[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:
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 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.
C.
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.
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 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.
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.
