A. 
A Community Choice Aggregation (Energy) Program is hereby authorized to be established by the Town of Olive. The Town may establish and implement a CCA Program to the full extent permitted by the PSC CCA Order and any subsequent PSC orders approving the CCA Program implementation plan, as set forth more fully herein.
B. 
The Town may act as aggregator or broker for the sale of electric supply to eligible consumers and may enter into contracts with one or more suppliers and/or DER providers for energy supply and other services on behalf of eligible consumers.
C. 
The Town may enter into agreements and contracts with other municipalities, nonprofits, consultants, and/or other third parties to:
(1) 
Develop and implement the CCA Program;
(2) 
Act as CCA Administrator and/or contract out the role of CCA Administrator to a third party; such agreement will set forth the various rights and responsibilities of the parties, and will govern the manner in which the CCA Program is run. This agreement shall also authorize the CCA Administrator to act as the Town of Olive's agent for the purpose of procuring energy supply or other energy-related value-added services for CCA-Program eligible customers; and/or
(3) 
Develop offers of 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 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 and/or DER providers on behalf of participating consumers.
E. 
Participating consumers will be charged a CCA Program subscription fee which may include (but not necessarily be limited to) the ESCO supply charge; a DER subscription charge (if applicable); and the administration fee described in this chapter. This subscription fee will appear on the participating consumers' bills from the distribution utility.
F. 
The Town Board, either acting on its own or through the CCA Administrator, is authorized to prepare and submit a Community Choice Aggregation Implementation Plan to the New York State Public Service Commission for approval of a CCA Program, as outlined in the PSC CCA Order. Such an implementation plan will include final details of the CCA Program as outlined therein.
A. 
All consumers within the Town, including residential and nonresidential, regardless of size, shall be eligible to participate in the CCA Program; provided, however, that participation in DER projects may depend on DER project availability and may be restricted by distribution utility service class.
B. 
All consumers who are members of Electric SC 1 Residential Service, SC 2 General Service and Gas SC 1 Residence Rate, SC 2 Commercial and Industrial Rate may 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 customer has already made to take service pursuant to a special rate. Those consumers may be enrolled on an opt-in basis. The definitive rules with respect to enrollment of eligible consumers will be set forth in the CCA implementation plan.
C. 
New consumers shall be enrolled on an opt-out basis.
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 and/or DER provider(s), including specific details on rates, fees, services, contract terms, 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 CCA Program under the contract terms and that information on those consumers, including energy usage data and assistance program participant (APP) status, will be provided to the ESCO and/or the DER providers. The opt-out letter shall also explain that the CCA Administrator will be authorized to enroll participating consumers in DER projects and communicate such enrollment to the distribution utility under relevant PSC-approved rules and tariffs so that participating consumers may receive applicable billing credits from the distribution utility.
A. 
All consumers shall have the option to opt out of the CCA Program at any time without departure penalty.
B. 
Termination fees shall not be charged to consumers that cancel their CCA services as a result of moving out of the premises served.
Participating consumers shall be provided customer service, including a toll-free telephone number available during normal business hours (9:00 a.m. through 5:00 p.m., eastern time, Monday through Friday) to resolve concerns, answer questions and transact business with respect to the CCA Program.
A. 
The Town 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 before the initial opt-out period closed.
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's 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's 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. 
The Town must enter into a data security agreement with the distribution utility for the purpose of protecting customer data. The agreement will ensure that the CCA Program and any selected ESCO(s) handle all confidential or sensitive customer data in keeping with those customer data protections already afforded by the utility prior to the enactment of this chapter. This agreement will also ensure that CCA customer data, such as contract information, is not used for inappropriate purposes, such as solicitation of business unrelated to the CCA Program, its goals and objectives.