Connecticut Seal

General Assembly

 

Substitute Bill No. 334

    February Session, 2018

 

*_____SB00334ET____032918____*

AN ACT CONCERNING MUNICIPAL AND STATE COMPETITIVE PROCUREMENT OF ELECTRICITY, NATURAL GAS, RENEWABLE ENERGY 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, 2018) (a) As used in this section:

(1) "Competitively procured program" means a program (A) for which a nonprofit energy buying consortium publishes notice of any procurement (i) at least fifteen days prior to such procurement, which may include publication in a newspaper of general circulation in the state, (ii) in a display form that shall serve substantially to notify the public of such procurement and in print no smaller than ten-point type size, and (iii) on such nonprofit energy buying consortium's Internet web site, (B) that contains clear evaluation criteria, and (C) that meets a best value standard that may include the consideration of factors other than price that have a significant impact on cost, including, but not limited to, provisions regarding change in use or change in law, the financial strength of the supplier, the availability of customer service and the ability of the supplier to serve the customer base;

(2) "Nonprofit energy buying consortium" means an entity recognized as exempt from taxation pursuant to Sections 501(c)(3) or 501(c)(4) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, whose purpose is to aggregate a group of participating buyers and perform the procurement of electricity, natural gas, renewable energy, demand response, energy efficiency, solar, storage and other energy-related products, or any combination thereof, for such participating buyers; and

(3) "Participating buyers" means any agency, executive office, department, board, commission, bureau, division or authority of a municipality or the state, including the executive, legislative and judicial branches of the state, or of any political subdivision thereof, or any authority established by the General Assembly to serve a public purpose that participates in or becomes a member of a nonprofit energy buying consortium.

(b) Notwithstanding any municipal ordinance, general or special law to the contrary, any agency, executive office, department, board, commission, bureau, division or authority of a municipality or the state, including the executive, legislative and judicial branches of the state, or of any political subdivision thereof, or any authority established by the General Assembly to serve a public purpose may participate in and become a member of any competitively procured program organized and administered by or on behalf of a nonprofit energy buying consortium or of any subsidiary organization thereof, provided if a participating buyer is located within the boundaries of a community that is served by a municipal electric utility, such participating buyer may not purchase electricity, electricity-related products or renewable energy. Such nonprofit energy buying consortium or any such subsidiary organization shall procure electricity, natural gas, renewable energy, demand response, energy efficiency, solar, storage and other energy-related products, or any combination thereof, for such participating buyers. Any such procurement made pursuant to this section shall be exempt from any municipal or state competitive bidding requirements.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2018

New section

ET

Joint Favorable Subst.