Authorizes certain municipalities to participate in a community-wide energy aggregation program where they can request bids, select an energy service provider, install energy efficiency measures and develop local renewable energy facilities to provide electric and/or gas supply services, including gas efficiency and renewable heating technologies to participating customers.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8883
SPONSOR: Cahill TITLE OF BILL: An act authorizing certain municipalities to partic-
ipate in a community choice energy aggregation program by a single muni-
cipality or through an inter-municipal agreement with two or more muni-
cipalities in order to coordinate efforts to procure electric and/or gas
supply services on behalf of participating residents, businesses and
municipal customers within municipal jurisdictional boundaries
PURPOSE: To authorize municipalities to participate in a community
choice aggregation program through an inter-municipal agreement with one
or more municipalities to coordinate efforts to procure electric and/or
gas supply services and to Install energy efficiency measures and devel-
op local renewable energy facilities on behalf of participating resi-
dents, businesses and municipal customers within municipal jurisdic-
tional boundaries.
SUMMARY OF PROVISIONS: Section 1 provides definitions.
Section 2 provides that a municipality may, by resolution, participate
in a community choice energy aggregation program through an inter-muni-
cipal agreement with one or more municipalities to coordinate efforts to
procure electric and/or gas supply services and to install energy effi-
ciency measures and develop local renewable energy facilities on behalf
of customers. It also sets forth the required contents of the inter-mun-
icipal agreement.
Section 3 requires the program administrator to provide a copy of the
agreement to the distribution utilities and submit a formal request for
customer usage and billing information, and customer data pertaining to
energy efficiency program participation and renewable energy use. It
also requires the utilities to supply required information to the admin-
istrator within 120 days.
Section 4 authorizes the community choice aggregator to advertise for
the request for bids from Energy Service Companies ("ESCOs") for the
provision of services for the program. The solicitation must include
price benchmarks, provide that ESCOs will not levy any cancellation
charges, and provide for a website for participating customers to view
the monthly rates charged, and to view any related services and products
being offered by the community choice aggregation program administrator.
Community choice aggregators are authorized to select the ESCO that will
offer the best service, or can elect to reject all bids and re-adver-
tise. This section also authorizes the community choice aggregator to
enter into a contract with the chosen ESCO or ESCOs and outlines the
requirements of such contract.
Section 5 requires the community choice aggregator to obtain from the
distribution utility a list of customers affected by the contract with
the ESCO, and the community choice aggregator must provide notice to
those customers. The notice must include instructions for how to opt-out
within the sixty-day opt-out period. Provision is also made for custom-
ers already served by an ESCO to opt-in to a community choice aggre-
gation program. After the sixty-day period, the utility must provide a
list to the community choice aggregator of the number of customers that
elected to opt-out and opt-in, and those customers' information.The
administrator must then submit that information to the ESCO(s) with
which it contract(s).
Section 6 provides for a Public Service Commission (PSC) audit, within
365 days of commencement of the contract, to ensure that cost benchmarks
have been reached. If the PSC determines they have not been reached, the
contract shall be subject to termination by resolution of the community
choice aggregator's governing board.
Section 7 requires the PSC to submit, within 30 months of establishment
of a contract, a report to the Executive, Senate and Assembly detailing
the performance of the aggregation contract.
Section 8 states that the Energy Services Company Bill of Rights is
applicable to participating customers.
Section 9 provides the effective date.
JUSTIFICATION: Citizens for Local Power is an Ulster County-based
organization that works with municipalities, elected officials, labor,
and citizens to foster engagement in energy issues and regulatory
proceedings that affect them, as well as to promote energy demand
reduction and expanded renewable energy use at the community level. CLP
is facilitating the formation of a Municipal Energy Consortium (based
initially in Ulster County) to reduce energy costs for residents, busi-
nesses, and municipalities, to enhance community resiliency, and to
foster the transition to a clean energy economy in the mid-Hudson
region.
The creation of the community choice aggregation (CCA) program arose out
of CLP's efforts to further these important goals, including the desire
to save residents and businesses money. CCA programs allow a large
number of residents to pool together and shop around at different ESCOs
and obtain the best price. Pooling together will increase purchasing
power, potentially resulting in a better price, similar to the idea of
buying in bulk. CCA is an effective tool for empowering communities to
choose their energy supplier, and also enables communities to choose
clean energy suppliers, realize greenhouse gas reduction benefits, and
finance local generation assets to boost economic development in the
region. CCA programs are already authorized in six states: California,
Ohio, Massachusetts, Rhode Island, Illinois, and New Jersey.
This bill revises and expands upon A.7896A-2013 so that all munici-
palities in New York may benefit from this invaluable tool to provide
lower cost energy, and to promote energy efficiency and renewable energy
use consistent with State and Regional objectives. Local Power Inc.,
which founded Community Choice Aggregation two decades ago and initiated
CCA enabling legislation for the States of Massachusetts and California,
drafted this bill at the request of Citizens for Local Power.
FISCAL IMPLICATIONS: None
HISTORY: This is a new bill.
EFFECTIVE DATE: Immediate.
STATE OF NEW YORK
________________________________________________________________________
8883
IN ASSEMBLY
February 27, 2014
___________
Introduced by M. of A. CAHILL -- read once and referred to the Committee
on Energy
AN ACT authorizing certain municipalities to participate in a community
choice energy aggregation program by a single municipality or through
an inter-municipal agreement with two or more municipalities in order
to coordinate efforts to procure electric and/or gas supply services
on behalf of participating residents, businesses and municipal custom-
ers within municipal jurisdictional boundaries
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Definitions. The following terms, when used in this act,
2 shall have the following meanings:
3 1. "Customer" shall mean a customer of record who received residential
4 or non-residential electric and/or gas supply services from a distrib-
5 ution utility at the time of a local resolution by his or her munici-
6 pality to participate in a municipally administered community-wide ener-
7 gy aggregation program, provided that such customer did not receive
8 electric and gas supply services from an energy services company and/or
9 a publicly-owned utility.
10 2. "Distribution utility" or "distribution utilities" shall mean any
11 investor-owned utility in the state of New York.
12 3. "Participating customer" shall mean a customer who receives elec-
13 tric and/or gas supply services through a municipally administered
14 community-wide energy aggregation program, including residential and
15 commercial, and municipal customers.
16 4. "Community choice aggregation," "program," or "community energy
17 aggregation program" shall mean an inter-municipal agreement or a munic-
18 ipal resolution for the purpose of coordinating or initiating efforts by
19 a municipality or by community choice aggregators to request bids for
20 and potentially select an ESCO or ESCOs to provide electric and/or gas
21 supply services to participating residential, commercial and government
22 customers.
23 5. "Municipal governing board" is single municipal board for local
24 programs limited within municipal jurisdictional boundaries, or an
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14127-01-4
A. 8883 2
1 inter-municipal agreement entered into by resolution of two or more
2 municipal boards aggregating load on a regional basis.
3 6. "Energy services company" or "ESCO" shall have the same meaning as
4 such term is used in subdivision 5 of section 44 of the public service
5 law.
6 7. "Municipality" or "municipalities" shall mean a city, town or
7 village located in the state of New York.
8 8. "Community choice aggregator" or "energy aggregator" shall mean a
9 municipality authorized pursuant to a local resolution to participate in
10 an inter-municipal agreement establishing a municipal energy aggregation
11 program to offer energy services to residential, commercial and munici-
12 pal customers located within the energy aggregator's jurisdictional
13 boundaries.
14 9. "Program administrator" shall mean a community choice aggregator
15 that is designated pursuant to a local municipal governing board resol-
16 ution or an inter-municipal agreement, or an employee or a contractor
17 designated by a community choice aggregator to fulfill the responsibil-
18 ities of: (i) requesting and compiling historical usage data of distrib-
19 ution utility customers as required under this act, (ii) submitting a
20 request for bids for energy supply services from ESCOs authorized to
21 supply electric and/or gas in New York state, and (iii) carrying out the
22 administration of the contract and implementation of aggregated
23 services.
24 10. "Department: shall mean the New York state department of public
25 service.
26 § 2. Community choice aggregation programs. 1. A municipality may,
27 after adopting a resolution approved by a majority of its governing
28 board, participate in a community choice aggregation program through an
29 inter-municipal agreement with one or more municipalities in order to
30 coordinate efforts, or through its own community choice aggregation
31 program to procure electric and/or gas supply services, and municipal
32 programs to develop energy efficiency and renewable energy installa-
33 tions, gas efficiency and renewable heating technologies on behalf of
34 its participating customers.
35 Such community choice aggregation program must provide for the desig-
36 nation of a program administrator to facilitate the operations of a
37 community choice aggregation program, including but not limited to the
38 receipt of customer historical usage data information from distribution
39 utilities pursuant to section three of this act and any communications
40 necessary with potential ESCOs that would provide electric and/or gas
41 supply services for such program, and otherwise entering into contracts
42 with other energy efficiency and renewable energy developers, including
43 gas efficiency and renewable heating technologies, provider power and/or
44 capacity to the community choice aggregation program.
45 2. A community choice aggregator shall be responsible for responding
46 to inquiries regarding the particular community choice aggregation
47 program in which it is a participant. Such community choice aggregator
48 shall provide contact information, including but not limited to a mail-
49 ing address, telephone number, e-mail address and fax number at which it
50 may be contacted in all notices to participating customers.
51 3. In establishing a contract for electric and/or gas services with an
52 ESCO, a program administrator shall comply with article 7 of the public
53 officers law.
54 § 3. Establishment of community choice aggregation program. 1. The
55 program administrator designated pursuant to an inter-municipal agree-
56 ment or municipal resolution establishing a community-wide aggregation
A. 8883 3
1 program shall provide a copy of such agreement to the distribution util-
2 ities and submit a formal request for usage information provided for
3 under subdivision two of this section.
4 2. In order to augment energy efficiency and renewable energy
5 programs, and within 60 days of the establishment of a community choice
6 aggregation program or of an inter-municipal agreement establishing an
7 aggregation program and the formal request, distribution utilities
8 shall, at a reasonable cost as determined by the commission within 120
9 days of the effective date of this act, provide to the program adminis-
10 trator the following utility information regarding customers receiving
11 gas and/or electric supply services from such distribution utilities who
12 are eligible to receive service from the community choice aggregator:
13 (a) aggregate monthly usage (kWh) by rate schedule: energy consumption
14 (kWh) for the most recent 60 months of completed information for each
15 customer class for a given period of time for each municipality included
16 in the data request;
17 (b) customer-specific information from the current billing periods as
18 well as prior 60 months consisting of the following billing information:
19 meter number, service agreement number, name on agreement, service
20 address with zip code, mailing address with zip code, telephone number,
21 monthly kWh usage, monthly maximum demand where available, Baseline
22 Zone, low income residential participation (Home Energy Assistance
23 Program or HEAP), End Use Code (Heat Source), Service Voltage, Medical
24 Baseline, Meter Cycle, Bill Cycle, Level Payment Plan and other plans,
25 HP Load and Number of Units, monthly rate schedule for all accounts
26 within the community choice aggregator's territory;
27 (c) system wide residential and non-residential load shapes by New
28 York Load Zones and New York Control Area designations for the most
29 recent five years for which the distribution utility has completed
30 information;
31 (d) standard system average load profiles by rate class also referred
32 to as Dynamic Load Profiles & Static Load Profiles posted to the
33 distribution utility's website;
34 (e) quarterly or monthly aggregated participation data for energy
35 efficiency programs already tracked in New York State Energy Research
36 and Development Authority reports, as available;
37 (f) aggregate monthly usage (kWh) by zip code within a city code;
38 (g) customer-specific information consisting of: service agreement
39 number, monthly interval meter data where available, and rate schedule
40 for all accounts within the community choice aggregator's territory;
41 (h) number of service agreements in each rate schedule within a munic-
42 ipal energy aggregation's territory or proposed territory;
43 (i) mapping of customer rate schedule to rate class;
44 (j) estimated annual generation revenues by community choice
45 aggregator's territory;
46 (k) estimation of peak coincident and non-coincident demands;
47 (l) data fitting community choice aggregator's annual usage to New
48 York Control Area load shapes; estimation of peak coincident and non-
49 coincident demands;
50 (m) total annual kWh loads of bundled customers and customers already
51 receiving ESCO service, firstly on a monthly basis and secondly on a
52 rate schedule basis within the community choice aggregator's territory;
53 (n) aggregated residential, small commercial, large commercial and
54 government annual kWh usage for the past three years in a format by tier
55 for each rate schedule, and for Time of Use (TOU) rates or other meter-
A. 8883 4
1 specific rates, providing further separation by summer/winter peak,
2 partial peak, and off peak periods and summer/winter period;
3 (o) annual proportional share of system benefit charge energy effi-
4 ciency funds for a community choice aggregator's proposed territory;
5 (p) system benefit charge customer payment by city code;
6 (q) all electricity usage data at the most granular interval recorded
7 by the distribution utility;
8 (r) all monthly unbundled rate components and charges for each custom-
9 er;
10 (s) natural gas consumption and billing data for all customers located
11 within the territorial boundaries of the community choice aggregator,
12 similar in extent and specification to what is being requested on the
13 electricity side (i.e. customer data, consumption data at the most gran-
14 ular interval available, monthly bills within unbundled charges, and all
15 data necessary to calculate those charges);
16 (t) clarification and datasets used to associate gas meters with elec-
17 tric meters at the building level and customer level;
18 (u) all energy efficiency program data for all customers (by account
19 number, service ID number, street address, etc), listing account
20 contacts and all recorded activity and information, including but not
21 limited to on-site or online audits, benchmarking, retro-commissioning,
22 and energy use analyses and efficiency recommendations, and paperwork
23 filed by customers or contractors, and financing information such as on
24 bill financing amounts and repayment status, as available, as well as
25 any associated data sets such as building information on tenant/owner
26 occupancy, square footage and year built, as well as rebate code and
27 measure tables, as available;
28 (v) demand response program participation and all relevant metrics
29 recorded for these programs;
30 (w) the type of interconnect agreement and all relevant metrics asso-
31 ciated with customers that have already interconnected distributed
32 generation to the distribution utility's distribution grid;
33 (x) distribution grid data that could impact the siting of distributed
34 generation or demand-side assets, in a GIS format including shape-files
35 and any associated datasets;
36 (y) the number of customers, by class including indication of those
37 that are currently provided electric and/or gas supply service from an
38 ESCO, that are not served by a publicly-owned utility;
39 (z) the aggregate gas and electric usage of eligible customers, by
40 class served, for the 12-month period preceding the request; the system
41 peak hour or hours that determines capacity buying requirements, and to
42 the degree that it is available the aggregated load factor by class
43 served for the 12-month period preceding the request; and
44 (aa) to the degree that it is available, reasonable efforts to provide
45 more detailed historic information relating to energy usage character-
46 istics of customers, including but not limited to information by rate
47 class on meter type, the number of smart meters deployed, kWh usage and
48 peak demand information classification, meter reading cycle information,
49 load profile designating information, the number of customers enrolled
50 in budget billing plans, loss factor information, net-metering informa-
51 tion and any other information deemed useful by the community choice
52 aggregation program administrator to successfully solicit bids for and
53 implement the aggregation program.
54 § 4. Selection of ESCO providers. 1. Upon receipt of utility bulk
55 information required under section three of this act, the program admin-
56 istrator is authorized to advertise for the request of bids from ESCOs
A. 8883 5
1 for the provision of services for a community choice aggregation
2 program. Any request for bids shall specify that a contract for aggre-
3 gation program services must:
4 (a) include price benchmarks, which shall provide for:
5 (i) monthly per kWh rates for electric supply services for each appli-
6 cable class of customers that are before the 12-month average monthly
7 price supply services provided by distribution utilities or lower than
8 the distribution utility's rate at the time of a request for bids as
9 provided for in this section, except insofar as customers voluntarily
10 pay higher rates to pay for and receive ownership benefits from energy
11 efficiency retrofits and/or renewable distributed generation;
12 (ii) monthly per Btu rates for gas supply services for each applicable
13 class of customers that are below the 12-month average monthly price of
14 supply services provided by distribution utilities or lower than the
15 distribution utility's rate at the time of a request for bids as
16 provided for in this section, except insofar as customers voluntarily
17 pay higher rates to pay for and receive ownership benefits from energy
18 efficiency retrofits and/or renewable distributed generation;
19 (b) provide that the ESCO will not levy any form of cancellation
20 charge to participating customers who, after receiving electric and/or
21 gas supply services from the ESCO, choose to receive such supply
22 services from their respective distribution utility;
23 (c) provide that the community choice aggregator municipal board may
24 levy a cancellation charge to participating customers only insofar as
25 such charges cover obligations to repay investment in renewable energy
26 and energy efficiency installations serving participating customers;
27 (d) provide for a website for participating customers to view the
28 monthly rates charged for electric and/or gas supply and any related
29 renewable energy and/or energy efficiency services and products being
30 offered by the community choice aggregation program administrator; and
31 (e) provide that any costs associated with preparation for or imple-
32 mentation of this program or contract shall be reflected in the bench-
33 mark per kWh and per Btu bid price.
34 2. (a) After a review of bids submitted for energy supply services,
35 community choice aggregator are authorized to select the ESCO or ESCOs
36 that will offer the best service, price, environmental, greenhouse gas
37 reductions, and local employment and local business benefits and other
38 factors considered, provided that the per kWh supply rate for electric-
39 ity and per Btu rate for gas supply services at the initiation of
40 service is lower than the distribution utility's average monthly rate
41 for supply services for the prior 12-month period, or lower than the
42 distribution utility's rate at the time of a request for bids as
43 provided for in this section and meet the requirements of subdivision
44 one of this section, provided that community choice aggregator, may at
45 their discretion, reject all bids or offers and re-advertise for new
46 bids or offers in a manner provided by this act.
47 (b) In making a selection, community choice aggregator shall (i)
48 select one ESCO for the provision of electric supply services; and (ii)
49 select one ESCO for the provision of gas supply services, provided
50 however that the community choice aggregators may select an ESCO to
51 provide both electric and gas supply service, provided further that
52 community choice aggregators may not select any ESCO that has been
53 deemed ineligible to provide energy services by the department.
54 (c) in making a selection, community choice aggregators may contract
55 with any number of contractors to design, build, operate, and/or main-
A. 8883 6
1 tain renewable energy facilities and energy efficiency measures that
2 provide power or capacity to the community choice aggregation program.
3 3. After selection of an ESCO or ESCOs, the community choice aggrega-
4 tors are authorized to set rates and to enter into a contract for supply
5 services by a local law of the local governing board. Such contract
6 shall include:
7 (a) provisions prohibiting the ESCO or ESCOs from denying service to
8 any customer receiving service from his or her distribution utility at
9 the commencement of such contract;
10 (b) monthly per kWh rates for electric supply services for each appli-
11 cable class of customers that is below the average monthly rate of
12 supply services provided by distribution utilities in the previous
13 12-month period or lower than the distribution utility's rate at the
14 time of a request for bids as provided for in this section, with
15 approval of any changes requiring a resolution of the community choice
16 aggregator's municipal board;
17 (c) monthly per Btu rates for gas supply services for each applicable
18 class of customers that is below the average monthly rate of supply
19 services provided by distribution utilities in the previous 12-month
20 period or lower than the distribution utility's rate at the time of a
21 request for bids as provided for in this section with approval of any
22 changes requiring a resolution of the community choice aggregator's
23 municipal board;
24 (d) provisions requiring the ESCO or ESCOs to provide electric and/or
25 gas supply rates lower than the distribution utility's electric and/or
26 gas supply rates pursuant to paragraphs (b) and (c) of this subdivision
27 for the duration of the contract, provided that a violation of this
28 provision shall subject such ESCO to refund participating customers at
29 the time of termination of a contract pursuant to section six of this
30 act, subject to a determination by resolution of the community choice
31 aggregator's municipal board;
32 (e) provisions prohibiting a community choice aggregator from opting
33 out of the contract during the term of such contract;
34 (f) provisions for the community choice aggregation municipal board to
35 decide whether to terminate a contract for services if an ESCO fails to
36 meet the price benchmarks pursuant to this act with the ESCO having
37 exclusive responsibility for all re-entry fees charged to a participat-
38 ing customer by distribution utilities for the resumption of supply
39 services;
40 (g) provisions indemnifying community choice aggregators from all
41 liabilities, damages and costs associated with the non-performance of an
42 ESCO operating under a contract for services;
43 (h) a requirement that the ESCO provide a performance bond if required
44 by the community choice aggregator; and
45 (i) any other requirement that the community choice aggregators deem
46 necessary for the adequate and reliable supply of electric and/or gas
47 supply services to participating customers.
48 § 5. Notice of community choice aggregation contract required. 1. Upon
49 the completion of the contract for services provided for under subdivi-
50 sion three of section four of this act, the program administrator shall
51 obtain from distribution utilities at a reasonable cost as determined by
52 the commission within 60 days of the effective date of this act their
53 lists of customers that may be affected by such contract and provide the
54 community choice aggregators with such information, including the trans-
55 fer of all data on each meter for all eligible accounts within the
56 community choice aggregator jurisdictional boundaries for the past 5
A. 8883 7
1 years. The community choice aggregator shall then notify such customers
2 as to the provisions of such contract, including but not limited to
3 price benchmarks.
4 2. Distribution utilities must make all reasonable preparations to
5 release customers who do not choose to opt-out pursuant to subdivision
6 three of this section from receiving electric and/or gas supply
7 services, provided that all customers shall continue to receive delivery
8 services from such utilities.
9 3. Upon completion of a contract provided for under subdivision three
10 of section four of this act, community choice aggregators must mail a
11 notice to each eligible customer not currently receiving supply services
12 from a publicly-owned utility, which shall include:
13 (a) that the customer's municipal board has chosen to participate in a
14 community choice aggregation contract;
15 (b) for customers not currently served by an ESCO, that unless he/she
16 elects to opt-out within 60 days of the postmarked notice, such opt-out
17 customers will become a participating customer and will receive electric
18 and/or gas supply services through a community choice aggregation
19 contract;
20 (c) for customers not currently served by an ESCO, instructions
21 detailing how a customer may submit an opt-out response, provided that
22 such procedures shall permit the customer to opt-out at no cost within
23 sixty days by returning a reply mail form to the program administrator,
24 as determined by the community choice aggregation municipal board;
25 (d) for customers not currently served by an ESCO, that each customer
26 who does not elect to opt-out within the prescribed period may elect to
27 opt-out of such contract at any time, but may be subject to exit fees by
28 the community choice aggregator municipal board;
29 (e) for customers already served by an ESCO, that each customer wish-
30 ing to switch to service with the community choice aggregator may do so
31 by opting-in to the program within sixty days of the postmarked notice
32 to become a participating customer and receive electric and/or gas
33 supply services through the community choice aggregation contract;
34 (f) for customers already receiving ESCO service that elect to opt-in
35 to the program, instructions detailing how a customer may submit an
36 opt-in response, by returning a reply mail form to the program adminis-
37 trator, as determined by the community choice aggregation municipal
38 board; and
39 (g) that in the case of a participating customer the distribution
40 utility is no longer responsible for supply rates charged to such
41 customer and that all complaints about supply service under the aggre-
42 gation contract shall be the responsibility of the program administrator
43 and ESCO or ESCOs, according to the community choice aggregation
44 contract.
45 4. Immediately following the 60-day opt-out period provided for in
46 paragraph (b) of subdivision three of this section, a community choice
47 aggregator shall provide the program administrator with the following
48 information:
49 (a) the number of customers that received electric and/or gas supply
50 services from such distribution utility who are participating customers
51 by rate class; and
52 (b) the name, address, and account number of each participating
53 customer.
54 5. The program administrator, upon receipt of information required
55 under subdivision four of this section, shall submit such information
56 and the information provided for under subdivision two of section three
A. 8883 8
1 of this act to the ESCO or ESCOs. Such ESCOs shall commence supply
2 services to participating customers.
3 § 6. Public service commission review. 1. Within 365 days of the
4 commencement of gas and/or electric supply services under an aggregation
5 contract, the commission, after consultation with the department shall
6 commence an audit to ensure such ESCO or ESCOs selected have achieved
7 benchmarks established pursuant to paragraph (b) of subdivision one of
8 section four of this act.
9 2. (a) If the commission determines that the ESCO or ESCOs providing
10 gas and/or electric gas supply services has failed to achieve such
11 benchmarks as established in subdivision three of section four of this
12 act, the contract for services established pursuant to subdivision three
13 of section four of this act shall be subject to termination by resol-
14 ution of the community choice aggregator's governing board.
15 (b) Within 30 days of the termination of a contract for services by
16 the community choice aggregator's municipal board, the ESCO shall issue
17 payment to each participating customer for any supply rates above those
18 specified in the contract, including the cost of any applicable re-entry
19 fees charged to a customer for resumption of supply services.
20 (c) The commission shall ensure that all customers eligible for
21 resumption of electric and/or gas supply service from their respective
22 distribution utility receive such services regardless of the actual
23 timing of the payment provided for under paragraph (b) of this subdivi-
24 sion.
25 3. An ESCO shall not levy any charge to a community choice aggregator
26 to cover expenses related to the termination of a contract.
27 § 7. Report. Within 30 months of the establishment of a supply
28 services contract for services or upon the termination of such contract,
29 the commission shall submit a report to the executive, the temporary
30 president of the senate, the speaker of the assembly, the chairs of the
31 senate energy and telecommunications committee and the assembly energy
32 committee detailing the performance of any aggregation contract. Such
33 report shall include the following information:
34 1. the number of participating customers served;
35 2. the ability of the ESCO or ESCOs selected under an aggregation
36 program to provide adequate supply services;
37 3. the actual supply rates charged under a contract for services;
38 4. the amount, if any, of participating customers whose residential or
39 non-residential service was disconnected; and
40 5. any other information the public service commission deems neces-
41 sary.
42 § 8. Energy services company bill of rights applicable to participat-
43 ing customers. For purposes of this act the term "customer" as defined
44 in paragraph (c) of subdivision 1 of section 349-d of the general busi-
45 ness law, shall include participating customers.
46 § 9. This act shall take effect immediately.
