[Ord. No. 315, 3-14-2021[1]]
(a) 
In accordance with PA-07-242 and G.S. § 32-80a et seq., the Town of Vernon hereby establishes the Town of Vernon Energy Improvement District within and for the area more particularly defined as the municipal boundaries of the Town of Vernon to be created and operated according to the procedures set forth in PA 07-242 and G.S. § 32-80a et seq.
(b) 
The purpose of this division is to promote the planning, development, construction, reconstruction, improvement, extension or operation of the energy improvement district with a view to increase efficiency, reliability and furtherance of commerce and industry in an energy improvement district. The operation of the district shall be for the benefit of the inhabitants of the municipality, for the increase of their commerce and for the promotion of their safety, health, welfare, convenience and prosperity. Further, the purpose is also to coordinate district activities with regard to such resources with relevant state, regional and federal agencies.
[1]
Editor's Note: Ordinance No. 315 also repealed former Div. 3, relating to similar subject matter, adopted 4-7-2010 by Ord. No. 292.
[Ord. No. 315, 3-14-2021]
Words and terms shall have the following meanings when context shall require or permit:
BENCHMARKING
Shall mean a method that includes periodic review of a building or facility's energy consumption based on sq. footage, with the goal of improving performance.
BOARD
Shall mean the energy improvement district board created by this division and as more particularly defined in PA 07-242 and G.S. § 32-80a.
CONNECTICUT GENERAL STATUTES
Shall mean the revision of 1958, as revised and amended.
DISTRICT
Shall mean the energy improvement district which shall be the municipal boundaries of the Town of Vernon.
ENERGY IMPROVEMENT DISTRICT DISTRIBUTED RESOURCES
Shall mean one (1) or more of the following:
i. 
Customer-side distributed resources, as defined in G.S. § 16-1;
ii. 
Grid-side distributed resources, as defined in said G.S. § 16-1;
iii. 
Combined heat and power systems, as defined in said G.S. § 16-1; and
iv. 
Class III renewable energy sources, as defined in G.S. § 16-1.
EX OFFICIO
Shall mean a non-voting member.
FEDERAL AGENCY
Shall mean the United States of America and any department of or corporation, agency, or instrumentality thereof or hereafter created, designated or established by the United States of America.
PROJECT
Shall mean the acquisition, purchase, construction, reconstruction, improvement or extension of one (1) or more energy improvement district distributed resources.
STATE AGENCY
Shall mean the State of Connecticut, any department of, or corporation agency; or instrumentality thereof, heretofore, of or hereafter created, designated, or established by the State of Connecticut.
[Ord. No. 315, 3-14-2021]
The mayor shall appoint the voting members of board of the district, as set out in G.S. § 32-80a(2)(b)(1). These voting members shall be approved by the town council. The board of the district shall consist of five (5) voting members. The voting members shall be electors of the town or representatives of businesses located in the district. The terms of two (2) designated members shall expire on June 30, 2011. The terms of the two (2) other, remaining designated members shall expire on June 30, 2012. The term of the last remaining designated member shall expire on June 30, 2013. Thereafter, upon the expiration of these original terms, all the terms shall be for a period of five (5) years. The mayor shall be a ex-officio member of the board during his or her term as mayor of Vernon. The mayor shall fill any vacancy for the unexpired portion of the term. Any vacancy shall be filled in the same manner as the original appointment. The five (5) voting board members shall serve without compensation, except for reasonable and necessary expenses.
[Ord. No. 315, 3-14-2021]
As set out in G.S. § 32-80a the voting board members may lease or acquire office space and equip the same with suitable furniture and supplies for the performance of work of the board and may employ such personnel as may be necessary for such performance, subject to the recommendation of the mayor and approval of the town council. The voting board also shall have power to:
(1) 
Sue and be sued;
(2) 
Confer with any body or official having to do with electric power distribution facilities within and without the district and hold public hearings as to such facilities;
(3) 
Confer with electric distribution companies with reference to the development of electric distribution facilities in such district and the coordination of the same;
(4) 
Determine the location, type, size and construction of energy improvement district distributed resources, subject to the approval of any department, commission or official of the United States, the state or the municipality where federal, state or municipal statute or regulation requires it and subject to the recommendation of the mayor and approval of the town council;
(5) 
Make surveys, maps and plans for, and estimates of the cost of, the development and operation of requisite energy improvement district distributed resources and for the coordination of such facilities with existing agencies, both public and private, with the view of increasing the efficiency of the electric distribution system in the district and in the furtherance of commerce and industry in the district;
(6) 
Enter into contracts subject to the recommendation of the mayor and approval of the town council; including but not limited to contracts with independent consultants and suppliers of clean energy products and technology in order to reduce the town's carbon footprint, dependency on foreign energy sources, and to make available to local non-profits and businesses the benefits of such a program;
(7) 
Subject to recommendation of the mayor and the approval of the town council, the energy improvement district and energy improvement district board shall have the power to enter into power purchase agreements and/or energy service agreements;
(8) 
Operate and maintain all energy improvement district distributed resources owned or leased by the board;
(9) 
Subject to the recommendation of the mayor and approval of the town council, accept gifts, grants, loans or contributions from the United States, the state or any agency or instrumentality of either, or a person or corporation, by conveyance, bequest or otherwise, and expend the proceeds for any purpose of the board and, as necessary, contract with the United States, the state or any agency or instrumentality of either to accept gifts, grants, loans or contributions on such terms and conditions as may be provided by the law authorizing the same; any revenue collected by the energy improvement district (EID) or energy improvement district board (EID) shall be submitted to the Town of Vernon general fund;
(10) 
Maintain paid staff to promote and develop the movement of commerce through the energy improvement district;
(11) 
Use the officers, employees, facilities and equipment of the municipality, with the consent of the municipality, and pay a proper portion of the compensation or cost;
(12) 
Organize and analyze the town's energy needs by obtaining and examining records of the town's utility use including electric, oil, gas, water and solar, for the purpose of benchmarking and improving Vernon's utility usage. Any benchmarking findings and any recommendations will be provided to administration;
(13) 
Subject to the recommendation of the mayor and approval of the council, the energy improvement district and energy improvements district board shall have the power to enter into power purchase agreements and or energy service agreements;
(14) 
The energy improvements district and energy improvement district board shall not have any of the powers provided in G.S. § 32-80a, b, c, or Public Act 07-242 unless they are also articulated in this division;
(15) 
Provide information to Vernon's residents or businesses regarding relevant energy matters;
(16) 
Subject to the approval of the mayor, form sub-committees to investigate and/or research energy or sustainable matters that may be of benefit to the town, and its residents or businesses. Subcommittee findings will be shared with the energy improvement district board.
(17) 
Serve as advisors to Vernon's sustainable CT program, including being called upon to obtain and provide information to the Town on sustainable actions. The board may also advise town officials on future sustainable actions.
[Ord. No. 315, 3-14-2021]
(a) 
The properties included in the district shall be bound by the municipal boundaries of the Town of Vernon.
(b) 
The office of the mayor shall notify by mail each property owner of record within said district of said action. An owner may record on the land records in the municipality its decision to participate in the energy improvement district pursuant to this section and G.S. §§ 32-80b and 32-80c. Any owner of record, including any new owner of record, may rescind said decision at any time.
[Ord. No. 315, 3-14-2021]
The board may, subject to the recommendation of the mayor and approval by the town council, make and enforce any reasonable regulation which it may determine to be necessary relating to the facilities owned or leased by any individual or corporation, limited liability company, partnership, etc., within the district consistent with the laws of the State of Connecticut and the Vernon Town Charter and Code of Ordinances for the Town of Vernon.
[Ord. No. 315, 3-14-2021]
In the event that property taxes are not paid or required to be paid to the Town of Vernon for real and personal property by the energy improvement district (EID) project, at the town's election the energy improvement district (EID) will be subject to a payment in lieu of taxes, the PILOT election shall be based upon the Town's Mill rate and the Town's valuation of the energy improvement district (EID) project real and or personal property. The energy improvement district (EID) project real and personal property include any real or personal under any agreement of operation or lease between the energy improvement district (EID) and any entity, person or organization. This election shall be at least the ninety (90) days before the date at which the assessor of the town publishes the Town of Vernon Grand List for real and personal property for the town. Town's election shall be based upon the recommendation of the mayor to the town council with the approval of the majority of the town council. This shall not be a PILOT upon any property owner in the boundaries of the energy improvement district (EID) only the energy improvement district (EID) project personal and real property is subject to section 2-133.
[Ord. No. 315, 3-14-2021]
The ordinance from which this division is derived shall be effective for a period of not more than ten (10) years from the date of adoption at which time, if the town council does not or has not acted to renew the ordinance, the ordinance shall be deemed repealed.