Town of Philipstown, NY
Putnam County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Philipstown as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 62.
[Adopted 6-7-1979 by L.L. No. 1-1979]
The terms used herein shall have the same meaning as such terms are defined in the code, unless the context requires a different meaning. The word "code" means the State Energy Conservation Construction Code.[1]
[1]
Editor's Note: See Energy Law § 11-101 et seq.
[Amended 9-7-1989 by L.L. No. 5-1989]
The code shall be administered and enforced by the Town Building Inspector in the same manner, to the same extent as and in accordance with the procedure applicable to the Town's administration and enforcement of the New York State Uniform Fire Prevention and Building Code. (See Chapter 62, Building Construction and Fire Prevention.)
A. 
Plans and specifications for construction of a building prepared by a licensed professional and certified by him that they are in compliance with the code shall be deemed acceptable under the code to the Building Inspector for the purpose of issuing a building permit or other similar approval necessary to commence construction.
B. 
A certification by a licensed professional that construction has been completed in compliance with the code may be accepted by the Building Inspector as evidence of such compliance for purposes of issuing a certificate of occupancy or other similar approval or authorization for occupancy or use of the building.
[Amended 9-7-1989 by L.L. No. 5-1989]
If the Building Inspector determines that a building subject to the code is not in compliance with such code, he shall allow at least 30 days or such other period of time as may be applicable under the Town's administration and enforcement of the Uniform Fire Prevention and Building Code, whichever is longer, for such compliance.
[Adopted 2-16-2017 by L.L. No. 1-2017]
For purposes of this article, and unless otherwise expressly stated or unless the context otherwise requires, the terms in this article 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 DATA
Aggregated and anonymized information, including, but not 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.
CCA ADMINISTRATOR
The Town of Philipstown or its duly authorized Community Choice Aggregation Administrator authorized to request aggregated and customer-specific data to 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 Public Service Commission Community Choice Aggregation Order (PSC CCA Order), unless otherwise specified.
COMMUNITY CHOICE AGGREGATION (CCA)
A Town-sponsored program, either alone or in concert with other municipalities, under which the aggregate buying power of individual energy customers within a defined jurisdiction is used in order to secure alternative energy supply contracts on a community-wide basis, while allowing consumers not wishing to participate in the program to opt out.
CUSTOMER-SPECIFIC DATA
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.
DEFAULT CONSUMERS
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 energy services company, removed a freeze or block on their account, have voluntarily suspended service pursuant to a special rate, or are new residents of the Town. Consumers within opt-out-eligible service classes, as of the date the supply contract goes into effect, taking service from an energy services company, 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 Town, as such boundaries exist as of the date the supply contract goes into effect.
DISTRIBUTED ENERGY RESOURCES (DER)
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 the geography of the CCA Program.
DISTRIBUTION UTILITY
Owner or controller of the means of distribution of the natural gas or electricity in the Town. The distribution utility also serves as the default supplier of electricity and natural gas preceding the establishment of a CCA Program.
ENERGY SERVICES COMPANY (ESCO)
An entity duly authorized to conduct business in the State of New York as an ESCO.
PARTICIPATING CONSUMERS
Default consumers who have not opted out, and non-default consumers of any service class that have voluntarily enrolled in the program.
PSC CCA ORDER
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."
PUBLIC SERVICE COMMISSION (PSC)
New York State Public Service Commission.
SUPPLIER
An ESCO that procures electric power and natural gas for participating consumers in connection with this article or, alternatively, generators of electricity and natural gas or other entities who procure and resell electricity or natural gas.
A. 
A CCA Program is hereby authorized by the Town, whereby the Town may implement a CCA Program to the full extent permitted by the PSC CCA Order, as set forth more fully herein.
B. 
The Town 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 Town may enter into agreements and contracts with other municipalities, nonprofits, consultants, and/or other third parties to develop and implement the CCA Program, act as CCA Administrator, and/or 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 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 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 include 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 unenroll 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 Town, 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 Town of Philipstown, 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, will be provided to the ESCO.
B. 
After the thirty-day opt-out period, all consumers shall have the option to unenroll from the CCA Program at any time without penalty.
A. 
The Town, 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:
(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 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 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. 
For the purpose of protecting customer data, the Town shall enter into an agreement with the distribution utility that obligates each party to meet, 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 default consumer or participating consumer with respect to the CCA Administrator or its representative's processing of confidential utility information;
(2) 
The distribution utility's internal requirements and procedures relating to the protection of information that identifies or can be used to identify individual default consumer or participating consumer with respect to the CCA Administrator 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.
The Town 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 Philipstown Town Board 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.