[Ord. No. 2014-03; Ord. No. 2014-09]
a. 
There is hereby established a Community Choice Government Energy Aggregation Program ("GEA Program"), in the Borough of North Plainfield, for the purpose of soliciting, contracting for and obtaining power supply cost savings for residential, industrial, commercial and public entity consumers ("Consumers") located within the Borough, in accordance with the provisions of the Government Energy Aggregation Act, N.J.S.A. 48:3-93.1 et seq. (the "GEA Act") and the regulations promulgated by the New Jersey Board of Public Utilities ("BPU"), N.J.A.C. 14:4-6.1 et seq. (the "GEA Regulations").
[Ord. No. 2014-03; Ord. No. 2014-09]
a. 
The Mayor is authorized to execute and the Borough Clerk is authorized to attest to the execution of an Electric Distribution Aggregation Company Agreement, in a form acceptable to the Borough and in accord with applicable laws, rules and regulations, with Public Service Electric & Gas ("PSEG").
[Ord. No. 2014-03; Ord. No. 2014-09]
a. 
The Borough Council may, consistent with applicable laws, rules and regulations, solicit price proposals for energy generation and aggregation services on behalf of Consumers located within the Borough, and may award a contract for such services to a third-party electric supplier (the "Supplier"), who has submitted the approved lowest qualified proposal below the prevailing price for utility-provided basic generation service.
b. 
The Mayor is authorized to execute and the Borough Clerk is authorized to attest to the execution of a master performance agreement for purchase of electricity by Consumers from the Supplier who has been awarded the contract by the Borough, subject to its terms and conditions, and provided that such contract shall be at prices reasonably estimated by the Borough Council to provide savings to Consumers relative to the price charged for basic generation service by PSEG.
c. 
The contract with the approved Supplier shall provide that residential Consumers will be permitted to opt out of the GEA Program at any time after 30 days; and
d. 
Industrial, commercial, and public entity Consumers will be permitted to opt into the GEA Program consistent with applicable rules; and
e. 
The contract with an approved Supplier shall be valid for no more than two years or less, at the option of the Borough, at which time the contract shall expire, or same may be renewed by the Borough Council, or the Borough Council may authorize a new solicitation for proposals, such action to be taken by a duly-adopted Resolution of the Borough Council.
[Ord. No. 2014-03; Ord. No. 2014-09]
a. 
All ordinances or portions of ordinances which are inconsistent with this Ordinance shall be repealed as to their inconsistencies only.
b. 
If any provision or paragraph of this Ordinance shall be held invalid by any court of competent jurisdiction, the same shall not affect the other provisions of this Ordinance, except so far as the provisions or paragraphs so declared invalid shall be separable from the remainder or any portion thereof.
c. 
This Ordinance shall take effect, after final passage, 20 days following action or inaction by the Mayor as provided by law, or an override of a mayoral veto by the Council, whichever is applicable, and publication in accordance with law, unless a resolution is adopted, pursuant to N.J.S.A. 40:69A-181(b), declaring an emergency and providing that this Ordinance shall take effect at an earlier date.