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.
[Amended 9-14-2021 by Ord. No. 21-2031]
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 facilitate a transition to an increased
use of renewable energy sources while also obtaining power supply
cost savings for residents, if possible. 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:
A. All agreements entered into on behalf of the HPGEA shall be authorized
by written resolution of the Borough Council.
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 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 power supply procured has renewable energy content greater than the renewable energy content of basic generation service offered by the electric utility, PSE&G, and that 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.
[Amended 9-14-2021 by Ord. No. 21-2031]
C. Any requests for proposals for electricity-generating services must
state that no contract will be awarded unless the power supply offered
by the supplier has enhanced renewable energy content, that is, renewable
energy content greater than the renewable energy content of basic
generation service offered by the electric utility, PSE&G, consistent
with the New Jersey Renewable Portfolio Standard, has an option for
100% renewable energy content, and the supplier's proposal is
otherwise determined by the Borough Council to be beneficial to Borough
residents. The enhanced content of renewable energy sources must be
at least 10% above the prevailing New Jersey Renewable Portfolio Standard
(RPS) at the time contract is procured, with all the renewable supply
coming from Class 1 resources located within PJM, and is otherwise
beneficial to the Borough's residents and consistent with applicable
rules. Renewables should be sourced from within the region currently
serviced by PJM Interconnection (PJM), a Regional Transmission Organization,
to the maximum extent feasible.
[Amended 9-14-2021 by Ord. No. 21-2031]
D. 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 the contract provides for
enhanced renewable energy content and that the supplier's proposal
is otherwise determined by the Borough Council to be beneficial to
Borough residents.
[Amended 9-14-2021 by Ord. No. 21-2031]
E. 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.