HomeMy WebLinkAboutLL 7 of 2025 Adding a Distributed energy Resources Article to TOI Code, Chpt 135, Community Choice Aggregation (Energy) Program and Distributed Energy Resources ProgramMEETING OF THE ITHACA TOWN BOARD
June 9,2025
TB Resolution 2025 —059:Adoption of Local_Law 7 of 2025 “A local law addinga
Distributed Energy Resources Article to Town of Ithaca Code,Chapter 135,Community
Choice Aggregation (Energy)Program and Distributed Energy Resources Program
Whereas,the Town Board unanimously passed the Green New Deal Resolution in March of
2020,which calls for an equitable transition to carbon neutrality Town-wide by 2030,and
Whereas,the Community Choice Aggregation (CCA)program,now known as the Tompkins
Green Energy Network (T-GEN)is designed to be an innovative,efficient,and affordable way to
engage the local population in achieving time-critical local and state goals for decarbonization
and equity through the aggregated purchasing of renewable electricity and the development of
regional renewable energy projects,and
Whereas,the Town Board held a duly advertised and posted public hearing on June 9,2025
regarding the proposed adoption of “A local law adding a Distributed Energy Resources Article
to Town of Ithaca Code Chapter 135,Community Choice Aggregation (Energy)Program and
Distributed Energy Resources Program”,now therefore,be it
Resolved that the Town Board adopts Local Law 7 of 2025,entitled “A local law adding a
Distributed Energy Resources Article to Town of Ithaca Code Chapter 135,Community Choice
Aggregation (Energy)Program and Distributed Energy Resources Program”as submitted.
Moved:Susie Gutenberger Seconded:Pamela Bleiwas
Vote:ayes -Howe,DePaolo,Bleiwas,Gutenberger and Rosen
STATE OF NEW YORK)
COUNTY OF TOMPKINS)SS:
TOWN OF ITHACA:
I,Ashley Colbert,Deputy Town Clerk of the Town of Ithaca,do hereby certify that the above resolution
is an exact copy of the same adopted by the Ithaca Town Board at a meeting on the 9"day of June,2025.
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Ashley Colbert,Deputy Town Clerk
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TOWN OF ITHACA
LOCAL LAW NO.7 OF THE YEAR 2025
A LOCAL LAW ADDING A DISTRIBUTED ENERGY RESOURCES ARTICLE TO
TOWN OF ITHACA CODE CHAPTER 135,COMMUNITY CHOICE AGGREGATION
(ENERGY)PROGRAM AND DISTRIBUTED ENERGY RESOURCES PROGRAM
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1.Chapter 135 (Community Choice Aggregation (Energy)Program and
Distributed Energy Resources Program)of the Town of Ithaca Code is amended by adding
Article 2 (Distributed Energy Resources)as follows:
“ARTICLE 2
DISTRIBUTED ENERGY RESOURCES
§135-11.Legislative findings;intent and purpose;statutory authority.
In addition to subsections A-C below,the provisions in §135-1.A-C apply to this section.
A.The purpose of the Town of Ithaca's DER program is to administer the energy service in
a manner that expands access to solar and other local renewables and energy efficiency
technologies by offering optional enrollment of Eligible Investors in voluntary
investments in DER,with access to financial mechanisms,including the financial
mechanism developed under the City of Ithaca's Energy Efficiency Retrofitting and
Thermal Load Electrification program,approved by that City's Common Council.
This chapter establishes a Distributed Energy Resources program (DER program)that
gives Town of Ithaca electricity and gas users the option to choose from a mix of onsite
and neighborhood-sited renewable heating,power and transportation technologies to
meet a significant portion of their energy needs,and will investigate opportunities to
divert municipal sewage and solid waste exports as potential feedstock sources of
hydrogen for use by the DERs.
The Town of Ithaca is authorized to implement its DER program pursuant to §
10(1)Gi)(a)(11)and §10(1)(ii)(a)(12)of the New York Municipal Home Rule Law.
§135-12.Definitions.
In addition to the definitions in §135-2,the following definitions apply to this article.
COOPERATIVE —A group formed by building owners and Eligible Investors to invest
mutually in onsite DERs.
DER ADMINISTRATOR —A third party designated by the Town of Ithaca to administer,
under municipal oversight,DER activities within town boundaries,including DERs
implemented in coordination with the Town’s CCA program.
Adopted 06/09/2025
DER PROGRAM ORGANIZER —A designated local nonprofit organization responsible for
educating energy users about participation in the DER program's voluntary investment
opportunities,as well as supporting the organization of Cooperatives by neighbors.This
group will typically secure participation from local governments and engage in preliminary
outreach and education around DERs.
ELIGIBLE INVESTORS (INVESTORS)—Consumers of electricity and/or natural gas who
receive Default Service from the Distribution Utility,at one or more locations within the
geographic boundaries of the Town of Ithaca.
ENERGY EFFICIENCY RETROFITTING AND THERMAL LOAD ELECTRIFICATION
PROGRAM —The City of Ithaca's program along with financial partners to determine
potential energy efficiency improvements on residential and commercial buildings and
provide financing for voluntary loans and leasing programs available to Eligible Investors in
the City of Ithaca,as well as in the Town of Ithaca,to pay for efficiency and electrification
projects,with an emphasis on serving disadvantaged communities.
ENERGY LOAN ACCOUNT —An individual Customer's DER investment repayment,
Shares loan repayment or Cooperative loan repayment account voluntarily subscribed by an
Eligible Investor to finance their DER investment.
EQUITY —Ownership benefits,financial and/or physical,from participating in voluntary
investments in local DERs.
OPT-UP —An affirmative decision of an Eligible Investor to voluntarily invest in a local
DER project in the form of Shares.
OPT-WITH —An affirmative decision of an Eligible Investor to voluntarily invest in a local
DER project in the form of Cooperative membership.
SHARES —Units of ownership by an Eligible Investor in local DERs,whether through
investment in a designated DER project that is located in a nearby building,or through
membership enrollment in a designated on-site DER Cooperative.
§135-13.DER program established.
A.The Town of Ithaca hereby establishes a DER program that is governed by the Town’s
Local Distributed Energy Resource Plan,which Plan the Town Board may adopt and
amend from time to time by resolution.
The Town of Ithaca may select a third party as DER Administrator.
The DER Administrator may establish a system of Energy Loan Accounts to engage
Eligible Investors,prequalify lenders,and track the performance of DER investments by
Eligible Investors who elect to voluntarily invest in DERs.
The Town of Ithaca's intermunicipal agreement with the City of Ithaca and other
2
Adopted 06/09/2025
municipalities in Tompkins County,and potentially municipalities in adjoining counties
may also support Eligible Investors'access to DERs,including potentially the City’s
Energy Efficiency Retrofitting and Thermal Load Electrification Program resources,and
shall include a process for other municipalities in Tompkins County to offer their
Eligible Investors such resources to join the DER program.
The DER Administrator may evaluate local DER opportunities,facilitate DER
procurement,and advise Eligible Investors regarding bids for DER projects.
The DER Administrator may directly enroll Eligible Investors through an opt-in
procedure into the following DER investment options:
(1)To purchase an individually-owned DER project;
(2)To Opt-Up to purchase Shares in a neighborhood DER project;and
(3)To Opt-With neighbors in a Cooperative to own and operate on-site DERs.
The DER Administrator may create a system of Cooperative ownership to facilitate
transactions and settlements by Share owners of a DER project to compensate each
other for ownership and use of such DER Equity,and may facilitate funding,including
through the City of Ithaca's Energy Efficiency Retrofitting and Thermal Load
Electrification Program or other sources.
The DER Administrator may designate one or more DER Program Organizers to assist
in the education and engagement of Eligible Consumers,Eligible Investors and
municipalities in Tompkins County to participate in the DER program.
The Town of Ithaca may designate all Town-owned properties and rights-of-way
available,where allowed by law,for accommodation and connection of DERs,
including microgrids,electric vehicle chargers,and geothermal microdistricts,and
authorizes the Department of Public Works to develop protocols for DER access.
The Town of Ithaca may make up to 49%of Equity in any municipally sited DERs
available for voluntary Share investments by Eligible Investors.
All Eligible Investors electing to participate in a DER Investment shall be enrolled on an
affirmative voluntary,opt-in basis,whether individually,or through a decision to Opt-
Up to own DERs as an individual or to Opt-With to own DERs through membership in
a Cooperative.
All Eligible Investors shall be eligible to participate in DER Shares and Cooperatives,
provided that their ability to participate shall depend upon the availability of DER
projects and financing.
§135-14.DER investor account support.
DER Investors shall be provided Investor account support by the DER Administrator,
includinga 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 DER vendor,as well as a
3
Adopted 06/09/2025
secure Investor-specific online account,scheduled direct mail,and messages inserted into
Town of Ithaca scheduled direct mail and public notices.
§135-15.DER data protection requirements.
A.Town of Ithaca departments and other CCA program member municipalities involved in
supporting the CCA program and DER Shares service and DER Cooperative service will
share energy data and other data with their respective CCA and DER Administrators to
tailor DER products to Eligible Consumers and Eligible Investors,and to facilitate
Investor engagement,program administration,operations,billing and collection,
provided that any use of an Eligible Consumer's Customer-Specific Data for DER-
related purposes will be conditioned upon receipt of affirmative permission from each
customer who elects to receive DER investment offers and/or become a DER Investor.
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 with respect to the CCA Administrator's,DER Administrator’s and
Town of Ithaca’s processing of confidential utility information;
The utility's internal requirements and procedures relating to the protection of
information that identifies or can be used to identify an individual with respect to
the Town of Ithaca or its representative's processing of confidential utility
information;and
(3)The PSC CCA Orders and PSC rules,regulations and guidelines relating to
confidential data.
§135-16.DER administration fee.
The DER Administrator may collect,or cause to be collected,funds from DER Investor
payments,DER developers or DER lenders,to pay for administrative costs associated with
running the DER program.
§135-17.DER reporting.
An annual report shall be prepared by the DER Administrator,which report shall be filed
with the Town Board of the Town of Ithaca by March 31 of each year and cover the previous
calendar year.DER annual reports shall include,at a minimum,number of Eligible Investors
served,number of complaints received,carbon reductions resulting,and administrative costs
collected.Information shall be broken down by municipality,where applicable.”
Section 2.In the event that any portion of this law is declared invalid by a court of
competent jurisdiction,the validity of the remaining portions shall not be affected by such
declaration of invalidity.
Section 3.This local law shall take effect upon its filing with the New York Secretary of
State.
Adopted 06/09/2025
m
STATE OF NEW YORK
DEPARTMENT OF STATE
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231-0001
HTTPS://OOS.Ny.GOV
Kathy hochul
GOVERNOR
Walter T. Mosley
Secretary or state
June 26, 2025
Town of Ithaca
215 N. Tioga Street
Ithaca, New York 14850
RE: Town of Ithaca
JUN 3 0 2025
ITHACA TOWN CLERK
To Whom it May Concern:
Local Law 6, 7, and 8 of the year 2025 was filed with this office on 6/20/2025. The
Department of State Local Law Index Number 6, 7, and 8 of the year of 2025. The
Local Law number assigned by the Department of State for indexing purposes may be
different from the Local Law number ascribed by the Legislative Body of the Local
Government.
Department of State
Division of State Records
(518) 473-2492
www.dos.ny.aov
*The Local Law filing form has been updated as of 03/05/2025 in compliance
with Section 27 of the Municipal Home Rule Law*
NEW
YORK^ATE
Department
of State
TOWN OF ITHACA
—~————--NEW YORK
TOWN CLERKS’OFFICE
Paulette Rosa,Town Clerk,Ashley Colbert &Monica Moll,Deputy Town Clerks
215 N.Tioga St 14850
607.273.1721 clerks@townithacany.gov
June 10,2025
State Records Unit
Department of State
One Commerce Plaza
99 Washington Ave.
'
Albany,NY 12231
To Whom It May Concern,
Enclosed is:
Town of Ithaca Local Law 6 for the year 2025:DELETING TOWN OF ITHACA CODE,
CHAPTER 135 “COMMUNITY CHOICE AGGREGATION (ENERGY)PROGRAM)
AND REPLACING IT WITH A NEW CHAPTER 135 “COMMUNITY CHOICE
AGGREGATION (ENERGY)PROGRAM AND DISTRIBUTED ENERGY RESOURCES
PROGRAM”
Town of Ithaca Local Law 7 for the year 2025:“A LOCAL LAW ADDING A
DISTRIBUTED ENERGY RESOURCES ARTICLE TO TOWN OF ITHACA CODE,
CHAPTER 135,COMMUNITY CHOICE AGGREGATION (ENERGY)PROGRAM
AND DISTRIBUTED ENERGY RESOURCES PROGRAM
Town of Ithaca Local Law8 for the year 2025:ALOCAL LAW DELETING TOWN OF
ITHACA CODE CHAPTER 157,FLOOD DAMAGE PREVENTION,AND REPLACING IT
WITH A NEW CHAPTER 157,FLOOD DAMAGE PREVENTION
Please contact me if you have any questions.
Sincerely,
Ashley Colbert
Deputy Town Clerk
New York State Department of State
Division of Corporations,State Records and Uniform Commercial Code
One Commerce Plaza,99 Washington Avenue
Local Law Filing Ae doe hy go
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended.Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
[]County [|City jTown [_]Village
(Select one:)
of Ithaca
Local Law No.7 of the year 2025
Adding a Diustributed Energy Resources Article to Town of Ithaca Code,Chapter 135,
(insert Title)
Community Choice Aggregation (Energy)Program and Distributed Energy Resources
A local law
Program
Town Board
(Name of Legislative Body)
Be it enacted by the
[|County [_|City k]Town [_|Village
(Select one:)
of Ithaca as follows:
(If additional space is needed,attach pages the same size as this sheet,and number each.)
DOS-0239-f-1 (Rev.04/14)Page 2 of 4
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1.(Final adoption by local legislative body only.)
|hereby certify that the local law annexed hereto,designated as local law No.Jf of 2029 of
the (County)(City)(Town)(Village)of Ithaca was duly passed by the
Town Board on,June 9 2025 _in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2.(Passage by local legislative body with approval,no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
i hereby certify that the local law annexed hereto,designated as local law No.of 20 of
the (County)(City)(Town)(Village)of
.
was duly passed by the
on ,
and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the
_
and was deemed duly adopted
(Elective Chief Executive Officer*)
on 2o{_[_],in accordance w ith the applicable provisions of law.
3.(Final adoption by referendum.)
|hereby certify that the local law annexed hereto,designated as local law No.
.
of 20 of
the (County)(City)(Town)(Village)of was duly passed by the
,
and was (approved)(not approved)
(Name of Legislative Body}
(repassed after disapproval)by the
.
on 20
(Elective Chief Executive Officer’)
Such local law was submitted to the people by reason of a (mandatory)(permissive)referendum,and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual)election held on
20
,
in accordance with the applicable provisions of law.
4,(Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
|hereby certify that the local law annexed hereto,designated as local law No.
.
of 20 of
the (County)(City)(Town}(Village)of
.
was duly passed by the
.——,
and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the on 20 .Such local
(Elective Chief Executive Officer”)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20
,
in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or,if there
be none,the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is
vested with the power to approve or veto local laws or ordinances.
DOS-0239-F-1 (Rev.04/14)Page 3 of 4
5.(City local law concerning Charter revision proposed by petition.)
1 hereby certify that the local law annexed hereto,designated as local law No.
_
of 20.of
the City of
.having been submitted to referendum pursuant to the provisions of section (36)(37)of
the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the (special)(general)election held on 20
,
became operative.
6.(County local law concerning adoption of Charter.)
|hereby certify that the local law annexed hereto,designated as local law No.
_-
of 20 of
the County of
_.______State of New York,having been submitted to the electors at the General Election of
November 20___._.,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law,and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election,became operative.
(If any other authorized form of final adoption has been followed,please provide an appropriate certification.)
|further certify that |have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law,and was finally adopted in the manner indicated in
paragraph,1 above.
Clerk of the counnslleseniwve body,City,Ries 5 illage Clerk or
wy)
officer designated by local legislative body
Date.
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DOS-0239-f-I (Rev.04/14)Paae 4 of 4