of the Commission to Enable Community Choice Aggregation
Programs (issued December 15, 2014), to the extent that orders related
to Case 14-M-0224 enable actions by the Town of Greenburgh not otherwise
permitted pursuant to orders related to Case 14-M-0564; provided,
however, that in the event of any conflict between orders from Case
14-M-0564 and orders from Case 14-M-0224, orders from Case 14-M-0564
shall govern the CCA Program.
The New York State Public Service Commission.
Nonresidential customers as permitted by the PSC Order.
Energy service companies (ESCOs) that procure electric power
and natural gas for Bundled Customers in connection with this Chapter
or, alternatively, generators of electricity and natural gas or other
entities that procure and resell electricity or natural gas.
A not-for-profit organization comprised of member municipalities
in Westchester County, New York.
A.Â
A Community Choice Aggregation (Energy) (CCA) Program is hereby established
by the Town of Greenburgh whereby the Town of Greenburgh shall work
together with Sustainable Westchester to implement the CCA Program
to the full extent permitted by the PSC Order. The Town of Greenburgh's
role under the CCA Program involves the aggregating of the electric
and/or natural gas supply of its residents and the entering into a
contract with one or more Suppliers. Under the CCA Program, the operation
and ownership of the utility service shall remain with the Distribution
Utility.
B.Â
The Town of Greenburgh's participation in a CCA Program constitutes
neither the purchase of a public utility system nor the furnishing
of utility service. The Town of Greenburgh will not take over any
part of the electric or gas transmission or distribution system and
will not furnish any type of utility service.
C.Â
In order to implement the CCA Program, the Town of Greenburgh 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 consistent with this chapter and the PSC Order.
A.Â
As permitted by the PSC Order, the Town of Greenburgh may request
from the Distribution Utilities aggregated customer information, by
fuel type and service classification, on a rolling basis.
B.Â
Sustainable Westchester, on behalf of the Town of Greenburgh, shall
issue one or more requests for proposals to Suppliers to provide energy
to participants and may then award a contract in accordance with the
CCA Program.
C.Â
Sustainable Westchester or the Town of Greenburgh, if the Town so
chooses, subject to confidentiality requirements satisfactory to the
Town Attorney and Town Board, will then request individual customer
data from the Distribution Utility in accordance with the CCA Program.
D.Â
At no cost to the Town of Greenburgh, Sustainable Westchester or
the Town of Greenburgh, if the Town so chooses, and the selected Supplier
will then notify Bundled Customers of the contract terms and their
opportunity to opt out of the CCA Program.
E.Â
In accordance with and for purposes of the PSC Order, the existing
Distribution Utility, subject to confidentiality requirements satisfactory
to the Town Attorney and Town Board, will provide to Sustainable Westchester
aggregate and customer-specific data (including usage data, capacity
tag obligations, account numbers, and service addresses) of all Bundled
Customers in the Town of Greenburgh not currently enrolled with an
ESCO.
F.Â
Sustainable Westchester and the Town of Greenburgh will protect customer
information as required by law, subject to the Order and the limitations
of the New York State Freedom of Information Law.
A.Â
At no cost to the Town of Greenburgh, the Town of Greenburgh or in
conjunction with the chosen Supplier will notify its bundled residential
and small commercial customers, by letter notice, of the Town of Greenburgh's
decision to establish the CCA Program, of the contract terms with
the chosen Supplier, and of the opportunity to opt out of the CCA
Program. The Town of Greenburgh may also notify residents currently
enrolled with an ESCO of the CCA Program, the contract terms, and
their opportunity to participate in the CCA program.
B.Â
The letter notice will be sent to each customer at the address provided
by the Distribution Utility and will explain the CCA Program and the
material provisions of the contract with the chosen Supplier, 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.Â
The opt-out period shall be 20 days.
D.Â
CCA Program Bundled Customers, upon enrollment, will receive a welcome
letter that will explain the customers' options for canceling
the enrollment if they believe they were enrolled incorrectly or otherwise
decide to withdraw from the CCA Program in favor of another Supplier.
The welcome letter also will explain that residential customers are
entitled to the added protection of the mandated three-day rescission
period as detailed in Section 5(B)(3) of the Uniform Business Practices.
E.Â
In the event that the chosen Supplier's price is higher than
the average Distribution Utility's price for three consecutive
months, the Town of Greenburgh will post such occurrence on the Town
of Greenburgh website and may notify by mail CCA program customers
who are subject to the default rate.
Sustainable Westchester shall be responsible for filing an annual
report with the Public Service Commission, which identifies the number
of customers enrolled in the CCA Program by municipality and customer
class, the number of customers who returned to utility service or
service with another Supplier during the reporting period, and the
average cost of commodity supply, by month, for the reporting period.
Sustainable Westchester shall file a copy of the report with the Town
of Greenburgh.
