[HISTORY: Adopted by the Township Council of the Township
of Livingston 6-1-2020 by Ord. No. 6-2020. Amendments noted where applicable.]
The Township hereby establishes a Government Energy Aggregation
Program, in accordance with the provisions of the Government Energy
Aggregation Act, N.J.S.A. 48:3-93.1 et seq.
The Township Council shall authorize the Mayor to execute and
the Clerk to attest to the execution of an electric distribution aggregation
agreement, in a form acceptable to the Township attorney, with JCP&L
and with PSE&G.
The Livingston Township Council will act as lead agency of the
Livingston Community Energy Aggregation Program and, in that capacity,
and consistent with applicable rules, will solicit proposals for electric
generation service and energy aggregation services on behalf of Township
residents and businesses, and enter into a contract for such services
provided that the lowest qualified bid price is below the prevailing
price for utility-provided basic generation service.
As lead agency the Livingston Township Council will execute
a master performance agreement that obligated the participants in
the Livingston Community Energy Aggregation Program to purchase electricity
at terms and conditions stated therein with a third-party supplier
who has been awarded the contract by the lead agency on behalf of
participating members of the Livingston Community Energy Aggregation
Program, and provided that such contract shall be at prices reasonably
forecast and estimated by the Livingston Township Council to provide
savings to participants relative to the price charged for basic generation
service by PSE&G and JCP&L.
The authorization provided to the lead agent shall be valid
until October 1, 2025 (the "effective period"), at which time the
Livingston Community Energy Aggregation Program will be subject to
renewal at the discretion of the Livingston Township Council.
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed.
If any section, subsection, sentence, clause, phrase or portion
of this chapter is for any reason held to be invalid or unconstitutional
by a court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions hereof.
Except as hereby amended, the Code of the Township of Livingston
shall remain in full force and effect.
This chapter shall take effect 20 days from final passage and
publication in accordance with the law.
