Agenda packet — Butte Choice Energy Board of Directors, August 1, 2022

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Butte Choice Energy Authority
Board of Directors Special Meeting
Monday August 1, 2022, 5:30pm
326 Huss Lane, Chico, CA 95928

Board members may be present via teleconference or in person.

Members of the Public may view the meeting and comment as set forth below.

Butte Choice Energy (BCE) Board 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 [email protected].

If you have anything that you wish to be distributed to the Board please hand it to a BCE interim staff member who will distribute the information to the Board members and other staff.

Coronavirus (COVID -19) Advisory Notice: The health and safety of community members, public officials and employees is a top priority for BCEA. Members of the BCEA Board and BCEA staff will be participating in person, electronically, or via teleconference in this meeting in compliance with waivers to certain provisions of the Ralph M. Brown Act provided for under Government Code section 54953(e)(1)(A) in re lation to the COVID -19 state of emergency and recommended social distancing measures. Chambers are open to the public. Pursuant to CDPH guidelines, face masks are not required.

Anyone may choose to continue wearing a mask, regardless of vaccination status.

Remote Public Participation:

A) How to watch/participate in the meeting via WebEx:

Meeting Link:
https://countyofbutte.webex.com/countyofbutte/onstage/g.php?MTID=e0d6cae9bd1b231337 008f5e3e4f7129f
Event number: 2489 737 6763
Event password: wJPfMpJ*873

Attendees will be admitted into the meeting beginning at 5:15pm the day of the meeting.

B) How to provide public comment:

a) Before the mee ting: email your c omments to [email protected] no later than noon on Monday August 1, 2022 and they will be forwarded to the Board and included in the public record. Be sure to include the agenda item number you are addressing, as well as your full name and address.

b) During the meeting: email your comment to [email protected] and your comment will b e read verbatim into the record. Members of the public may also provide public input during the meeting by participating via the meeting link above.

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 [email protected] as soon as possible to ensure arrangements for accommodation.

Butte Choice Energy Authority
Board of Directors Meeting
August 1, 2022
2 1. Call to Order
a. Pledge of Allegiance

2. Corrections and/or Changes to the Agenda

3. Public Comment for Items Not on the Agenda
This item is reserved for persons wishing to provide comment to the Board on any BCE A-related matters that are not otherwise on this meeting agenda but in the jurisdiction of the Board of Directors. Public comments on matters listed on the agenda shall be at the time the matter is called. Public comments from members of the public that are read at this meeting will be limited to 300 words.

4. Consent Agenda

a. Resolution Authorizing Continued Teleconference Meetings Requested Action: Approve resolution authorizing remote teleconferencing meetings for the period of August 1, 2022 through August 31, 2022 pursuant to the Ralph M. Brown Act, and authorize Chair to sign.

b. Approval of Minutes from May 12, 2022 Special Board Meeting Requested Action: Approve the Minutes from the May 12, 2022 Special Board Meeting.

5. Regular Agenda

a. Feasability Analysis Update from EES/GDS Associates, Inc.

Requested Action: Direct staff to: 1) Proceed with proposed launch date of 2024 or delay launch date of 2024 and reassess lauch feasability in Spring 2023 afer Energy Resource Recovery Account/ERRA flings; 2) consider directing staff to research feasibility of joining existing CCA; 3) consider ontinuing or discontinuing BCEA operations; 4) research viability of implementing customer programs available thorugh the California Public Utilities Commission.

6. Board Member and Staff Announcements
Board Members may briefly provide information to other members of the Board and the public, ask questions of staff, request an item to be placed on a future agenda, or report on conferences, events or activities related to BCEA business. There is to be no action taken on comments made by Directors unless authorized by law.

7. Adjournment
Public records that relate to any item on the op en session agenda for Board meeting are available on the BCEA website at www.buttechoiceenergy.org. Public records that are distributed less than 72 hours prior to the meeting will be posted for public review at the same time they are distributed to all members, or a majority of the members of the Board.

BUTTE CHOICE ENERGY AUTHORITY

Staff Report – Item 4a

To: Butte Choice Energy Authority (BCEA) Board of Directors

From: Brian Ring, BCEA Interim Co-Executive Officer and Assistant Chief Administrative Officer, County of Butte

Erik Gustafson, BCEA Interim Co-Executive Officer and Public Works Director, City of Chico

Subject: Resolution Authorizing Continued Teleconference Meetings

Date: August 1, 2022
______________________________________________________________________________ Recommendation
Approve resolution authorizing remote teleconferencing meetings for the period of August 1, 2022 through August 31, 2022 pursuant to the Ralph M. Brown Act, and authorize Chair to sign.

Background
On September 16, 2021, Governor Newsom signed AB 361 to amend the Brown Act to allow legislative bodies to meet via teleconference during a proclaimed state of emergency in accordance with procedures established by AB 361 rather than under the Brown Act's more narrow standard rules. If the Board of Directors desires to continue to have the ability to meet remotely via teleconference without meeting the more narrow standard Brown Act rules, the Board is required to adopt a resolution making the findings required by AB 361.

The Board initially adopted a resolution permitting the ability to meet using the alternative rules of AB 361 based on the state of emergency declared by the Governor pursuant to California Government Code section 8625 and that state or local officials had imposed or recommended measures to promote social distancing.

As a condition of extending the use of the teleconferencing provisions for another 30 days pursuant to Government Code section 54953(e), the Board must reconsider the circumstances of the state of emergency and find that either the state of emergency continues to directly impact the ability of the members to meet safely in person or State or local officials continue to impose or recommend measures t o promote social distancing. The State Public Health Officer has and continues to issue guidance regarding COVI D-19 prevention measures and t he California Department of Industrial Relations has issued COVID-19 prevention regulations found at 8 C.C.R. §3205 et seq., which recommends social distancing as a measure to decrease the spread of COVID-19.
2 Based on the existing state of emergency and/or State officials’ recommendations to socially distance, the Board has the ability to continue to meet remotely should it so choose. The new law also requires the Board to reconsider the determination no later than 30 days after the first teleconference meeting held pursuant to AB 361 and every 30 days thereafter. Adoption of the proposed resolution, attached hereto, will enable the Board and Brown Act legislative bodies to meet via teleconference pursuant to AB 361 and to reconsider the determination for subsequent meetings. Subsidiary legislative bodies will also approve their own resolution to meet via teleconference and to reconsider the determination for subsequent meetings. The resolution does not require the Board to hold meetings via teleconference.

The Board previously adopted similar resolutions on October 11, 2021, Febuary 16, 2022 and May 12, 2022. This new resolution would re-authorize the ability to meet remotely via teleconference through August 31, 2022 or such time the Board adopts a subsequent resolution to continue this ability.

1 Resolution No.

RESOLUTION OF THE BUTTE CHOICE ENERGY AUTHORITY BOARD OF DIRECTORS AUTHORIZING REMOTE TELECONFERENCE MEETINGS FOR THE PERIOD OF AUGUST 1, 2022 THROUGH AUGUST 31, 2022 PURSUANT TO THE RALPH M. BROWN ACT

WHEREAS, all meetings of the Board of Directors (the “Board”) and its legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov’t Code section 54950 et seq.), so that any member of the public may attend, participate and view the legislative bodies conduct their business; and

WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Gove rnment Code section 54953(b)(3), subject to the existence of certain conditions and requirements; and

WHEREAS, Government Code section 54953(e) initial requirements to adopt an initial resolution include but are not limited to (1) the existence of a state of emergency declared by the Governor pursuant to Government Code section 8625 and (2) State or local officials have imposed or recommended measures to promote social distancing; and

WHEREAS, on March 4, 2020, Governor Gavin
Newsom issued a Proclamation of State of Emergency in response to the COVID-19 pandemic; and

WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29-20, which suspended and modified the teleconferencing requirements under the Brown Act (California Government Code Section 54950 et seq.) to allow local legislative bodies to hold public meetings via teleconference; and

WHEREAS, on June 11, 2021, the Governor issued Executive Order N-08-21, which extended the provisions of N- 29-20 concerning the conduct of public meetings through September 30, 2021, and the Governor subsequently signed legislation revising Brown Act requirements for teleconferenced public meetings (Assembly Bill 361, referred to hereinafter as “AB 361”); and

WHEREAS, the California Department of Industrial Relations has issued COVID -19 Prevention regulations in Title 8 of the California Code of Regulations (Section 3205 et seq.) which requires employers to (1) have a written COVID -19 prevention program including employee training that promotes physical distancing as an infection prevention measure and (2) consider implementing physical distancing where feasible as a response to COVID-19 outbreaks; and

WHEREAS, the Board previously adopted resolutions fin ding that the requisite conditions existed for the Board and its legislative bodies to conduct remote teleconference meetings without compliance with Government Code section 54953(b)(3), as authorized by Section 54953(e); and

WHEREAS, as a condition of extending the use of the teleconferencing provisions for another 30 days pursuant to Government Code section 54953(e), the Board must reconsider the circumstances of the state of emergency that exists and find that either the state of emergency continues to directly impact the ability of the members to meet safely in person or State or local officials continue to impose or recommend measures to promote social distancing; and

WHEREAS, the Board has reconsidered the circumstances of either the continuing state of emergency and/or that State or local officials continue to impose or recommend measures to promote social distancing, based on California Department of Industrial Relations regulations related to COVID -19 Prevention, specifically Title 8 of the California Code of Regulations, Section 3205 et seq., continuing to remain in effect; and

WHEREAS, in light of the foregoing, the Board desires to continue to have the flexibility to meet via tele/video conference and the Board finds that it and its legi slative bodies shall be permitted to conduct their meetings by teleconferencing without compliance with Government Code section 54953(b)(3) pursuant to section 54953(e), and such legislative bodies shall comply with the requirements to provide the public w ith access to the meetings as prescribed by section 54953(e)(2).

NOW, THEREFORE, BE IT RESOLVED , FOUND AND ORDERED by the Butte Choice Energy Authority Board of Directors as follows:

1. The facts set forth in the above recitals are true and correct and i ncorporated into this resolution by reference.

2. The Board has reconsidered the circumstances of the state of emergency proclaimed by Governor Newsom through a State of Emergency Proclamation on March 4, 2020.

3. The Board of Supervisors finds that the Governor’s state of emergency proclamation remains in effect, and/or State officials continue to impose or recommend measures to promote social distancing based on the Department of Industrial Relations’ issuance of COVID-19 Prevention regulations through Title 8 of the California Code of Regulations, section 3205 et seq. promoting social distancing in the workplace.

4. Under the present circumstances, the Board and any of its legislative bodies are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.

5. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) August 31, 2022 or (ii) such time the Board adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which its legislative bodies may continue to teleconference without compliance with Section 54953(b)(3).

PASSED AND ADOPTED by the Butte Choice Energy Authority Board of Directors this 1 ST day of August, 2022, by
the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

________________________________
Chair
Butte Choice Energy Authority Board of Directors
ATTEST:

Shaina Paulsen, Clerk

By: _____________________________

Page 1 ends

Butte Choice Energy Authority

MINUTES
May 12, 2022

1. CALL TO ORDER

The meeting was held virtually, and in-person.

Present: Debra Lucero, Butte County Board of Supervisor, District 2 (Virtual) Alex Brown, Chico City Council (Virtual)
Scott Thomson, Vice-Mayor of Oroville (Virtual)
Brian Ring, Interim Executive Director
Erik Gustafson, Interim Executive Director
Ryan Baron, General Counsel (Virtual)
Shaina Paulsen, Interim Clerk of the Board

Absent: Doug Teeter, Butte County Board of Supervisor, District 5 Chuck Reynolds, Oroville Mayor

2. PUBLIC COMMENT

PUBLIC COMMENT WAS OPENED AND CLOSED WITHOUT ANY SPEAKERS.

3. CONSENT AGENDA

MOTION:

VOTE:

AYES:

NAYS:

ABSENT:

APPROVE THE CONSENT AGENDA.
(MOTION: BROWN; SECOND: THOMPSON)
MOTION PASSED 3-0-2

BROWN, THOMPSON, AND CHAIR LUCERO
NONE

TEETER, AND REYNOLDS

a. Resolution Authorizing Continued Teleconference Meetings Board Action: Approved resolution authorizing remote teleconferencing meetings for the period of May 12, 2022 through June 12, 2022 pursuant to the Ralph M. Brown Act.

b. Minutes from February 16, 2021 Board Meeting
Board action: Minutes approved.

Page 2 ends

BUTTE CHOICE ENERGY AUTHORITY MINUTES – May 12, 2022

4. REGULAR AGENDA

A) Swearing in of Board Member Dale Bennett, City of Chico Representative Motion: Dale Bennett, City of Chico Representative sworn in by Shaina Paulsen, Clerk of the Board

B) 2022 Work Plan
Brian Ring, Interim Executive Director, presented this item along with EES Consulting.

Motion: Accepted for information

C) Calendar Year 2022 Regular Board of Directors Meeting Discussion Brian Ring, Interim Executive Director, presented this item.

Motion: No changes made to regular meeting calendar.

5. BOARD MEMBER AND STAFF ANNOUNCEMENTS
No Staff Announcements

6. ADJOURNMENT

ATTEST:

Shaina Paulsen
Secretary and Clerk of the Board
There being no further business before the Butte Choice Energy Authority, the meeting adjourned. The Butte
Choice Energy Authority will reconvene at the next
regular meeting, scheduled for July 18, 2022.

Debra Lucero, Chair
Butte Choice Energy Authority

BUTTE CHOICE ENERGY AUTHORITY

Staff Report – Item 5a

To: Butte Choice Energy Authority (BCEA) Board of Directors

From: Gary Saleba, Executive Consultant, EES Consulting (a GDS Associates Company)

Subject: BCEA Feasibility Analysis Update

Date: August 1, 2022
______________________________________________________________________________ Recommendation
Receive feasibility analysis update from Consultant, and provide any direction that is necessary.

Background
EES Consulting was retained on May 10, 2022 to perform a number of key tasks related to the potential launch of Butte Choice Energy. Those tasks included the following:
• Energy load analysis and forecast;
• Rate analysis;
• Energy procurement options;
• Sensitivey analysis;
• Prorforma; and
• Risk analysis.

Preliminary work has been done and Gary Saleba, Executive Consultant, will be presenting the initial findings.

Action Requested

1. Proceed with proposed launch date of 2024 or delay launch date of 2024 and reassess launch feasability in Spring 2023 afer Energy Resource Recovery Account/ERRA flings;

2. Consider directing staff to research feasibility of joining existing CCA; or

3. Consider continuing or discontinuing BCEA perations;

4. Reasearch viability of implementing customer programs available thorugh the California Public Utility Commission.

PRESENTED BY EES CONSULTING

BUTTE CHOICE ENERGY

AUTHORITY

FEASIBILITY STATUS UPDATE
Presented by
Gary Saleba, Executive Consultant
Amber Gschwend, Managing Director
EES Consulting
August 1, 2022