[Added 4-14-2021 by Ord. No. 2021-9]
The Asbury Park City ("City") hereby ordains that it shall participate in the Community Energy Aggregation Program for residential and non-residential customers served by the JCP&L distribution system and established by the Borough of Red Bank ("Borough"), in accordance with the provisions of the Government Energy Aggregation Act, N.J.S.A. §§ 48:3-93.1, et seq., and the rules promulgated thereunder, N.J.A.C. § 4:4-6.1, et seq.
[Added 4-14-2021 by Ord. No. 2021-9]
The Borough shall be the lead agency and any agreements entered into in connection with the Community Energy Aggregation Program by authorized personnel shall be subject to review by the City.
[Added 4-14-2021 by Ord. No. 2021-9]
a. 
The Mayor of Asbury Park City ("Mayor") shall be and is authorized to execute and the Clerk to attest to the execution of and Electric Distribution Aggregation Agreement, in a form acceptable to City, with JCP&L.
b. 
Pursuant to the terms and conditions of the Government Energy Aggregation Act and the rules promulgated thereunder, and specifically N.J.A.C. § 14:4-6.2, the Borough shall oversee the Community Energy Aggregation Program ("CEA") as lead agency and, in that capacity, and consistent with applicable rules, shall solicit requests for proposals for electric generation service and energy aggregation services on behalf of City's residents and businesses. The Borough may execute and enter into a contract for such services, subject to § 21-1.3(C)-(D), and provided that the lowest qualified bid price for electricity generation service is consistent with N.J.A.C. § 14:4-6.9 and notice is provided to residential customers should the price exceed the benchmark price, as required by N.J.A.C. § 14:4-6.9(g). Pursuant to the regulations of the Government Energy Aggregation Act, a public notice of the CEA will be issued whereby non-residential energy consumers may opt into the CEA and residential customers may opt out.
c. 
The CEA must be fully implemented within one (1) year of the passage of this ordinance. Request for proposals for electricity generating services must state that no contract will be awarded unless it has an option for customers to opt up to 100% renewable electricity and a minimum percentage of renewable electricity for all program participants of:
1. 
30% from program inception through December 31, 2021;
2. 
40% from January 1, 2022 through December 31, 2023;
3. 
50% from January 1, 2024 through December 31, 2025;
4. 
65% from January 1, 2026 through December 31, 2027;
5. 
80% from January 1, 2028 through December 31, 2029; and
6. 
100% after December 31, 2029.
d. 
The renewable electricity attributes for the CEA will be Class I, NJ PJM Renewable Energy Credits from the current calendar year, unless the municipality opts to enter into a power purchase agreement with a solar or wind energy provider to provide both energy and attributes together to meet some or all of the requirements of paragraphs c. and d. of this subsection. The Mayor may not execute and enter into a contract for electricity generating services unless it meets the renewable percentages specified in § 21-3c.
e. 
The Mayor may also execute a master performance agreement that obligates the participants in the CEA to purchase electricity at terms and conditions stated therein with a third-party supplier who has been awarded the contract by City on behalf of participating members of the CEA, and provided that such contract shall be at prices reasonably forecast and estimated by the City to provide for basic generation service by JCP&L.