[HISTORY: Adopted by the Board of Trustees of the Village
of Nyack 5-23-2019 by L.L. No. 4-2019. Amendments noted where applicable.]
A.
It is the policy of both the Village of Nyack and 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 consumers in retail energy markets, as well as to
promote the sustainability and resilience of energy systems through
the proliferation of renewable energy, energy efficiency, and distributed
energy resources (DER, defined below). Among the initiatives that
may advance these objectives in New York is community choice aggregation
(CCA), a policy that empowers local governments to determine the source
of electricity and/or natural gas supply on behalf of its residents
and all businesses, reflecting local resources, priorities, and challenges.
Energy delivery remains the responsibility of the distribution utility.
B.
This chapter establishes the authority for the Village of Nyack Board
of Trustees, in connection with the implementation a CCA program,
to acquire utility data, to select, through competitive solicitation,
energy supplier(s) on behalf of default consumers within the jurisdictional
boundaries of the Village of Nyack, and to maximize value for participating
consumers through enhanced services related to DER. The Village of
Nyack may choose to collaborate with other local governments to form
an intermunicipal program. As a result, consumers will have the opportunity
to lower and stabilize their energy costs, to spur local clean energy
innovation and investment, and to reduce their environmental impact;
thereby fulfilling the purposes of this chapter and fulfilling an
important public purpose.
C.
The Village of Nyack Board of Trustees is authorized and enabled
to implement this CCA program pursuant to § 10(1)(ii)(a)(12)
of the New York Municipal Home Rule Law; and consistent with State
of New York Public Service Commission orders including and related
to Case No. 14-M-0224 [Proceeding on Motion of the Commission to Enable
Community Choice Aggregation Programs (issued April 21, 2016)].
D.
This chapter shall be known and may be cited as the "Community Choice
Aggregation Program Law of the Village of Nyack."
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, but 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.
Duly authorized to request aggregated and customer-specific
data, 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 PSC CCA Order, unless otherwise
specified.
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 going 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 ESCO,
removed a freeze or block on their account, have voluntarily suspended
service pursuant to a special rate, or are new residents of the Village
of Nyack. 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 customers 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 Village of Nyack, 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 geography of the CCA.
Owner or controller of the means of distribution of the natural
gas or electricity in the Village of Nyack. 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 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 authorized by the
Village of Nyack, whereby the Village of Nyack may implement a CCA
program to the full extent permitted by the PSC CCA order, as set
forth more fully herein.
B.
The Village of Nyack 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 Village of Nyack may enter into agreements and contracts with
other municipalities, nonprofits, consultants, and/or other third
parties to i) develop and implement the CCA program, ii) act as CCA
Administrator, and/or iii) 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 Village of Nyack's participation
in a CCA program constitutes neither the purchase of a public utility
system, nor the furnishing of utility service. The Village of Nyack
shall not take over any part of the electric or gas transmission or
distribution systems 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 includes 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 disenroll 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 Village of Nyack, 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 Village of Nyack, 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 and APP status, will be provided to the ESCO.
B.
After the thirty-day opt-out period, all consumers shall have the
option to disenroll from the CCA program at any time without penalty.
A.
The Village
of Nyack, 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, (i) all national, state and local Jaws, 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 Nyack or its representative's processing
of confidential utility information; (ii) 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 Nyack or its representative's
processing of confidential utility information; and (iii) the PSC
CCA order and PSC rules, regulations and guidelines relating to confidential
data.
C.
For the purpose of protecting customer data, the Village of Nyack
must enter into an agreement with the distribution utility that obligates
each party to meet, collectively, (i) 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; (ii) 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 consumer or participating
consumer with respect to the CCA Administrator or its representative's
processing of confidential utility information; and (iii) the PSC
CCA order and PSC rules, regulations and guidelines relating to confidential
data.
The Village of Nyack 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 Village of Nyack Board of
Trustees by March 31 of each year and cover the previous calendar
year.
B.
Annual reports shall include, at a minimum: the 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.
This chapter shall be effective immediately upon passage.
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.
