BOD Draft Minutes 01192022
Draft Agenda
Board of Directors Meeting
Wednesday, January 19, 2022
5:00 pm
https://us02web.zoom.us/j/87023071843
Dial(for higher quality, dial a number based on your current location): US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 929 205 6099 or +1 301 715 8592 or 888 475 4499 (Toll Free) or 877 853 5257 (Toll Free)
Webinar ID: 870 2307 1843
Meetings are accessible to people with disabilities. Individuals who need special assistance or a disability-related modification or accommodation to participate in this meeting, or who have a disability and wish to request an alternative format for the meeting materials, should contact the Clerk of the Board at least 2 working days before the meeting at (510) 906-0491 or [email protected].
If you have anything that you wish to be distributed to the Board, please email it to the clerk by 5:00 pm the day prior to the meeting.
1. Welcome & Roll Call
Present: Directors: Valle (Alameda County), Tiedemann (Albany), Cox (Fremont), Marquez (Hayward), Munro (Livermore), Hannon (Newark), Kalb (Oakland), McCarthy (Piedmont), Narum (Pleasanton), Arriola (Tracy), Patino (Union City), Vice-Chair Lopez (San Leandro) Excused: Directors: Harrison (Berkeley), Hernandez (Dublin), Chair Martinez (Emeryville) Director Cox served as an Alternate for Director Mei (Fremont).
2. Pledge of Allegiance
Director Hannon lead the Pledge of Allegiance.
3. Public Comment
This item is reserved for persons wishing to address the Board on any EBCE-related matters that are not otherwise on this meeting agenda. Public comments on matters listed on the agenda shall be heard at the time the matter is called. As with all public comment, members of the public who wish to address the Board are customarily limited to two minutes per speaker and must complete an electronic speaker slip.
The Board Chair may increase or decrease the time allotted to each speaker.
Jessica Tovar, on behalf of East Bay Clean Power Alliance, stated the CPUC would hear an item on Net Energy Metering, the Local Solar Incentive Policy Program, and encouraged everyone to call Governor Newsome and urge him to protect Net Energy Metering when the item comes up East Bay Community Energy
Board of Directors Page | 2
BOD Draft Minutes 01192022
for vote in February 2022, and encouraged everyone to speak at the January 27th CPUC meeting.
She is concerned about Community Innovation Grants launched in 2019 and urged EBCE to continue to offer the grants.
Aleta Dupree, a member of the public, stated that even if people such as renters cannot install solar panels on their roofs they should still be able to get renewable electricity. Aleta Dupree stated electrification of the home and various methods of transportation are important as ways the public can participate in clean energy, and asked how to bridge the gap between the surpluses of solar energy during the day that is not being used and having to burn fuel at night?
CONSENT AGENDA
4. Approval of Board of Directors Meeting Minutes of December 15, 2021
5. Treasurer’s Report
6. Contracts entered into between December 8, 2021 and January 12, 2022 (Informational Item)
7. Extend the Temporary Suspension of and Revise Certain Customer Terms and Conditions.
8. Adoption of Resolution 2002-_____ regarding imminent Risks Findings Pursuant to AB 361 and Authorization to Continue Meeting via Teleconferencing Director Marquez motioned to approve the Consent Agenda. Director Kalb seconded the motion, which passed 13/0. Excused Directors: Harrison (Berkeley), Hernandez (Dublin).
Chair Martinez joined the meeting during the Consent Calendar.
Chair Martinez assumed the role of Chair.
REGULAR AGENDA
9. CEO REPORT
a. Executive Committee Meeting;
b. Marketing and outreach Update;
c. Local Development Business Plan Update, and
d. Update on Opt-out
Recommendation: Accept Chief Executive Officer (CEO) report on update items below.
Jessica Tovar, on behalf of East Bay Clean Power Alliance, appreciated EBCE staff members who speak out in support of Net Energy Metering. Jessica Tovar also appreciated that CEO Chaset responded to their comments regarding reinstating Community Innovation Grants and the Sierra Club’s request for EBCE to provide a review of its carbon intensity and why there has been an increase in 2021.
East Bay Community Energy
Board of Directors Page | 3
BOD Draft Minutes 01192022
Aleta Dupree, a member of the public, stated CEO Chaset’s report shows it is easy for people to make decisions on how to get their electricity. Aleta Dupree looks forward to the CEO’s report on carbon intensity as far as incoming power that is not renewable to see where it comes from and how it can be reduced.
10. Community Advisory Committee Report – Verbal Report • Chair Eldred reported CAC met January 18th and requested there be a presentation next month on the power content and climate contributions of EBCE’s energy mix. • Chair Eldred reported that the next CAC would be held February 14th.
11.Program to Support and Scale Low to Moderate Income Building Electrification and Efficiency
Recommendation: Approve Resolution authorizing CEO to execute an Agreement with BlocPower to provide for $1 million in investment at the junior capital position and negotiate and execute a separate Agreement to provide $400,000 in grants to support electrification and clean energy upgrades on low to moderate income homes in EBCE’s sevice area.
Jessica Tovar, on behalf of East Bay Clean Power Alliance, stated they support this program for access to electrification for the help it would provide in allowing customers to afford it as well as the jobs it would bring to the local workforce. Jessica Tovar stated that ensuring customers who sign up for the program fully understand the benefits and tradeoffs is an educational opportunity to show that electrification and energy efficiency work best together, and even better when adding local solar energy. Jessica Tovar requested EBCE create a program for customers who cannot afford even small bill increases.
The Board Discussed:
• The benefits derived from the program, such as upgrades to a home to make it more energy efficient, being worth the monthly increase.
• Confidence in the program inspired by its integrity.
• The potential for renters and people who currently cannot participate in this program being able to eventually participate.
• Staff and BlocPower contacting local jurisdictions and the Alameda County Housing Authority to ensure they are aware of this program.
Director Hannon motioned to approve a Resolution authorizing CEO to execute an Agreement with BlocPower to provide for $1 million in investment at the junior capital position and negotiate and execute a separate Agreement to provide $400,000 in grants to support electrification and clean energy upgrades on low to moderate income homes in EBCE’s sevice area, with the addition that EBCE staff reach out to each local jurisdiction and the Alameda County Housing Authority to ensure they are aware of this program and have the opportunity to participate. Director Kalb seconded the motion, which carried 12/0.
Excused Directors: Valle (Alameda County), Harrison (Berkeley), Hernandez (Dublin).
12. Mid-Year Budget Review
Recommendation: Receive the report informing the Board of the mid-year Budget position for the 2021-2022 fiscal year.
East Bay Community Energy
Board of Directors Page | 4
BOD Draft Minutes 01192022
There were no speakers for public comment.
The Board Discussed:
• Funding the Community Innovation Grants again.
13. Credit Rating Review
Recommendation: Receive the review of the credit rating and its implications to EBCE operations.
There were no speakers for public comment.
14.Authorize CEO to Negotiate and Execute a Contract with FEC Nevada I Recommendation: Adopt a Resolution authorizing the CEO to negotiate and execute a contract with FEC Nevada I, LLC for a renewable energy supply agreement for a minimum term of 15 years and a maximum of 20 years.
There were no speakers for public comment.
Director Hannon motioned to adopt a Resolution authorizing the CEO to negotiate and execute a contract with FEC Nevada I, LLC for a renewable energy supply agreement for a minimum term of 15 years and a maximum of 20 years. Director Cox seconded the motion, which carried 12/0. Excused Directors: Valle (Alameda County), Harrison (Berkeley), Hernandez (Dublin).
15.Authorize CEO to Negotiate and Execute a Contract Extension with NCPA to Provide Wholesale Energy Services
Recommendation: Adopt a Resolution authorizing the CEO to negotiate and execute a contract extension with NCPA to provide wholesale energy services for up to a five-year term.
There were no speakers for public comment.
Director Cox motioned to adopt a Resolution authorizing the CEO to negotiate and execute a contract extension with NCPA to provide wholesale energy services for up to a five-year term. Director Munro seconded the motion, which carried 12/0. Excused Directors: Valle (Alameda County), Harrison (Berkeley), Hernandez (Dublin).
16. Board Member and Staff Announcements Including Requests to Place Items on Future Board Agendas
Director Hannon requested a staff presentation on how the geothermal process works and any significant environmental impacts resulting from that process.
Chair Martinez congratulated Director Narum on the newest member of her family.
Chair Martinez thanked staff for responding to letters and public comment on carbon intensity and Community Innovation Grants.
East Bay Community Energy
Board of Directors Page | 5
BOD Draft Minutes 01192022
17.Adjournment - to Wednesday, February 16, 2022.
BOD Draft Minutes 02162022
Draft Agenda
Board of Directors Meeting
Wednesday, February 16, 2022
5:00 pm
https://us02web.zoom.us/j/87023071843
Dial(for higher quality, dial a number based on your current location): US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 929 205 6099 or +1 301 715 8592 or 888 475 4499 (Toll Free) or 877 853 5257 (Toll Free)
Webinar ID: 870 2307 1843
Meetings are accessible to people with disabilities. Individuals who need special assistance or a disability-related modification or accommodation to participate in this meeting, or who have a disability and wish to request an alternative format for the meeting materials, should contact the Clerk of the Board at least 2 working days before the meeting at (510) 906-0491 or [email protected].
If you have anything that you wish to be distributed to the Board, please email it to the clerk by 5:00 pm the day prior to the meeting.
1. Welcome & Roll Call
Present: Directors: Valle (Alameda County), Jordan (Albany), Harrison (Berkeley), Kumagai (Dublin), Cox (Fremont), Marquez (Hayward), Munro (Livermore), Kalb (Oakland), McCarthy (Piedmont), Narum (Pleasanton), Arriola (Tracy), Patino (Union City), Vice-Chair Lopez (San Leandro) and Chair Martinez (Emeryville)
Excused: Directors: Hannon (Newark)
Director Jordon served as an Alternate for Director Tiedemann (Albany).
Director Kumagai served as an Alternate for Director Hernandez (Dublin).
Director Cox served as an Alternate for Director Mei (Fremont).
2. Pledge of Allegiance
3. Public Comment
This item is reserved for persons wishing to address the Board on any EBCE-related matters that are not otherwise on this meeting agenda. Public comments on matters listed on the agenda shall be heard at the time the matter is called. As with all public comment, members of the public who wish to address the Board are customarily limited to two minutes per speaker and must complete an electronic speaker slip. The Board Chair may increase or decrease the time allotted to each speaker.
East Bay Community Energy
Board of Directors Page | 2
BOD Draft Minutes 02162022
Aleta Dupree spoke regarding the best methods of storage, which is essential to capture renewable kilowatt-hours that would otherwise be curtailed. Aleta Dupree also spoke regarding saving money by scheduling use around times and temperatures.
Tom Kelly, spoke regarding the value and relevance of public comment and requested an EBCE staff member be assigned to respond in writing to public speakers. Tom Kelly suggested criteria be established for the source of financing associated with new power projects, and asked for the status of the PCIA in PG&E territory.
Directors Jordan and McCarthy joined the meeting at 5:10pm.
CONSENT AGENDA
4. Approval of Board of Directors Meeting Minutes of October 20, 2021; December 3, 2021 Special Meeting; November 17, 2021 Regular Meeting; and December 15, 2021 Regular Meeting.
5. Contracts entered into between January 12, 2022 and February 9, 2022 (Informational Item).
6. Adoption of Resolution regarding Imminent Risks Findings Pursuant to AB 361 and Authorization to Continue Meeting via Teleconferencing.
7. Adoption of Resolution Authorizing the CEO to negotiate and execute a Consulting Services Agreement with Langan Engineering and Environmental Services, Inc. to provide technical consulting services to East Bay Community Energy (“EBCE”) through a U.S. Environmental Protection Agency (“USEPA”) funded Brownfield Community-wide Assessment Grant, for a total agreement amount not to exceed $250,000, and with a term through December 31, 2024.
8. Adoption of a Resolution authorizing the CEO to negotiate and Execute a Consulting Services Agreement (“CSA”) for architectural services with one of two firms: Komorous-Towey Architects or AE3 Partners, for a total agreement amount ranging between $400,000 and $600,000, and with an agreement term through December 31, 2023.
Director Narum joined the meeting during Public Comment.
Vice Chair Lopez motioned to approve the Consent Agenda. Director Harrison seconded the motion, which passed 12/0. Excused: Directors Hernandez, and Hannon. Abstained:
Director Jordan.
REGULAR AGENDA
9. CEO REPORT
a. Update on enrollment numbers for Albany, Hayward, Dublin, Pleasanton Recommendation: Accept Chief Executive Officer (CEO) report on update items below.
10. Community Advisory Committee Report – Verbal Report Recommendation: Receive verbal report.
East Bay Community Energy
Board of Directors Page | 3
BOD Draft Minutes 02162022
• Chair Eldred reported that CAC’s February 14th meeting had extensive technical difficulties, leading to the meeting starting a half hour late and several members being unable to participate in the meeting.
• Chair Eldred discussed the issue raised by Tom Kelly regarding the cleanliness of the power mix.
11. Consideration regarding Approval of Legislative position on Assembly Bill B1814 which would authorize Community Choice Aggregators (CCAs) to submit applications to the California Public Utilities Commission (CPUC) to receive funding to administer transportation electrification programs in their service areas.
Recommendaton: Board to take a “support” position on Assembly Bill (“AB”) 1814 (Grayson).
Jessica Tovar, on behalf of the East Bay Clean Power Alliance, expressed support for the bill and stated they would like Community Choice programs to have more in their purview. Jessica Tovar wanted to see more investments in cleaning up municipal fleets and public transportation.
Aleta Dupree spoke of the importance of this bill and advocated for an expansive definition of electrification that included public transportation and freight vehicles.
Director Kumagai jointed the meeting during public comment.
CAC Chair Eldred delivered CAC’s recommendation that CAC supports staff’s recommendation of a Board position in supprt of Assembly Bill 1814.
Director Kalb motioned that the BOD take a position of support on AB 1814. Director Munro seconded the motion, which passed 13/0. Excused: Director Hannon. Abstained: Director Jordan.
12. Power Content Guidelines, Zero Emission 2030 – information only.
Recommendation: Receive presentation showing a proposed schedule to reach zero emissions electricity in 2030. (No Action)
Richard Rollins stated the Power Content Guidelines report appears to ignore the goals of the jurisdictions that selected Bright Choice as a way to reduce their carbon emissions when it’s emissions intensity has increased but the report avoided showing year-by-year emissions intensity. Richard Rollins requested that Table 3 of the report be revised to include Bright Choice emissions factors.
Chris Gilbert in a written comment: “As one of the initial 100 EBCE residential customers I question whether it is credible at this point to propose a path to zero emissions in 2030 since EBCE’s emissions have been going up, not down. According to a recent analysis of 2020 power content labels for the various CCAs and IOUs in California, EBCE is the second highest carbon emitter in Northern California with about 600 pounds of CO2 per megawatt hour versus 164 for PG&E. Other CCAs range from Penninsula Clean Energy at 13 pounds CO2 per megawatt hour to Clean Power SF at 40, and Sonoma Clean Power at 80. According to the the staff report tonight, between 2018 and 2020 emissions went up by two-thirds. What is to convince me and other consumers that a path to zero emissions by 2030 can be realized if the emissions are East Bay Community Energy
Board of Directors Page | 4
BOD Draft Minutes 02162022
going in the other direction? What will assure us that we won’t do more backsliding? Finally, what is to convince a consumer concerned about climate change that they shouldn’t just change back to PG&E given PG&E’s incredibly lower emissions?” Tom Kelly stated that one of the driving forces in getting the CCA off the ground was a reduction in greenhouse gas emissions, but the emissions for Bright Choice alone are out of control. Tom Kelly ecommended any city in San Joaquin County interested in joining a CCA not join EBCE, because the moment they join their emissions will increase by two or three times over PG&E.
Jessica Tovar, on behalf of East Bay Clean Power Alliance, emphasized that the point of their advocacy for the Local Development Business Plan was so they could have a plan for integrating clean energy programs and sources of clean energy and storage locally. Jess Tovar spoke about the importance of the Local Development Business Plan and doing the infrastructure in Alameda County and Tracy so the energy mix can be cleaned up. The East Bay Clean Power Alliance recommend EBCE follow the proceedings on distributed energy resources through the CPUC.
Aleta Dupree stated this issue is important and complicated, but can be used as a motivation to push toward a greater level of renewables, ideally solar and wind, but also with a place for being connected to the grid and the region, because EBCE should not be an island.
CAC Chair Eldred Discussed:
• The presentation said EBCE had planned to have nuclear power and now that they don’t their projections are dirtier, but CAC was clearly informed that EBCE never intended to have nuclear in their mix and they were accepting the allocation as a patchthrough only with no intention to buy nuclear in the future.
• The need for a roadmap as to how to achieve these numbers and what is included in the carbon free energy.
• The strong need for local renewable development energy efficiency and energy conservation and other methods of demand reduction as opposed to disproportionate reliance on remote renewables.
• A risk assessment of relying on large hydro, especially as capacity will not expand for large hydro and is likely to decrease.
The Board Discussed:
• The need for materials to help customers make informed decisions, such as an emission factor chart for Bright Choice versus Renewable 100; a Renewable 100 summary with talking points; the emissions for the Bright Choice plan under the PSDR methodology; and simple data to communicate plan benefits such as cost savings, health benefits, and climate health.
• The factors in Bright Choice’s dirtier emissions, such as no nuclear, discounted rate, and a change in the mix.
• How PG&E’s use of nuclear energy contributes to its emissions lower than EBCE. • How EBCE’s desire for a discounted rate could be working in opposition with its desire for lower carbon intensity, and whether it is possible for EBCE to negotiate to purchase renewable energy for cheaper so it can offer rates below PG&E. • The Clean Energy Revenue Bond model for renewables procurement as probably the best tool to structurally bring down the cost of renewables for EBCE customers. • The need for a roadmap to getting to zero emissions by 2030, the possibility of more analysis on how to impliment the vision, and ways to reach that goal even sooner, such East Bay Community Energy
Board of Directors Page | 5
BOD Draft Minutes 02162022
as working with local government, business, and residential communities, and more cities defaulting to 100% renewable.
• The Integrated Resource Plan, which will be completed between now and summer. • The differences between the CCAs around the Bay Area in terms of their clean energy mix beyond the eligible renewables and how some of them are doing better by accepting the nuclear allocation, have prices at a premium to PG&E, and pay for large hydro out of reserves instead of current year revenues. • The Local Development Business Plan as a road to lowering cost, lower carbon intensity, and maximizing benefits to the community.
• The negative effect of the supply chain crisis on achieving better pricing and getting more enrollment to Renewable 100.
13.Update on possible Expansion to Stockton and San Joaquin County Recommendation: Review informational update on status of Stockton’s interest in joining EBCE’s Joint Powers Authority. Provide feedback on next steps, if any.
Vaughn asked if EBCE would be able to have service required for the whole area from Stockton through Tracy and over to the Alameda border? Vaughn stated it is a great idea because Stockton and Tracy have lots of land where there are chances to put up solar panels, and a lot of sun.
Tom Kelly stated if a City Council asked him if they should join EBCE right now, he’d say no, because switching to EBCE would increase their carbon emissions four-fold over PG&E.
Jessica Tovar, on behalf of the East Bay Clean Power Alliance, supported the inclusion of Stockton in EBCE’s Joint Powers Authority and spoke of the many benefits to joining EBCE, such as governance that includes community members and advocates, and EBCE’s investment in the communities over time. Jessica Tovar stated that being able to bring economic benefits to Stockton would be very important.
Richard Rollins asked for clarification on how enrolling Stockton would advance EBCE’s mission of reducing greenhouse gas emissions.
CAC Chair Eldred Discussed:
• Her research that shows in general people are happy with having joined CCAs. Their one concern is growth beyond a certain point results in dilution of community voices.
Also, people wished they had looked for closely at the reasons participating cities were joining to see if their values lined up. Chair Eldred favored enrolling the City of Stockton.
The Board Discussed:
• How to maintain the ability to speak to the smaller groups and the diversity within that community as EBCE grows?
• The idea that EBCE could serve as a model for other communities in the Central Valley for renewable energy generation, to show it can be done. • The Central Valley’s different culture, different economic disparities, and this opportunity to alleviate those challenges.
• How changing EBCE’s name to Bay Valley Community Energy would be more equitable and respectful, because East Bay would have a cultural impact.
East Bay Community Energy
Board of Directors Page | 6
BOD Draft Minutes 02162022
14. Board Member and Staff Announcements including requests to place items on future Board Agendas
None.
15.Adjournment to Wednesday, March 16, 2022.