LCO 4101 \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07114-R01-
HB.docx
1 of 3
General Assembly Raised Bill No. 7114
January Session, 2019
LCO No. 4101
Referred to Committee on ENERGY AND TECHNOLOGY
Introduced by:
(ET)
AN ACT CONCERNING MU NICIPAL COMPETITIVE PROCUREMENT
OF ELECTRICITY, NATURAL GAS, RENEWABLE E NERGY AND
OTHER ENERGY -RELATED PRODUCTS BY NONPROFIT ENERGY
BUYING CONSORTIA.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2019) (a) As used in this 1
section: 2
(1) "Competitively procured program" means a program (A) for 3
which a nonprofit energy buying consortium publishes notice of any 4
procurement (i) at least fifteen days prior to such procurement, which 5
may include publication in a newspaper of general circulation in the 6
state, (ii) in a display form that shall serve substantially to notify the 7
public of such procurement and in print no smaller than ten-point type 8
size, and (iii) on such nonprofit energy buying consortium's Internet 9
web site, (B) that contains clear evaluation criteria, and (C) that meets a 10
best value standard that may include the consideration of factors other 11
than price that have a significant impact on cost, including, but not 12
limited to, provisions regarding change in use or change in law, the 13
financial strength of the supplier, the availability of customer service 14 Raised Bill No. 7114
LCO 4101 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07114-
R01-HB.docx }
2 of 3
and the ability of the supplier to serve the customer base; 15
(2) "Nonprofit energy buying consortium" means an entity 16
recognized as exempt from taxation pursuant to Sections 501(c)(3) or 17
501(c)(4) of the Internal Revenue Code of 1986, or any subsequent 18
corresponding internal revenue code of the United States, as amended 19
from time to time, whose purpose is to aggregate a group of 20
participating buyers and perform the procurement of electricity, 21
natural gas, renewable energy, demand response, energy efficiency, 22
solar, storage and other energy-related products, or any combination 23
thereof, for such participating buyers; and 24
(3) "Participating buyers" means any agency, executive office, 25
department, board, commission, bureau, division or authority of a 26
municipality that participates in or becomes a member of a nonprofit 27
energy buying consortium. 28
(b) Notwithstanding any municipal ordinance, general or special 29
law to the contrary, any agency, executive office, department, board, 30
commission, bureau, division or authority of a municipality may 31
participate in and become a member of any competitively procured 32
program organized and administered by or on behalf of a nonprofit 33
energy buying consortium or of any subsidiary organization thereof, 34
provided if a participating buyer is located within the boundaries of a 35
community that is served by a municipal electric utility, such 36
participating buyer may not purchase electricity, electricity-related 37
products or renewable energy. Such nonprofit energy buying 38
consortium or any such subsidiary organization shall procure 39
electricity, natural gas, renewable energy, demand response, energy 40
efficiency, solar, storage and other energy-related products, or any 41
combination thereof, for such participating buyers. Any such 42
procurement made pursuant to this section shall be exempt from any 43
municipal competitive bidding requirements. 44 Raised Bill No. 7114
LCO 4101 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07114-
R01-HB.docx }
3 of 3
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 New section
ET Joint Favorable