Executive Committee
June 21, 2023
11:30AM
Central Coast Community Energy
70 Garden Court, Suite 300
Monterey, CA 93940
REMOTE LOCATION VIA TELECONFERENCE
Any interested parties or community members may attend, and participate in, the meeting at the following addresses where Board members may also join the meeting from:
Capitola
City Hall
420 Capitola Ave
Capitola, CA 95010
San Luis Obispo
City Call
990 Palm Street
San Luis Obispo, CA 93401
County of Santa Barbara
County Administration Building
105 E Anapamu Street
Fourth Floor Conference Room
Santa Barbara, CA 93101
Public may participate through ZOOM. For ZOOM participation please join by computer audio at:
https://us02web.zoom.us/j/88454432469
Or join by phone:
+1 669 900 6833 or +1 669 219 2599
Enter this Webinar ID Number: 884 5443 2469 when prompted. Please note there is no Participant Code, you will press # again after the recording prompts you.
You will be placed in the meeting as an attendee. To make a public comment:
If joined by computer, please press the button to raise your hand If joined by phone, please push *9 on your keypad
If you have anything that you wish to be distributed to the Board, please provide 15 copies to a member of 3CE staff or the Board Clerk, who will distribute the information to the Board members and staff.
The public may comment on the consent agenda and matters not listed on the agenda but within the Board's jurisdiction at the opening of the meeting. The Board may not take action at this meeting on any item not listed on the Agenda other than to refer the matter to staff or set it for a future meeting.
The public may comment on a specific item listed on this agenda when the Board considers that item.
Speakers are limited to 3 minutes each.
In addition, members of the public may request and receive copies without undue delay of any documents that are distributed to the Board, unless there is a specific exemption under the Public Records Act that prevents the disclosure of the record. (Cal. Gov’t Code Section 54957.5) In compliance with Government Code Section 54957.5, non-exempt writings that are distributed to a majority or all of the Board in advance of a meeting and that relate to an agenda item will be made available at 3CE’s offices located at 70 Garden Court, Suite 300, Monterey, CA 93940 during normal business hours and are also available on the 3CE website located at:
https://3cenergy.hylandcloud.com/203agendaonline
AGENDA
Welcome & Roll Call
Corrections or Additions
The Clerk will announce agenda corrections or proposed additions of emergency, urgency, or continued items, which will be acted on by the Committee as provided in Sections 54954.2 of the California Government Code.
Public Comment on the Consent Calendar and Matters Not Listed on the Agenda The public may provide comments on the Consent Agenda or any item within the Committee's jurisdiction but not on the agenda. The Committee may not take action at this meeting on any item not listed on the agenda other than to refer the matter to staff or set it for a future meeting. Speakers are limited to 3 minutes each.
CONSENT CALENDAR
1. Approve Minutes from the June 1, 2023 Meeting of the Executive Committee
REGULAR AGENDA
2. Consider and Support the Policy Board's Consideration of the 3CE Project Selection Criteria
CLOSED SESSION
3. Closed session under Government Code 54950 relating to the following items:
Pursuant to Government Code section 54956.9(d)(4), the Board will confer with legal counsel regarding two items of potential initiation of litigation. a.
Pursuant to Government Code section 54957(b), the Board will confer regarding evaluation of performance for the Chief Executive Officer.
b.
Adjournment
Executive Committee
June 1, 2023
2:30 P.M.
Central Coast Community Energy
70 Garden Court, Suite 300
Monterey, CA 93940
The meeting was called to order at 2:31 PM with 5 members attending from 6 locations and a quorum established.
Members Present: 3CE Headquarters: Adams, Chair McShane Santa Cruz: McPherson (arrived at 2:39pm)
Capitola: Goldstein
San Luis Obispo: Vice Chair Johnson
County of Santa Barbara Administration Building: Miyasato (arrived at 2:33pm) County of Santa Barbara 1
st District Office: Williams
Members Absent: None
CONSENT AGENDA
The Chair opened public comment on consent agenda.
There were no public comments.
Chair closed the public comment period in the consent agenda.
Santa Cruz
97 Pasatiempo Dr
Santa Cruz, CA 95060
Capitola
City Hall
420 Capitola Ave
Capitola, CA 95010
Salinas Valley
Chamber of Commerce
119 E Alisal Street
Salinas, CA 93901
San Luis Obispo
City Hall
990 Palm Street
San Luis Obispo, CA 93401
County of Santa Barbara
County Administration Building
105 E Anapamu Street
Fourth Floor Conference Room
Santa Barbara, CA 93101
County of Santa Barbara
County 1st District Office
5201 8th St
Carpinteria, CA 93013
MOTION: Moved by Vice Chair Johnson, Seconded by Member Goldstein to approve the consent agenda.
SUBSTITUTE MOTION: Moved by Member Goldstein, Seconded by Vice Chair Johnson to approve the consent agenda with the date change to the regular meeting schedule of the Executive Committee to reflect September 14, 2023.
ACTION: Substitute Motion carried: 7/0/0
AYES: Adams, Goldstein, McPherson, Miyasato, Williams, Vice Chair Johnson, Chair McShane NOES: None
ABSENT: None
1. Approved Minutes from the March 15, 2023 Meeting of the Executive Committee as submitted.
2. Adopted the regular meeting schedule of the Executive Committee with the date change as mentioned in the substitute motion.
CLOSED SESSION
Chair opened public comment on closed session items.
There were no public comments.
Chair closed the public comment period on closed session items.
General Counsel announced that no reportable action will be taken.
Recessed to closed session at 2:41 P.M.
Closed session under Government Code 54950 relating to the following items:
a. Pursuant to Government Code section 54956.9(d)(1), the Board will confer with legal counsel regarding one item of existing litigation: AES Adjourned at 3:06 PM
Staff Report Item 2
TO: 3CE Executive Committee
FROM: Robert M. Shaw, Chief Executive Officer
SUBJECT: Consider and Support the Policy Board’s Consideration of the 3CE Project Selection Criteria DATE: June 21, 2023
RECOMMENDATION:
This recommends that the Executive Committee consider and support the Policy Board of Director’s consideration of the 3CE Project Selection Criteria.
BACKGROUND:
3CE’s primary function is the provision of clean and renewable energy to customers at stable and competitive rates, primarily through the construction of new generation and storage facilities. To date, 3CE has committed over $2 billion toward nearly 900MW of new generation projects and 400 MW of new storage facilities.
A 2022 California Air Resources Board Scoping Plan projected the need for 120,000 MW of new renewable resources by 2030 to meet the State’s greenhouse gas reduction targets. Over several years, stakeholders, community members, and Board members sought solutions and direction regarding how to leverage this massive need for additional resource buildout with 3CE’s other strategic goals of stimulating and sustaining the local economy, in part, through the creation of local lobs.
The signing of the Inflation Reduction Act into law in August 2022 dramatically changed the landscape for renewable energy investment by restructuring the investment tax credit and production tax credits to a scaled that incentives developers to commit to apprenticeship programs, prevailing wage, and pairing projects sited in low-income communities with a local skilled workforce.
At the State level, Governor Newsom’s climate package, consolidated into AB 205 (2022) is projected to create an additional 4 million new jobs over the next two decades to support the transition to clean and renewable energy resources.
In exploring potential workforce development and investment opportunities, staff reviewed community feedback from previous public meetings, public input provided to other CCAs, as well as CCA industry policy frameworks. Staff has also engaged directly with stakeholders like IBEW (including representation for IBEW Local 234, 639, and 413), the Monterey/Santa Cruz Building and Construction Trades Council, Associated Builders and Contractors of Northern California, local contractors, renewable energy developers, financiers, and the CCA Workforce & Environmental Justice Alliance (a consortium of labor, environmental, and environmental justice organizations).
While the community and stakeholder feedback often diverged, there were several common takeaways that formed the basis of staff’s proposed 3CE Project Selection Criteria. First, that any policy should enhance 3CE’s core mission of building new renewable resources. Next, that policy and market commitments to future projects demonstrates sustained demand for a skilled workforce and directly ties to the number of training and apprenticeship positions. Finally, that local workers, historically marginalized workers, and disadvantaged communities should be prioritized.
DISCUSSION/ANALYSIS:
The adoption of a 3CE’s Project Selection Methodology reemphasizes 3CE’s existing commitment a strong local workforce, establishes a clear market signal in support of a skilled and trained workforce, encourages developers to directly engage with communities in which they propose to do business, and still retains’ 3CE’s ability to contract for and develop cost competitive renewable energy projects that benefit our local community.
3CE’s Existing Commitment to Local Economy and Workforce 3CE’s commitment to our local workforce and sustaining our local economy is demonstrated through our existing power purchase agreements and energy storage agreements (PPAs and ESAs); our local-only request for offers; our Front of the Meter Energy Storage effort, our Local Purchasing Preference Policy, and our Energy Programs.
3CE has executed a total of 19 PPAs and ESAs, totaling over $2Billion in commitments for energy. Most of these agreements include a contractual requirement that developers pay prevailing wages as required by law or commit to a project labor agreement with local trades. To date, each of 3CE’s PPAs have project labor agreements in place, except where projects are delayed or the developer operated as their own general contractor, and in those cases subcontractor work was performed by union labor. To date, six of these projects are online and have generated over 3,000 construction jobs and over one hundred on-going operation and maintenance jobs.
3CE intends, on a roughly annual basis, to issue a local-only RFO seeking renewable energy generation and storage projects within our service area. To encourage local development, these local-only projects differ
slightly from the typical 3CE agreement structure by requiring developers to make a good faith effort toward local hiring. The local-only RFO has resulted in four ESAs (included in the 19 ESA total), including three by a local Salinas developer.
3CE’s innovative Front of the Meter Storage effort seeks to provide small (up to 5MW) distributed storage projects located at member agency critical operations. Some of these projects will be owned by 3CE and subject to public contracting requirements including prevailing wage, apprenticeship requirements, and reporting. The first round of distributed storage projects is being developed with the help of a local grid interconnection consultant.
In the non-energy procurement area, 3CE’s purchases are subject to our Local Purchasing Preference Policy.
The Policy provides that regardless of the service, small, local, and disadvantaged businesses receive a 5% price consideration or scoring credit that reflects the added value of local investment.
Finally, 3CE’s Energy Programs provide residents, businesses, and member agencies with incentives for installing electric car charging stations, electrifying existing businesses, developing all-electric affordable housing projects, and passing reach codes. Each of these efforts encourage local investment in electrification that reinvest in our local community, including to qualified local contractors. 3CE’s Proposed Project Selection Methodology
The proposed Project Selection Methodology creates a structure through which 3CE will holistically evaluate, prioritize, and select projects that meet 3CE’s core goal of providing clean renewable energy at competitive rates while also maximizing the positive impacts of new generation and storage resources.
The proposed project selection criteria will evaluate projects: 1) ability to cost effectively meet 3CE’s regulatory obligations and 100% clean and renewable energy goal; 2) commitment to workforce development; 3) potential for innovation; 4) location; 5) environmental impacts, and 6) benefits accruing to underserved communities.
Contributions to 3CE’s Mission of 100% Clean and Renewable Under the proposed criteria, 3CE’s commitment to ensuring economically advantageous contracting on behalf of customers does not change. 3CE will review and aggressively analyze both the proposed project and the developer.
With respect to the project, 3CE will utilize quantitative analytics and market projections to evaluate project economics, market operations, revenues, as well as ancillary benefits.
3CE will evaluate the wherewithal of the developer team (including equity partners and financers) as well as the likelihood of project delivery.
Workforce Development
The proposed project criteria sets a clear commitment to local workforce through commitments to skilled and trained workforce as well local and targeted hiring goals.
Those goals set 30% of all project labor hours to be hired by local hires (locals near the project, then the home county, and 3CE’s service area) and 10% (inclusive to the 30% goal) of all labor hours performed by targeted hires from historically marginalized populations.
For PPA and ESA agreements where 3CE does not develop, own, construct, or operate projects, 3CE cannot mandate or require private developers to enter project labor agreements or commit to a skilled and trained workforce. For these projects, 3CE will evaluate the developer’s submission and prioritize projects on the following scale:
High Commits to a project labor agreement that incorporates Local and Targeted Hire Medium Commits to a Skilled and Trained Workforce with electrical work performed by Journeypersons and Apprentices
Commits to Prevailing Wage and Benefits
Commits to Local and Targeted Hires
Low Lacks commitments identified above but demonstrates other commitments to local workforce development
For generation and energy storage projects that 3CE constructs, the proposed Project Selection Methodology considers the size projects. First, for projects requiring a Large Generator Interconnection Agreement with CAISO (currently 20MW and above), 3CE will require the contractor to negotiate a project labor agreement that incorporates local and targeted hiring.
Next, for projects requiring a Small Generator Interconnection Agreement with CAISO (currently up to 20 MW) 3CE will require utilization of a Skilled and Trained Workforce with all electrical work performed by Journeypersons and Apprentices. These smaller projects are more likely to be constructed by smaller contractors and to be located within our local service area. To provide a financial incentive to local and targeted hiring, 3CE will negotiate a bonus structure for contractors that can reach 60% local hires and 30% (included within the 60% target) targeted hires. This negotiated contract incentive eclipses the common “Good Faith Effort” by encouraging contractors to invest in local communities to develop a local trained workforce.
Innovation
The Board has long supported cost competitive innovative and creative solutions that accelerate decarbonization, provide 3CE a competitive advantage, and/or reduce costs for 3CE customers. The proposed project selection criteria recognizes innovation in feasible projects that: 1) include new or improved technologies; 2) achieve scale for existing technologies, and 3) reduce or eliminate barriers to adoption of scaled technologies.
Location
Consistent with current practice, the proposed Project Selection Methodology prioritizes projects with CAISO deliverability and located as follows: 1) within the 3CE service area; 2) within California; 3) grid tied or pseudo tied to CAISO, and 4) dynamically scheduled into CAISO.
Environmental Stewardship
Local control is a key tenant to the CCA industry and 3CE. Therefore, in recognition of the essential role of local permitting authorities, such as City Councils’ and Boards of Supervisors, in evaluating the potential benefits and impacts of projects within their local jurisdiction, the proposed Project Selection Methodology does not seek to condition or interfere with local siting authority.
In furtherance of 3CE’s commitment to energy projects that provide environmental benefit while avoiding impacts to important lands, species, and waters, 3CE will prioritize projects as follows:
High Avoid sensitive habitat for endangered plant or animal species or other environmentally sensitive area
Medium Developer and local land use authority establish an enforceable development agreement which, in part, establish mitigation measure to reduce impacts on sensitive habitat, species, or environmentally sensitive areas Low Developer commits to measurable offset efforts within the vicinity of the proposed project
Benefits Accruing to Underserved Communities
3CE remains committed to helping communities engage with the public process and access resources, education, and information about energy service and policy. The Policy Board adopted the Underserved Communities Outreach Plan in 2021 that addressed how 3CE would engage around policy and outreach. The proposed Project Selection Methodology would extend that same commitment to 3CE energy and storage project development. The proposed criteria would prioritize projects as follows:
High Developer has established contacts with local community organizations representing a broad diversity of demographics and interests with which the developer will collaborate to ensure project benefits are communicated and accessible to the local community
Medium Developer has not yet established contacts, but is committed to meaningful engagement with local communities throughout the entitlement and construction process to ensure project benefits are communicated and accessible to the local community
Low Developer fails to demonstrate contacts or commitment to meaningful engagement with the local community by can demonstrate a comprehensive outreach plan
Reporting
As part of its request for approval of any agreement for a renewable energy or storage facility, 3CE will report the quantitative and qualitative assessment of the recommended projects to the Operations Board. Further, impacts, including solicitation participation, the number of construction and on-going jobs created, percentages of local and targeted hires, as well as developer engagement efforts will be incorporated into 3CE’s Annual Report.
Effective Date
If approved, the Project Selection Criteria will be incorporated into 3CE’s next solicitation for a renewable energy or storage facility. 3CE has several projects currently shortlisted from its spring 2023 RFO to which the Project Selection Criteria would not be strictly applied.
FISCAL IMPACT:
The Inflation Reduction Act’s change to the investment tax credit (to incent the use of a skilled workforce, apprenticeships, and prevailing wage) and the public agency direct pay mechanism make the financial impact of the proposed Project Selection Criteria uncertain.
Typical cost concerns, such as less competitive solicitations and more expensive workforce, have not materialized on other 3CE projects where labor agreements are overwhelmingly the norm.
CONCLUSION:
Project Selection Criteria, should it be approved by the Policy Board of Directors, will formalize an evaluation process for renewable energy and storage project solicitations that furthers 3CE’s core mission of delivering competitively priced clean and renewable energy to customers while committing to a skilled workforce, local and targeted hiring, and meaningful community engagement.
PROJECT SELECTION METHODOLOGY
I. DEFINITIONS
A. Regulatory Value: The project’s anticipated ability to satisfy 3CE’s regulatory compliance requirements such as Resource Adequacy, Renewable Portfolio Standard, integrated resource planning, and other binding orders or directives received from regulatory bodies.
B. Market Value: The project’s projected revenues across all relevant day-ahead real-time and ancillary markets. Market Value shall also assess a project’s ability to manage, shift, or arbitrage existing 3CE generation to maximize revenue and renewable energy generation on behalf of 3CE and its customers.
C. Counterparty Risk: The risk that a counterparty will fail to perform, or adequately remedy, its obligations. Counterparty Risk is inclusive of Development Risk.
D. Development Risk: The risk that the project is unable to obtain interconnection, deliverability, site control, entitlements, financing, or other necessary development milestones required to deliver the project on or ahead of the anticipated online date.
E. Energy Offtake Agreement: Includes Power Purchase Agreements, Energy Storage Agreements, or Resource Adequacy Only Agreements where 3CE does not own, develop, or construct the generation or storage facility. Instead, 3CE’s participation in the Project is limited to receiving energy and any applicable attributes at a set price and term.
F. Journeyperson: Is a worker who either:
1. Graduated from a California state-approved apprenticeship program for the applicable occupation or, when located outside California, approved for federal purposes pursuant to apprenticeship regulations adopted by the Secretary of Labor, or
2. Has at least as many hours of on-the-job experience in an applicable occupation as would be required to graduate from an apprenticeship program for the applicable occupation that is approved by the California Division of Apprenticeship Standards.
G. Local Hire: Is a worker who satisfies one of the following categories in descending priority:
1. Is a resident within the nearest city, town, or census-designated location within a determined proximity of the project, by radius as reasonably determined on a project-by-project basis;
a) Additional preference shall be given, where the radius includes a city, town, or census-designated location within Monterey, San Benito, San Luis Obispo, Santa Barbara, and Santa Cruz counties (“3CE Service Territory Counties”), to the workers within those portions of the Service Territory Counties;
2. Is a resident within the County where the project is being constructed;
3. Is a resident of the 3CE Service Territory Counties; H. Skilled and Trained Workforce: means a workforce in which:
1. All workers performing work in apprentice-able occupations in the building and construction trades are either skilled journeypersons or apprentices registered in an apprentice program approved by the chief of the Division of Apprenticeship Standards, as defined in Chapter 2.9 of Part 1 of Division 2 of the California Public Contracts Code.
I. Targeted Hire: means an individual who qualifies at least one of the following under-represented or under-employed populations:
1. experiencing homeless;
2. being a custodial single parent;
3. currently receiving public assistance;
4. lacking a GED or high school diploma;
5. has been continuously unemployed for 6 months;
6. has been emancipated from the foster care system;
7. is a veteran of the United States military;
8. residing in an area that falls in the top 20th percentile of the CalEnviroscreen 4.0 score;
9. is a member of a tribal community.
J. Low-Income Communities: means a zip code that includes a census tract or portion thereof in which the median annual household income is less than 50% of the California Median Family Income for the County in which the individual resides as reported by the Department of Housing and Urban Development (HUD).
II. PROJECT SELECTION METHODOLOGY
Projects will be evaluated based on 3CE’s evaluation of several criteria as set forth below.
A. Contributions to 3CE’s mission of 100% Clean and Renewable
1. Assessment and evaluation of proposed projects’ operational performance and market economics to ensure selected projects maximize regulatory and market value to 3CE and its customers.
2. Assessment and evaluation of Counterparty and Development Risk.
B. Workforce and Local Workforce Development
3CE is committed to stimulating our local economy through, among other measures, supporting Projects committing to applying prevailing wage rates as required by law, and supporting a local Skilled and Trained Workforce.
1. 3CE will prioritize Energy Offtake Agreements where the developer is committed to:
a) Highest priority projects will commit to:
(1) a multi-trade project labor agreement that incorporates 3CE’s Local and Targeted Hire objectives as follows:
(a) A goal of 30% of all project labor hours performed by Local Hires, and;
(b) A goal of 10% of all project labor hours performed by Targeted Hires.
b) Medium-priority projects will commit to:
(1) Utilization of a Skilled and Trained Workforce and commitment that all electrical work will be performed by appropriate Journeypersons and apprentices from a state-approved
apprenticeship training program; and
(2) Utilization of prevailing hourly wage and benefit rates as determined by the California Department of Industrial Relations; (3) Demonstrated commitment to Local and Targeted Hires c) Low-priority projects would fail to meet II.B.1.a or II.B.1.b above but may demonstrate other commitments to local workforce development.
2. When considering contractors or developers for 3CE-owned generation or storage projects requiring a Large Generator Interconnection Agreement from the California Independent System Operator (currently 20MW and above, but subject to change from time to time), 3CE will commit to:
a) Negotiating a multi-trade project labor agreement incorporating 3CE’s local and targeted hire objectives as follows:
(1) A goal of 30% of all project labor hours performed by Local Hires, and;
(2) A goal of 10% of all project labor hours performed by Targeted Hires.
3. When considering contractors or developers for 3CE-owned generation or storage projects requiring a Small Generator Interconnection Agreement from the California Independent System Operator (currently applies to projects under 20MW, but subject to change from time to time), 3CE will commit to:
a) Utilization of a Skilled and Trained Workforce and commitment that the majority of all electrical work will be performed by appropriate Journeypersons and Apprentices from a state-approved apprenticeship training program.
b) A goal of 30% of all project labor hours performed by Local Hires while incenting, through a negotiated contract structure, the contractor or developer to achieve a minimum of 60% of all project labor hours performed by Local Hires, and;
c) A goal of 10% of all labor hours performed by Targeted Hires while incenting, through a negotiated contract structure, the contractor or developer to achieve a minimum of 30% of all project labor hours performed by Targeted Hires.
C. Innovation
3CE recognizes that reaching 100% Clean and Renewable will require significant improvements and innovation in battery technologies, renewable baseload, dispatchable renewable resources, and renewable generation technologies, among other opportunities.
1. 3CE will prioritize projects that accelerate decarbonization, provide 3CE a competitive advantage, and/or reduce costs for 3CE customers while remaining cost competitive with established market alternatives. Innovation will be recognized among projects that:
a) Include new or improved technologies or methodologies with a demonstrated potential feasibility;
b) Achieve scale for existing technologies to benefit 3CE customers; or c) Reduce or eliminate barriers to the adoption of scaled technologies.
D. Location
3CE prioritizes projects with California Independent System Operator-certified deliverability in accordance with the following:
1. Projects located within Monterey, San Benito, San Luis Obispo, Santa Barbara, and Santa Cruz counties.
2. Projects located within California.
3. Projects Grid-tied or Psuedo-tied to the California Independent System Operator wholesale power market.
4. Projects dynamically scheduled into the California Independent System Operator wholesale power market.
E. Environmental Stewardship
3CE is committed to leading by providing customers with energy that delivers benefits for air, water, and the natural environment while avoiding impacts to important lands, species, and waters.
1. Without diminishing or interfering with permitting, planning land use, or development requirements of any authority having jurisdiction, including local governmental agencies, 3CE prioritizes projects that:
a) Avoid sensitive habitats for any endangered plant or animal species or other environmentally sensitive areas;
b) The developer and local land use authority have established an enforceable development agreement which, in part, sets forth measures to mitigate impacts to sensitive habitats or environmentally sensitive areas;
c) The developer commits to measurable offset efforts within the vicinity of the proposed project.
F. Benefits Accruing to Underserved and Low-Income Communities 3CE is committed to helping communities overcome barriers to their access to public investments, resources, education, and information about energy service and policy. 3CE will prioritize projects that:
1. Demonstrate having established contacts with local community organizations and stakeholder groups representing a broad diversity of demographics and interests with which it intends to collaborate with to identify and address benefits and impacts of projects and ensure project benefits are communicated and accessible to the local community.
2. Commit to meaningful engagement with local communities throughout the entitlement and construction processes to identify and address the impacts of projects and ensure project benefits are communicated and accessible to the local community.
III. REPORTING
A. 3CE will assess project proposals in accordance with this Project Selection Methodology and report the results of such assessment at the time of the project approval.
B. 3CE’s annual report will compile and report information regarding the impact of the Project Selection Methodology.
IV. RESERVATION OF AUTHORITY TO WAIVE PROJECT SELECTION METHODOLOGY A. The Policy Board may, by majority vote, waive this Project Selection Methodology, or any portion thereof, to:
1. Address an emergency situation that jeopardizes the safety or feasibility of a project, or;
2. Comply with a California State or Federal executive or regulatory order.