[L.L. No. 2-2018, 3-19-2018]
(a)
It is the policy of both the City of Poughkeepsie 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). 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 small businesses, reflecting local resources, priorities, and
challenges. Energy delivery remains the responsibility of the distribution
utility.
(b)
The purpose of CCA is to allow participating local governments 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
article establishes authority for the City of Poughkeepsie, 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 City
of Poughkeepsie, and to maximize value for participating consumers
through enhanced services related to DER. The City of Poughkeepsie
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 article and fulfilling an
important public purpose.
(c)
The City is authorized to implement this Community Choice Aggregation
Program pursuant to Section 10.1(ii)a(12) of the New York Municipal
Home Rule Law; and consistent with 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 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 municipality.
(d)
This article shall be known and may be cited as Energy Conservation,
with cited Division I, Community Choice Aggregation Program Law of
the City.
[L.L. No. 2-2018, 3-19-2018]
For purposes of this division, and unless otherwise expressly
stated or unless the context otherwise requires, the terms in this
division 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 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 months
by service class.
The City of Poughkeepsie or third-party CCA Administrator,
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 consumers in the City eligible for opt-out treatment
based on the terms of the PSC 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.
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 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 with the
goes into effect.
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 City that receive default service,
and have not opted out, will be enrolled in the program as of the
effective date.
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 municipality. The distribution utility also
serves as the default supplier of electricity and natural gas preceding
the establishment of a CCA program.
Eligible customers 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 program, at one or more locations within the geographic boundaries
of the City, 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 City, as such boundaries exist on
the effective date of the ESA.
An entity duly authorized to conduct business in the State
of New York as an ESCO.
Consumers of electricity that become eligible consumers after
the effective date of the ESA, including those that opt in or move
into City.
Eligible consumers enrolled in the program, either because
they are consumers who receive default service from the distribution
utility as of the effective date and have not opted out, or because
they are new consumers.
The group responsible for initiating and organizing the CCA.
This group will typically secure buy-in from local governments and
engage in preliminary outreach and education around CCA. The program
organizer may be a nonprofit organization, local government, or other
third party. The program organizer and the CCA Administrator may be
the same.
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.
ESCOs that procure electric power and natural gas for eligible
consumers in connection with this division or, alternatively, generators
of electricity and natural gas or other entities who procure and resell
electricity or natural gas.
[L.L. No. 2-2018, 3-19-2018]
(a)
A Community Choice Aggregation (Energy) Program is hereby authorized
by the City of Poughkeepsie, New York, whereby the City may implement
a CCA program to the full extent permitted by the PSC CCA Order, as
set forth more fully herein.
(b)
The City 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 for energy supply and other services
on behalf of eligible consumers.
(c)
The City 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 distributed energy resources (DER) products
and services to participating consumers, including opportunities to
participate in local renewable energy projects, shared solar, energy
efficiency, 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)
The operation and ownership of the utility service shall remain with
the distribution utility. The City's participation in a CCA program
constitutes neither the purchase of a public utility system, nor the
furnishing of utility service. The City 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 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.
[L.L. No. 2-2018, 3-19-2018]
(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 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 City of Poughkeepsie, 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.
[L.L. No. 2-2018, 3-19-2018]
(a)
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 for
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.
(b)
All consumers shall have the option to opt out of the CCA program
at any time without penalty.
(c)
Termination fees shall not be charged to consumers that cancel their
CCA service as a result of moving out of the premises served.
[L.L. No. 2-2018, 3-19-2018]
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.
[L.L. No. 2-2018, 3-19-2018]
(a)
The City may request aggregated data and customer-specific data from
the distribution utility; provided, however, that the request for
customer-specific data is limited to only those eligible consumers
who did not opt out once the initial opt-out period has closed.
(b)
Customer-specific data shall be protected in a manner compliant with,
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 that apply
with respect to the City's 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 City's 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)
The City must enter into a data security agreement with the distribution
utility for the purpose of protecting customer data.
[L.L. No. 2-2018, 3-19-2018]
(a)
A CCA Advisory Group is hereby established to develop and review
CCA-related proposals, act as the City's agent in awarding said
proposals, and forward information regarding such awards to the Common
Council of the City of Poughkeepsie for ratification.
(b)
Membership to the CCA Advisory Group shall include the City Administrator
and members of the Common Council until a relevant Conservation Committee
is formed.
[L.L. No. 2-2018, 3-19-2018]
The City may collect, or cause to be collected, funds from customer
payments to pay for administrative costs associated with running the
CCA program.
[L.L. No. 2-2018, 3-19-2018]
(a)
Annual reports shall be filed with the City Chamberlain 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.
[L.L. No. 2-2018, 3-19-2018]
This division shall be effective upon its filing with the Secretary
of State.
[L.L. No. 2-2018, 3-19-2018]
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.
[L.L. No. 2-2018, 3-19-2018]
It is the intention of the Common Council and it is hereby ordained
that the provisions of this division shall become and be made a part
of the Code of Ordinances of the city of Poughkeepsie, New York, and
the sections of this division may be renumbered to accomplish such
intention.
