[HISTORY: Adopted by the Town Board of the
Town of Philipstown as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 62.
[Adopted 6-7-1979 by L.L. No. 1-1979]
The terms used herein shall have the same meaning
as such terms are defined in the code, unless the context requires
a different meaning. The word "code" means the State Energy Conservation
Construction Code.[1]
[1]
Editor's Note: See Energy Law § 11-101
et seq.
[Amended 9-7-1989 by L.L.
No. 5-1989]
The code shall be administered and enforced by the Town Building Inspector in the same manner, to the same extent as and in accordance with the procedure applicable to the Town's administration and enforcement of the New York State Uniform Fire Prevention and Building Code. (See Chapter 62, Building Construction and Fire Prevention.)
A.
Plans and specifications for construction of a building
prepared by a licensed professional and certified by him that they
are in compliance with the code shall be deemed acceptable under the
code to the Building Inspector for the purpose of issuing a building
permit or other similar approval necessary to commence construction.
B.
A certification by a licensed professional that construction
has been completed in compliance with the code may be accepted by
the Building Inspector as evidence of such compliance for purposes
of issuing a certificate of occupancy or other similar approval or
authorization for occupancy or use of the building.
[Amended 9-7-1989 by L.L.
No. 5-1989]
If the Building Inspector determines that a
building subject to the code is not in compliance with such code,
he shall allow at least 30 days or such other period of time as may
be applicable under the Town's administration and enforcement of the
Uniform Fire Prevention and Building Code, whichever is longer, for
such compliance.
[Adopted 2-16-2017 by L.L. No. 1-2017]
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 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 Town of Philipstown or its duly authorized Community
Choice Aggregation Administrator authorized to request aggregated
and customer-specific data to competitively solicit suppliers for
the aggregated demand for electricity and/or natural gas on behalf
of default consumers, and to offer participating consumers additional
opportunities to participate or enroll in programs or projects related
to distributed energy resources. The CCA Administrator is responsible
for program organization, administration, procurement, communications,
and for meeting all requirements for program implementation specified
in the Public Service Commission Community Choice Aggregation Order
(PSC CCA Order), unless otherwise specified.
A Town-sponsored program, either alone or in concert with
other municipalities, under which the aggregate buying power of individual
energy customers within a defined jurisdiction is used in order to
secure alternative energy supply contracts on a community-wide basis,
while allowing consumers not wishing to participate in the program
to opt out.
Customer-specific information, personal data and utility
data for all default consumers, including the customer of record's
name, mailing address, telephone number, account number, and primary
language, if available, and any customer-specific alternate billing
name, address, and phone number.
Customers of electricity and/or natural gas within opt-out-eligible
service classes (as delineated in the PSC CCA Order) who receive supply
service from the distribution utility as of the date the supply contract
goes into effect, or consumers within these service classes that subsequently
become eligible to participate in the program, including those that
have terminated a supply contract with an energy services company,
removed a freeze or block on their account, have voluntarily suspended
service pursuant to a special rate, or are new residents of the Town.
Consumers within opt-out-eligible service classes, as of the date
the supply contract goes into effect, taking service from an energy
services company, 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 Town, as such boundaries exist
as of the date the supply contract goes into effect.
Local renewable energy projects, community-distributed generation
(e.g., shared solar), peak demand management, energy efficiency, demand
response, energy storage, community resilience microgrid projects,
and other innovative 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 Program.
Owner or controller of the means of distribution of the natural
gas or electricity in the Town. The distribution utility also serves
as the default supplier of electricity and 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.
Default consumers who have not opted out, and non-default
consumers of any service class that have voluntarily enrolled in the
program.
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."
New York State Public Service Commission.
An ESCO that procures electric power and natural gas for
participating consumers in connection with this article or, alternatively,
generators of electricity and natural gas or other entities who procure
and resell electricity or natural gas.
A.
A CCA Program is hereby authorized by the Town, whereby the Town
may implement a CCA Program to the full extent permitted by the PSC
CCA Order, as set forth more fully herein.
B.
The Town may enter into contracts with one or more suppliers for
electric and/or natural gas supply and other services on behalf of
default consumers.
C.
The Town may enter into agreements and contracts 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 consumers.
D.
The operation and ownership of the utility service shall remain with
the distribution utility. The Town's participation in a CCA Program
constitutes neither the purchase of a public utility system, nor the
furnishing of utility service. The Town 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 consumers.
E.
The Public Service Commission supervises retail markets and participants
in these markets through legislative and regulatory authority and
the Uniform Business Practices, which include rules relating to the
eligibility of participating ESCOs, the operation by which ESCOs provide
energy services, and the terms on which customers may be enrolled
with ESCOs.
A.
All default consumers shall be enrolled on an opt-out basis. Default
consumers will have the right to opt out before the supply contract
goes into effect, or unenroll any time thereafter with no penalty.
Those that do not opt out before the supply contract goes into effect
will be enrolled automatically.
B.
All non-default consumers within the Town, 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 Town of Philipstown, 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.
A.
A program notification letter, printed on municipal letterhead, shall
be mailed to default consumers at least 30 days prior to customer
enrollment. The letter shall include information on the CCA Program
and the contract signed with the selected supplier(s), including specific
details on rates, services, contract term, cancellation fee, and methods
for opting out of the CCA Program. The letter shall explain that consumers
that do not opt out will be enrolled in the program under the contract
terms and that information on those consumers, including energy usage
data, will be provided to the ESCO.
B.
After the thirty-day opt-out period, all consumers shall have the
option to unenroll from the CCA Program at any time without penalty.
A.
The Town, 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 or other government
standards relating to the protection of information that identifies
or can be used to identify an individual that apply with respect to
the Town or its representative's processing of confidential utility
information;
(2)
The utility's internal requirements and procedures relating
to the protection of information that identifies or can be used to
identify an individual that apply with respect to the Town or its
representative's processing of confidential utility information;
and
(3)
The PSC CCA Order and PSC rules, regulations and guidelines relating
to confidential data.
C.
For the purpose of protecting customer data, the Town shall enter
into an agreement with the distribution utility that obligates each
party to meet, collectively:
(1)
All national, state and local laws, regulations or other government
standards relating to the protection of information that identifies
or can be used to identify an individual default consumer or participating
consumer with respect to the CCA Administrator 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 individual default consumer or participating consumer
with respect to the CCA Administrator or its representative's
processing of confidential utility information; and
(3)
The PSC CCA Order and PSC rules, regulations and guidelines relating
to confidential data.
The Town or CCA Administrator may collect, or cause to be collected,
funds from customer payments to pay for administrative costs associated
with running the CCA Program.
A.
Annual reports shall be filed with the Philipstown Town Board by
March 31 of each year and cover the previous calendar year.
B.
Annual reports shall include, at a minimum: number of consumers served;
number of consumers cancelling during the year; number of complaints
received; commodity prices paid; value-added services provided during
the year (e.g., installation of DER or other clean energy services);
and administrative costs collected. The first report shall also include
the number of consumers who opted out in response to the initial opt-out
letter or letters.
C.
If a CCA supply contract will expire less than one year following
the filing of the annual report, the report must identify current
plans for soliciting a new contract, negotiating an extension, or
ending the CCA Program.
