[HISTORY: Adopted by the Borough Council of the Borough of Highland Park 6-23-2020 by Ord. No. 20-2004. Amendments noted where applicable.]
The "Government Energy Aggregation Program" is hereby created and established pursuant to the New Jersey Government Energy Aggregation Act, N.J.S.A. 48:3-93.1 et seq. and the rules promulgated thereunder, N.J.A.C. 14:4-6.1 et seq.
There is an increased need to mitigate the impacts of climate change and many of the costs associated with the impacts of climate change mitigation are borne by municipal government. Additionally, the Borough Council wishes to obtain a power supply cost savings for residents while facilitating a transition to an increased use of renewable energy sources. This program is being established to facilitate the operation of a purchasing cooperative through which multiple energy consumers purchase energy together under the auspices of the Borough acting as a government regulator. The Borough, therefore, wishes to be a facilitator which will permit the Borough to be the lead agency in establishing an energy aggregation program for the purchase of electric generation service as authorized by the New Jersey Government Energy Aggregation Act, N.J.S.A. 48:3-93.1 et seq. and the rules promulgated thereunder pursuant to N.J.A.C. 14:4-6.1 et seq.
The Government Energy Aggregation Program ("HPGEA") shall operate as follows:
All agreements entered into on behalf of the HPGEA shall be authorized by written resolution of the Borough Council.
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 Council shall oversee the HPGEA as lead agency and, in that capacity, and consistent with applicable rules, shall solicit one or more requests for proposals for electric generation services and energy aggregation services on behalf of the Borough's residents. The Mayor may execute and enter into a contract for such services, subject to Subsections C and 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 HPGEA program will be issued whereby nonresidential energy customers may opt into the HPGEA program and residential customers may opt out.
Any requests for proposals for electricity generating services must state that no contract will be awarded unless there are cost savings for customers as well as renewable energy sources. Renewables should be sourced from within the region currently serviced by PJM Interconnection (PJM), a regional transmission organization, to the maximum extent possible. The Borough Council may not execute and enter into a contract for electricity generating services unless the above two stipulations are satisfied.
The Borough Council may authorize a master performance agreement that obligates the participants in the HPGEA to purchase electricity at terms and conditions stated therein with a third-party supplier who has been awarded the contract of the Borough on behalf of participating members of the HPGEA, and provided that such contract shall be at prices reasonably forecast and estimated by the Borough to provide for basic generation service by the utility serving the Borough.
The HPGEA program shall be administered in accordance with the requirements of N.J.S.A. 48:3-93.1 et seq. and N.J.A.C. 14:4-6.1 et seq.
All ordinances and resolutions, or part thereof, inconsistent with this chapter are hereby repealed.
If any section, paragraph, subdivision, clause or provision of this chapter shall be judged by the Courts to be invalid, such adjudication shall apply only to this section, paragraph, subsection, clause or provision so adjudged and the remainder of this chapter shall be valid and enforceable.
This chapter shall take effect upon final adoption and publication as required by law.