[HISTORY: Adopted by the Board of Trustees of the Village
of Wesley Hills 6-5-2018 by L.L.
No. 1-2018. Amendments noted where applicable.]
A.
It is the policy of both the Village of Wesley Hills and the State
of New York to seek to reduce the cost of natural gas and electricity
to its residents 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 development
of distributed energy resources, as well as to examine the retail
energy markets and increase participation of and benefits for eligible
consumers 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 determine the default supplier of
electricity and natural gas on behalf of eligible consumers.
B.
The purpose of this CCA program is to allow participating local governments,
including the Village of Wesley Hills, to procure electricity or natural
gas supply service on behalf of their residential and commercial customers
while maintaining transmission and distribution service from the existing
distribution utility. Residential and commercial customers will have
the opportunity to opt out of any approved CCA program. This chapter
establishes a program that will allow the Village of Wesley Hills,
or its designated agent or administrator for that purpose, to put
out for bid the total amount of natural gas and/or electricity being
purchased by residential and commercial customers participating in
the CCA program. Eligible consumers 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 Wesley Hills is hereby authorized to participate in
a community choice aggregation 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, including subsequent orders of
the Public Service Commission (PSC) issued in connection with or related
to Case No. 14-M-0224, to the extent that orders related to Case No.
14-M-0224 enable actions by the Village.
D.
This chapter shall be known and may be cited as the "Community Choice
Aggregation Program Law" of the Village of Wesley Hills.
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:
Aggregated and anonymized information, including the number
of consumers by service class, the aggregated peak demand (kW) (for
electricity) by month for the past 12 to 24 months, by service class
to the extent possible, and the aggregated energy (kWh) for electricity
or volumetric consumption for gas by month for the past 12 to 24 months
by service class.
The entity selected by the Village of Wesley Hills duly authorized
to put out the bid for the total amount of electricity and/or natural
gas being purchased by participating consumers. The CCA Administrator
is responsible for program organization, administration, procurement,
and communications, unless otherwise specified.
A municipal energy procurement program, which replaces the
incumbent utility as the default supplier of energy for all residential
and commercial customers within the Village of Wesley Hills who have
not opted out of the CCA program. Notwithstanding the above, the incumbent
utility will continue to distribute energy as the distribution utility
to all residential and commercial customers within the CCA program.
Customer-specific information, personal data and utility
data for all consumers in the Village of Wesley Hills eligible for
opt-out treatment based on the terms of the CCA order and the CCA
program design, 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.
An agreement between the distribution utility and the Village
of Wesley Hills that obligates each party to meet, collectively:
A.
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 eligible consumer with respect
to the CCA Administrator's or its representative's processing
of confidential utility information;
B.
The distribution utility's internal requirements and procedures
relating to the protection of information that identifies or can be
used to identify individual eligible consumer with respect to the
CCA Administrator's or its representative's processing of
confidential utility information; and
C.
CCA ORDER
DEFAULT SERVICE
DISTRIBUTED ENERGY RESOURCES (DER)
DISTRIBUTION UTILITY
ELIGIBLE CONSUMERS
NEW CONSUMERS
PARTICIPATING CONSUMERS
PUBLIC SERVICE COMMISSION or PSC
SUPPLIERS
The CCA order and PSC rules, regulations, and guidelines relating
to confidential data.
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."
Supply service provided by the distribution utility to consumers
who are not currently receiving service from an energy service company
(ESCO). Eligible consumers within the Village of Wesley Hills that
receive default service, and have not opted out, will be enrolled
in the CCA program.
Local renewable energy projects, shared renewables like community
solar, energy efficiency, demand response, energy management, energy
storage, microgrid projects and other innovative Reforming the Energy
Vision (REV) initiatives that optimize system benefits, target and
address load pockets/profile within the CCA's zone, and reduce
cost of service for participating consumers.
The local incumbent utility owning and controlling the means
of distribution of the natural gas or electricity that is regulated
by the PSC.
Eligible consumers of electricity and/or natural gas who
receive default service from the distribution utility as of the effective
date, or new consumers that subsequently become eligible to participate
in the CCA program, at one or more locations within the geographic
boundaries of the Village of Wesley Hills, except those consumers
who receive default service and have requested not to have their account
information shared by the distribution utility. For the avoidance
of doubt, all eligible consumers must reside or be otherwise located
at one or more locations within the geographic boundaries of the Village
of Wesley Hills, as such boundaries exist on the effective date of
the energy services agreement (ESA) between the Village of Wesley
Hills and the supplier.
Consumers of electricity that become eligible consumers after
the effective date of the ESA between the Village of Wesley Hills
and the supplier, including those that opt in or move into the Village
of Wesley Hills.
Eligible consumers enrolled in the CCA program, either because
they are consumers who receive default service from the distribution
utility as of the effective date of the ESA and have not opted out,
or are new consumers.
New York State Public Service Commission.
An energy service company (ESCO) duly authorized to conduct
business in the State of New York as an ESCO and that produces electric
power and natural gas for eligible consumers 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 is hereby established by the
Village of Wesley Hills, whereby the Village of Wesley Hills may implement
a CCA program to the full extent permitted by the CCA order, and any
subsequent orders, as set forth more fully herein.
B.
The Village of Wesley Hills may act as aggregator or broker for the
sale of electric supply, gas supply, or both to eligible consumers
and may enter into contracts with one or more suppliers, through the
CCA Administrator, for energy supply and other services on behalf
of eligible consumers.
C.
The CCA Administrator and the Village of Wesley Hills may enter into
agreements and contracts with other municipalities to develop offers
of opt-in distributed energy resources (DER) products and services
to participating consumers, including opportunities to participate
in local renewable energy projects, solar, energy efficiency, benchmarking,
microgrids, storage, demand response, energy management, and other
innovative Reforming the Energy Vision (REV) initiatives and objectives
designed to optimize system benefits, target and address load pockets/profile
within the CCA zone, and reduce costs for CCA customers.
D.
Under the CCA program, the operation and ownership of distribution
service shall remain with the distribution utility. The Village of
Wesley Hills's procurement of energy supply through a CCA program
constitutes neither the purchase of a public utility system, nor the
furnishing of utility service. The Village of Wesley Hills 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 through the CCA Administrator on
behalf of participating consumers.
A.
All consumers within the Village of Wesley Hills, including residential
and nonresidential, regardless of size, shall be eligible to participate
in the CCA program in accordance with the CCA order.
B.
All consumers that are members of (identify eligible service classes
listed, by utility, in Appendix C of the CCA order) shall be enrolled
on an opt-out basis except for consumers that are already taking service
from an ESCO, that have placed a freeze or block on their account,
or for whom inclusion in the CCA program will interfere with a choice
the consumer has already made to take service pursuant to a special
rate. Those consumers may be enrolled on an opt-in basis.
C.
New consumers shall be enrolled on an opt-out basis. Those consumers
will be mailed an opt-out letter consistent with the requirements
in the CCA order.
A.
The CCA Administrator, on behalf of the Village of Wesley Hills,
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.
B.
The terms of the supplier contracts ("CCA contract") shall comply
with applicable laws and state programs and policies.
An opt-out letter, printed on municipal letterhead, shall be
mailed to eligible consumers at least 30 days prior to customer enrollment.
The opt-out letter shall include information on the CCA program and
the contract signed with the selected ESCO, including specific details
on rates, services, contract term, cancellation fee, and methods of
opting-out of the CCA program. The letter shall explain that consumers
that do not opt-out will be enrolled in ESCO service under the contract
terms and that information on those consumers, including energy usage
data and APP status, will be provided to the ESCO.
Participating consumers shall be provided customer service including
a toll-free telephone number available during normal business hours
(9:00 a.m. to 5:00 p.m. Eastern time, Monday through Friday) to resolve
concerns, answer questions, and transact business with respect to
the service received from the supplier.
A.
The CCA Administrator may request the distribution utility's
aggregated customer information on all participating consumers in
the Village of Wesley Hills.
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 Village of Wesley Hills 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 Village of Wesley
Hills or its representative's processing of confidential utility
information; and
(3)
The CCA order and PSC rules, regulations and guidelines relating
to confidential data.
C.
The Village of Wesley Hills must enter into a data security agreement
with the distribution utility for the purpose of protecting customer
data.
The Village of Wesley Hills 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 Board of Trustees of the Village
of Wesley Hills 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.
This chapter shall be effective immediately upon passage.
The invalidity or unenforcability 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 unenforcability of any other section, subsection, paragraph, sentence,
clause, provision, or phrase, which shall remain in full force and
effect.
