HomeMy WebLinkAboutLL 04 of 2026 Revising the Distributed Energy Resource(s) and Eligible investors Definitions in the Town of Ithaca Code, Chapter 135, Community Choice Aggregation (Energy) Program and Distributed Energy Resources ProgramNEW
YORK
STATE
Department
of State
ASHLEY COLBERT
DEPUTY TOWN CLERK
TOWN OF ITHACA NEW YORK
TOWN CLERK'S OFFICE
215 N. TIOGA ST
ITHACA NY 14850
To Whom it May Concern:
KATHY HOCHUL
GOVERNOR
WALTER T. MOSLEY
SECRETARY OF STATE
June 25, 2026
JUL p 6 2026
ITHACA TQWt�l CL.EiiK
RE: TOWN OF ITHACA
Local Law #4 of the year 2026 was filed with this office on 6/12/2026. The Department of State Local
Law Index Number #4 of the year of 2026. 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.
Sincerely,
Department of State
State Records Bureau
(518) 473-2492
www.dos.ny.gov
*The Local Law filing form has been updated as of 03/05/2025 in compliance with Section 27 of the
Municipal Home Rule Law*
ONE COMMERCE PLAZA, 99 WASHINGTON AVENUE, ALBANY, NY 12231-0001
https://dos.ny.gov
TOWN OF IT ACA
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 9, 2026
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 4 for the year 2026, Revising the Distributed Energy
Resource(s) and Eligible Investors Definitions in the Town of Ithaca Code, Chapter 135,
Community Choice Aggregation (Energy) Program and Distributed Energy Resources
Program
Please contact me if you have any questions.
Sincerely,
O&k" cwt�
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•lirtFg
wwAlbany, NY 12231 -0001
w. dos. state. ny. us/corps
(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 XX Town E]Village
(Select one.-)
of Ithaca
. .. .. ..... ..... . ..
Local Law No. 4 of the year 20 26
A local law Revising the Distributed Energy Resource(s) and Eligible Investors Definitions in the Town
(Insert Title)
of Ithaca Code, Chapter 135, Community Choice Aggregation (Energy) Program and
Distributed Energy Resource.s.Program
Be it enacted by the Town Board
(Name of Legislative Body)
❑County ❑City XX Town [—]Village
(Select one:
of Ithaca
See attached.
of the
as follows:
(if additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-0239-f-I (Rev. 06/12) Paae 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.) 4
1 hereby certify that the local law annexed hereto, designated as local law No. of 2026 of
the (County)(City)(Town)(Village) of Ithaca_ -.... was duly passed by the
Town Board on June 8 20 26 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)(Vi I I age) of duly passed by the
nn 90 and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the
(Elective Chief Executive Officer*)
on accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No.
the (County)(City)(Town)(Village) of
(Name of Legislative Body)
(repassed after disapproval) by the
M
(Elective Chief Executive Officer*)
and was deemed duly adopted
rif 20 Of
was duly passed by the
20 and was (approved)(not approved)
on 20
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.)
I hereby certify that the local law annexed hereto, designated as local law No. Qf_20 ................ ..... ... Qf
the (County)(City)(Town)(Village) of was duly passed by the
..... on 20 and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the QD 20 .5,uch 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-I (Rev. 06/12) Pace 3 of 4
S. (City local law concerning Charter revision proposed by petition.)
I 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.)
I 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.)
I further certify that I 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 above.
Clerk of the county legi ative body, City, own o "Villagg Clerk or
officer designated by local legislative body
;Seal)
x Date- (Plqjaoc�.2
DOS-0239-f-I (Rev. 06/12) Paae 4 of 4
MEETING OF THE ITHACA TOWN BOARD
June 8, 2026
TB Resolution 2026 — 35: Adoption of Local Law 4 of 2026, Revising the Distributed
Energv Resource(s) and Eligible Investors Definitions in the Town of Ithaca Code, Chapter
135, Community Choice Aggregation (Energv) Program and Distributed Energv 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, to help accomplish this transition, the Town Board has adopted and subsequently
amended Town of Ithaca Code Chapter 135, Community Choice Aggregation (Energy) Program
and Distributed Energy Resources Program, and
Whereas, the Town has determined additional amendments to Chapter 135 are needed to further
clarify that the Community Choice Aggregation program and Distributed Energy Resources
program are two legally separate programs,
Whereas, a duly published and posted notice of the public hearing was held on June 8, 2026, and
Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its
implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that
adoption of the proposed local law is a Type II action because it constitutes "routine or
continuing agency administration and management, not including new programs or major
reordering of priorities that may affect the environment," and thus this action is not subject to
review under SEQRA, now, therefore, be it,
Resolved, that the Town Board adopts Local Law of 2026, entitled "A Local Law Revising the
Distributed Energy Resource(s) and Eligible Investors Definitions in the Town of Ithaca Code
Chapter 135, Community Choice Aggregation (Energy) Program and Distributed Energy
Resources Program."
Moved: Susie Gutenberger Seconded: Pamela Bleiwas
Vote: ayes- Howe, Bleiwas, Gutenberger, McCune, and Sinton
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 8th day of June 2026.
SEAL Ashley Colbert, Deputy Town Clerk
TOWN OF ITHACA
LOCAL LAW NO. 4 OF THE YEAR 2026
A LOCAL LAW REVISING THE DISTRIBUTED ENERGY RESOURCE(S) AND ELIGIBLE
INVESTORS DEFINITIONS IN 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, Article I (Community
Choice Aggregation), Section 132-2 (Definitions) is amended by revising the definition of
"Distributed Energy Resource(s) (DER(s))" to read as follows:
DISTRIBUTED ENERGY RESOURCE(S) (DER(s))
Local renewable energy projects and energy efficiency measures, shared renewables like
community solar and shares and cooperatives, renewable heat and hot water systems,
energy management, energy storage, microgrid projects, geothermal heat loop projects,
electric vehicles and charging systems, local renewable hydrogen fuel cells, and other
innovative Reforming the Energy Vision (REV) initiatives that optimize system benefits,
target and address load pockets/profile within the Town of Ithaca, and potentially reduce
the cost of energy for participants.
Section 2. Chapter 135 (Community Choice Aggregation (Energy) Program and
Distributed Energy Resources Program) of the Town of Ithaca Code, Article II (Distributed
Energy Resources), Section 135-12 (Definitions) is amended by revising the definition of
"Eligible Investors (Investors)" to read as follows:
ELIGIBLE INVESTORS (INVESTORS)
Any energy user within the geographic boundaries of the Town of Ithaca.
Section 3. 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 4. This local law shall take effect upon its filing with the New York Secretary of
State.