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18 | 17 | | |
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19 | 18 | | |
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20 | 19 | | AN ACT CONCERNING MU NICIPAL COMPETITIVE PROCUREM ENT |
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21 | 20 | | OF ELECTRICITY, NATURAL GAS, RENEWABLE E NERGY AND |
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22 | 21 | | OTHER ENERGY -RELATED PRODUCTS BY NONPROFIT ENERGY |
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23 | 22 | | BUYING CONSORTIA. |
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24 | 23 | | Be it enacted by the Senate and House of Representatives in General |
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25 | 24 | | Assembly convened: |
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26 | 25 | | |
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27 | 26 | | Section 1. (NEW) (Effective October 1, 2019) (a) As used in this 1 |
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28 | 27 | | section: 2 |
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29 | 28 | | (1) "Competitively procured program" means a program (A) for 3 |
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30 | 29 | | which a nonprofit energy buying consortium publishes notice of any 4 |
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31 | 30 | | procurement (i) at least fifteen days prior to such procurement, which 5 |
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32 | 31 | | may include publication in a newspaper of general circulation in the 6 |
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33 | 32 | | state, (ii) in a display form that shall serve substantially to notify the 7 |
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34 | 33 | | public of such procurement and in print no smaller than ten-point type 8 |
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35 | 34 | | size, and (iii) on such nonprofit energy buying consortium's Internet 9 |
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36 | 35 | | web site, (B) that contains clear evaluation criteria, and (C) that meets a 10 |
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37 | 36 | | best value standard that may include the consideration of factors other 11 |
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38 | 37 | | than price that have a significant impact on cost, including, but not 12 |
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39 | 38 | | limited to, provisions regarding change in use or change in law, the 13 |
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47 | 46 | | and the ability of the supplier to serve the customer base; 15 |
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48 | 47 | | (2) "Nonprofit energy buying consortium" means an entity 16 |
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49 | 48 | | recognized as exempt from taxation pursuant to Sections 501(c)(3) or 17 |
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50 | 49 | | 501(c)(4) of the Internal Revenue Code of 1986, or any subsequent 18 |
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51 | 50 | | corresponding internal revenue code of the United States, as amended 19 |
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52 | 51 | | from time to time, whose purpose is to aggregate a group of 20 |
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53 | 52 | | participating buyers and perform the procurement of electricity, 21 |
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54 | 53 | | natural gas, renewable energy, demand response, energy efficiency, 22 |
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55 | 54 | | solar, storage and other energy-related products, or any combination 23 |
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56 | 55 | | thereof, for such participating buyers; and 24 |
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57 | 56 | | (3) "Participating buyers" means any agency, executive office, 25 |
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58 | 57 | | department, board, commission, bureau, division or authority of a 26 |
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59 | 58 | | municipality that participates in or becomes a member of a nonprofit 27 |
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60 | 59 | | energy buying consortium. 28 |
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61 | 60 | | (b) Notwithstanding any municipal ordinance, general or special 29 |
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62 | 61 | | law to the contrary, any agency, executive office, department, board, 30 |
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63 | 62 | | commission, bureau, division or authority of a municipality may 31 |
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64 | 63 | | participate in and become a member of any competitively procured 32 |
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65 | 64 | | program organized and administered by or on behalf of a nonprofit 33 |
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66 | 65 | | energy buying consortium or of any subsidiary organization thereof, 34 |
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67 | 66 | | provided if a participating buyer is located within the boundaries of a 35 |
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68 | 67 | | community that is served by a municipal electric utility, such 36 |
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69 | 68 | | participating buyer may not purchase electricity, electricity-related 37 |
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70 | 69 | | products or renewable energy. Such nonprofit energy buying 38 |
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71 | 70 | | consortium or any such subsidiary organization shall procure 39 |
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72 | 71 | | electricity, natural gas, renewable energy, demand response, energy 40 |
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73 | 72 | | efficiency, solar, storage and other energy-related products, or any 41 |
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74 | 73 | | combination thereof, for such participating buyers. Any such 42 |
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75 | 74 | | procurement made pursuant to this section shall be exempt from any 43 |
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