[HISTORY: Adopted by the Board of Trustees of the Village
of Southampton 12-10-2020 by L.L. No. 7-2024. Amendments noted where
applicable.]
A.
The Town of Southampton (the "Town") has established a goal of achieving
100% renewably sourced electric energy by the year 2025. Achieving
this goal will require the Town to evaluate every available renewable
energy technology and related policy options. In addition, it is the
policy of both the Town of Southampton, as reflected in its adopted
Sustainability 400+ Plan, and the State of New York, as a component
of its Renewal Energy Vision Initiative, to: i) reduce costs and provide
cost certainty for the purpose of economic development; ii) promote
deeper penetration of energy efficiency and renewable energy resources,
such as wind, solar, and the wider deployment of distributed energy
resources; and iii) 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. The Village of Southampton has reviewed
the state and Town energy goals and hereby formally endorses and supports
these energy initiatives.
B.
Currently, operational in 27 cities, towns and villages in New York
State, and legislatively approved in 36 additional New York State
municipalities, 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 chapter establishes a program (the "CCA
Program") that will allow the Village of Southampton to work together
with other governmental partners where appropriate through a shared
purchasing model to request bids based upon the total amount of natural
gas and/or electricity being purchased by eligible consumers within
the jurisdictional boundaries of participating municipalities, in
order to identify more competitive pricing and source generation.
Eligible consumers will have the opportunity to:
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 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 individual duly authorized by Village Board resolution
to put out for bid 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.
Customer specific information, personal data and utility
data for all consumers in the municipality eligible for opt-out treatment
based on the terms of Public Service Commission (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.
An agreement between the distribution utility and the municipality
that obligates each party to meet, collectively:
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 or its representative's processing of
confidential utility information;
The distribution utility's internal requirements and procedures
relating to the protection of information that identifies or can be
used to identify individual eligible consumers with respect to the
CCA Administrator or its representative's processing of confidential
utility information; and
The PSC CCA Order and PSC rules, regulations and guidelines
relating to confidential data.
The 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 municipality that receive
default service, and have not opted out, will be enrolled in the Program
as of the effective date.
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.
Owner or controller of the means of distribution of the natural
gas or electricity that is regulated by the Public Service Commission.
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 Village, 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 municipality, 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 the municipality.
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 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."
The New York State Public Service Commission.
ESCOs that procure 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 (Energy) Program is hereby established
by the municipality, whereby the municipality may implement a CCA
Program to the full extent permitted by the PSC CCA Order, as set
forth more fully herein.
B.
The Village may act as the 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 Village 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
(3)
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 Village's participation in a CCA
Program constitutes neither the purchase of a public utility system,
nor the furnishing of utility service. The Village 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.
A.
All consumers within the Village, including residential and nonresidential,
regardless of size, shall be eligible to participate in the CCA Program.
B.
All consumers that are members of classes identified by the utility
as inclusive of residential and nonresidential service shall be enrolled
on an opt-out basis except for consumers: i) that are already taking
service from an ESCO; ii) that have placed a freeze or block on their
account; or iii) 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.
C.
New consumers shall be enrolled on an opt-out basis.
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.
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 Village 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:
(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 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 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 Village must enter into a data security agreement with the distribution
utility for the purpose of protecting customer data.
The Village 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 Southampton Village Clerk
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.
The Village is authorized to implement this CCA Program pursuant
to § 10(1)(ii)(a)(12) of Municipal Home Rule Law, and takes
guidance from the 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.
If any section or subsection, paragraph, clause, phrase or provision
of this chapter shall be adjudged invalid or held unconstitutional
by any court of competent jurisdiction, any judgment made thereby
shall not affect the validity of this chapter as a whole or any part
thereof other than the part or provisions so adjudged to be invalid
or unconstitutional.
