[HISTORY: Adopted by the Common Council of the City of Hudson 2-20-2024 by L.L. No. 2-2024. Amendments noted where applicable.]
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.
A third-party CCA administrator duly authorized 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 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.
An agreement between the distribution utility and the City
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 eligible 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 individual eligible consumers 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.
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, 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 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 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 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 City of Hudson, 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.
A.
Implementation plan.
(1)
The City of Hudson, with support from its CCA administrator, will
create and follow a CCA implementation plan which shall outline the
details of how the CCA program will be created and operated, including
how public outreach and education will occur, what rules will apply
to the program, how the procurement process will be implemented, how
energy contracts will be selected, and how responsibilities will be
divided amongst the CCA administrator, City, and eligible customers.
(2)
In accordance with the NYSPSC order authorizing CCAs, the CCA implementation
plan will be reviewed and approved by the Public Service Commission.
Such review may involve NYSPSC approval of a generic CCA implementation
plan, with the understanding that community-specific appendices would
be submitted later and would outline appropriately tailored local
education and outreach efforts.
(3)
Where a generic CCA implementation plan will be used, the City of
Hudson and the CCA administrator will make community-specific revisions
to the plan's appendices to ensure the plan is properly tailored
to the needs of the City of Hudson's residents. Therefore, prior
to or in conjunction with the enactment of this chapter, and thereafter
from time to time, the City of Hudson, with support from the CCA administrator,
will create and update a CCA program opt-out letter, as well as an
education and outreach plan, as provided in the implementation plan
appendix for this community.
(4)
The City of Hudson opt-out letter and education and outreach plan
shall conform to those requirements for public outreach, education,
and opt-out procedures set forth in the NYSPSC order authorizing CCAs,
and any other applicable laws or regulations, and shall ensure that
the City of Hudson and its CCA administrator engage in a robust effort
to educate and inform the community about the CCA program and their
options for participating or opting out.
B.
Public outreach and education.
(1)
The City of Hudson, together with its CCA administrator, will provide
public notices, presentations, information sheets, and other forms
of outreach, as outlined in the appendix of the implementation plan,
to ensure residents are informed about the CCA program and their options
for participating or opting out.
(2)
Once the CCA program is operating, the City of Hudson, together with
the CCA administrator, will continue to engage in public outreach
to keep CCA customers informed about any changes to the CCA program;
opportunities for new products or services available through the CCA
program, such as renewable energy buying options; important terms
and durations of ESAs; information about the selected ESCOs; and any
other matters related to the CCA program.
A.
All consumers within the City, including residential and nonresidential,
regardless of size, shall be eligible to participate in the CCA program.
B.
All consumers who are members of residential, general service, commercial,
and industrial rate classes, as aligned with Hudson's distribution
utility categories, as well as those with service to multiple dwellings
and, depending on the granularity available, in utility tariffs, 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.
Consumers moving into or out of the community after CCA adoption.
Residents and small commercial customers who establish utility accounts
in this community after the effective date of this chapter shall be
afforded the opportunity to opt out of the CCA program within a reasonable
time after their utility account is established, in accordance with
contractual agreements between the CCA administrator and any ESCO(s)
providing service to the program.
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, with the understanding that after enrollment
in the program, the effective date of the opt-out will need to allow
for reasonable administrative processing time frames.
C.
Termination fees shall not be charged to consumers that cancel their
CCA service as a result of moving out of the premises served.
A.
CCA administrator. The City of Hudson will enter into a CCA administration
agreement with its CCA administrator. Such an 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 City of Hudson's
agent for the purpose of procuring energy supply or other energy-related
value-added services for CCA program eligible customers.
B.
Customer service and complaints. 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. The CCA administrator will provide the City of Hudson Advisory
Group with clear, up-to-date contact information for customer questions,
concerns or complaints. The CCA administrator shall, from time to
time, and/or at the request of the City of Hudson's Mayor or
Common Council, submit a report regarding customer service matters.
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 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 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 shall enter into a data security agreement with the distribution
utility for the purpose of protecting customer data.
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 for ratification.
B.
Membership to the CCA Advisory Group shall include a representative
of the Conservation Advisory Council, City Treasurer, two members
of the Common Council selected by the Council President, and a Mayoral
appointee who is a resident of the City of Hudson.
The City 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 City Clerk of the City 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.
