AGENDA
ORANGE COUNTY POWER AUTHORITY
REGULAR MEETING OF THE BOARD OF DIRECTORS
Monday, May 12, 2025
4:30 p.m.
This meeting will proceed as an in-person meeting at 15310 Barranca Parkway, Suite 250, Irvine, CA 92618. In addition, as a convenience to the public, the Orange County Power Authority is also providing an option for members of the public to remotely view and participate in the meeting. Further details are below. Please note that, in the event of a technical issue causing a disruption in the remote participation option, the meeting may continue unless otherwise required by law.
Public Comments: Any member of the public may provide comments to the Orange County Power Authority Board of Directors on any agenda items by requesting to speak during Item 4, or on any matter not appearing on the agenda but within the jurisdiction of the Board by requesting to speak during Item
5. When providing comments to the Board, it is requested that you provide your name and city of residence for the record. Commenters are requested to address their comments to the Board as a whole through the Chair. Comments may be provided in the following manner:
To provide comments during the meeting, in-person attendees, please fill out the public speaker slip and provide it to the clerk at the beginning of the meeting. Before Items 4 and 5, the Chair or Clerk will ask members of the public to join the queue to provide public comment. The queue will remain open for a reasonable amount of time to allow members of the public sufficient time to request to speak and inform the Board of the number of speakers. After such time, the queue will be closed and the members of the public who have joined the queue to speak will be recognized at the appropriate time may speak. To join the queue on Zoom video conference by computer or mobile phone, use the “Raise Hand” feature. If joining the meeting using the Zoom dial-in number, you can raise your hand and join the queue by pressing *9. Members of the public will not be shown on video but will be able to speak when called upon.
Comments shall generally be limited to three minutes when speaking, provided that the Chair may equally reduce each speaker’s time to accommodate a large number of speakers or a large number of agenda items.
Written Communications: If you have a written communication that you wish to be distributed to the Board, please provide it via e-mail to [email protected]. Written communications are public records and, if received by 5:00 p.m. on the day prior to the meeting, will be distributed to the Board prior to the meeting by either e-mail or hard-copy, posted on the Authority’s website and noted, but not read, at the meeting. Communications received after the 5:00 p.m. deadline will be retained in the Authority’s records.
The public may participate using the following remote options:
ZOOM WEBINAR
Please click the link below to join the webinar:
Launch Meeting - Zoom
Dial-in: 1-669-900-6833
Webinar ID: 840 1596 7503
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. PUBLIC COMMENTS ON AGENDA ITEMS
Opportunity for members of the public to address the Board on any items on the agenda.
5. PUBLIC COMMENTS ON NON-AGENDA ITEMS
Opportunity for members of the public to address the Board on any items not on the agenda but within the jurisdiction of the Board.
6. DIRECTOR ANNOUNCEMENTS & REPORTS ON CONFERENCES/EVENTS
ATTENDED
Board Members may briefly provide information to other members of the Board and the public, ask questions of staff, or report on conferences, events, or activities related to Authority business. There is to be no discussion or action taken on comments made by Board Members unless authorized by law.
7. CONSENT CALENDAR
All items listed under the Consent Calendar are considered to be routine and may be enacted by one motion. Prior to the motion to consider any action by the Board of Directors , any public comments on any of the Consent Items will be heard. There will be no separate action unless members of the Board of Directors request specific items be removed from the Consent Calendar.
1. MINUTES FOR THE REGULAR BOARD MEETING OF APRIL 14, 2025 Recommended Action:
Approve as submitted.
2. COMMUNITY ADVISORY COMMITTEE (CAC) REPORT
Recommended Action:
Receive and file.
3. LEGISLATIVE AND REGULATORY UPDATE
Recommended Action:
Receive and file.
4. RISK OVERSIGHT COMMITTEE UPDATE
Recommended Action:
Receive and file.
5. TREASURER’S REPORT – FISCAL YEAR ENDED MARCH 31, 2025 AND Q1 2025 CHECK REGISTER
Recommended Action:
Receive and file.
6. APPROVAL OF AMENDMENT TO AGREEMENT WITH AMPERON FOR
LOAD FORECAST RISK ANALYSIS SERVICES
Recommended Action:
Authorize the CEO to execute an amendment to the agreement with Amperon for the provision of short-term and long-term load forecast risk analysis services, effective May 12, 2025, through May 11, 2026. The amendment builds on the initial contract with a not-to-exceed (NTE) amount of $60,000 and includes an option to extend the agreement for one additional year, subject to satisfactory performance and mutual agreement, for a total contract amount not to exceed $187,100.
7. APPROVE SECOND AMENDMENT WITH REVEILLE, INC
Recommended Action:
Authorize the CEO to execute an amendment to the agreement with Reveille, Inc. for communications, marketing, strategy, public engagement, digital, and graphic design services, effective from July 1, 2025, to July 30, 2026, and increasing the not-to-exceed amount by $1,000,000, bringing the total not-to-exceed amount to $3,999,686.
8. 2025 CONFLICT OF INTEREST CODE AMENDMENT
Recommended Action:
It is recommended that the Board of Directors adopt Resolution No. 2025-XX approving the amended Conflict of Interest Code pursuant to the Political Reform Act of 1974, establishing broader applicability for the Analyst position for future similar positions.
The amended code shall be submitted to the Orange County Board of Supervisors for approval.
8. REGULAR CALENDAR
The following items call for discussion or action by the Board of Directors. The Board may discuss and/or take action on any item listed below if the Board is so inclined.
1. FISCAL YEAR 2025/2026 BUDGET FRAMEWORK
Recommended Action:
Receive and file.
2. SUSTAINABLE WORKFORCE GUIDELINES DISCUSSION
Recommended Action:
Review and provide staff direction.
3. 2025-26 STRATEGIC PLAN DRAFT REVIEW AND PRESENTATION Recommended Action:
1. Receive presentation and discuss the draft 2025-26 Strategic Plan.
2. Provide staff with further input.
3. Approve the 2025-26 Strategic Plan, as amended.
9. STAFF REPORT
Staff may briefly provide information to the Board and the public. The Board may engage in discussion if the specific subject matter of the report is identified, but the Board may not take any action. There is to be no other discussion or action taken unless authorized by law.
10. ADJOURNMENT
Compliance with the Americans with Disabilities Act
Board of Directors meetings comply with the protections and prohibitions of the Americans with Disabilities Act. Individuals with a disability who require a modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may contact 949- 263-2612. Requests for disability-related modifications or accommodations require different lead times and should be provided at least 72-hours in advance of the public meeting.
Availability of Board Documents
Copies of the agenda and agenda packet are available at www.ocpower.org. Late-arriving documents related to a Board meeting item which are distributed to a majority of the Board prior to or during the Board meeting are available for public review as required by law. Public records, including agenda-related documents, can be requested electronically at [email protected] or by mail to 15642 Sand Canyon Avenue, P.O. Box 54283, Irvine, CA 92619-4283. The documents may also be posted at the above website. Such public records are also available for inspection, by appointment, at 15310 Barranca Parkway, Suite 250, Irvine, CA 92618. Please contact [email protected] to arrange an appointment.
OCPA ACRONYM LIST
Last revised on 4/7/2025
Displaying regularly used acronyms is beneficial for public agencies, enhancing clarity and efficiency in communication. OCPA’s Acronyms Lists contain terms that are often used and abbreviated to simplify complex terms and processes, making information more accessible to both employees and the public.
Our hope is to ensure that everyone understands the terminology we use, reducing confusion, and misunderstandings. When members of the public can easily decode acronyms, they feel more informed and engaged with the agency's operations. This practice also supports training and onboarding efforts, as new employees can quickly familiarize themselves with commonly used terms, accelerating their integration into the team.
AB Assembly Bill
ACC Avoided Cost Calculator
AL Advice Letter
ALJ Administrative Law Judge
ARB Air Resource Board
BA Balancing Authority
BESS Battery Energy Storage System
BioMAT Bioenergy Market Adjusting Tariff
C&I Commercial & Industrial
CAISO California Independent System Operator
CALCCA California Community Choice Association
CAM Cost Allocation Mechanism
CAPP California Arrearage Payment Program
CARB California Air Resources Board
CARE California Alternate Rates for Energy (Low Income Discount Rate) CCA Community Choice Aggregation
CEC California Energy Commission
CEC California Energy Commission
CP compliance period
CPE Central Procurement Entity
CPP Critical Peak Pricing
CPUC California Public Utilities Commission
CRR Congestion Revenue Right
DA Direct Access (Private Retail Energy Supplier)
DAC Disadvantaged Community (As Defined by Calenviroscreen 3.0) DAME Day-Ahead Market Enhancements
DCPP Diablo Canyon Power Plant
Demand
The rate at which electric energy is delivered to or by a system or part of a system, generally expressed in kilowatts (kW), megawatts (MW), or gigawatts (GW), at a given instant or averaged over any designated interval of time. Demand should not be confused with Load or Energy DER Distributed Energy Resources
DER Distributed Energy Resources
DERMS Distributed Energy Resource Management System
Distribution The delivery of electricity to the retail customer’s home or business through low voltage distribution lines
DLAP Default Load Aggregation Point
DR Demand Response
DRP Distributed Resource Plans
DWR Department of Water Resources
ECR Enhanced Community Renewable
ED Energy Division
ED Energy Division
EDAM Extended Day-Ahead Market
EE Energy Efficiency
ELCC Effective Load Carrying Capacity
ELRP Emergency Load Reduction Program
EPIC Electric Program Investment Charge
ERRA Energy Resource Recovery Account (SCE Generation Rate Setting) ERRA Energy Resource Recovery Account
ES Energy Storage
ESA Energy Storage Agreement
ESP Energy Service Provider
EV Electric Vehicle
EVSE Electric Vehicle Supply Equipment (EV Charger)
FERA Family Electric Rate Assistance (Low Income Discount Rate) FERC Federal Energy Regulatory Commission
GHG Greenhouse Gas
GRC General Rate Case
GTSR Green Tariff Shared Renewables
GWh Gigawatt-hour
ICA Integration Capacity Analysis
IDER Integrated Distributed Energy Resources
IDSM Integrated Demand-Side Management
IEPR Integrated Energy Planning Report
IGFC Income-Graduated Fixed Charge
IOU Investor-Owned Utility
IOU Investor-owned utility
IRP Integrated Resource Plan
JPA Joint Powers Authority
kW Kilowatt
kWh Kilowatt-hour
LCFS Low Carbon Fuel Standard
LCR Local (RA) Capacity Requirements
LMP Locational Marginal Price
LMS Load Management Standards
LNBA Locational Net Benefits Analysis
Load An end use device or customer that receives power from an energy delivery system
LOLE Loss of load expectations
LSE Load Serving Entity
LTPP Long-Term Procurement Rulemaking
MB Medical Baseline (Discount Rate for Medical Equipment Needs) MEO Marketing Education and Outreach
MPB Market Price Benchmark
MTR Mid Term Reliability
MW Megawatt
MWH Megawatt-hour
NBC Non-Bypassable Charge
NBC Non-Bypassable Charge
NBT Net Billing Tariff (NEM 3.0) Also known as Solar Billing Tariff or Solar Billing Plan
NDA Non-Disclosure Agreement
NEM Net Energy Metering (Usually for Customers with Solar) NP-15 North Path 15
OAT Other Applicable Tariffs
OIR Order Instituting Rulemaking
OSC Order to Show Cause
OSW Offshore Wind
PA Program Administrator
PCC1 Renewable Energy Generated Inside California
PCC2 Renewable Energy Generated Outside California
PCC3 A REC from A Renewable Resource, Delivered Without Energy PCIA Power Charge Indifference Adjustment
PCL Power Content Label
PD Proposed Decision
PfM Petition for Modification
PG&E Pacific Gas & Electric
PHC Prehearing Conference
Pnode Pricing Node
POLR Provider of Last Resort
POU Publicly owned utility
POU Publicly Owned or Municipal Utility
PPA Power Purchase Agreement
PRP Priority Review Project
PRRR Progress on Residential Rate Reform
PSD PowerSource Disclosures
PSPS Public Safety Power Shutoff
PUC Public Utilities Code
PURPA Public Utilities Regulatory Policy Act
PV Photovoltaic (Solar) Panels
RA Resource Adequacy
RAM Renewables Auction Mechanism
RCPPP Reliable and Clean Power Procurement Program
RE Renewable Energy
REC Renewable Energy Credit or Renewable Energy Certificate RES-BCT Renewables Energy Self-Generation Bill Credit Transfer RFI Request for Information
RFO Request for Offers
RFP Request for Proposals
RFQ Request for Qualifications
RIN Rate Identifier Number
RPS Renewable Portfolio Standard
SB Senate Bill
SBT/SBP Solar Billing Tariff/Solar Billing Plan
SCE Southern California Edison
SDG&E San Diego Gas & Electric
SGIP Self-Generation Incentive Program
SOD Slice of Day
T&D Transmission and Distribution
TBS Transitional Bundled Service
TE Transportation Electrification
Time-of-Use
(TOU) Rates
The pricing of delivered electricity based on the estimated cost of electricity during a particular time-block
TOU Time Of Use (Used to Refer to Rates that Differ by Time Of Day) TPP Transmission Planning Process
Unbundled RECs
Renewable energy certificates that verify a purchase of a MWH unit of renewable power where the actual power and the certificate are “unbundled” and sold to different buyers.
VAMO Voluntary Allocation, Market Offer
VPP Virtual Power Plant
WECC Western Electricity Coordinating Council
WEIM Western Energy Imbalance Market
WREGIS Western Renewable Energy Generation Information System
MINUTES
REGULAR MEETING
BOARD OF DIRECTORS
ORANGE COUNTY POWER AUTHORITY
Monday, April 14, 2025
OCPA Board Regular Meeting of April 14, 2025 Page 1
1. CALL TO ORDER
Chair Sonne called to order the Regular Meeting of the Orange County Authority Board of Directors at 4:30 p.m. on Monday, April 14, 2025.
2. PLEDGE OF ALLEGIANCE
Director Grandis led the Pledge of Allegiance.
3. ROLL CALL
Present: Director William Go City of Irvine
Director Glenn Grandis City of Fountain Valley
Director Fred Jung City of Fullerton
Vice Chair James Mai City of Irvine
Chair Susan Sonne City of Buena Park
4. PUBLIC COMMENTS ON AGENDA ITEMS
None.
5. PUBLIC COMMENTS ON NON-AGENDA ITEMS
Mike Rough
Vicki Johnson
6. DIRECTOR ANNOUNCEMENTS & REPORTS ON CONFERENCES/EVENTS
ATTENDED
None.
7. CONSENT CALENDAR
ACTION
Director Grandis made the motion, seconded by Director Go to:
Approve consent calendar items 7.1 – 7.5.
OCPA Board Regular Meeting of April 14, 2025 Page 2
The motion carried unanimously by the following 5-0 vote:
Ayes: Chair Sonne, Vice Chair Mai, Director Jung,
Director Grandis, Director Go
Noes: None
Absent: None
1. MINUTES FOR THE SPECIAL BOARD MEETING OF MARCH 21, 2025 Action Taken:
Approved as submitted.
2. MINUTES FOR THE REGULAR BOARD MEETING OF MARCH 10, 2025 Action Taken:
Approved as submitted.
3. COMMUNITY ADVISORY COMMITTEE (CAC) REPORT
Action Taken:
Received and filed.
4. LEGISLATIVE AND REGULATORY UPDATE
Action Taken:
Received and filed.
5. RATIFY RATES EFFECTIVE MARCH 24, 2025
Action Taken:
Ratified the rates effective March 24, 2025.
8. REGULAR CALENDAR
1. COMMUNITY POWER PLAN AND OTHER OUTREACH SERVICES
RFQ ANALYSIS AND RECOMMENDATION
Director of Communications and External Affairs Jacquie Henderson provided a brief summary of this item. Energy Programs Manager Pranesh Venugopal also provided additional information.
Vice Chair Mai made the motion, seconded by Chair Sonne to:
1. Receive panel recommendations for Request for Qualifications for Community Power Plan Outreach & Other Services solicitation.
OCPA Board Regular Meeting of April 14, 2025 Page 3
2. Direct staff to negotiate and establish an agreement for Community Power Plan Outreach Services with the Asian Business Association of Orange County.
3. Authorize the Chief Executive Officer to establish outreach services agreements, consistent with OCPA’s Procurement Policy No. 1, with recommended vendors as needed for the development of the Community Power Plan and the administration of the Equitably Building Decarbonization – Direct Install grant.
The motion carried unanimously by the following 5-0 vote:
Ayes: Chair Sonne, Vice Chair Mai, Director Jung,
Director Grandis, Director Go
Noes: None
Absent: None
2. APPROVAL OF SOLAR REBATE AND EV CHARGER REBATE
PROGRAM
Director of Communications and External Affairs Jacquie Henderson provided a brief summary of this item.
Vice Chair Mai made the motion, seconded by Director Go to:
1. Approve the launch of a Solar and Battery Rebate Program, and an Electric Vehicle (EV) Charger Rebate Program. The Solar and Battery Rebate Program will provide a $1,000 rebate for solar panels with battery storage or battery storage alone. The EV Charger Rebate Program will provide a not-to-exceed $1,000 rebate for residential Level 2 EV chargers on the OCPA Marketplace, making them no cost after rebate.
2. Authorize the Chief Executive Officer to take all necessary actions to implement, administer, monitor, manage, and ensure compliance with the programs, including but not limited to adopting, amending, executing and enforcing terms and conditions for program participation.
The motion carried unanimously by the following 5-0 vote:
Ayes: Chair Sonne, Vice Chair Mai, Director Jung,
Director Grandis, Director Go
Noes: None
Absent: None
OCPA Board Regular Meeting of April 14, 2025 Page 4
3. ENERGY STORAGE SYSTEMS UPDATE
Power Resources Director Ting provided a brief summary of this item.
Please note: Director Jung left the meeting at 5:30 p.m.
Action Taken:
Received and filed.
9. STAFF REPORT
CEO Mosca provided his full report in the agenda packet.
10. ADJOURNMENT
There being no further business to come before the Board, Chair Sonne adjourned the April 14, 2025, Orange County Power Authority Board Regular meeting at 5:50 p.m.
Submitted by:
Pat Jacquez-Nares, Authority Secretary
ORANGE COUNTY POWER AUTHORITY
Staff Report – Item No. 7.2
-------------------------------------------------------------------------------------------------------------------- To: Orange County Power Authority Board of Directors
From: Jacquie Henderson, Director of Communications & External Affairs Andrew Di Giovanna, External Affairs Manager
Linda Kraemer, Community Engagement Manager
Approved By: Joe Mosca, Chief Executive Officer
Subject: COMMUNITY ADVISORY COMMITTEE (CAC) REPORT
Date: May 12, 2025
--------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
Receive and file.
BACKGROUND
On Monday, May 5, 2025, at 6:00 p.m., the Community Advisory Committee (CAC) held its regular monthly meeting. The meeting included a presentation on best practices for community advisory committees from San Diego Community Power, a report from CAC members and staff on key insights from the 2025 CalCCA Annual Conference, an overview of upcoming OCPA public engagement activities for May and June, and a staff update on newly launched rebate programs, community events, and outreach initiatives.
ANALYSIS
The CAC regular meeting on Monday, May 5, 2025, covered the following topics:
Best Practices for Community Advisory Committees: A Visit from San Diego Community Power Representatives from San Diego Community Power (SDCP), including Senior Community Engagement Manager Xiomalys Crespo and CAC Chair Matthew Vasilakis, delivered a presentation highlighting the structure, operations, and community role of their Community Advisory Committee.
SDCP’s CAC was described as a 14-member, board-appointed body that advises on policy, program development, equity initiatives, and strategic priorities. The speakers outlined their approach to onboarding, public engagement, subcommittee formation, and maintaining transparency and accountability with their Board. OCPA CAC members engaged in a Q&A focused on SDCP’s battery storage incentives, educational outreach, and program vetting processes.
Report from 2025 CalCCA Annual Conference
Chair Bendinelli and Vice Chair Ziemer provided a report on the 2025 CalCCA Annual Conference, held April 28-30 in Irvine. Topics included the rapid expansion of battery storage, modular clean energy solutions, transportation and building electrification, and policy advocacy surrounding rate design and equity. Presentations emphasized the importance of preparing for increased seasonal load demands and the need for long-duration energy storage. Other key takeaways included the importance of public education for EV adoption, addressing challenges in multi-unit dwelling electrification, and leveraging new technologies and incentives to expand clean energy access.
OCPA Public Engagement for May and June 2025
Staff presented a calendar of public engagement events planned across OCPA’s member cities.
Scheduled activities include appearances at the Irvine State of the Great Park, Fountain Valley Chamber events, the Buena Park Community Pop-Up, and Fullerton's Day of Music and State of the City. Committee members were encouraged to volunteer and represent the agency at these events to help build awareness and share program information.
Updates from Staff
Staff reported that the Bright Futures Grant program is open through May 23, offering up to $20,000 to support local projects focused on clean energy education and community choice. Two new residential rebate programs were formally announced: a $1,000 incentive for Level 2 EV chargers launching May 12, and a $1,000 solar battery rebate beginning in July. OCPA recently participated in a range of outreach events, including Earth Day celebrations, pop-ups in Irvine and Fullerton, the Estrella Awards, and the CicloIrvine open streets event. Additionally, Energy Programs Analyst Nataly Morales Sandoval had the opportunity to speak at the SoCal Women in Green leadership breakfast.
FISCAL IMPACT
None
ATTACHMENT
None
ORANGE COUNTY POWER AUTHORITY
Staff Report – Item 7.3
-------------------------------------------------------------------------------------------------------------------- To: Orange County Power Authority Board of Directors
From: Steven Halligan, Regulatory and Legislative Manager Approved by: Joe Mosca, Chief Executive Officer
Subject: LEGISLATIVE AND REGULATORY UPDATE
Date: May 12, 2025
--------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
Receive and file.
BACKGROUND
Orange County Power Authority (OCPA) staff actively participate in several regulatory proceedings at the California Public Utilities Commission (CPUC), California Independent System Operator (CAISO), and the California Energy Commission (CEC). A summary and status update of active legislation and regulatory proceedings since the previous update is included below. OCPA is currently tracking 123 bills in the state legislature, 13 of which have been flagged as high priority. A bill tracker is included in Attachment 1.
The California legislature began spring recess on April 10 and reconvened on April 21. Fiscal bills have until May 2 to pass out of their committees, and policy bills have until May 9 to pass out of their committees.
LEGISLATIVE UPDATES
SB 254 (Becker) – Policy-Oriented and Wildfire Electric Reimbursement (POWER) Program • SB 254 is the Senate Energy Affordability bill. It makes several changes, including:
1) Creates the Clean Energy Infrastructure Authority to develop transmission and other infrastructure. The Authority, which is exempt from CPUC oversight, can “finance, plan, develop, acquire, own, maintain, sell, or operate eligible clean energy infrastructure (including transmission and storage) necessary or useful” in the state’s transition to 100% clean energy. It includes public financing of transmission that would be operated and maintained by the utilities.2) Overhauls the framework for oversight of wildfire mitigation project review, introduces the need to evaluate wildfire investments based on cost efficiency, and exempts undergrounding from CEQA. 3) Prevents the IOUs from including in their rate base their proportional share of $5 billion of fire risk mitigation capital expenditures and $20 billion of energization capital expenditures approved by the Commission on or after January 1, 2025. 4) Increases the Climate Credit for CARE/FERA customers and concentrates the credit on peak bill months. 5) Establishes the Policy- Oriented and Wildfire Electric Reimbursement (POWER) program that will use appropriated funds, if any, to reimburse CPUC programs “driven by public policy goals, that provide benefit to the general public and not just to ratepayers, and that are not required for the safe and reliable delivery of electricity to the ratepayers….” (e.g. transportation electrification, building decarbonization, energy efficiency, low-income discounts, and wildfire mitigation). 6) Modifies the Commission’s reporting responsibility for demand-side management programs it oversees or that are paid for by ratepayers of the IOUs or community choice aggregators by (1) limiting the requirement to provide budgets and actual expenditures to “utility” expenditures and (2) specifies that “public interest impacts” include nonenergy effects, emissions reductions, or equity considerations. 7) Heightens the burden of proof for proposed costs in excess of inflation to “clear and convincing” evidence and increases reporting requirements for the Commission if such costs are authorized. 8) Requires the CEC to prepare a program EIR to analyze the development of classes of facilities, including solar PV, wind, energy storage, and thermal generation so that other agencies considering approval of specific facilities within the class may rely and build on the program EIR. 9) Broadens the scope of projects that fall within the exclusive jurisdiction of the CEC for permitting by reducing the capital investment requirement for discretionary projects from $250 million to $100 million and extends eligibility to come within the CEC’s jurisdiction from mid-2029 to mid-2034. Makes other material changes to the certification process.
• SB 254 passed out of the Senate Energy, Utilities, and Communications (EUC) Committee on April 29. It will be heard in the Appropriations Committee on May 12.
SB 540 (Becker) – Independent Regional Organization
• SB 540 passed out of the Senate EUC Committee on April 21 (17-0) and the Judiciary Committee (with amendments) on April 29. It will now be heard in the Committee on Appropriations.
REGULATORY UPDATES
Power Charge Indifference Adjustment – R.25-02-005
Background: This rulemaking was initiated to consider changes to the Power Charge Indifference Adjustment (PCIA), as well as changes to rules and processes applicable to the Energy Resource Recovery Account (ERRA) annual forecast and compliance proceedings. The proposed scope of the proceeding has two tracks:
(1) Track 1, considering on an expedited basis updates to the Resource Adequacy (RA) Market Price Benchmark (MPB) on an expedited basis, with a proposed decision expected in May 2025; and
(2) Track 2, considering other issues including (a) additional review or revisions to MPBs, (b) ERRA guidance for RA program changes, include the Slice-of-Day framework, (c) Bundled Procurement Plan guidance changes, (d) improved PCIA and ERRA mechanisms to reduce rate volatility, and (e) guidance for PCIA resource vintaging. OCPA is a party in this case.
Update: CalCCA attended the April 7, 2025, Prehearing Conference on behalf of all CCAs and continued its advocacy for a narrow Track 1 scope, excluding modifications to the RPS MPB , in addition to proposed modifications to the RA MPB. The following day, the CPUC issued the Track 1 Scoping Ruling, which excludes consideration of the RPS MPB in Track 1. Specifically, the Scoping Ruling requests Opening and Reply Briefs on the following:
• Should the Commission expand the data considered when determining the • Resource Adequacy (RA) MPB by extending or eliminating the existing time limits on transaction data considered?
• Should the Commission combine the system, local, and flexible RA into a single RA value when calculating the RA MPB?
• When determining the RA MPB, should the Commission eliminate data that is duplicative or does not reflect market-based transactions?
• How should the Commission determine which transactions to eliminate? In addition, the Scoping Ruling requests parties address retroactive rate setting, procedural issues including notice, due process, evidentiary issues, and other substantive arguments. CalCCA submitted an Opening Brief, on April 21, 2025. In the Opening Brief, CalCCA recommends that the Commission:
• Apply any modification to the RA MPB only prospectively to the 2026 RA Forecast MPB to avoid unlawful retroactive rulemaking;
• To the extent the Commission decides to modify the RA MPB in Track One, ensure such modification is narrowly tailored to address only the problem identified through substantial evidence – reduced volumes for the RA MPB calculation;
• In choosing the narrowly tailored “fix,” first apply Staff Proposal 5 to combine the RA MPBs, and if the volumes are sufficiently increased, stop there and move to Track Two for a broad review of the PCIA methodology;
• If the Commission must also implement Staff Proposal 1 to increase the volumes, limit the expansion of the timeframe to the shortest timeframe to sufficiently increase the volumes; • Establish definitions of affiliate, swap, and sleeve transactions if the Commission decides to exclude such transactions from the RA MPB; and
• Adopt monthly RA MPB values, as proposed in Staff Proposal 4.
CalCCA filed a Reply Brief on April 30, 2025. A Proposed Decision on Track 1 is expected in May and a Final Decision in June.
Integrated Resource Planning – R.20-05-003
Background: The Integrated Resource Planning (IRP) proceeding considers the CPUC’s electric procurement policies and programs to ensure safe, reliable, and cost-effective electricity supply.
The proceeding evaluates system, local, and flexible reliability needs ten years out, authorizes procurement, and reviews load-serving entities’ (LSEs) procurement plans.
Update: On April 21, 2025, CalCCA filed comments on SCE’s Petition for Modification (PfM) of D.23-02-040 and D.24-02-047, requesting to eliminate Mid-Term Reliability (MTR) bridge procurement requirements for generic and Long Lead Time (LLT) MTR procurement in non-summer months if the Load Serving Entity (LSE) using the bridge capacity has met its Resource Adequacy (RA) requirements in the non-summer months. The recommended comments:
• Adopt SCE’s PfM to modify bridging requirements for generic and LLT procurement requirements and extend the modified bridging requirements to DCR procurement requirements; and
• Clarify the PfM’s applicability such that an LSE with an executed long-term contract that was terminated for circumstances outside the LSE’s control and that the LSE is making good faith efforts to replace can also utilize the modified bridge requirements.
SCE ERRA Compliance
SCE filed its 2024 ERRA Compliance Application on April 1, 2025. The joint SCE CCAs are reviewing for potential issues of interest for a protest. Protests are due May 12, 2025. SCE filed an Opening Brief in its 2023 ERRA Compliance proceeding on April 14, 2025. Joint CCAs did not file an opening brief or reply brief as no disputed issues were identified.
CAISO Transmission Planning Process
Overview: Each year, CAISO conducts its Transmission Planning Process (TPP) to identify potential system limitations as well as opportunities for system reinforcements that improve reliability, efficiency, and California’s ability to meet policy goals. The TPP results in the CAISO publishing its Transmission Plan and recommends transmission projects for CAISO management or board approval.
Update: On April 15, 2025, the CAISO presented the draft 2024-2025 Transmission Plan, which identifies the transmission upgrades recommended for approval to support policy, reliability, and economic needs for the next 10-15 years. The CAISO identified the need for 31 transmission projects, for a total infrastructure investment of an estimated $4.8 billion. These costs translate to approximately 0.5 cents per kWh over the life of the projects, phased in as the new facilities come online. The sensitivity assessment in this transmission planning cycle provided information related to the potential retirement of a portion of the existing gas-fired generation resources. 2025 Integrated Energy Policy Report Update (25-IEPR-01) Overview: On April 14, the CEC issued an Order Instituting Informational Proceeding for the 2025 IEPR. The Order assigns Chair David Hochschild as the lead commissioner and Vice Chair Siva Gunda as the associate commissioner. The order adopts the scope to include: 1) Advancing clean energy development; 2) Electricity and gas forecast; and 3) Load-shift goal update.
Events, Workshops, and Meetings
During the past month staff attended several events, workshops, and meetings. These include:
• CalCCA Regulatory Policy meetings – including several tiger team meetings covering PCIA and RA proceedings
• Weekly CalCCA Legislative Policy meetings - including several Tiger teams such as Infrastructure, Building Decarb, ZEV, Autonomy, and Affordability • CalCCA Federal Policy meetings
• CalCCA Monthly CAISO Meeting
• Stakeholder Policy Meetings
• California Assembly Utilities and Energy and Senate Energy Utilities and Communications Committee meetings and hearings
• CalCCA Regulatory Directors meetings
• CalCCA Compliance meetings
• CPUC Voting meeting
• CEC Business meeting
• Pathways Stakeholder meeting
• CAISO 2024-25 Draft Transmission Plan meeting
• CalCCA Annual Conference
• Joint CCA SCE ERRA Compliance Issue Review meeting
• CAISO stakeholder meetings
FISCAL IMPACT
None
ATTACHMENTS
Attachment 1 – OCPA 2025 California Bill Tracker
Orange County Power Authority
2025 California Bill Tracker (Updated 5/5/2025)
High Priority
Bill # Author Title Category Summary Status Position
AB 303 Addis Battery energy storage
facilities
Battery Storage This bill would prohibit the authorization of a development project that includes a battery energy storage system capable of storing 200 megawatthours or more of energy if the development project is located within 3,200 feet of a sensitive receptor or is located on an environmentally sensitive site, as specified.
In committee: Hearing
postponed by
committee.
CalCCA
Oppose
AB 306 Schultz and Rivas Building regulations: state
building standards
Building Standards This bill would, from June 1, 2025, until June 1, 2031, inclusive, prohibit a city or county from making changes to the above-described building standards unless a certain condition is met, including that the commission deems those changes or modifications necessary as emergency standards to protect health and safety. By requiring a city or county to take certain actions relating to building standards, this bill would impose a state-mandated local program.
Re-referred to Coms.
on HOUSING and L.
GOV.
CalCCA
Oppose
Unless
Amended
AB 526 Papan Energy: new in-state
geothermal energy
generation
Geothermal The bill would require the Energy Commission, on or before June 1, 2026, to evaluate and quantify the maximum feasible capacity of new in-state geothermal energy to achieve reliability, ratepayer, employment, and decarbonization benefits, and to establish megawatt in-state next-generation geothermal planning goals for 2035 and 2045, as specified.
From committee: Do
pass and re-refer to
Com. on APPR. with
recommendation: To
Consent Calendar.
(Ayes 14. Noes 0.)
(April 21). Re-referred
to Com. on APPR.
CalCCA
Support
Orange County Power Authority
2025 California Bill Tracker (Updated 5/5/2025)
High Priority
AB 527 Papan California Environmental
Quality Act: geothermal
exploratory projects
Geothermal This bill provides that “geothermal exploratory project” includes, among other things, equipment and activities necessary to establish interconnectivity between wells and reservoirs. The bill would exempt geothermal exploratory projects for which the county is the lead agency that meet specified conditions from CEQA. The bill would require the lead agency, at least 30 days before the making the determination to approve or carry out a change in use pursuant to this exemption, to post a written notice on its internet website and at the project site. Because the exemption would apply to projects where the county is the lead agency and the county would be required to determine if a project qualifies for this exemption, the bill would impose a state-mandated local program.
From committee:
Amend, and do pass as
amended and re-refer
to Com. on APPR.
(Ayes 14. Noes 0.)
(April 28).
CalCCA
Support
AB 531 Rogers Geothermal powerplants
and geothermal field
development projects:
certification and
environmental review
Geothermal This bill would expand the types of facilities eligible to be certified as environmental leadership development projects by the Energy Commission to include geothermal powerplants and geothermal field development projects, as defined.
From committee: Do
pass and re-refer to
Com. on APPR. with
recommendation: To
Consent Calendar.
(Ayes 14. Noes 0.)
CalCCA
Support
AB 941 Zbur California Environmental
Quality Act: electrical
infrastructure projects
CEQA This bill would require the commission to determine whether to certify the environmental impact report for an electrical infrastructure project that is a priority project, as defined, no later than 270 days after the commission determines that an application for an electrical infrastructure project is complete, except as specified.
Re-referred to Com. on
APPR.
CalCCA
Support
Orange County Power Authority
2025 California Bill Tracker (Updated 5/5/2025)
High Priority
SB 57 Padilla Data centers: special
tariff or program
Data Centers This bill, the Ratepayer and Technological Innovation Protection Act, would require the commission, on or before July 1, 2026, to establish a special electrical corporation tariff or program, or modify an existing tariff or program, for transmission and distribution service to eligible customers, as defined, that, among other things, ensures just and reasonable rates for customers of electrical corporations and does not result in cost shifts to customers who do not receive the tariff. The bill would authorize the commission to require an eligible customer to site distributed energy storage systems and backup power systems that better enable the state to meet its emission reduction goals. The bill would authorize the commission to establish minimum requirements for zero-carbon procurement on behalf of retail sellers for eligible customers receiving the tariff.
April 28 hearing:
Placed on APPR.
suspense file.
SB 239 Arreguin Open meetings:
teleconferencing:
subsidiary body
Teleconferencing This bill would authorize a subsidiary body, as defined, to use alternative teleconferencing provisions and would impose requirements for notice, agenda, and public participation, as prescribed. The bill would require the subsidiary body to post the agenda at each physical meeting location designated by the subsidiary body, as specified. The bill would require the members of the subsidiary body to visibly appear on camera during the open portion of a meeting that is publicly accessible via the internet or other online platform, as specified. The bill would also require the subsidiary body to list a member of the subsidiary body who participates in a teleconference meeting from a remote location in the minutes of the meeting.
Set for hearing May 6. OCPA
Support
Orange County Power Authority
2025 California Bill Tracker (Updated 5/5/2025)
High Priority
SB 254 Becker Electricity: wildfire
mitigation: rate
assistance: Policy-Oriented and Wildfire
Electric Reimbursement
Program.
Affordability 1) Creates the Clean Energy Infrastructure Authority to develop transmission and other infrastructure. The Authority, which is exempt from CPUC oversight, can “finance, plan, develop, acquire, own, maintain, sell, or operate eligible clean energy infrastructure (including transmission and storage) necessary or useful” in the state’s transition to 100% clean energy. It includes public financing of transmission that would be operated and maintained by the utilities.2) Overhauls the framework for oversight of wildfire mitigation project review, introduces the need to evaluate wildfire investments based on cost efficiency, and exempts undergrounding from CEQA. 3) Prevents the IOUs from including in their rate base their proportional share of $5 billion of fire risk mitigation capital expenditures and $20 billion of energization capital expenditures approved by the Commission on or after January 1, 2025. 4) Increases the Climate Credit for CARE/FERA customers and concentrates the credit on peak bill months. 5) Establishes the Policy-Oriented and Wildfire Electric Reimbursement (POWER) program that will use appropriated funds, if any, to reimburse CPUC programs “driven by public policy goals, that provide benefit to the general public and not just to ratepayers, and that are not required for the safe and reliable delivery of electricity to the ratepayers….” (e.g. transportation electrification, building decarbonization, energy efficiency, low-income discounts, and wildfire mitigation). 6) Modifies the Commission’s reporting responsibility for demand-side management programs it oversees or that are paid for by ratepayers of the IOUs or community choice aggregators by (1) limiting the requirement to provide budgets and actual expenditures to “utility” expenditures and (2) specifies that “public interest impacts” include nonenergy effects, emissions reductions, or equity considerations. 7) Heightens the burden of proof for proposed costs in excess of inflation to “clear and convincing” evidence and increases reporting requirements for the Commission if such costs are authorized. 8) Requires the CEC to prepare a program EIR to analyze the development of classes of facilities, including solar PV, wind, energy storage, and thermal generation so that other agencies considering approval of specific facilities within the class may rely and build on the program EIR. 9) Broadens the scope of projects that fall within the exclusive jurisdiction of the CEC for permitting by reducing the capital investment requirement for discretionary projects from $250 million to $100 million and extends eligibility to come within the CEC’s jurisdiction from mid-2029 to mid-2034. Makes other material changes to the certification process.
Set for hearing May 12. CalCCA
Support
Orange County Power Authority
2025 California Bill Tracker (Updated 5/5/2025)
High Priority
SB 283 Laird Energy Storage Systems Battery Storage This bill would require an application submitted to the Energy Commission in accordance with the above-described provisions relating to certification of facilities by the Energy Commission, and an application submitted to a local jurisdiction for an energy storage management system, to include the applicant’s certification that the facility has been designed in accordance with the NFPA 855, Standard for the Installation of Stationary Energy Storage Systems, and, at least 30 days before submitting an application, the applicant met and conferred with the local fire department responsible for fire suppression in the area where the facility or system is proposed, as provided.
The bill would also prohibit the approval of those applications unless the local jurisdiction requires as a condition of approval that the system be constructed, installed, commissioned, operated, maintained, and decommissioned in accordance with NFPA 855, that after installation is complete, but before commencing operations, the system be inspected by the local fire department responsible for fire suppression or by a representative or designee of the State Fire Marshal, and that the applicant bear the cost of the inspection. By imposing additional duties on local officers, the bill would impose a state-mandated local program.
Read second time and
amended. Re-referred
to Com. on APPR.
CalCCA
Support if
Amended
SB 302 Padilla Personal Income Tax Law
and Corporation Tax Law:
exclusions:
environmental credits
Tax Credits This bill, in conformity with federal law, for taxable years beginning on or after January 1, 2023, would exclude from gross income a refund payment made for the specified federal environmental credits described above and any payment received by a transferor as consideration for a transfer, as provided. The bill would also prohibit a transferee from deducting the amount paid as consideration for the transfer, in conformity with federal law.
April 7 hearing: Placed
on APPR. suspense
file.
CalCCA
Support
Orange County Power Authority
2025 California Bill Tracker (Updated 5/5/2025)
High Priority
SB 330 Padilla Electrical transmission
infrastructure: finacning
Transmission This bill would authorize the Governor to establish one or more pilot projects to develop, finance, or operate electrical transmission infrastructure that meet the specified criteria, including, among other things, that the transmission line is identified by the Independent System Operator in its transmission planning process as a project subject to competitive bidding and necessary to support clean energy generation to meet the state’s clean energy goals. The bill would require the Governor to designate existing state agencies, local public agencies, tribal organizations, or joint powers authorities to implement the pilot projects. The bill would authorize the pilot projects to develop, finance, operate, and maintain electrical transmission lines and all works, facilities, improvements, and property, or portions thereof, necessary or convenient for the conveyance of electricity, as specified. The bill would authorize the Governor to issue guidelines regarding application and certification of pilot projects.
Set for hearing May 12. CalCCA
Support
SB 540 Becker and Stern Independent System
Operator: independent
regional organization
Regional Organization This bill would delete the above-described provisions providing for the transformation of the ISO into a regional organization. The bill would authorize the ISO and the electrical corporations that are participating transmission owners whose transmission systems are operated by the ISO, in lieu of the ISO managing related energy markets, as provided, to use energy markets governed by an independent regional organization, provided that specified requirements are satisfied. This bill would specify that the above-described provisions do not diminish the PUC’s authority to direct an electrical corporation to withdraw from an energy market governed by an independent regional organization, and would authorize the PUC to direct an electrical corporation to withdraw from an energy market governed by an independent regional organization under specific circumstances.
The bill would also require an electrical corporation within the balancing authority of the ISO to withdraw from an energy market governed by an independent regional organization under two specified conditions.
Read second time and
amended. Re-referred
to Com. on APPR.
OCPA and
CalCCA
Support
Orange County Power Authority
2025 California Bill Tracker (Updated 5/5/2025)
High Priority
SB 541 Becker Electricity: load shifting:
dynamic pricing
Dynamic Rates This bill would require the Energy Commission, as part of each integrated energy policy report, to allocate the incremental load shifting needed to reach the above-described load-shifting goal, including biennial adjustments to the goal, to each retail supplier, as defined, based on the commission’s estimate of its load-shifting potential, including consideration of the relative share of statewide load of each retail supplier, and other relevant factors, as specified. The bill would require the Energy Commission, on or before July 1, 2028, and biennially thereafter, to evaluate and publish the amount of load shifting that each retail supplier achieved in the prior calendar year, and the amount of load shifting that each retail supplier is expected to achieve in future years, in comparison to the load shifting allocated to the retail supplier, as specified. The bill would require the Energy Commission, in consultation with the PUC and the Independent System Operator, to identify and evaluate barriers to effectively implement load-shifting strategies and to establish a location-based avoided cost metric that estimates the value of demand reduction at different times and locations, as specified.
Set for hearing May 12. CalCCA
Oppose
Medium Priority
Bill # Author Title Category Summary Status
AB 13 Ransom Public Utilities
Commission:
membership: reports.
CPUC Reporting This bill would require that 4 members of the commission represent the geographic locations of the 4 State Board of Equalization districts, existing as of January 1, 2026, and one member be an at-large member with expertise in nongovernmental public advocacy or public interest law and with a nongovernmental background, as specified. The bill would prohibit an elected member of, or an employee of, the Legislature or an employee of the executive branch from serving as a member of the commission within one year after leaving the position as an elected member or employee.
In committee: Set, first hearing.
Referred to suspense file.
AB 23 DeMaio The Cost of Living
Reduction Act of 2025.
Affordability This bill would require the Energy Commission to develop a rebate methodology to compensate Californians for the higher cost of gasoline, electricity, and natural gas compared to the national average, and, beginning with the 2026–27 fiscal year, in any year where the average prices for gasoline, electricity, or natural gas have exceeded the national average for those energy sources by more than 10% in the preceding 12 months, would require the Controller to provide rebates to households consistent with the methodology developed by the commission. The bill would establish the Cost of Living Reduction Fund and would require an amount necessary to fund the rebates, as specified, to be transferred from the Greenhouse Gas Reduction Fund to the Cost of Living Reduction Fund, the moneys in which would be continuously appropriated to the Controller for the purpose of making the rebate payments. By requiring the transfer of moneys into a continuously appropriated fund, the bill would make an appropriation.
Re-referred to Com. on U. & E.
AB 39 Zbur General plans: Local
Electrification Planning
Act.
Local Programs This bill, the Local Electrification Planning Act, would require a city, county, or city and county, on or after January 1, 2027, but no later than January 1, 2030, to prepare and adopt a specified plan, or integrate a plan in the next adoption or revision of the general plan, that includes locally based goals, objectives, policies, and feasible implementation measures that include, among other things, the identification of opportunities to expand electric vehicle charging and other zero-emission vehicle fueling infrastructure, as specified, and includes policies and implementation measures that address the needs of disadvantaged communities, low-income households, and small businesses for equitable and prioritized investments in zero-emission technologies that directly benefit these groups. For these purposes, the bill would authorize a city, county, or city and county to incorporate by reference into the general plan a previously adopted similar plan that meets the above-described requirements, as specified. By increasing the duties of local public officials, the bill would establish a state-mandated local program.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 16.
Noes 0.) (April 30). Re-referred to
Com. on APPR.
Medium Priority
AB 44 Schultz Energy: electrical
demand forecasts.
Demand Forecasts This bill would require the Energy Commission, on or before December 1, 2026, and in consultation with the Public Utilities Commission, Independent System Operator, load-serving entities, and resource aggregators, to adopt a set of upfront technical requirements and load modification protocols, as defined, to provide the option for a load-serving entity to reduce or modify its electrical demand forecast upon aggregated system operation, as specified. The bill would require the commission to evaluate new and existing mechanisms that can support or expand opportunities for load-serving entities to modify their hourly resource adequacy obligations through load management, and would authorize the Energy Commission to include its findings and recommendations in its integrated energy policy report.
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent
Calendar. (Ayes 18. Noes 0.)
(April 23). Re-referred to Com. on
APPR.
AB 61 Pacheco Electricity and natural
gas: legislation imposing
mandated program and
requirements: third-party
review.
Programs This bill would request the office to establish, by January 1, 2027, a program to, upon request of the Legislature, analyze legislation that would establish a mandated requirement or program or otherwise affect electrical or gas ratepayers, as specified. The bill would request the office to develop and implement conflict-of-interest provisions that would prohibit a person from participating in an analysis for which the person knows or has reasons to know that the person has a financial interest. The bill would establish the Energy Programs Benefit Fund in the State Treasury and continuously appropriate the moneys in the fund to the office to support the work of the office in providing analyses under the bill.
The bill would repeal these provisions on January 1, 2031.
In committee: Set, first hearing.
Referred to suspense file.
AB 99 Ta Electrical corporations:
rates.
Affordability This bill would prohibit an electrical corporation from proposing a rate increase above the rate of inflation as defined, as a systemwide average for any general rate case cycle, except the bill would expressly authorize the commission to approve a rate increase above the rate of inflation if the commission determines that the costs underlying the rate increase are directly related to safety enhancements and modernization or to higher commodity or fuel costs.
In committee: Set, first hearing.
Referred to suspense file.
AB 222 Bauer-Kahan Data centers: energy
usage reporting and
modeling.
Data Centers This bill would require the Energy Commission to require operators of data centers to annually report energy consumption and performance data, as specified. The bill would require the Energy Commission to include energy consumption trends for data centers in its integrated energy policy reports. The bill would require the Energy Commission to adopt energy efficiency performance standards, as described, for data centers. The bill would require the Energy Commission to adopt regulations to implement these requirements on or before January 1, 2027.
From committee: Amend, and do
pass as amended and re-refer to
Com. on APPR. (Ayes 10. Noes
1.) (May 1).
Medium Priority
AB 267 Macedo Greenhouse Gas
Reduction Fund: high-speed rail: water
infrastructure and wildfire
prevention
GGRF This bill would suspend the appropriation to the High-Speed Rail Authority for the 2026–27 and 2027–28 fiscal years and would instead require those amounts from moneys collected by the state board to be transferred to the General Fund. The bill would specify that the transferred amounts shall be available, upon appropriation by the Legislature, to augment funding for water infrastructure and wildfire prevention.
Referred to Coms. on TRANS. and
NAT. RES.
AB 273 Sanchez Greenhouse Gas
Reduction Fund: high-speed rail: infrastructure
improvements
GGRF This bill would eliminate the continuous appropriation of 25% of the annual proceeds of the Greenhouse Gas Reduction Fund to the High-Speed Rail Authority on June 30, 2026. The bill, beginning with the 2026–27 fiscal year, would instead require 25% of the annual proceeds of the Greenhouse Gas Reduction Fund to be transferred to the General Fund and for those moneys, upon appropriation, to be used to augment funding provided to local governments to improve infrastructure.
Referred to Coms. on TRANS. and
NAT. RES.
AB 275 Petrie-Norris Office of Emergency
Services: wildfire aerial
response: program
Wildfires This bill would require the Office of Emergency Services, in consultation with the Department of Forestry and Fire Protection, to establish, on or before December 31, 2026, a working group to evaluate and develop recommendations for implementing a wildfire aerial response program to provide year-round, 24 hours per day, 7 days per week, rapid aerial suppression capabilities. The bill would require the working group to consider specified elements to ensure effective statewide aerial wildfire suppression and to develop recommendations, including whether the program should be implemented as a pilot program, a full-scale statewide initiative, or if implementation is not recommended based on feasibility findings. The bill would require the Director of Emergency Services, in consultation with the department, to appoint members to the working group who are familiar with wildfire aviation response programs, as provided. The bill would require the working group to report its findings and implementation recommendations to the Assembly Committee on Emergency Management and the Senate Committee on Governmental Organization on or before December 31, 2027, as provided.
In committee: Set, second
hearing. Hearing canceled at the
request of author.
AB 286 Gallagher Electricity: mandatory
rate reduction.
Rates This bill would require the commission to generate a report outlining recommendations to decrease the kilowatt-per-hour rate for electricity charged to ratepayers by not less than 30% by January 1, 2027. The bill would require the commission, in making those reduction recommendations, to take certain actions, as specified.
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent
Calendar. (Ayes 18. Noes 0.)
(April 30). Re-referred to Com. on
APPR.
Medium Priority
AB 305 Arambula Energy: nuclear facilities Nuclear Power This bill would exempt small modular reactors, as defined, from those provisions. This bill would require the PUC, on or before January 1, 2028, to adopt a plan to increase the procurement of electricity generated from nuclear facilities and to phase out the procurement of electricity generated from natural gas facilities.
In committee: Hearing
postponed by committee.
AB 368 Ward Energy: building
standards: passive house
standards
Building Standards This bill would require the commission to evaluate the passive house energy efficiency standards, and, if appropriate, adopt those standards, or any elements that align with the state’s existing requirements, as an alternative compliance pathway for the building efficiency standards established by the Energy Commission.
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent
Calendar. (Ayes 14. Noes 0.)
(April 21). Re-referred to Com. on
APPR.
AB 388 Rogers Electricity Electrical
Corporations
This bill would revise the definition of “electrical corporation” to exclude a corporation or person employing certain solar or wind generating technology if electricity is transmitted exclusively and directly through private electrical lines to a single facility owned by a different corporation or person that uses the electricity only for new load, not for departing load, and for an electrolytic hydrogen production facility, as defined, or a facility using the electricity to provide industrial process heat, or both.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 18.
Noes 0.) (April 30). Re-referred to
Com. on APPR.
AB 420 Petrie-Norris Public Utilities
Commission:
proceedings
CPUC This bill would authorize an interested person to submit a written ex parte communication during a quiet period if the commission modifies, rather than materially modifies, a proposed decision. The bill would require each public utility, as a part of its general rate case, to report all transactions performed pursuant to this exemption, enumerated by date, value, location, and party.
Re-referred to Com. on APPR.
AB 434 DeMaio Construction and safety
standards: battery
storage facilities
Battery Storage This bill would prohibit, until January 1, 2028, a public agency from authorizing the construction of a battery energy storage facility, as defined. The bill would require the State Fire Marshal, on or before January 1, 2028, to adopt guidelines and minimum standards for the construction of a battery energy storage facility to prevent fires and protect nearby communities from any fire hazard posed by the facility.
The bill would require a public agency, when authorizing the construction of a battery energy storage facility on or after January 1, 2028, to require the facility to meet the guidelines and minimum standards adopted by the State Fire Marshal or more stringent guidelines and minimum standards as determined appropriate by the public agency.
In committee: Set, first hearing.
Referred to suspense file.
Medium Priority
AB 441 Hadwick Wildfire prevention:
Office of Wildfire
Technology Research and
Development: wildfire
mitigation program
Wildfires Would repeal provisions related to the Office of Wildifre Technology Research and Development. In committee: Set, first hearing.
Referred to suspense file.
AB 443 Bennett Energy Commission:
integrated resource policy
report: curtailed solar and
wind generation:
hydrogen production
Hydrogen This bill would require the Energy Commission, as part of the 2027 edition of the integrated energy policy report and each edition thereafter, and contingent upon an appropriation for this purpose, to include an assessment of funding needs for port infrastructure for offshore wind energy development, as specified.
The bill would require the Energy Commission, in consultation with specified entities, to include in the assessment any federal, state, and local funding opportunities, including general obligation bonds and funding from the private sector, that can help build port infrastructure for offshore wind energy development.
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent
Calendar. (Ayes 14. Noes 0.)
(April 21). Re-referred to Com. on
APPR.
AB 472 Rogers and
Connolly
Energy: offshore wind
generation
Offshore Wind This bill would amend the definition of “infrastructure” described above to include port infrastructure for offshore wind energy development, and would require the 5-year infrastructure plan to include, beginning in the 2027–28 fiscal year, and contingent upon an appropriation for this purpose, an assessment of funding needs for port infrastructure for offshore wind energy development, as specified. The bill would require the Governor, in consultation with specified entities, to assess federal, state, and local funding opportunities, including general obligation bonds and funding from the private sector, that can help build port infrastructure for offshore wind energy development.
Re-referred to Com. on APPR.
AB 615 Davies Power facilites:
emergency response and
action plan
Power Facilities This bill would require that those applications also contain emergency response and action plans, to be paid for by the applicant, that incorporate impacts to the surrounding areas in the event of an emergency and that would be conducted and coordinated with local emergency management agencies, unified program agencies, and local first response agencies. The bill would require that applications for an energy storage system also contain emergency response and action plans, to be paid for by the applicant, and that the plan plans include analysis and feedback from the local emergency management agencies as to whether the proposed facilities require supplemental first responder capabilities and meet National Fire Protection Association 855 Standard as it relates to setbacks, as specified.
From committee: Amend, and do
pass as amended and re-refer to
Com. on APPR. with
recommendation: To Consent
Calendar. (Ayes 18. Noes 0.)
(April 30).
Medium Priority
AB 705 Boerner Public Utilites Comission:
Independent Office of
Audits and Investigations
CPUC This bill would delete the provision providing for the appointment of the chief internal auditor and instead provide that, effective January 1, 2026, the internal audit unit of the commission and its staff are transferred to the Independent Office of Audits and Investigations, which the bill would establish within the commission, as specified. The bill would provide for the appointment and removal of the director of the office, who would have the title of Inspector General. The bill would require that the office have access and authority to examine all records, files, documents, accounts, reports, correspondence, or other property of the commission, public utilities, and other entities regulated by the commission, as specified.
The bill would require the Inspector General to report to the Governor and the Legislature, as provided.
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent
Calendar. (Ayes 18. Noes 0.)
(April 23). Re-referred to Com. on
APPR.
AB 716 Carillo Fire safety standards:
hydrogen facilities
Hydrogen This bill would require the State Fire Marshal to adopt the National Fire Protection Association Hydrogen Technologies Code (NFPA 2) as the statewide fire safety standards and guidelines for hydrogen production, storage, and distribution facilities. The bill would authorize local governments, in consultation with the State Fire Marshal, to adopt more stringent fire safety standards than the statewide fire safety standards, based on unique local hazards and risks. The bill would require the State Fire Marshal to appoint a hydrogen fire expert, with specified duties. The bill would require the State Fire Marshal to provide ongoing training to local fire departments and building inspectors, as specified.
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent
Calendar. (Ayes 18. Noes 0.)
(April 30). Re-referred to Com. on
APPR.
AB 729 Zbur Public utilities: climate
credits
Climate Credits This bill would require that the electric California Climate Credit be provided to residential, small business, and emissions-intensive trade-exposed retail customers in of electrical corporations on the bills of those customers for the months of August and September of each year unless otherwise directed by the commission, as specified. The bill would require that the natural gas California Climate Credit be provided to residential customers on the bills of those customers for the month of February of each year unless otherwise directed by the commission, as specified.
From committee chair, with
author's amendments: Amend,
and re-refer to Com. on U. & E.
Read second time and amended.
AB 737 Qurik-Silva Energy: building
decarbonization: notice
and recordation of a
decarbonization charge
Decarbonization This bill would additionally add gas corporations to the definition of “energy supplier” for purposes of the above-described provisions.
Read second time. Ordered to
Consent Calendar.
Medium Priority
AB 738 Tangipa and
Patterson
Energy: building
standards: photovoltaic
requirements
Building Standards This bill would, until January 1, 2029, require residential construction intended to repair, restore, or replace a residential building damaged or destroyed as a result of a disaster in an area in which a state of emergency has been proclaimed by the Governor to comply only with the requirements regarding photovoltaic systems pursuant to those regulations, if any, that were in effect at the time the damaged or destroyed building was originally constructed and would prohibit that construction from being required to comply with any additional or conflicting photovoltaic system requirements in effect at the time of repair, restoration, or replacement. The bill would only apply to the construction of a building if certain conditions are met with respect to the building owner’s income and insurance coverage, and to the location and square footage of the construction.
Read second time. Ordered to
third reading.
AB 740 Harabedian Integrated energy policy
report: virtual power
plants
VPP This bill would require the Energy Commission, on or before November 1, 2026, to adopt a virtual power plant deployment plan. The bill would require the Energy Commission, in developing the plan, to take certain actions, and would require that the plan meet specified requirements. The bill would require the plan adopted pursuant to these provisions to be included in the above-described integrated energy policy report.
Re-referred to Com. on APPR.
AB 745 Irwin Electricity: clean energy
transmission projects:
utility infrastructure
undergrounding:
financing.
Transmission Projects The act makes $850,000,000 available, upon appropriation by the Legislature, for clean energy projects.
Of these funds, the act makes $325,000,000 available, upon appropriation by the Legislature, to the California Infrastructure and Economic Development Bank, the State Energy Resources Conservation and Development Commission, or any other entity chosen by the Legislature for the public financing of clean energy transmission projects that are necessary to meet the state’s clean energy goals to reduce or offset ratepayer costs associated with the public benefits of transmission projects, as provided. Existing law authorizes preference to be given to projects that provide multiple benefits, including, but not limited to, reducing the risk of wildfire, reducing reliance on fossil fuel plants in disadvantaged communities, and reducing rate pressure, as provided. This bill would authorize an appropriation by the Legislature of funds not provided for by the act to be made and allocated to the entity chosen by the Legislature, as described above, to further facilitate the public financing of clean energy transmission projects.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 11.
Noes 4.) (April 30). Re-referred to
Com. on APPR.
Medium Priority
AB 777 Rodriguez Food assistance:
disasters: utilities.
Data Sharing This bill would require electrical corporations, gas corporations, water corporations, and local publicly owned electric utilities to respond to data requests from the department, and would require the commission to establish any memoramdum memorandum of understanding or other data sharing agreements agreement necessary to direct those utilities to provide data to the department to maximize food assistance, as provided. The bill would require the department to maximize the amount of assistance requested and received through D-SNAP and all other federally funded nutrition assistance, including utilizing that provided utility data, in order to timely seek automated mass replacement of specified federally funded nutrition assistance programs. The bill would require the department, on or before December 31, 2026, to submit a report to the Legislature related to food assistance, as specified.
Read second time and amended.
AB 825 Petrie-Norris Public Transmission
Financing Act of 2025
Public Financing This bill would create the Public Transmission Financing Fund within the State Treasury for the purpose of financing eligible transmission projects, as defined, that are necessary to meet the state’s clean energy goals to reduce or offset ratepayer costs associated with the public benefits of transmission projects. The bill would state the intent of the Legislature to enact subsequent legislation that would appropriate $325,000,000 from the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Fund to the Public Transmission Financing Fund. The bill would make the moneys in the fund, except as specified, continuously appropriated, without regard to fiscal year, for the support of eligible entities, as defined, and available for expenditure for the above-described purpose. By establishing a continuously appropriated fund, the bill would make an appropriation.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 18.
Noes 0.) (April 30). Re-referred to
Com. on APPR.
AB 841 Patel State Fire Marshal:
personal protective
equipment: fires
Battery Storage This bill would require the State Fire Marshal, in consultation with the Division of Occupational Safety and Health, to develop a working group with specified membership to make recommendations regarding personal protective equipment used in responding to lithium-ion battery fires. The bill would require, at a minimum, the working group to review, and for the purpose of making the recommendations to consider, the latest personal protective equipment to limit exposure to lithium and other heavy metals, technology to clean personal protective equipment, whether different types of personal protective equipment should be used for different types of lithium-ion battery fires, and current decontamination practices at the fire scene, as specified. The bill would require the recommendations to be submitted to the Legislature on or before September 1, 2026.
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent
Calendar. (Ayes 7. Noes 0.) (April
23). Re-referred to Com. on
APPR.
Medium Priority
AB 864 Ward Hazardous waste: solar
photovoltaic modules
Solar Panel Recycling This bill would exempt solar photovoltaic modules not identified as hazardous waste and treated, except as provided, as universal waste, as defined, from state hazardous waste regulations, if transferred to a designated recycler for legitimate recycling, as described, and if the facility meets specified criteria relating to registration permits, as provided. The bill would make the universal waste designation applicable to a solar photovoltaic module that is intended for recycling and cannot otherwise be resold, reused, or refurbished only until the department adopts regulations implementing alternative management standards for solar photovoltaic modules. The bill would also designate a solar photovoltaic module that can be resold, reused, or refurbished as surplus material. The bill would make a conforming change.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7.
Noes 0.) (April 29). Re-referred to
Com. on APPR.
AB 884 Essayli Campaign contributions:
investor-owned utilities
IOU This bill would prohibit an investor-owned utility from making a contribution to a candidate for elective state office and would prohibit a candidate for elective state office from accepting a contribution from an investor-owned utility.
In committee: Hearing
postponed by committee.
AB 915 Petrie-Norris Clean Energy Reliability
Investment Plan: clean
energy project siting and
permitting.
Clean Energy
Reliability Investment
Plan
This bill would state the intent of the Legislature to enact subsequent legislation to appropriate $900,000,000 from the General Fund to the Energy Commission for the 2025–26 fiscal year to be allocated for the Clean Energy Reliability Investment Plan for local incentive grants to increase investment in clean energy infrastructure.
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent
Calendar. (Ayes 18. Noes 0.)
(April 30). Re-referred to Com. on
APPR.
Medium Priority
AB 942 Calderon Net energy metering:
eligible customer-generators: tariffs.
NEM This bill would provide that, on and after July 1, 2026, an eligible customer-generator that has taken service pursuant to NEM 1.0 or 2.0 for 10 or more years is no longer entitled to take service under that contract or tariff. The bill would require that eligible customer-generator to take service under the then-current applicable tariff adopted by the commission after December 1, 2022, disqualify that eligible customer-generator from eligibility for the avoided cost calculator plus glide path, as specified, and would require the eligible customer-generator to pay all nonbypassable charges that are applicable to customers that are not eligible customer-generators. This bill would, on and after January 1, 2026, for a customer that becomes a new eligible customer-generator by purchasing real property that contains a renewable electrical generation facility upon which a prior eligible customer-generator took service, require the new eligible customer-generator to take service under the then-current applicable tariff adopted by the commission after December 1, 2022, would disqualify the new eligible customer-generator from eligibility for the avoided cost calculator plus glide path, as specified, and would require the new eligible customer-generator to pay all nonbypassable charges that are applicable to customers that are not eligible customer-generators.
From committee: Amend, and do
pass as amended and re-refer to
Com. on APPR. (Ayes 10. Noes
5.) (April 30).
AB 1016 Gonzalez Power facility and site
certifications: thermal
powerplants: geothermal
resources
Geothermal This bill would additionally authorize the commission to exempt from the certification requirement, only until January 1, 2030, a thermal powerplant that generates electricity using geothermal resources and meets specified criteria, including that a person proposing an eligible thermal powerplant files an application on or before June 30, 2029, for certification with the local governmental agency that has land use and related jurisdiction over the area in which the powerplant is located to certify the site and related facility, and that the powerplant has a generating capacity of up to 150 megawatts, or that modifications are being made to a thermal powerplant that generates electricity using geothermal resources that do not add capacity in excess of 150 megawatts. Upon the commission granting an exemption, the bill would require the local governmental agency to be the lead agency to certify the site and related facility, as provided. The bill would make the local governmental agency that has land use and related jurisdiction over the area of the proposed site and related facility the lead agency pursuant to CEQA for any project that the commission exempts from the certification requirement and that generates electricity using geothermal resources as provided.
Re-referred to Com. on NAT. RES.
Medium Priority
AB 1017 Boerner Energy: electrical and gas
corporations: general rate
cases.
General Rate Cases This bill would require an electrical corporation or gas corporation, as a part of its general rate case, to provide to the commission certain information, including, among other things, the authorized and actual rate of return and return on equity for the past 10 years and projects related to the corporation’s distribution capacity that include the forecast submitted in the prior general rate case of the corporation.
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent
Calendar. (Ayes 18. Noes 0.)
(April 23). Re-referred to Com. on
APPR.
AB 1020 Schiavo Public utilities: energy:
nontraditional funding:
reporting
IOU This bill would require each utility, defined as an investor-owned electrical corporation or gas corporation, to report certain information for any taxpayer funding, as defined, that the utility has applied for or received. The bill would require the commission, for each application in which a utility is seeking ratepayer funding, to require the utility to report all relevant taxpayer funding the utility is pursuing or has secured, and, if the commission determines that a utility is not in compliance with that requirement, the bill would authorize the commission to impose a penalty against the utility, as specified. The bill would require the commission to require each utility to promptly deliver the financial benefits of taxpayer funding to ratepayers, as provided.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 15.
Noes 2.) (April 23). Re-referred to
Com. on APPR.
AB 1104 Pellerin Smarll Business
Renewable Energy
Access and Protection
Act
Solar Existing law provides for various enforcement mechanisms related to ensuring a contractor pays each construction worker the prevailing rate of per diem wages, and provides that an enforcement of a willful violation of any of these mechanisms against a contractor for the construction of a renewable electrical generation facility disqualifies that facility from eligibility being eligible to receive service pursuant to NEM
1.0, NEM 2.0, or the net billing tariff. This bill instead would make a renewable electrical generation facility eligible to receive service pursuant to NEM 1.0, NEM 2.0, or the net billing tariff despite enforcement of a willful violation against a contractor for the construction of the facility, as described above, if restitution has been made to the affected workers and all associated penalties and fines have been paid.
From committee: Amend, and do
pass as amended and re-refer to
Com. on APPR. with
recommendation: To Consent
Calendar. (Ayes 18. Noes 0.)
(April 30).
AB 1117 Schultz Electricity rates: optional
dynamic rate tariffs
Rates This bill would require the commission, through a new or existing proceeding, to develop optional dynamic rate tariffs applicable to each large electrical corporation for the large electrical corporation’s commercial and industrial customers on or before July 1, 2028, and for its other customers, including residential customers, on or before July 1, 2030. The bill would require each optional dynamic rate tariff to include, at minimum, specified components, including dynamic transmission and distribution rates that reflect real-time grid conditions and certain nonbypassable charges, as specified.
In committee: Set, first hearing.
Referred to suspense file.
Medium Priority
AB 1156 Wicks Solar-use easements:
suspension of Williamson
Act contracts: terms of
easement: termination.
Solar This bill would revise these provisions to authorize the Department of Conservation to determine that a parcel is eligible for suspension, as described above, upon the request of the landowner, instead of a request from a county or city, and would require the department to additionally make that determination in consultation with any applicable groundwater sustainability agency or services. The bill would revise the eligibility criteria for a parcel to be deemed eligible under these provisions by (1) additionally authorizing land for which there are or will be insufficient surface water or groundwater rights associated with the land to support commercially viable irrigated agricultural use; (2) deleting the requirement that the land not be located on lands designated as prime farmland, unique farmland, or farmland of statewide importance; and (3) additionally requiring that the land meet certain additional requirements relating to the land’s historical use as cropland and whether it is encumbered by a conservation easement or enrolled in a land conservation program, as specified. The bill would also require the Department of Conservation to issue its determination of eligibility within 120 days following submission of a completed application package, and would deem any application not rejected within this 120-day period to be approved.
From committee: Amend, and do
pass as amended and re-refer to
Com. on APPR. (Ayes 6. Noes 1.)
(April 30).
AB 1167 Berman Electrical corporations
and gas corporations:
rate recovery: political
activities and promotional
advertising.
IOUs This bill would prohibit, except as provided, an electrical corporation or gas corporation from recording various expenses associated with political influence activities, as defined, or with promotional public messages, as defined, to accounts that contain expenses that the electrical corporation or gas corporation recovers from ratepayers. The bill would require electrical corporations and gas corporations to clearly and conspicuously disclose in all of its public messages whether the costs of the advertising are paid for by the corporation’s shareholders or ratepayers. The bill would require an electrical corporation or gas corporation, on or before April 30, 2026, and annually thereafter, to provide the commission with a report of expenses from the previous calendar year and would require that, for each business unit of the corporation that performs work associated with political influence activities or promotional advertising, the report contain specified information. The bill would require the commission to make the report publicly available and would authorize the commission to redact information that the commission deems to be confidential in the report.
From committee: Amend, and do
pass as amended and re-refer to
Com. on APPR. (Ayes 13. Noes
0.) (April 30).
Medium Priority
AB 1173 Patterson Public Utilities
Commission:
organization
IOU/CPUC This bill would prohibit a staff member who moves from the Public Advocate’s Office of the Public Utilities Commission to the commission from working on any matter that the staff member participated in while employed at the office.
From committee: Amend, and do
pass as amended and re-refer to
Com. on APPR. (Ayes 18. Noes
0.) (April 30).
AB 1174 Alanis Clean Transportation
Program: eligible
programs and projects:
electrical vehicle
charging stations:
vandalism deterrence
EVSE This bill would add to the categories of programs and projects eligible for funding under the Clean Transportation Program programs and projects to deter and combat vandalism of publicly available electric vehicle charging stations.
Referred to Com. on TRANS.
AB 1176 Flora Energy: renewable energy
resources programs
Energy Spot Bill In committee: Hearing
postponed by committee.
AB 1182 Irwin State Energy Resources
Conservation and
Development
Commission: report:
electrical grid
infrastructure
manufacturing
Transmission and
Distribution
Manufacturing
This bill would require the commission to prepare and submit a report, on or before July 1, 2026, to the Governor and the Legislature regarding the status of electrical transmission and distribution grid infrastructure manufacturing in this state.
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent
Calendar. (Ayes 18. Noes 0.)
(April 23). Re-referred to Com. on
APPR.
AB 1191 Tangipa California Renewables
Portfolio Standard
Program: hydroelectric
generation.
RPS/Hydro This bill would revise the definition of an eligible renewable energy resource for the purposes of the California Renewables Portfolio Standard Program to include all hydroelectric generating facilities and would make conforming changes.
In committee: Set, first hearing.
Failed passage. Reconsideration
granted.
AB 1207 Irwin Climate change: market-based compliance
mechanism: price ceiling
Cap-and-Trade This bill would require the state board to instead consider the full social cost associated with emitting a metric ton of greenhouse gases, as determined by the United States Environmental Protection Agency in November 2023.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 11.
Noes 0.) (April 28). Re-referred to
Com. on APPR.
Medium Priority
AB 1222 Bauer-Kahan Public utilities: judicial
review
IOUs This bill would prohibit the commission from authorizing electrical or gas corporations to recover from their ratepayers the costs associated with seeking judicial review of a commission decision by a state or federal court or requesting relief from a commission decision at a federal agency. The bill would require the electrical and gas corporation to track those costs.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 9.
Noes 3.) (April 29). Re-referred to
Com. on APPR.
AB 1228 Essayli Electricity: expedited
utility distribution
infrastructure
undergrounding program
Infrastructure This bill would specify that the approval of a distribution infrastructure undergrounding plan is not a project for purposes of the California Environmental Quality Act, as specified.
Referred to Coms. on U. & E. and
NAT. RES.
AB 1238 DeMaio California Energy
Consumer Freedom Act
Electrification This bill, the California Energy Consumer Freedom Act, would prohibit state agencies and local governments from adopting or enforcing a rule, regulation, resolution, or ordinance that directly or indirectly results in prohibiting the use of gas appliances in residential or nonresidential buildings, and the buying, selling, or use of gasoline-powered vehicles or equipment.
Re-referred to Com. on U. & E.
Medium Priority
AB 1260 Ward Electricity: renewable
energy subscription
programs
Community
Renewables
This bill would revise and recast the requirements for the customer renewable energy subscription program to, among other things, specify that the avoided costs include certain avoided cost values. The bill would impose additional requirements that the program is required to meet, including requiring facilities participating in the program to have no more than 5 megawatts of generation capacity and no more than 5 megawatts of storage, and capping the total program capacity at 5 gigawatts or ending program subscription after 7 years, when either limit is first reached. The bill would require the PUC, on or before September 1, 2026, to adopt or modify the community renewable energy program to ensure consistency with certain requirements, as provided. The bill would require each community choice aggregator and electric service provider, within 180 days of the adoption or modification of the program, to notify the PUC regarding whether it will participate in the program. The bill would authorize a community choice aggregator or electric service provider to begin participating in, or end its participation in, the program at any time by notifying the PUC. The bill would require the PUC, beginning 2 years from the adoption or modification of the program, to evaluate the program to ensure consistency with the program’s requirements and would require the PUC to authorize the termination or modification of the program if the PUC determines that the program does not meet those requirements. The bill would require the State Energy Resources Conservation and Development Commission (Energy Commission) to evaluate community solar and storage projects as a load-modifying resource so that those projects may be counted as a load-modifying resource. The bill would require the Energy Commission to undertake the evaluation and issue a determination on or before September 1, 2026, as provided.
Re-referred to Com. on APPR.
AB 1273 Patterson Public utilities: electricity
rates
Rates This bill would prohibit the commission from placing the consideration of an application from an electrical corporation for a rate increase on its consent calendar.
Read second time. Ordered to
Consent Calendar.
AB 1280 Garcia Energy Energy This bill would authorize the I-bank to provide financial assistance in connection with the financing or refinancing of a new category of climate catalyst projects, those that enable the decarbonization of industrial facilities’ use of heat and power, including, but not limited to, industrial heat pump and thermal energy storage projects, as specified, with the State Energy Resources Conservation and Development Commission and the State Air Resources Board as consulting agencies. This bill would establish and implement an Industrial Facilities Thermal Energy Storage Program within the Long-Duration Energy Storage Program to provide financial incentives for eligible projects to decarbonize industrial facilities’ use of heat and power, as specified.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 13.
Noes 0.) (April 28). Re-referred to
Com. on APPR.
Medium Priority
AB 1285 Committee on
Emergency
Management
State Fire Marshal:
lithium-ion battery
facilities: guidance
Battery Storage This bill would require the State Fire Marshal, in consultation with the Office of Emergency Services, to develop fire prevention, response, and recovery measures for utility grade lithium-ion battery storage facilities, as specified.
In committee: Set, first hearing.
Referred to suspense file.
AB 1295 Patterson Public utilities: bills and
notices: consolidation
and transparency
Billing This bill would require the commission, on or before June 1, 2026, to evaluate all customer billing and noticing requirements existing on January 1, 2026, that apply to gas or electric utilities, and to identify and consider potential avenues to consolidate and enhance billing transparency, including avenues that clearly show the source and value of each charge within each customer’s bill, as specified, and use the most cost-effective communications channels, as provided. The bill would authorize the commission to seek and consider input from utilities and other relevant stakeholders to inform its evaluation and identification and consideration of potential avenues to consolidate notices and enhance billing transparency.
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent
Calendar. (Ayes 18. Noes 0.)
(April 30). Re-referred to Com. on
APPR.
AB 1301 Petrie-Norris Electricity: Power
Exchange
Power Exchange This bill would abolish the Power Exchange and would make various conforming changes. In committee: Hearing postponed by committee.
AB 1302 Wallis Electricity: customer
generators: departing
load charges.
Departing Load This bill would require the commission, until December 31, 2031, to study and design a new system for allowing electrical customers of electrical corporations, community choice aggregators, local publicly owned electric utilities, and electrical cooperatives to generate their own electricity on their commercial or residential sites. The bill would require the commission, in designing the new system, to ensure all electrical customers are treated fairly, increase transparency in the calculation and application of departing load charges, promote the development and integration of renewable energy sources, support the state’s clean energy goals, consider the benefits of customer-generated energy, and provide a mechanism for stakeholder input, as provided. The bill would require the commission, on or before December 31, 2027, to submit a report to the Legislature detailing the proposed new process for departing load charges and any recommendations for legislative action.
Re-referred to Com. on U. & E.
AB 1334 Wallis Solar energy: official state
energy
Solar This bill would establish solar energy as the official state energy. In committee: Hearing postponed by committee.
Medium Priority
AB 1342 Soria Public Utilities
Commission: energy
efficiency programs:
report.
Programs Existing law requires the Public Utilities Commission, on or before December 31, 2018, and biennially thereafter, as part of a specified report, to identify and report to the Legislature on electrical and gas corporation ratepayer-funded energy efficiency programs that are similar to programs administered by the State Energy Resources Conservation and Development Commission, the State Air Resources Board, and the California Alternative Energy and Advanced Transportation Financing Authority. This bill would instead require the commission to identify and report to the Legislature on those programs on an annual basis.
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent
Calendar. (Ayes 18. Noes 0.)
(April 30). Re-referred to Com. on
APPR.
AB 1347 Carrillo Electrical modernization
zones
Electrical
modernization zones
This bill would require the Governor’s Office of Business and Economic Development, in conjunction with the ISO, to identify six electrical infrastructure modernization zones, as provided. The bill would require the PUC and the Energy Commission to recognize these zones as load growth priority areas. The bill would authorize an electrical corporation that serves a customer within an electrical infrastructure modernization zone to work with the local jurisdiction to update its electrical load projections. The bill would require the PUC to authorize an electrical corporation that serves a customer within an electrical infrastructure modernization zone to expedite cost recovery and to manage microgrids, as specified.
In committee: Set, first hearing.
Hearing canceled at the request
of author.
AB 1372 Papan Renewable electrical
generation facilities:
electrified commuter
railroads: regenerative
braking: net billing
Rates This bill would, upon an electrical corporation, electric service provider, or community choice aggregator and an operator of an electrified commuter railroad that produces electricity through the regenerative braking of electric trains, including the Peninsula Corridor Joint Powers Board, completing certain technical studies, require the electrical corporation, electric service provider, or community choice aggregator to adopt or modify a net billing contract or tariff that is approved by the commission or the appropriate rate approving entity, as provided. The bill would require that contract or tariff to, among other things, require the supplier or distributor to apply bill credits for the electricity exported to the electrical grid based on its value, as specified. The bill would require the load-serving entity responsible for the delivery of electricity to provide, or install at its cost, if necessary, metering that records and documents electricity imports and exports, as specified.
In committee: Hearing
postponed by committee.
Medium Priority
AB 1404 Ortega Electrical Corporations:
connections: affordable
housing projects
Rates This bill would require an electrical corporation to connect an affordable housing project, as defined, to the electrical distribution grid within 60 days, except as specified. The bill would require the commission to streamline any necessary review on an affordable housing project that is ready to connect but sitting vacant and that has not been connected by an electrical corporation within the required 60 days. The bill would delay the effective date of a rate increase approved by the commission for the greater of either the amount of time the electrical corporation took, beyond 90 days from receipt of the project building plans, to provide a final contract, or the amount of time the electrical corporation took, beyond the 60 days allowed, to connect the most recently completed affordable housing project within the electrical corporation’s service area.
In committee: Hearing
postponed by committee.
AB 1408 Irwin Electricity:
interconnections
Interconnections This bill would require each electrical corporation, and each local publicly owned utility with an annual electrical demand exceeding 700 gigawatthours, to require the evaluation of surplus interconnection options and to consider surplus interconnection options, for purposes of its integrated resource plan.
From committee: Amend, and do
pass as amended and re-refer to
Com. on APPR. with
recommendation: To Consent
Calendar. (Ayes 18. Noes 0.)
(April 30).
AB 1410 Garcia Public utilities: service
outages and updates:
alerts
Outages This bill would require each public utility to automatically enroll customers in alerts for service outages and updates. The bill would require customers to be provided with the opportunity to opt-out of any alerts they do not wish to receive, except as provided. The bill would require each public utility to provide information on customers’ bills on how to update their preferred contact methods and to allow customers to update their contact information by email or telephone.
Referred to Com. on U. & E.
Medium Priority
AB 1423 Irwin Transportation
electrification: charging
station uptime:
regulatiosn: violations
EVSE This bill would require the above uptime recordkeeping and reporting standards, for electric vehicle chargers and charging stations installed on or after January 1, 2024, to also apply to electric vehicle chargers and charging stations that were installed with moneys from specified consent decrees among the State Air Resources Board, Volkswagen AG, and the United States Department of Justice, as specified.
The bill would additionally require the Energy Commission, in consultation with PUC, to develop, by January 1, 2027, uptime recordkeeping and reporting standards that apply to electric vehicle chargers and charging stations installed after January 1, 2018, but before January 1, 2024, that either received an incentive from a state agency or through a charge on ratepayers or were installed with moneys from specified consent decrees among the State Air Resources Board, Volkswagen AG, and the United States Department of Justice, as specified. The bill would require the Energy Commission to consider specified factors when developing these uptime recordkeeping and reporting standards.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 18.
Noes 0.) (April 30). Re-referred to
Com. on APPR.
AB 1436 Avila Farias Public Utilities
Commission: outreach.
PUC Outreach Existing law, in effect until January 1, 2020, required the Policy and Planning Division of the Public Utilities Commission to undertake one or more studies of outreach efforts undertaken by other state and federal utility regulatory bodies and make recommendations to the commission to promote effective outreach, including metrics for use in evaluating success. This bill would repeal that obsolete provision.
Re-referred to Com. on U. & E.
AB 1484 Bennett Energy reliability Spot Spot Bill Read first time.
SB 24 McNerney Electrical and gas
corporations: rates:
political influence
activities and promotional
advertising: termination
of services.
IOU This bill would prohibit, except as provided, an electrical corporation or gas corporation from recording various expenses associated with political influence activities, as defined, promotional advertising, as defined, or opposing the municipalization of electrical or gas service, to accounts that contain expenses that the electrical corporation or gas corporation recovers from ratepayers. The bill would require electrical corporations and gas corporations to clearly and conspicuously disclose in all of its advertising whether the costs of the advertising are paid for by the corporation’s shareholders or ratepayers. The bill would require an electrical corporation or gas corporation, on or before April 30, 2026, and annually thereafter, to provide the commission with a report of expenses from the previous calendar year and would require that, for each business unit of the corporation that performs work associated with political influence activities or promotional advertising, the report contain specified information. The bill would require the commission to make the report publicly available.
Set for hearing May 5.
Medium Priority
SB 58 Padilla Sales and Use Tax Law:
exemptions: certified
data center facilities
Data Centers This bill would, on and after January 1, 2026, provide a partial exemption from those taxes with respect to the gross receipts from the sale, storage, use, installation, assembly, repair, maintenance, or other consumption of data center equipment, as defined, used at or for the benefit of a certified data center facility, as defined. The bill would require a data center facility to meet specified requirements in order to receive certification from the California Department of Tax and Fee Administration, including requirements relating to job creation, investment, and renewable energy procurement requirements. The bill would require the department to revoke certification where a data center facility obtains certification and subsequently fails to meet these requirements after reasonable opportunity for the data center facility to cure noncompliance, as provided.
Set for hearing May 14.
SB 80 Caballero The Fusion Research and
Development Innovation
Hub Program.
Fusion This bill would establish the Fusion Research and Development Innovation Hub Program within the commission to accelerate the development and growth of fusion energy by advancing fusion science and technology with the goal of delivering the world’s first fusion energy pilot plant in the state by the 2040s.
The bill would require, among other things, the commission to designate fusion research and development innovation hubs representing regions of southern California, the central valley, adn the San Francisco Bay.
Set for hearing May 12.
SB 86 McNerney California Alternative
Energy and Advanced
Transportation Financing
Authority Act: sales and
use tax exclusion.
Fusion This bill would extend indefinitely the authorization to provide financial assistance in the form of a sales and use tax exclusion for projects approved by the authority. The bill would increase the maximum cumulative amount of the sales and use tax exclusions authorized under these provisions to $300,000,000 per calendar year. The bill would add electrical generation facilities using nuclear fusion technology to the types of projects qualifying for this sales and use tax exclusion. The bill would make other conforming changes.
April 7 hearing: Placed on APPR.
suspense file.
SB 88 Caballero Air resources: carbon
emissions: biomass.
Biomass This bill would require the state board, on or before January 1, 2027, to finalize the standardized system and historic baseline described above. The bill would require the state board, on or before January 1, 2028, to adopt a method of quantification or a lifecycle model for avoided carbon emissions, including, but not limited to, carbon dioxide, methane, and black carbon, from wildfire from the application of prescribed fire to forest biomass resources and agricultural biomass resources, and to develop a carbon credit or offset protocol for biochar and other beneficial carbon-removal products that result from the avoidance of megafires and prescribed fire using existing methodologies.
Set for hearing May 5.
SB 252 Valladares CEQA: exemption:
undegrounding
powerlines
CEQA This bill would exempt from the provisions of CEQA a project to underground powerlines. April 2 set for second hearing canceled at the request of
author.
Medium Priority
SB 256 Perez Electricity: infrastructure:
wildfire mitigation:
undergrounding:
emergency operations.
Infrastructure This bill would, for the description in the wildfire mitigation plan of the preventive strategies and programs to minimize the risk of its electrical lines and equipment causing catastrophic wildfires, require electrical corporations, electrical cooperatives, and local publicly owned electric utilities to include consideration of low-risk areas. The bill would require a wildfire mitigation plan to include an identification of any lapses in communication coordination during recent past emergency response events with local governments, as specified, and a description of any opportunities to collaborate with local governments, and other steps that can be taken to establish more efficient communication coordination during future emergency responses, as provided. The bill would require electrical corporations, electrical cooperatives, and local publicly owned electric utilities to conduct annual wildfire preparedness workshops in collaboration with and open to any local fire departments in their service areas to provide updates on the latest adopted wildfire mitigation plans, discuss any lapses in, and opportunities to increase efficiency of, communication coordination during emergency responses, and gather input for inclusion in the development of the next annual submission of their wildfire mitigation plans, as provided.
From committee: Do pass as
amended and re-refer to Com. on
APPR. (Ayes 14. Noes 2.) (April
29).
SB 282 Wiener Residential heat pump
systems: water heaters
and HVAC: installations
Heat Pumps This bill would require the commission, on or before January 1, 2027, to establish a statewide certification program for licensed contractors of residential heat pump water heaters and heat pump heating, ventilation, and air conditioning (HVAC) systems to obtain a heat pump installation certification, and would require the commission to create a state training program, as described, on residential heat pump water heaters and heat pump HVAC systems for purposes of the certification program, as specified.
Set for hearing May 12.
SB 285 Becker Net zero greenhouse gas
emissions goal: carbon
dioxide removal:
regulations
GHG Emissions This bill would, for the purpose of meeting, or tracking progress against, any state requirement to achieve net zero emissions of greenhouse gases,authorize only qualified carbon dioxide removal, as defined, to be used to counterbalance the state’s or an entity’s greenhouse gas emissions and would require qualified carbon dioxide removal used for those purposes to meet certain requirements, as specified.
April 21 hearing: Placed on APPR.
suspense file.
Medium Priority
SB 298 Caballero State Energy Resources
Conservation and
Development
Commission: seaports:
plan: alternative fuels
Alternative Fuels This bill would require the State Energy Resources Conservation and Development Commission (Energy Commission), in coordination with the State Lands Commission, the Transportation Agency, and the state board, to develop a plan on or before December 31, 2030, for the alternative fuel needs of oceangoing vessels at California’s public seaports that will enable the seaports to meet their emissions reduction goals. The bill would require the plan to do specified things, including, among other things, identifying barriers to permitting alternative fuel facilities at seaports and opportunities to address those barriers. The bill would require the Energy Commission to convene a working group to advise the Energy Commission on the development of information required by the plan, as specified. The bill would require the state board to provide the Energy Commission with information regarding fuels for oceangoing vessels that comply with the state board’s regulations for those vessels.
Set for hearing May 12.
SB 314 Padilla Weights and measures:
electric vehicle supply
equipment
EVSE This bill would authorize an EVSE that has been audited or tested by the manufacturer or supplier to be used commercially without further testing during the remainder of the inspection period adopted by the Secretary of Food and Agriculture, but not until it has been sealed by a sealer. The bill would, among other things, require the county sealer to ensure that certain EVSE installed before January 1, 2026, are initially placed in service and tested by a sealer on or before January 1, 2027, at no additional cost other than the registration fees paid by the EVSE owner or operator.
Set for hearing May 12.
SB 326 Becker and Laird Wildfire safety: The
California Wildfire
Mitigation Strategic
Planning Act
Wildfires This bill would require the deputy director, on or before January 1, 2027, and every 3 years thereafter, to prepare a Wildfire Risk Mitigation Planning Framework sufficient to quantitatively evaluate wildfire risk mitigation actions, as provided. The bill would require the framework to allow for geospatial evaluation and comparison of wildfire risk mitigation actions, as defined, sufficient to direct coordinated mitigation efforts and long-term collaborative mitigation planning. The bill would require the deputy director to, each year the framework is completed, submit a copy of the framework to the Legislature, the Office of Energy Infrastructure Safety, and the Public Utilities Commission for review and consideration.
Set for hearing May 5.
SB 327 McNerney Fusion energy data
centers
Fusion energy This bill would require the commission to initiate an agreement with the United States Department of Energy for the establishment of a fusion energy data center, as specified.
April 29 set for first hearing
canceled at the request of
author.
Medium Priority
SB 332 Wahab Investor-Owned Utilities
Accountability Act
IOU Oversight 1) This bill would require the Energy Commission, in coordination with the public advisor and the Public Utilities Commission (PUC), on or before March 31, 2026, to issue a request for proposals for a team to develop a study. The bill would require the study to (1) conduct a historical energy justice assessment of the investor-owned utility’s (IOU) operations and impacts, (2) complete a comparative analysis of the benefits and challenges of transitioning the IOUs to a successor entity in order to identify a recommended model, and, (3) if the study finds that it is in the best long-term interests of the people and ecologies of California to transition away from an investor-owned utility model, create a justice-centered implementation plan for managing the transition. 2) This bill would, among other things, prohibit a utility, including an electrical corporation, local publicly owned electric utility, gas corporation, and local publicly owned gas utility, from disconnecting a customer’s residential service for nonpayment if the customer has a household income at or below 200% of the federal poverty line. The bill would prohibit a utility from disconnecting a customer’s residential service for nonpayment if the customer’s household is the residence of certain persons, including, among other persons, a person who is pregnant or 0 to 12 weeks postpartum. 3) This bill would require each electrical corporation, on or before April 1, 2026, to submit a proposed executive compensation structure to the PUC that is structured to promote safety as a priority and to ensure public safety through performance metrics, as provided. 4) This bill would prohibit, for proposed rate increases subject to PUC approval and a finding that the new rate is just and reasonable, an electrical corporation from proposing a compounded annual rate increase on residential customers above the increase in the Consumer Price Index. 5) Beginning with the fiscal year commencing July 1, 2026, and ending with the fiscal year ending June 30, 2036, this bill would require the PUC to annually allocate $100,000,000 of the revenues received by the electrical corporations from that allocation of greenhouse gas allowances to the Transformative Climate Communities Program and to the Community Resilience Center Program, as specified. 6) This bill would require each electrical corporation to annually contract with an independent and reputable third party to audit all of the electrical corporation’s equipment and electrical lines and identify any equipment or electrical lines that have outlived their useful life.
Set for hearing May 5.
SB 348 Hurtado State Air Resources
Board: Low-Carbon Fuel
Standard
LCFS This bill would require the state board, beginning no later than January 31, 2026, to reconsider and revise the Low Carbon Fuel Standard to reduce the program’s financial burden on drivers in the state, including by taking specified actions.
From committee: Do pass as
amended and re-refer to Com. on
APPR. (Ayes 6. Noes 0.) (April
30).
Medium Priority
SB 377 Grayson Biomethane procurement
targets
Biomethane This bill would instead require that biomethane delivered to California through a common carrier pipeline meet either of the specified requirements, rather than both. The bill would also additionally add the displacement of conventional natural gas that results in a reduction in greenhouse gas emissions as one of the specified environmental benefits.
April 7 set for first hearing
canceled at the request of
author.
SB 500 Stern Electrical corporations:
performance metrics and
incentives.
IOUs This bill would require the commission to evaluate performance metrics and financial performance-based incentives to identify mechanisms that may serve to better align electrical corporation operations, expenditures, and investments with delivering safe and reliable electrical service and achieving public policy goals, while minimizing costs for ratepayers. The bill would require the commission to prioritize performance metrics and financial performance-based incentives that can reduce electrical corporations’ preference for investments that can be added to their ratebase and instead encourage electrical corporations to propose the most cost-effective solutions for providing safe and reliable electrical service, as provided. The bill would require the commission, on or before January 1, 2028, to begin tracking one or more of the performance metrics identified, and to subsequently consider whether financial performance-based incentives linked to those performance metrics would be effective and beneficial for minimizing costs for ratepayers.
Set for hearing April 29.
SB 533 Richardson Electric vehicle charging
stations: internet based
applications
EVSE This bill would create an exception to the above-described provisions that authorizes an electric vehicle charging station to require that payment for charging services be made through the use of an internet-based application and require the use of that internet-based application for admission to the premises.
In Assembly. Read first time.
Held at Desk.
Medium Priority
SB 534 Padilla Green Empowerment
Zone for the Salton Sea
and Southeastern Desert
Valleys.
Green Empowerment
Zone
This bill, until January 1, 2035, would authorize establishment of a Green Empowerment Zone for the Salton Sea and Southeastern Desert Valleys (empowerment zone). The bill would authorize the empowerment zone to be composed of specified land and communities within the Imperial, Eastern Coachella, and Palo Verde Valleys, upon adoption of a resolution by the Imperial County Board of Supervisors, and would provide for the empowerment zone to be governed by a board of directors, as specified. The bill would task the empowerment zone with various duties, including, among other things, identification of projects and programs that will best utilize public dollars, distribute benefits to disinvested communities, and most quickly improve the economic vitality of California’s southeastern desert valleys, as specified, in a coordinated effort to support the development and equitable transition to a clean energy economy. The bill would require the board of directors, beginning on January 1, 2027, to submit an annual progress report to the Legislature and the Governor’s Office of Business and Economic Development, as specified. The bill would require the empowerment zone, commencing on January 1, 2027, as specified, to post the above-described report on its internet website and to submit a letter to the Legislature informing the Legislature that the report has been posted.
From committee: Do pass and re-refer to Com. on L. GOV. (Ayes
10. Noes 0.) (April 7). Re-referred
to Com. on L. GOV.
SB 559 Stern Electricity: deenergization
events: communications
Deenergization events This bill would require, at the start of a deenergization event, an electrical corporation to immediately notify local emergency management organizations and local utility districts about the impacts of the deenergization, as specified. The bill would require detailed status information on restoration efforts to be made available to emergency management organizations, public safety officials, customers, and the public in real-time, with regular progress updates issued at intervals of no more than 12 hours, for all impacted circuits, as specified.
Set for hearing May 5.
Medium Priority
SB 567 Limon Gravity-Based Energy
Storage Well Pilot
Program
Energy Storage This bill would, until January 1, 2035, establish the Gravity-Based Energy Storage Well Pilot Program and would authorize the supervisor to authorize the conversion of not more than 250 wells for use as gravity-based energy storage wells, as defined, to evaluate their use, including the establishment of appropriate operating conditions and physical parameters to safely generate energy. The bill would require idle wells that are authorized for use as gravity-based energy storage wells to be identified as gravity-based energy storage wells in a plan for the management and elimination of idle wells or updates to the plan required to be filed with the supervisor. The bill would require the mechanical integrity of gravity-based energy storage wells to be assessed by the Geologic Energy Management Division not less than annually. The bill would require an operator of a gravity-based energy storage well, in the event of a loss of mechanical integrity of the well or a leak to the environment, to notify the division, the State Air Resources Board, the appropriate regional water quality control board, and schools and community members within 3,200 feet of the well and to cease operation until the mechanical integrity is restored or to plug and abandon the well, as provided. The bill would require gravity-based energy storage wells to be continuously monitored for fluid leaks. The bill would specify that the authorization for wells to be used as gravity-based energy storage wells end at the termination of the pilot program. The bill would, by January 1, 2033, require the Secretary for Environmental Protection, in consultation with certain entities, to evaluate the pilot program and make recommendations to the Legislature for a framework to implement an ongoing Gravity-Based Energy Storage Well Program to regulate the operation of gravity-based energy storage wells, as provided.
Set for hearing May 12.
SB 593 Hurtado Voltage changes:
consumer protection.
Notice This bill would require the commission, on or before July 1, 2026, to require electrical corporations to adjust their consumer protections to better protect customers from significant voltage changes that can result in damage to customers’ equipment and appliances if the commission determines adjustments to the consumer protections are necessary. The bill would specify the factors that the commission would be required to evaluate when determining whether to adjust the consumer protections, as provided.
Set for hearing May 5.
Medium Priority
SB 620 Stern Energy utility data. Data This bill would require the State Energy Resources Conservation and Development Commission (Energy Commission) to create the Data Access Governance Committee, with specified membership, and would require the committee, on or before January 1, 2027, to provide initial recommendations on prescribed topics to the Energy Commission and the PUC, as specified. The bill would authorize the Energy Commission to work with certain gas corporations, electrical corporations, and local publicly owned utilities that provide gas or electrical service to enact cost-effective energy utility data programs, as specified. The bill would create, and would require the PUC and the Energy Commission to administer and enforce, the Customer Energy Utility Data Bill of Rights, with specified protections and customer rights.
April 29 set for first hearing
canceled at the request of
author.
SB 636 Menjivar Electrical or gas
corporations: deferment
of payments: hardship
Disconnections This bill would prohibit an electrical or gas corporation from disconnecting service of a customer who meets certain criteria, including making a hardship request based on certain circumstances, as provided.
The bill would require the corporation to grant that customer a 6-month deferment for any and all payments due from the date that the deferment is granted. Upon the expiration of the deferment period, the bill would require the corporation to enroll the customer into its arrearage management program for any and all debts on the customer’s account. The bill would authorize the commission to adopt rules to implement these provisions.
April 28 hearing: Placed on APPR.
suspense file.
SB 684 Menjivar Polluters Pay Climate
Superfund Act of 2025.
Climate This bill would enact the Polluters Pay Climate Superfund Act of 2025 and would establish the Polluters Pay Climate Superfund Program to be administered by the California Environmental Protection Agency to require fossil fuel polluters to pay their fair share of the damage caused by greenhouse gases released into the atmosphere during the covered period, which the bill would define as the time period between the 1990 and 2024 calendar years, inclusive, resulting from the extraction, production, refining, sale, or combustion of fossil fuels or petroleum products, to relieve a portion of the burden to address cost borne by current and future California taxpayers. The bill would require the agency, within 90 days of the effective date of the act, to determine and publish a list of responsible parties, which the bill would define as an entity with a majority ownership interest in a business engaged in extracting or refining fossil fuels that, during the covered period, did business in the state or otherwise had sufficient contact with the state, and is determined by the agency to be responsible for more than 1,000,000,000 metric tons of covered fossil fuel emissions, as defined, in aggregate globally, during the covered period.
April 22 set for first hearing
canceled at the request of
author.
Medium Priority
SB 698 McNerney California Solar Initiative:
distributed energy
resource equipment lists
DER This bill would authorize the Energy Commission to establish distributed energy resource equipment lists with rating standards for equipment, components, and systems that further state energy and environmental goals, including, but not limited to, for solar energy systems, energy storage systems, bidirectional charging systems, and electric vehicle supply equipment. The bill would define various terms for these purposes. The bill would require the Energy Commission to adopt guidelines for the distributed energy resource equipment lists, as provided.
April 28 hearing: Placed on APPR.
suspense file.
SB 707 Durazo Open meetings: meeting
and teleconference
requirements.
Brown Act This bill would, until January 1, 2030, require a city council or a county board of supervisors to comply with additional meeting requirements, including that all open and public meetings include an opportunity for members of the public to attend via a two-way telephonic option or a two-way audiovisual platform, as defined, that a system is in place for requesting and receiving interpretation services for public meetings, as specified, and that good faith efforts are made to encourage residents to participate in public meetings, as specified. By imposing additional meeting requirements on city councils and county boards of supervisors, this bill would impose a state-mandated local program. This bill would also require the agenda to be provided in English and in all other languages spoken jointly by 20% or more of the population in the county in which the local agency is located that, among other things, speaks English less than “very well,” as specified. By imposing additional agenda requirements on legislative bodies of local agencies, this bill would impose a state-mandated local program.
Set for hearing May 5.
SB 708 Alvarado-Gil Public Utilities
Commission: quorum for
the transaction of
business
CPUC Spot Bill Referred to Com. on RLS.
SB 710 Blakespear Property taxation: active
solar energy systems:
extension
Solar Under existing property tax law, this exclusion remains in effect only until there is a subsequent change in ownership, but an active solar energy system that qualifies for the exclusion before January 1, 2027, will continue to receive the exclusion until there is a subsequent change in ownership. Existing law repeals these exclusion provisions on January 1, 2027. This bill would, beginning with the 2026–27 fiscal year, extend the exclusion indefinitely, and would limit the exclusion to customer-sited active solar energy systems, as defined.
Set for hearing May 14.
Medium Priority
SB 714 Archuleta Zero-emission vehicles:
workforce development:
Clean Energy Workforce
Training Council
Workforce
Development
This bill would state the intent of the Legislature to enact legislation that would establish a zero-emission vehicle workforce development pilot project and a Clean Energy Workforce Training Council, as provided.
Referred to Com. on RLS.
SB 752 Richardson Sales and use taxes:
exemtions: California
Hybrid and Zero-Emission
Truck and Bus Voucher
Incentive Project: transit
buses
Tax on ZE Buses The Sales and Use Tax Law provides various exemptions from those taxes, including, until January 1, 2026, an exemption from those taxes with respect to the sale in this state of, and the storage, use, or other consumption in this state of, specified zero-emission technology transit buses sold to specified public agencies that are eligible for specified incentives from the State Air Resources Board. This bill would extend the exemption for specified zero-emission technology transit buses until January 1, 2028.
Set for hearing May 14.
SB 755 Blakespear California Contractor
Climate Transparency Act
California Contractor
Climate Transparency
Act
This bill would enact the California Contractor Climate Transparency Act, which would require the board, beginning January 1, 2027, to require a large contractor and a significant contractor, as defined, to report annually specified information, including, for large contractors, an annual disclosure of scope 1 emissions, scope 2 emissions, scope 3 emissions, and climate-related financial risk, as specified, and for significant contractors, an annual disclosure of scope 1 emissions and scope 2 emissions, as specified.
From committee: Do pass as
amended and re-refer to Com. on
APPR. (Ayes 5. Noes 2.) (April
30).
SB 782 Perez Enhanced infrastructure
financing district: climate
resilience districts.
Enhanced
infrastructure climate
district
This bill would authorize a city or county to adopt a resolution providing for the division of taxes of any participating entity without following specified procedures for the preparation and adoption of an infrastructure financing plan, if certain conditions are met. The bill would require the district to hold a public meeting to consider the resolution of intention to establish the district and a second public meeting to consider the adoption of the infrastructure financing plan, and would require the district to post specified notices prior to the meetings. The bill would require the resolution to include specified information, including that incremental property tax revenue from the city or county and all affected taxing entities within the district may be used to finance the district’s activities. The bill would require the district to make the infrastructure financing plan available for public inspection at least 10 days before the hearing to approve the formation of the district, and would require the designated official of the district to consult with each affected taxing entity prior to development of the infrastructure financing plan.
Set for hearing May 7.
Medium Priority
SB 787 McNerney Energy: Task Force on
Equitable Clean Energy
Supply Chains and
Industrial Policy in
California
Task Force on
Equitable Clean
Energy Supply Chains
This bill would require the commission, on or before March 1, 2026, to designate a person, within the commission, to serve as the Senior Counselor on Industrial Policy and Clean Energy Development and would specify the senior counselor’s duties. The bill would require the Senior Counselor on Industrial Policy and Clean Energy Development to convene working groups that focus on certain issues, as provided. The bill would require the commission, the Governor’s Office of Business and Economic Development, the Labor and Workforce Development Agency, the Public Utilities Commission, the Department of Water Resources, the Department of General Services, and the office of the Treasurer, on or before March 1, 2026, to enter into an a memorandum of understanding on equitable clean energy supply chains and industrial policy in California to, among other things, review, investigate, and develop strategies for building integrated industrial bases in California to support the zero-emission vehicle and battery supply chain industries, offshore wind and offshore wind component industries, and building decarbonization and heat pump industries through industrial planning and public investment, procurement, and subsidization, as provided. The bill would require the Senior Counselor on Industrial Policy and Clean Energy Development to track and coordinate the work taken under the memorandum of understanding and to prepare an annual report summarizing the key findings and recommendations resulting from that work. The bill would require that the report be presented at a public meeting of the commission and be published on the commission’s internet website. The bill would establish in the State Treasury the Equitable Clean Energy Supply Chain and Industrial Policy Fund and would, upon appropriation by the Legislature, authorize the moneys in the fund be expended for the purposes of the bill.
Set for hearing May 12.
SB 803 Durazo California Conservation
Corps: Green Collar
Certification Program
California
Conservation Corps
This bill would require the Director of the California Conservation Corps to establish a Green Collar Certification Program that provides young persons participating in the corps with skills and education relating to reducing carbon emissions in residential and nonresidential buildings, preparing communities for environmental disasters, and developing conservation infrastructure projects that stabilize shorelines and restore ecological habitats, as provided.
April 28 hearing: Placed on APPR.
suspense file.
Medium Priority
SB 804 Archuleta Hydrogen pipeline safety Hydrogen This bill would require the PUC to require that hydrogen pipelines meet specified requirements. The bill would require the PUC to establish, on or before January 1, 2028, and, with the exception specified below, to enforce, standards that meet or exceed those requirements, as provided. The bill would require the Energy Commission to enforce the standards for private, intrastate hydrogen pipelines.
The bill would require a hydrogen pipeline owner to maintain accurate records of hydrogen concentration levels within its hydrogen pipeline and any leakage of hydrogen and, on or before December 31 of each year, to submit a report to the PUC detailing compliance with that requirement.
From committee with author's
amendments. Read second time
and amended. Re-referred to
Com. on E., U & C.
SB 810 Dahle Electricity: ratepayer-funded programs: reportsReporting Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission) to administer various programs, such as the Electric Program Investment Charge program, that are funded by a charge on electrical ratepayers. Existing law requires the Public Utilities Commission (PUC) to require electrical corporations to implement various programs, such as energy efficiency programs, that are funded by electrical ratepayers. Under its authority, the Governor has issued an executive order directing the Energy Commission and the PUC to examine electrical ratepayer-funded programs under their respective jurisdictions and to identify programs and regulations that may be unduly adding to electricity rates for which the benefits provided may not be justified by the costs imposed on electrical ratepayers. The executive order requires those 2 commissions to report back to the Governor by January 1, 2025. This bill would require the Energy Commission and the PUC, by July 1, 2025, to each submit to the Legislature a report containing certain information required by the executive order.
Referred to Com. on E., U & C.
SB 836 Rubio Electricity: transmission
planning and permitting
Transmission Existing law requires the Energy Commission and PUC, in coordination with the Independent System Operator, every 5 years, to review and update, as necessary, the memorandum of understanding and a related workplan to ensure the memorandum and workplan reflect the coordination that is needed to help meet the state’s energy goals. This bill would require those entities to review and update, as necessary, the memorandum every 3 years, rather than every 5 years.
Set for hearing May 5.
SB 840 Limon and
McGuire
Greenhouse gases: report Cap-and-Trade This bill would extend indefinitely the requirement for the Legislative Analyst’s Office to annually submit to the Legislature the report on the economic impacts and benefits of those greenhouse gas emissions targets. The bill would require the committee, at a public hearing, to review the annual report by the Legislative Analyst’s Office.
Set for hearing May 12.
Medium Priority
SB 842 Stern Energy: firm zero-carbon
resources
Zero-Carbon
Resources
This bill would require the Energy Commission, on or before July 1, 2026, through a new or ongoing proceeding, to identify programs it administers that provide, or could provide, financial support to deploy firm zero-carbon resources, mechanisms to use uncommitted or new authorized funds in a manner that maximizes system and local reliability benefits and affordability outcomes, as provided, and the expected scope of energy resources that could be deployed based on current and expected funding availability. The bill would require the PUC, on or before December 31, 2026, through a new or ongoing proceeding, to establish or identify a process by which each load-serving entity subject to its jurisdiction may solicit bids and propose projects for new firm zero-carbon resources to meet identified local reliability needs, as provided. The bill would require the PUC, on or before December 31, 2026, to produce a report identifying opportunities and needs to provide for local reliability with firm zero-carbon resources over the short term, midterm, and long term, as provided. The bill would require the PUC, beginning on or before December 31, 2026, to evaluate resources necessary to optimize local reliability at least cost. The bill would require the PUC, as part of the evaluation, to ensure that each load-serving entity’s integrated resource plan considers all reasonable new resource options that could be deployed to meet local reliability requirements at least cost and that each load-serving entity take reasonable actions to ensure that an appropriate proportion of new resource development occurs in local reliability areas.
Read second time and amended.
Re-referred to Com. on APPR.
ORANGE COUNTY POWER AUTHORITY
Staff Report – Item 7.4
-------------------------------------------------------------------------------------------------------------------- To: Orange County Power Authority Board of Directors
From: Joe Mosca, Chief Executive Officer
Subject: RISK OVERSIGHT COMMITTEE UPDATE
Date: May 12, 2025
--------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
Receive and file.
BACKGROUND
The Risk Oversight Committee (ROC) was established via the Board-adopted Energy Risk Management Policy (Policy No. 11). Per the policy, members of the ROC will be selected by the Chief Executive Officer (CEO), who will serve as the Chair of the ROC. The ROC comprises the CEO, CFO, Director of Power Resources, Pacific Energy Advisors (PEA) representatives, and transactional counsel from the Authority’s contracted law firm.
The ROC has the authority to:
• Meet at least once per quarter or as otherwise called to order by the ROC’s Chair. • No less than once per quarter, report to the Board regarding its meetings, deliberations, and other areas of concern.
• From time to time, adopt and/or adapt risk management guidelines defining internal controls, strategies, and processes for managing market risks incurred through our attendant upon wholesale trading, retail marketing, long-term contracting, CRR trading, and load and generation scheduling.
• Specify the permitted transaction categories and set risk limits for wholesale trading. The ROC will receive and review information and reports regarding risk management, wholesale trading transactions, and the administration of supply contracts. • Have direct responsibility for enforcing compliance with this Policy. Any material violations of this Policy, as determined by the ROC, shall be reported to the Board for appropriate action.
The State Auditor recommended that the Board consider amending the Energy Risk Management Policy (Policy No. 11) to alter the membership of the ROC to include a limited subset of Board members in a manner that does not violate open meeting requirements of the Brown Act. Following review and discussion with the General Counsel, it was determined that formally adding Board members to the ROC through an amendment to the Energy Risk Management Policy would make the ROC meetings subject to the Brown Act, which is incompatible with the ROC’s responsibilities for reviewing and analyzing market-sensitive information and prospective transactions, substantial aspects of which are confidential under CPUC rules and best practices for CCAs. As an alternative, the CEO has initiated a practice of inviting the Board Chair and Vice Chair to ROC meetings to observe. This is intended to provide additional Board oversight of the ROC without making Board members official members of the ROC under the Energy Risk Management Policy. This practice was initiated with the April 3, 2023, meeting and will continue for future meetings.
ANALYSIS AND DISCUSSION
The Risk Oversight Committee (ROC) met on Thursday, April 21, 2025, at 11:30 AM. Attendees included Joe Mosca, CEO; Tiffany Law, CFO; Louis Ting, Director of Power Resources; PEA consultants John Dalessi and Kirby Dusel; and Glen Price of Best, Best & Krieger. Susan Sonne, Chair of the Board of Directors, and James Mai, Vice Chair of the Board of Directors, attended the ROC meeting but only observed it.
The ROC discussed the following:
• Q2 2025 Market Update
o Energy Position Reports
o Market Exposure and Risk
o Long-term Contracting Update
o Portfolio Market Valuation
o Counterparty Credit Exposure
There are no Policy violations to report.
The current ROC quarterly meeting schedule for 2025 is:
• January 30, 2025
• April 21, 2025
• July 3, 2025
• October 2, 2025
FISCAL IMPACT
None
ATTACHMENTS
None
ORANGE COUNTY POWER AUTHORITY
Staff Report – Item 7.5
--------------------------------------------------------------------------------------------------------------------- To: Orange County Power Authority Board of Directors
From: Tiffany Law, Chief Financial Officer
Approved By: Joe Mosca, Chief Executive Officer
Subject: TREASURER’S REPORT – FISCAL YEAR ENDED MARCH 31, 2025 AND Q1 2025
CHECK REGISTER
Date: May 12, 2025
---------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
Receive and file.
BACKGROUND
The Treasurer’s Report, representing the financial statement of the Orange County Power Authority (OCPA), is to be presented to the governing body on a quarterly basis. This report is prepared in accordance with Generally Accepted Accounting Principles (GAAP) in the United States and includes the statement of net position, the statement of revenues, expenses, and changes in net position, as well as the statement of cash flows.
OCPA has prepared unaudited financial statements for the year-to-date period from July 1, 2024, to March 31, 2025. These statements are accompanied by budgetary comparisons, an investment summary, a schedule of outstanding debt, and a check register.
ANALYSIS AND DISCUSSION
The unaudited financial statements for the fiscal year ending March 31, 2025, reflect OCPA's stable financial performance. In the first nine months of FY 2024/25, OCPA strengthened its financial position by increasing its net position by $37 million, bringing the total accumulated net position to $81.5 million. These results are fully compliant with OCPA’s credit covenants.
FISCAL IMPACT
There is no financial impact from receiving the report.
ATTACHMENT
A. Treasurer’s Report ending March 31, 2025
B. Q1 2025 Check Register
1 ACCOUNTANTS’ COMPILATION REPORT
Management
Orange County Power Authority
Management is responsible for the accompanying financial statements of Orange County Power Authority (a California Joint Powers Authority) which comprise the statement of net position as of March 31, 2025, and the related statement of revenues, expenses, and changes in net position, and the statement of cash flows for the nine months then ended in accordance with accounting principles generally accepted in the United States of America. We have performed a compilation engagement in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. We did not audit or review the accompanying statements nor were we required to perform any procedures to verify the accuracy or completeness of the information provided by management. Accordingly, we do not express an opinion, conclusion, nor provide any assurance on these financial statements.
Management has elected to omit substantially all of the note disclosures required by accounting principles generally accepted in the United States of America in these interim financial statements.
Orange County Power Authority’s annual audited financial statements include the note disclosures omitted from these interim statements. If the omitted disclosures were included in these financial statements, they might influence the user’s conclusions about the Authority’s financial position, results of operations, and cash flows. Accordingly, these financial statements are not designed for those who are not informed about such matters.
We are not independent with respect to the Authority because we performed certain accounting services that impaired our independence.
Maher Accountancy
San Rafael, CA
May 1, 2025
1101 Fifth Avenue, Suite 200 San Rafael, CA 94901 415 459 1249 mahercpa.com ASSETS
Current assets
Cash - unrestricted 85,137,396$
Cash - restricted 400,000
Investments 21,929,531
Accounts receivable, net of allowance 12,812,391
Accrued revenue 9,108,756
Other receivables 2,001,930
Prepaid expenses 80,906
Deposits 16,380,377
Total current assets 147,851,287
Noncurrent assets
Cash - restricted 5,000,000
Deposits 8,616,277
Capital assets, net of depreciation and amortization 1,136,555 Total noncurrent assets 14,752,832
Total assets 162,604,119
LIABILITIES
Current liabilities
Accrued cost of electricity 47,078,745
Accounts payable 614,751
Other accrued liabilities 1,021,107
User taxes and energy surcharges due to other governments 630,178 Lease liability 111,620
Total current liabilities 49,456,401
Noncurrent liabilities
Loans payable 7,527,841
Accrued interest and financing costs 505,192
Lease liability 772,300
Total noncurrent liabilities 8,805,333
Total liabilities 58,261,734
DEFERRED INFLOWS OF RESOURCES
Rate Stabilization Fund 22,500,000
NET POSITION
Net investment in capital assets 252,635
Unrestricted 81,589,750
Total net position 81,842,385$
ORANGE COUNTY POWER AUTHORITY
STATEMENT OF NET POSITION
As of March 31, 2025
See accountants' compilation report. 2
OPERATING REVENUES
Electricity sales, net 213,532,318$
Revenue from (deferred to) Rate Stabilization Fund 22,500,000 Other income 117,883
Total operating revenues 236,150,201
OPERATING EXPENSES
Cost of electricity 193,542,126
Contract services 4,732,176
Staff compensation 3,189,827
Other operating expenses 965,015
Depreciation and amortization 132,910
Total operating expenses 202,562,054
Operating income (loss) 33,588,147
NONOPERATING REVENUES (EXPENSES)
Investment income 3,615,327
Interest expense (226,759)
Nonoperating revenues (expenses), net 3,388,568
CHANGE IN NET POSITION 36,976,715
Net position at beginning of period 44,865,670
Net position at end of period 81,842,385$
ORANGE COUNTY POWER AUTHORITY
STATEMENT OF REVENUES, EXPENSES
AND CHANGES IN NET POSITION
Nine Months Ended March 31, 2025
See accountants' compilation report. 3
CASH FLOWS FROM OPERATING ACTIVITIES
Receipts from customers 241,418,880$
Receipts of security deposits 719,000
Other operating receipts 117,883
Payments to suppliers for electricity (213,098,798)
Payments for other goods and services (6,266,518)
Payments for deposits and collateral (12,725,670)
Payments for staff compensation (2,975,208)
Payments of taxes and energy surcharges to other governments (3,468,076) Net cash provided (used) by operating activities 3,721,493
CASH FLOWS FROM CAPITAL AND RELATED
FINANCING ACTIVITIES
Payments of lease liability (26,486)
Purchases of capital assets (376,742)
Net cash (used) by capital and related financing activities (403,228)
CASH FLOWS FROM INVESTING ACTIVITIES
Investment income received 3,818,381
Proceeds from investment sales and maturities of investments 2,000,000 Purchase of investments (3,934,667)
Net cash provided (used) by investing activities 1,883,714 Net change in cash 5,201,980
Cash at beginning of period 85,335,416
Cash at end of period 90,537,396$
Reconciliation to the Statement of Net Position
Cash - unrestricted, current 85,137,396$
Cash - restricted, current 400,000
Cash - restricted, noncurrent 5,000,000
Total cash at end of period 90,537,396$
ORANGE COUNTY POWER AUTHORITY
STATEMENT OF CASH FLOWS
Nine Months Ended March 31, 2025
See accountants' compilation report. 4
RECONCILIATION OF OPERATING INCOME (LOSS) TO NET
CASH PROVIDED (USED) BY OPERATING ACTIVITIES
Operating income (loss) 33,588,147$
Adjustments to reconcile operating income (loss) to net cash provided (used) by operating activities
Depreciation and amortization expense 132,910
(Increase) decrease in:
Accounts receivable 14,016,160
Other receivables 4,753,700
Accrued revenue 10,977,092
Prepaid expenses 112,539
Deposits and other assets (11,936,514)
Increase (decrease) in:
Accrued cost of electricity (24,533,888)
Accounts payable (401,970)
Other accrued liabilities 88,083
User taxes and energy surcharges due to other governments (574,766) Rate Stabilization Fund (22,500,000)
Net cash provided (used) by operating activities 3,721,493$
NONCASH CAPITAL AND RELATED
FINANCING ACTIVITIES
Acquisition of lease asset 892,723$
NONCASH INVESTING ACTIVITIES
Unrealized activity and timing differences in investment income (203,054)$
ORANGE COUNTY POWER AUTHORITY
STATEMENT OF CASH FLOWS (continued)
Nine Months Ended March 31, 2025
See accountants' compilation report. 5
1 ACCOUNTANTS’ COMPILATION REPORT
Board of Directors
Orange County Power Authority
Management is responsible for the operating fund budget comparison report of Orange County Power Authority (OCPA), a California Joint Powers Authority, for the nine months ended March 31, 2025, and for determining that the budgetary basis of accounting is an acceptable financial reporting framework.
We have performed a compilation engagement in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. We did not audit or review the accompanying statement nor were we required to perform any procedures to verify the accuracy or completeness of the information provided by management.
Accordingly, we do not express an opinion, a conclusion, nor provide any assurance on this special purpose budgetary comparison statement.
The special purpose statement is prepared in accordance with the budgetary basis of accounting, which is a basis of accounting other than accounting principles generally accepted in the United States of America. This report is intended for the information of the Board of Directors of OCPA.
Management has elected to omit substantially all of the note disclosures required by accounting principles generally accepted in the United States of America in these interim financial statements.
OCPA’s annual audited financial statements include the note disclosures omitted from these interim statements. If the omitted disclosures were included in these financial statements, they might influence the user’s conclusions about the Authority’s financial position, results of operations, and cash flows.
Accordingly, these financial statements are not designed for those who are not informed about such matters.
We are not independent with respect to OCPA because we performed certain accounting services that impaired our independence.
Maher Accountancy
San Rafael, CA
May 1, 2025
1101 Fifth Avenue, Suite 200 San Rafael, CA 94901 415 459 1249 mahercpa.com Actual
Amended
Budget
Amended
Budget Variance
(Under) Over
Actual as a
Percent of
Amended
Budget
Amended
Budget
Amended
Budget Variance
OPERATING REVENUES
Electricity Sales, net 213,532,318$ 214,283,078$ (750,760)$ 99.6% 266,900,000$ (53,367,682)$ Revenue from (deferred to) Rate Stabilization Fund 22,500,000 22,500,000 - 100.0% 45,000,000 (22,500,000) Total operating revenues 236,032,318 236,783,078 (750,760) 311,900,000 (75,867,682)
OPERATING EXPENSES
Cost of Energy 193,542,126 187,958,870 5,583,256 103.0% 285,540,000 (91,997,874) Data Manager 1,352,974 1,375,052 (22,078) 98.4% 1,850,000 (497,026) Utilities Service Fees 346,799 397,187 (50,388) 87.3% 572,000 (225,201) Staffing Costs 3,189,827 3,218,231 (28,404) 99.1% 4,738,000 (1,548,173) Contract Services 1,106,191 1,157,481 (51,290) 95.6% 1,610,000 (503,809) Legal Services 360,136 418,535 (58,399) 86.0% 596,000 (235,864) Marketing and Customer Enrollment 1,389,887 1,428,417 (38,530) 97.3% 1,794,000 (404,113) Other G&A 861,889 1,042,119 (180,230) 82.7% 1,429,000 (567,111) Energy Programs 266,910 286,535 (19,625) 93.2% 592,000 (325,090) Total operating expenses 202,416,739 197,282,427 5,134,313 298,721,000 (96,304,261) Operating income (loss) 33,615,579 39,500,652 (5,885,073) 13,179,000 20,436,579
NONOPERATING REVENUES (EXPENSES)
Investment and miscellaneous income 3,733,210 3,599,131 134,079 103.7% 4,499,000 (765,790) Interest expense (226,759) (235,677) 8,918 96.2% (315,000) 88,241 Capital Outlay (484,798) (376,742) (108,056) 128.7% (377,000) (107,798) Nonoperating revenues (expenses), net 3,021,653 2,986,712 34,941 3,807,000 (785,347) CHANGE IN FUND BALANCE 36,637,232$ 42,487,364$ (5,850,132)$ 16,986,000$ 19,651,232$
ORANGE COUNTY POWER AUTHORITY
OPERATING FUND BUDGET COMPARISON REPORT
Nine Months Ended March 31, 2025
Year-to-Date Annual
See accountants' compilation report. 2
Net increase (decrease) in available fund balance
per budgetary comparison schedule: 36,637,232$
Adjustments needed to reconcile to the
changes in net position in the
Statement of Revenues, Expenses
and Changes in Net Position:
Subtract depreciation expense (37,259)
Add back capital asset acquisitions and reclassifications 376,742 Change in net position $ 36,976,715
ORANGE COUNTY POWER AUTHORITY
BUDGET COMPARISON REPORT (CONTINUED)
Nine Months Ended March 31, 2025
RECONCILIATION OF NET INCREASE IN AVAILABLE FUND BALANCE
TO CHANGE IN NET POSITION
3 Budget Item
Actual /
Budget % Comment
Electric Sales Revenue 99.6% Year-to-date energy sales are less than forecast by approx. $0.8M, or 0.4%. Sales revenue includes revenues actually billed to customers as well as estimated customer usage during the reporting period that is not yet billed.
Cost of Energy 103.0% The variance is affected by increased energy purchases required to provide for greater than expected customer load. Also affecting the variance is the timing difference between projected and actual delivery of Renewable Energy Certificates (RECs) and fluctuating market prices.
Data Manager 98.4% These are Calpine fees charged on a per active account basis.
Service Fees - SCE 87.3% These are SCE fees charged on a per customer basis.
Personnel 99.1% Staffing expenses are under budget due to the timing delay of new hires.
Professional Services 95.6% This category includes accounting and audit, rates and financial & planning analysis, portfolio management, scheduling coordinator, HR including recruitment services, IT, and other consultants.
Legal Costs 86.0% This category includes outside legal costs for general counsel, energy procurement transactional support, labor, clerk support, regulatory, member agency withdrawal services.
Marketing and customer enrollment 97.3% This category includes advertising, strategic marketing & communications, digital marketing and website development and hosting, collateral marketing, translation, sponsorships & memberships, promotional items, required customer notifications printing and mailing.
Other General & Administrative 82.7% This category includes ordinary G&A including rent, CalCCA membership, general business insurance, small equipment and software, travel, business meals, professional development, office supplies, and one-off new office related expenses (e.g., open house, office setup, etc.).
Energy Programs 93.2% Energy program costs include incentives and rebates paid to customers, as well as consulting and G&A costs directly related to the implementation of program activities.
Interest expenses 96.2% This category includes interest on debt
ORANGE COUNTY POWER AUTHORITY
BUDGETARY COMPARISON REPORT
Nine Months Ended March 31, 2025
Return of Investments YTD Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun INVESTMENTSUS Bank - Treasury-indexed products
Funds Invested - Average Balance 84,589,187$ 88,370,806$ 106,306,680$ 118,873,540$ 123,514,249$ 129,481,877$ 131,785,919$ 123,509,066$ 104,559,153$ Gains/Losses/Interest 3,615,327$ 344,619$ 359,070$ 401,306$ 437,894$ 425,070$ 474,930$ 443,994$ 377,759$ 350,685$ Average APY 4.89% 4.88% 4.53% 4.42% 4.13% 4.40% 4.04% 3.67% 4.02%
OTHER INTEREST
Interest Earnings - checking and savings -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Gains/Losses/Interest - Other -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Total 3,615,327$
ORANGE COUNTY POWER AUTHORITY
Investment Summary
July 1, 2024 through June 30, 2025
CITY OF IRVINE
On January 2021, OCPA borrowed $2,500,000 from the City of Irvine for working capital costs associated with OCPA's pre-launch.On September 2021, OCPA borrowed $5,000,000 from the City of Irvine for cash collateral in the credit facility associated with OCPA'slaunch.The loan repayment date for the above is January 1, 2027. Interest is due on the loan in an amount based on the gross earnings for the respective quarter as reported in the City Treasurer's pooled investment portfolio report. Also included as a loan payable are formation related costs - $152,380 paid directly from the City to the vendors. OCPA will reimburse the City no later than January 1, 2027. Interest does not accrue on the formation costs advanced by the City. OCPA paid $124,538.70towards the outstanding principal on September 12, 2022.Principal Maturity Interest Rate Payments Outstanding Principal 152,380$ January 2027 0.00% 124,539$ 27,841$
7,500,000$ January 2027
Variable - City
Treasurer's report -$ 7,500,000$
US BANKCREDIT FACILITY
On September 2021, OCPA and US Bank (formerly MUFG Union Bank, N.A.) entered into a Revolving Credit Agreement for a $35 million credit facility, OCPA has outstanding borrowings of $0 as of March, 2025Credit Facility Letter of Credit Borrowing Unused Credit 35,000,000$ -$ -$ 35,000,000$
ORANGE COUNTY POWER AUTHORITY
SCHEDULE OF OUTSTANDING DEBT
As of March 31, 2025
Date Vendor Description Amount
03/03/2025 Igoe (Med-iBank) Medical and/or Dependent Care FSA Monthly Participation Fee 30.00 03/03/2025 Maher Accountancy February 2025 - Treasurer and Accounting Services{PO:1044} 22,000.00 03/03/2025 Orange County Printing Company 3% less envelopes {po:1038} 4,321.80 03/03/2025 SDI PRESENCE LLC Services through January 31, 2025 - {PO:1034} 4,862.00 03/03/2025 The Energy Authority Inc. (CAISO and ENERGY) CAISO period 2/6/25 - 2/11/25 & 11/01/24 - 11/07/24 211,818.34 03/03/2025 Tullett Prebon Americas Corp. Broker Fees - Calpine Energy Services LP 2,250.00 03/03/2025 Tullett Prebon Americas Corp. Broker Fees - NRG Business Marketing LLC 1,350.00 03/04/2025 Southern California Edison July 2024 VA Sales 4,414,013.12 03/04/2025 Southern California Edison August 2024 VA Sales 4,334,355.52 03/04/2025 The Energy Coalition OCPA Customer Programs through January 31, 2025 - {PO:1041} 18,188.00 03/04/2025 Wregis Retired RECs 1,765.42
03/05/2025 METHOD TECHNOLOGIES (INC) Mimecast Cyber Security and Resiliency with Archiving{po: 1022} 133.00 03/05/2025 Paychex Flexperks 25.85
03/06/2025 Calpine Energy Solutions January 2025 services {po:1003} 156,225.86 03/06/2025 Igoe (Med-iBank) Medical and/or Dependent Care FSA Monthly Participation Fee 2,729.04 03/06/2025 Southern California Edison (Non-Energy) January service fees 33,035.76 03/07/2025 Lincoln Financial Group 3/07/25 Retirement debit 401A 31,084.78 03/07/2025 Lincoln Financial Group 3/07/25 Retirement debit 457B 11,740.02 03/07/2025 OC Forum OC Forum - Meet your Congress Member 250.00 03/07/2025 US Bank Interest and Service Charges February custody charges 22.00 03/09/2025 Cox Business Internet Services from February 16 2025 - March 15 2025 630.00 03/10/2025 Best Best & Krieger February 28, 2025 - Public Records Requests {po: 1002} 1,990.50 03/10/2025 Best Best & Krieger February 28, 2025 - Financial/Power Procurement {po: 1002} 5,848.00 03/10/2025 Best Best & Krieger February 28, 2025 - County Withdrawal {po: 1002} 1,280.00 03/10/2025 Best Best & Krieger February 28, 2025 - Regulatory - CPUC {po: 1002} 3,787.00 03/10/2025 Best Best & Krieger February 28, 2025 - General Counsel {po: 1002} 10,701.00 03/10/2025 California ISO (Settlement Invoices) CAISO CAISO CRR period for 2/13/25 - 2/20/25 405.73 03/10/2025 Igoe (Med-iBank) Medical and/or Dependent Care FSA Monthly Participation Fee 2,400.00 03/10/2025 The Energy Authority Inc. (CAISO and ENERGY) CAISO period 2/13/25 - 2/20/25, 11/15/24 - 11/19/24, 11/8/24 - 11/14/24 & 3/1/24-3/31/24 186,856.40 03/11/2025 AM Conservation Group Inc January Market place customer correspondence 87.50 03/11/2025 Henderson, Jacquie Mileage reimbursement 70.35 03/11/2025 Just One Call Cleaning Services LLC February cleaning services {PO: 1045} 1,370.00 03/11/2025 NewGen Strategies & Solutions, LLC February 2025 - OCPA FY25 Financial Planning & Analysis Support {po: 1028} 11,575.00 03/11/2025 Orange County Business Council Annual Membership - (02/25 to 01/26) 2,500.00 03/11/2025 Orange County Printing Company 100% Renewable Mailing {po:1038} 969.21 03/11/2025 Pacific Energy Advisors Inc. February - Monthly Services {po: 1008} 49,660.00 03/11/2025 United Language Group, Inc. Translation into three different languages 454.52 03/11/2025 We Konnect, Inc. Brivo and Eagle Eye Cloud Services {po:1037} 243.00 03/12/2025 CITY OF BUENA PARK - UUT February Utility User Tax 73,509.35 03/12/2025 CITY OF HUNTINGON BEACH - UUT February Utility User Tax 4,797.67 03/12/2025 CITY OF IRVINE - UUT February Utility User Tax 91,994.21 03/13/2025 Igoe (Med-iBank) Medical and/or Dependent Care FSA Monthly Participation Fee 547.46 03/14/2025 Igoe (Med-iBank) Medical and/or Dependent Care FSA Monthly Participation Fee 333.76 03/14/2025 InterEthnica OCPA-CPP Survey Translation 6,259.40 03/14/2025 SDRMA April employee benefit charges 26,817.00 03/14/2025 US Bank Interest and Service Charges February Monthly Analysis Fees 4,217.24 03/17/2025 Girl Scouts of Orange County Voice for Girls Sponsorship 1,500.00 03/17/2025 Igoe (Med-iBank) Medical and/or Dependent Care FSA Monthly Participation Fee 4.57 03/17/2025 Orange County Hispanic Chamber of Commerce Sponsorship: 2025 Estrella Awards 3,500.00 03/17/2025 Orange County Printing Company 100% Renewable Mailing {po:1038} 629.51 03/17/2025 Reveille Inc. February 2025 OCPA FY Marketing and PR Budget--- {po: 1025} 48,652.80 03/17/2025 The Energy Authority Inc. (CAISO and ENERGY) CAISO period 2/21/25-2/27/25, 11/20/24-11/26/24, 5/1/23-5/31/23 & 2/1/23-2/28/23 6,296.36 03/17/2025 The Irvine Co/Lakeview III April 2025 Rent and Operating Expenses 19,745.00 03/17/2025 US Bank Credit Card *7799 Sam's Club - Kitchen and Pantry Items 38.96 03/17/2025 US Bank Credit Card *7799 California Board Accountancy - CPA License Renewal 340.00 03/17/2025 US Bank Credit Card *7799 Parking Fee - CEC Offshore Wind Symposium 12.00 03/17/2025 US Bank Credit Card *7799 Transportation Expense - Ride Sharing or Mass Transit - Refund (49.57) 03/17/2025 US Bank Credit Card *7799 Transportation Expense - Ride Sharing or Mass Transit - Billing Error 50.31 03/17/2025 US Bank Credit Card *7799 Transportation Expense - Ride Sharing or Mass Transit-Board Meetings/Board Orientation 50.44 03/17/2025 US Bank Credit Card *7799 Transportation Expense - Ride Sharing or Mass Transit-Board Meetings/Board Orientation 27.90 03/17/2025 US Bank Credit Card *7799 Transportation Expense - Ride Sharing or Mass Transit-Board Meetings/Board Orientation 95.00 03/17/2025 US Bank Credit Card *7799 Transportation Expense - Ride Sharing or Mass Transit-Board Meetings/Board Orientation 12.92 03/17/2025 US Bank Credit Card *7799 Transportation Expense - Ride Sharing or Mass Transit-Board Meetings/Board Orientation 2.00 03/17/2025 US Bank Credit Card *7799 Transportation Expense - Ride Sharing or Mass Transit-Board Meetings/Board Orientation 20.93 03/17/2025 US Bank Credit Card *7799 Hotel Accommodations - Board Meetings/Board Orientation 481.50 03/17/2025 US Bank Credit Card *7799 Microsoft - Software Subscription 10.00 03/17/2025 US Bank Credit Card *7799 Hotel Accommodations - Board Meetings/Board Orientation 311.91 03/17/2025 US Bank Credit Card *7799 Transportation Expense - Ride Sharing or Mass Transit-Board Meetings/Board Orientation 63.26 03/17/2025 US Bank Credit Card *7799 Hotel Accommodations - Billing Error (114.10) 03/17/2025 US Bank Credit Card *7799 GoTo Connect - Phone Forwarding Service for Call Center 231.43 Orange County Power Authority
PAYMENTS ISSUED MARCH 1, 2025 THROUGH MARCH 31, 2025
Date Vendor Description Amount
Orange County Power Authority
PAYMENTS ISSUED MARCH 1, 2025 THROUGH MARCH 31, 2025
03/17/2025 US Bank Credit Card *7799 Amazon - Anniversary Gifts for Staff (2) 75.18 03/17/2025 US Bank Credit Card *7799 Western AV - Boardroom Video Streaming Controls Programming 1,476.44 03/17/2025 US Bank Credit Card *7799 Art Signworks - Boardroom City Seals (50% deposit) 1,468.50 03/17/2025 US Bank Credit Card *7799 Airfare - Strategic Plan Board Meeting 845.80 03/17/2025 US Bank Credit Card *7799 Amazon - Office Supplies 48.75 03/17/2025 US Bank Credit Card *7799 VistaPrint - Office Supplies 76.69 03/17/2025 US Bank Credit Card *7799 Amazon - Monthly Subscription Fee 16.15 03/17/2025 US Bank Credit Card *7799 Target - Office Supplies 10.76 03/17/2025 US Bank Credit Card *7799 Google - Google Services 12.00 03/17/2025 US Bank Credit Card *7799 Zoom - Monthly Subscription 346.90 03/17/2025 US Bank Credit Card *7799 Amazon - Office Supplies 155.15 03/17/2025 US Bank Credit Card *7799 Target - Kitchen and Pantry Items 32.80 03/17/2025 US Bank Credit Card *7799 Costco - Kitchen and Pantry Items 363.60 03/17/2025 US Bank Credit Card *7799 Target - Kitchen and Pantry Items 13.42 03/17/2025 US Bank Credit Card *7799 South Orange County Economic Coalition - Meet the Mayors Event 25.00 03/17/2025 US Bank Credit Card *7799 Fountain Valley State of the City Event 165.00 03/17/2025 US Bank Credit Card *7799 The Annual Conference of the OC Council of Governments 318.00 03/17/2025 US Bank Credit Card *7799 The OC Public Affairs Association's State of the County Event 100.00 03/17/2025 US Bank Credit Card *7799 Constant Contact - Bulk Email Annual Subscription - Billing Error 672.00 03/17/2025 US Bank Credit Card *7799 Constant Contact - Refund (515.00) 03/17/2025 US Bank Credit Card *7799 Staff Appreciation Gift 28.60 03/17/2025 US Bank Credit Card *7799 OC Business Council 750.00 03/17/2025 US Bank Credit Card *7799 DesignHill - IT Required Email Signature Trial Subscription 24.20 03/17/2025 US Bank Credit Card *7799 Strong Towns OC event in Fullerton - Sponsorship 344.53 03/17/2025 US Bank Credit Card *7799 Strong Towns OC event in Fullerton - Sponsorship 26.83 03/17/2025 US Bank Credit Card *7799 Constant Contact - Bulk Email Annual Subscription 1,318.80 03/17/2025 US Bank Credit Card *7799 Business Meal - Meeting with Council Member Valencia and OCPA Staff 23.40 03/17/2025 US Bank Interest and Service Charges Wiring charges 2,730.00 03/18/2025 Igoe (Med-iBank) Medical and/or Dependent Care FSA Monthly Participation Fee 27.13 03/19/2025 Paychex Flexperks 25.85
03/20/2025 High Desert Power Project LLC February Capacity 625,000.00 03/20/2025 Marsh Landing, LLC February Capacity Purchases 701,750.00 03/20/2025 Southern California Edison February 2025 Capacity Purchases 1,680,523.90 03/21/2025 AM Conservation Group Inc Rebate - OCPA 82.00 03/21/2025 Golden Communications Inc Monthly Managed Web Services, and Additional Labor - February 2025 {po: 1032} 199.00 03/21/2025 Igoe (Med-iBank) Medical and/or Dependent Care FSA Monthly Participation Fee 614.40 03/21/2025 Igoe (Med-iBank) Medical and/or Dependent Care FSA Monthly Participation Fee 30.69 03/21/2025 Lincoln Financial Group 3/21/25 Retirement debit 401A 30,835.10 03/21/2025 Lincoln Financial Group 3/21/25 Retirement debit 457B 11,534.14 03/24/2025 Calpine Energy Services L.P. February Capacity 309,750.00 03/24/2025 Constellation Energy Generation, LLC January energy purchases 6,503,745.48 03/24/2025 Green Valley Homeowners Association GVST Sponsorship 2,000.00 03/24/2025 Halligan Steven Mileage reimbursement 114.59 03/24/2025 Maher Accountancy March 2025 - Treasurer and Accounting Services{PO:1044} 22,000.00 03/24/2025 Morgan Stanley Capital Group February 2025 energy purchases 415,221.04 03/24/2025 NRG BUSINESS MARKETING LLC February energy purchases 2,318,820.19 03/24/2025 Shell Energy North America January capacity purchases 504,500.00 03/24/2025 Southern California Edison October 2024 VA Sales 3,413,164.48 03/24/2025 Southern California Edison September 2024 VA Sales 3,709,752.64 03/24/2025 Sunrise Power Company LLC February capacity purchase 1,556,250.00 03/24/2025 The Energy Authority Inc. (CAISO and ENERGY) CAISO period 2/28/25 - 3/6/25 & 11/27/25 - 12/5/24 238,023.11 03/24/2025 The Energy Authority Inc. (Service Fees) February Resource Management Monthly Fees {PO:1011} 15,585.65 03/24/2025 TransAlta Energy Marketing Us Inc. February Energy Purchases 2,403,221.04 03/25/2025 InterEthnica OCPA-CPP Survey Translation 1,700.00 03/26/2025 Igoe (Med-iBank) Medical and/or Dependent Care FSA Monthly Participation Fee 62.25 03/27/2025 California Community Choice Association SCE 2023-2025 ERRA Case and SCE GRC Phase 2 Special Assessments 12,918.00 03/27/2025 Igoe (Med-iBank) Medical and/or Dependent Care FSA Monthly Participation Fee 114.70 03/29/2025 Igoe (Med-iBank) Medical and/or Dependent Care FSA Monthly Participation Fee 52.38 03/30/2025 Igoe (Med-iBank) Medical and/or Dependent Care FSA Monthly Participation Fee 50.00 03/31/2025 Energy Development & Construction Corporation January 2025 - RECs purchases 20,988.00 03/31/2025 Southern California Edison November 2024 VA Sales 2,825,116.80 03/31/2025 The Energy Authority Inc. (CAISO and ENERGY) CAISO period 03/07/25-3/13/25 & 12/06/24-12/12/24 181,616.28 SUBTOTAL 37,337,760.28
03/05/2025 February 16- 28 - Payroll Taxes 30,284.88
03/05/2025 February 16-28 - Paychex Service Fee 297.50
03/05/2025 February 16-28 -Salaries, Wages, Fringe Benefits 99,885.40 03/19/2025 March 1-15 -Salaries, Wages, Fringe Benefits 107,043.29 03/19/2025 March 1-15- Paychex Service Fee 468.50
Date Vendor Description Amount
Orange County Power Authority
PAYMENTS ISSUED MARCH 1, 2025 THROUGH MARCH 31, 2025
03/19/2025 March 1-15 - Payroll Taxes 31,877.81
SUBTOTAL 269,857.38
ORANGE COUNTY POWER AUTHORITY
Staff Report – Item 7.6
--------------------------------------------------------------------------------------------------------------------- To: Orange County Power Authority Board of Directors
From: Tiffany Law, Chief Financial Officer
Approved by: Joe Mosca, Chief Executive Officer
Subject: APPROVAL OF AMENDMENT TO AGREEMENT WITH AMPERON FOR
LOAD FORECAST RISK ANALYSIS SERVICES
Date: May 12, 2025
--------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTIONS
Authorize the CEO to execute an amendment to the agreement with Amperon for the provision of short-term and long-term load forecast risk analysis services, effective May 12, 2025, through May 11, 2026. The amendment builds on the initial contract with a not-to-exceed (NTE) amount of $60,000 and includes an option to extend the agreement for one additional year, subject to satisfactory performance and mutual agreement, for a total contract amount not to exceed $187,100.
BACKGROUND
One of the Orange County Power Authority’s (OCPA) strategic objectives is to “Move Toward a More Sustainable Electric Grid”. As part of this objective, staff is focused on minimizing load forecasting risk to improve financial performance. This work requires specialized expertise and analytical tools to navigate the complexities of the evolving energy market.
Amperon is a software service provider offering AI-powered energy forecasting and analytics tailored to modern power market needs. Their solutions support enhanced grid reliability, financial risk management, renewable energy integration, and broader decarbonization efforts.
Pursuant to OCPA’s Procurement Policy, staff conducted a competitive procurement process by soliciting three written proposals. After a thorough evaluation, Amperon was selected to provide both short-term and long-term load forecast risk analysis services. A one-year agreement in the amount of $60,000 was executed, effective May 1, 2024, through April 30, 2025 (Attachment B).
DISCUSSION/ANALYSIS
Accurate load forecasting is essential to OCPA’s success in managing procurement strategies, maintaining grid stability, and mitigating financial exposure. Achieving the strategic goal of a more sustainable electric grid requires advanced, data-driven solutions to anticipate and respond to market fluctuations and to better integrate renewable resources.
Amperon utilizes sophisticated artificial intelligence and machine learning algorithms to generate high-accuracy forecasts and risk assessments. Their services extend beyond traditional forecasting methods, delivering actionable insights that align with OCPA’s operational and strategic priorities, including energy procurement optimization, resource adequacy, and peak demand readiness.
Throughout the current contract term, Amperon has demonstrated a deep understanding of the OCPA’s requirements, consistently delivering high-quality forecasting support. Their platform seamlessly integrates with OCPA’s Advanced Metering Infrastructure (AMI) data, providing the adaptability needed to support the agency’s evolving demands and renewable energy objectives.
Extending the agreement through May 11, 2026 – with an option for an additional one-year term – will ensure continuity of service, build upon the existing foundation, and allow OCPA to remain proactive in addressing load forecast-related risks.
FISCAL IMPACT
The proposed amendment, covering the contract term from May 12, 2025, to May 11, 2026, will not exceed $62,000 and is accounted for in the FY2025/26 budget. The optional one-year extension, incorporating a 5% inflation adjustment, will not exceed $65,100. The total contract value, including the initial contract with an NTE of $60,000, the amendment, and the optional extension, will not exceed $187,100.
ATTACHMENT
Attachment A – Amperon’s Order Form Agreement from May 12, 2025 to May 11, 2026 Attachment B – Amperon’s Order Form Agreement from May 1, 2024 to April 30, 2025 Attachment C – Contractor Evaluation Form – 4.24.2025
Amperon Holdings, Inc.
2000 Crawford Street, Suite 1300
Houston, Texas 77002
ORDER FORM
Customer Contact Information
Customer Name: Orange County Power Authority (the “Customer”) Customer Contact Owen Lee
Tiffany Law
Billing Contact Owen Lee
Address P.O. Box 54283, Irvine, CA 92619 Billing Address P.O. Box 54283, Irvine, CA 92619
Phone 949.767.8709 Billing Phone (503) 807-3507
Email [email protected]; [email protected] Billing Email [email protected] Platform and Modules (the “Platform”)
Item Description Subscription
Period (the
"Initial
Subscription
Period")
Price Discount
Discount is conditional
on publishing a
customer case study
based on OCPA's first
summer short-term load
forecast results,
provided OCPA retains
the right to review and
approve the final
version drafted by
Amperon.
Discounted
Price
AmpMeter: Long-term
Forecast
+
AmpMeter: Short-term
Forecast
5-Year Long-Term Forecast
and a 15-
day Short-Term forecast from
aggregated SCADA Data
(13 forecasts: 1 geographic
territory and
13 rate categories)
12 Months $70,000.00 -$8,000.00 $62,000.00
Summary of the Fees (the "Fees")
Annual Charges (Pre-Tax): $62,000.00
This Order Form (this “Order Form”) is entered into on this day, (the “Effective Date”) by and between Amperon Holdings, Inc. (“Amperon”) and Customer and is subject to the Customer Terms and Conditions (the “Customer Terms”) of the agreement signed by Joseph Mosca on May 9, 2024, which contain, among other things, warranty disclaimers, liability limitations and use limitations. There shall be no force or effect given to any different terms of any related purchase order or other similar form, even if signed by the parties after the date hereof. Each party represents and warrants that its signatory below is duly authorized to bind such party to this Order Form. Any capitalized term used in this Order Form but not defined shall have the meaning given to such term in the Customer Terms. To the extent the terms of this Order Form conflict with the terms of any Customer Terms, the terms of this Order Form shall govern.
IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to enter into this Agreement as of the Effective Date below.
AMPERON CUSTOMER
Authorized Signature: Date: Authorized Signature: Date:
Name: Title: Name: Title:
55735.00001\42273383.1
Amperon Holdings, Inc.
2000 Crawford Street, Suite 1300
Houston, Texas 77002
ORDER FORM
Customer Contact Information
Customer
Name:
Orange County Power Authority (the “Customer”)
Customer
Contact
Joe Mosca (Primary)
Owen Lee (Secondary)
Billing
Contact
Saul Viramontes
Address P.O. Box 54283, Irvine, CA 92619 Billing
Address
P.O. Box 54283, Irvine, CA
92619
Phone 949.767.8709 Billing Phone 949.767.8711
Email [email protected]
[email protected]
Billing Email [email protected]
Platform and Modules (the “Platform”)
Item Description Subscription Period (the
"Initial Subscription
Period")
Price
AmpMeter: Long-term
Forecast
+
AmpMeter: Short-term
Forecast
5-Year Long-Term Forecast and a 15-
day Short-Term forecast from
aggregated SCADA Data
(13 forecasts: 1 geographic territory and
13 rate categories)
12 month subscription
Beginning: May 1, 2024
Concluding: April 30, 2025
$60,000.00
Summary of the Fees (the "Fees")
Annual Charges (Pre-Tax): $60,000.00
Document Ref: 9S463-OHGSF-Q8QTD-NHC65 Page 1 of 12
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This Order Form (this “Order Form”) is entered into on this day, May 6, 2024 (the “Effective Date”) by and between Amperon Holdings, Inc. (“Amperon”) and Customer and is subject to the Customer Terms and Conditions (the “Customer Terms”), which contain, among other things, warranty disclaimers, liability limitations and use limitations. There shall be no force or effect given to any different terms of any related purchase order or other similar form, even if signed by the parties after the date hereof. Each party represents and warrants that its signatory below is duly authorized to bind such party to this Order Form. Any capitalized term used in this Order Form but not defined shall have the meaning given to such term in the Customer Terms. To the extent the terms of this Order Form conflict with the terms of any Customer Terms, the terms of this Order Form shall govern.
IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to enter into this Agreement as of the Effective Date below.
AMPERON CUSTOMER
Authorized Signature: Date: Authorized Signature: Date:
Name: Title: Name: Title:
APPROVED AS TO FORM:
_________________________________
General Counsel
2024-05-08
Alex Robart CRO
2024-05-09
Joseph M. Mosca CEO
Nicholaus Norvell
Document Ref: 9S463-OHGSF-Q8QTD-NHC65 Page 2 of 12
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AMPERON HOLDINGS, INC.
CUSTOMER TERMS AND CONDITIONS
1. Overview.
1.1 Overview. These Customer Terms and Conditions (these “Customer Terms”) constitute a legal agreement by and between Amperon Holdings, Inc. (“Amperon”) and the customer set forth in the Customer Form (as defined below) entered into in connection herewith (“Customer”) and govern Customer’s access to and use of Amperon’s Services (as defined below). The Customer Form and these Customer Terms are collectively referred to as this “Agreement”.
1.2 Services. Amperon provides an online platform that enables Customers to forecast energy demand and add-on modules (each a “Module”) which provide additional features. The platform, together with the Modules identified on the Customer Form, are collectively referred to as the “Platform”. Additionally, the Customer’s subscription may also include access to Amperon’s professional services (“ProfessionalServices”), as set forth on the Customer Form. The Platform and Professional Services are collectively referred to as the “Services”. A subscription is required for the Customer to access the Services and may be procured by Customer through Amperon’s HubSpot interface (the “Interface Form”), or via an order form entered into between Customer and Amperon (each, an “Order Form”) (such Interface Form or Order Form, as applicable, the “Customer Form”).
The Customer Form will generally address commercial items, including, without limitation, “Fees”, “Effective Date”, and “Subscription Period”. Customer may place orders for Services in addition to those set forth on the Customer Form, by entering into additional Customer Forms with Amperon.
2. Subscription Period & License Rights.
2.1 Subscription Period. Subject to the termination provisions provided below, the term of this Agreement shall commence on the Effective Date, as specified in the Customer Form, and initially continue for the initial subscription period (the “Initial Subscription Period”), as specified in the Customer Form.
2.2 License Rights. Subject to the terms and conditions contained in this Agreement, Amperon hereby grants to Customer and its Authorized Users the following rights during the Subscription Period only in connection with the Services and solely for the Customer’s internal business purposes:
i. a non-exclusive, non-transferable, non-sublicensable right to use and access the Platform; and ii. a non-exclusive, non-transferable, non-sublicensable, royalty-free license to use and copy the documentation for the foregoing as made available by Amperon (the “Documentation”).
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2.3 Restrictions. Customer may make the Platform available to its (i) authorized employees (“Authorized Employees”); and (ii) end customers if pre-authorized by Amperon in writing (“Authorized Consumers”, and together with Authorized Employees, “Authorized Users”). Amperon may at is sole discretion require that such Authorized Users be further subject to an end user license agreement entered into by and between Customer and such Authorized Users. Customer acknowledges and agrees that, as between Customer and Amperon, Customer shall be responsible and liable for all acts and omissions of Customer and its Authorized Users accessing the Platform and all actions taken by Customer and its Authorized Users based on its and their use of the Platform. Customer will not, and shall ensure that is Authorized Users will not allow any third party to: (i) reverse engineer, reverse assemble, decompile, or otherwise attempt to derive source code from, or to otherwise alter or modify the Platform or to the underlying databases used to provide the Platform; or (ii) remove, obscure or alter any notice of patent, copyright, or other proprietary right in or on the Platform and the Documentation.
Customer shall and shall ensure its Authorized Users comply with all applicable local, state, federal, and foreign laws, treaties, regulations, and conventions in connection with its use of the Platform. Customer agrees to not exceed request rate limits in Customer’s use of the Platform. No rights are granted by Amperon with respect to any source code.
3. Additional Conditions.
3.1 Customer Must Have Adequate Internet Access. An Internet connection is required for access to the Platform. Customer is responsible for procuring and maintaining the network connections necessary for such access. Customer acknowledges and agrees that Amperon is not responsible for any compromise of data transmitted across computer networks or telecommunications facilities (including but not limited to the Internet) which are not owned or operated by Amperon or for any unauthorized access to the Platform by third parties.
3.2 Data & Content.
a. Customer Data & Content. Customer acknowledges and understands that use of the Services may require Customer to provide Company with access to certain information such as energy usage data, consumer data and metadata, Customer personnel data, and other information about the Customer and its operations (collectively, “Customer Data”). Customer hereby grants to Amperon a non-exclusive, irrevocable, royalty-free license during the term of this Agreement to use, copy, and store Customer Data in connection with the delivery of the Services and the generation of Generated Data (as defined below). Customer will be solely responsible for the accuracy and completeness of Customer Data. Customer shall be responsible for all changes to and/or deletions of Customer Data and the security of all passwords and other access protocols required to access the Platform. Customer represents and warrants that it has all necessary rights to provide Amperon with the use of and access to Customer Data and that Amperon’s use thereof as contemplated herein will not violate the rights of any consumer or third party. Customer represents and warrants that any such Customer Data provided to Document Ref: 9S463-OHGSF-Q8QTD-NHC65 Page 4 of 12
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Amperon hereunder shall be non-infringing of any third party, and Customer affirms that it has all legal rights to access and provide such Customer Data hereunder. Customer understands that Company’s access to Customer Data is necessary to provide the Services. For the avoidance of doubt, if Customer fails to furnish sufficiently clean Customer Data, or fails to provide access to industry-standard data sources (as determined by Amperon’s sole and absolute discretion), then Amperon shall have no obligation to deliver the Services until the Customer Data and/or access issues are resolved (and if not promptly resolved, Amperon may terminate this Agreement effective immediately).
b. Deletion of Data. Amperon shall permanently delete Customer Data within thirty (30) days following expiration or termination of this Agreement.
c. Validation. Following initial importing of Customer Data onto the Platform and unless otherwise set forth on the Customer Form, Customer shall conduct and be solely responsible for validation testing of Customer Data as used on the Platform.
d. Generated Data. Amperon collects, creates and/or generates various types of data through the Platform and related back-end services (collectively, “Generated Data”). Generated Data is the sole property and Confidential Information (as defined below) of Amperon and may be used and disclosed by Amperon without restriction. e. Information Limitations. Customer acknowledges that some or all of the information available through the Platform (“Third Party Information” and, collectively with the Generated Data, the “Supplied Information”) may be supplied by various independent sources (“Independent Information Suppliers”). While Amperon believes these Independent Information Suppliers to be reliable, it does not warrant or guarantee the accuracy, completeness, timeliness, noninterruption, or sequencing, of the Third Party Information by Independent Information Suppliers or of the Supplied Information. Customer agrees that neither Amperon nor the Independent Information Suppliers shall be liable for the accuracy, completeness, timeliness, interruption, or sequencing, of the Supplied Information, or for any decision made by Customer, or any action taken or not taken by Customer, in reliance upon the Supplied Information, including but not limited to any forecasting accuracy. The Third Party Information is the property of the Independent Information Suppliers and may be protected by copyright.
Customer agrees not to reproduce, retransmit, disseminate, sell, or distribute, the Supplied Information in any form or manner without the express written consent of Amperon and the Independent Information Supplier.
3.3 Support. Amperon shall provide reasonable support during business hours on an as-available basis.
3.4 Hosting Provider Service Levels. The Platform is hosted on Google Cloud Platform (“GCP”), which offers robust availability metrics. Amperon will use reasonable commercial efforts to ensure that the Platform is available at all times during the Subscription Period, subject to the availability of GCP. Amperon will be Document Ref: 9S463-OHGSF-Q8QTD-NHC65 Page 5 of 12
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responsible for communicating to Customer in a timely manner if the Platform is unavailable, either due to internal error or GCP downtime.
3.5 Platform Reviews. Customer shall use reasonable commercial efforts to participate in Platform reviews regarding the current functionality of the Platform and roadmap features contemplated by Amperon, with such reviews to be scheduled as mutually agreed upon by the parties. Any input regarding the Platform shall be considered Amperon Confidential Information and Customer hereby assigns all right, title and interest therein, including all intellectual property rights therein, to Amperon.
4. Fees & Payment.
4.1 Fees and Payment. Customer will pay Amperon the then applicable fees described in the Customer Form for the Services in accordance with the terms therein (the “Fees”). The Fees shall be due and payable in full within thirty (30) days following the date of invoice unless otherwise set forth on the Customer Form. Any undisputed late payments shall be subject to a service charge equal to one-point-five percent (1.5%) of the amount due (calculated on a monthly basis) or the maximum amount allowed by law, whichever is less. All Fees due hereunder shall be in USD.
4.2 Taxes. Amperon Fees do not include any local, state, federal or foreign taxes, levies or duties of any nature, including value-added, sales, use, or withholding taxes (“Taxes”). Customer is responsible for paying all Taxes, excluding only taxes based on Amperon's net income. If Amperon has the legal obligation to pay or collect Taxes for which Customer is responsible, the appropriate amount shall be invoiced to and paid by Customer unless Customer provides Amperon with a valid tax exemption certificate authorized by the appropriate taxing authority.
5. Proprietary Rights.
5.1 Ownership; License from Customer. As between Amperon and Customer, all title and intellectual property rights in and to Customer Data is owned exclusively by Customer.
5.2 Amperon Intellectual Property Rights. Customer agrees that all rights, title and interest in and to all intellectual property rights in the Platform are owned exclusively by Amperon or its licensors. Except as provided in this Agreement, the license granted to Customer does not convey any rights in the Platform or Supplied Information, whether express or implied. Notwithstanding any other provision of this Agreement, Amperon may make use of any ideas, concepts, know-how, methodologies, processes or techniques, whether or not patentable, learned, acquired or developed by Amperon in the provision of the Platform or performance of the Services for all purposes of its business provided that Amperon does not breach any obligation of confidentiality set out in this Agreement.
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5.3 Customer Reference. Customer hereby grants Amperon permission to use its name, trademark, and/or logo to identify Customer as a customer of Amperon on Amperon’s Website or otherwise in connection with Amperon’s fundraising, marketing and/or sales efforts.
6. Suspension/Termination.
6.1 Suspension. Amperon reserves the right to suspend Customer’s access to and/or use of the Platform (i) if amounts are not paid when due, or (ii) if Amperon reasonably concludes that Customer has used the Platform in violation of this Agreement or to engage in illegal activity, and/or that Customer’s use of the Platform is causing immediate, material and ongoing harm to Amperon or others. In the extraordinary event that Amperon suspends access to the Platform, Amperon will use commercially reasonable efforts to limit the suspension to the offending portion of the Platform and resolve the issues causing the suspension of Platform. Customer agrees that Amperon shall not be liable to Customer or to any third party for any suspension of the Platform pursuant to this Section.
6.2 Termination for Cause. Either party may terminate this Agreement and all Customer Forms issued hereunder in the event the other party commits a material breach of any provision of this Agreement which is not cured within thirty (30) days following written notice from the non-breaching party..
6.3 Insolvency. Either party may, at its option, terminate this Agreement immediately upon written notice to the other party, in the event that (i) the other party becomes insolvent or unable to pay its debts when due; (ii) the other party files a petition in bankruptcy, reorganization or similar proceeding, or, if filed against, such petition is not removed within ninety (90) days after such filing; (iii) the other party discontinues its business; or (iv) a receiver is appointed or there is an assignment for the benefit of such other party’s creditors.
6.4 Effect of Termination. Upon termination or expiration of this Agreement, Customer shall have no rights to continue use of the Platform except for rights existing during any Transition Period (as defined below). If this Agreement is terminated by Customer for any reason other than a termination by Customer under Sections 6.2 or 6.3, or by Amperon under Section 9.1, then Amperon shall be entitled to all of the Fees that would have otherwise been payable under this Agreement for the entire Subscription Period.
6.5 Transition Period. Except for termination of this Agreement by Amperon under Sections 6.2, 6.3, or 9.1, upon termination or expiration of this Agreement, both parties agree to cooperate during a transition period (the “Transition Period”). This Transition Period may last up to thirty (30) days, as agreed upon by the parties. During a Transition Period, Customer may continue to exercise the access and license rights granted to Customer in Section 2 solely to retrieve any Customer Data on the Platform and provided that Customer otherwise complies with its obligations under this Agreement.
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7. Confidentiality. For purposes of this Agreement, “Confidential Information” shall include the terms of this Agreement, Customer Data, each party’s proprietary technology, business processes and technical product information, designs, issues, all communication between the parties regarding the Platform and any information that is clearly identified in writing at the time of disclosure as confidential. Notwithstanding the foregoing, Confidential Information shall not include information which: (i) is known publicly; (ii) is generally known in the industry before disclosure; (iii) has become known publicly, without fault of the receiving party; or (iv) the receiving party becomes aware of from a third party not bound by non-disclosure obligations to the disclosing party and with the lawful right to disclose such information to the receiving party. Each party agrees: (a) to keep confidential all Confidential Information; (b) not to use or disclose Confidential Information except to the extent necessary to perform its obligations or exercise rights under this Agreement; (c) to protect the confidentiality thereof in the same manner as it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of such Confidential Information, including but not limited to inputting credit card data and social security numbers only in the fields designated for such data in the Platform) and to make Confidential Information available to authorized persons only on a “need to know” basis. Either party may disclose Confidential Information on a need to know basis to its contractors and service providers who have executed written agreements requiring them to maintain such information in strict confidence and use it only to facilitate the performance of their services in connection with the performance of this Agreement. Notwithstanding the foregoing, this Section will not prohibit the disclosure of Confidential Information to the extent that such disclosure is permitted by law or order of a court or other governmental authority or regulation, or in the event Customer receives a request for disclosure of Confidential Information under the California Public Records Act, as governed by California Government Code § 7920.000 et seq. (the “CPRA”), Customer shall provide Amperon with prompt notice of such request in order to afford Amperon an opportunity to seek an appropriate protective order; provided, however, Customer may disclose such Confidential Information pursuant to a CPRA request where an exemption does not apply, but only to the extent, in the opinion of its counsel, such disclosure is required and no applicable protective order has been obtained by Amperon.
8. No Warranty and Limitation of Liability.
8.1 Platform Provided “As-Is.” The Customer agrees that the use of the Services, and any other information available through the Services is at the Customer’s sole risk and that the Customer makes its own independent decision to access or use the Platform, and to take or not take any action based thereon. Neither Amperon nor any of its directors, officers, employees, agents, contractors and affiliates are responsible for determining whether any action taken based on use of the Services, and any other information available through the Services, is suitable, appropriate, advisable or in accordance with any laws or regulatory requirements applicable to the Customer. Neither Amperon nor any of its directors, officers, employees, agents, contractors and affiliates warrant that the Platform will be uninterrupted or error free nor do any of them make any warranty as to the results that may be obtained from the use of the Platform or as to the timeliness, sequence, accuracy, completeness, liability or content of any information or service provided through the Platform. THE PLATFORM Document Ref: 9S463-OHGSF-Q8QTD-NHC65 Page 8 of 12
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IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TRADE USAGE,
COURSE OF DEALING, COURSE OF PERFORMANCE, OR ANY WARRANTIES CONCERNING THE ACCURACY, COMPLETENESS, TIMELINESS OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, AMPERON DOES NOT REPRESENT THAT CUSTOMER’S USE OF THE PLATFORM
WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE, OR THAT THE PLATFORM WILL MEET CUSTOMER’S REQUIREMENTS.
8.2 Limitations of Liability. EXCEPT FOR EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT, NEITHER PARTY WILL BE LIABLE TO THE OTHER OR TO ANY OTHER THIRD PARTY FOR
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES (IN
CONTRACT OR TORT) IN CONNECTION WITH THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOST PROFITS, LOST SAVINGS, LOST DATA OR SPECIAL DAMAGES, EVEN IF THE
REMEDIES PROVIDED IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE AND EVEN IF SUCH PARTY HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. EITHER PARTY’S CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
EXCLUDING INDEMNIFICATION OBLIGATIONS OR A BREACH OF INTELLECTUAL PROPERTY RIGHTS,
SHALL NOT EXCEED THE FEES PAID BY CUSTOMER UNDER THE APPLICABLE CUSTOMER FORM IN THE PREVIOUS 12 MONTHS PRIOR TO THE DATE THE CLAIM AROSE.
9. Indemnification.
9.1 Infringement. Amperon shall, at its own expense and subject to the limitations set forth in this Agreement, defend Customer from and against any and all allegations, threats, claims, suits, and proceedings brought by third parties (collectively “Claims”) and shall indemnify Customer for any damages finally awarded or payable in settlement of such Claims (including, without limitation, reasonable attorneys’ fees incurred in defense and settlement thereof) (collectively, “Losses”) where the Claims allege that the Platform, as used in accordance with this Agreement, infringe third party U.S. patents issued as of the Effective Date, or any trademarks or copyrights, or misappropriate trade secrets. Excluded from the foregoing indemnification obligations are Claims to the extent arising from (i) use of the Platform in violation of this Agreement or applicable law, (ii) use of the Platform after Amperon notifies Customer to discontinue use because of an infringement claim, or (iii) use of the Platform in combination with any software, application, data, or service made or provided by a party other than by Amperon. If a Claim of infringement is brought or threatened, Amperon shall, at its sole option and expense, use commercially reasonable efforts either (a) to procure a license that will protect Customer against such Claim without cost to Customer; (b) to modify or replace all or portions of the Platform as needed to avoid infringement, such update or replacement having substantially similar or better capabilities; or (c) if (a) and (b) are not commercially feasible, terminate the Agreement and refund to the Customer a pro-rata refund of the applicable Document Ref: 9S463-OHGSF-Q8QTD-NHC65 Page 9 of 12
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amounts paid by Customer for licenses to the Platform for the applicable Subscription Period. The rights and remedies granted Customer under this Section state Amperon’s entire liability, and Customer's exclusive remedy, with respect to any claim of infringement or misappropriation of the intellectual property rights of a third party.
9.2 Customer’s Indemnity. Customer shall, at its own expense defend Amperon and its officers, directors, employees, agents, successors and assigns (“Amperon Parties”) from and against any and all Claims and shall indemnify Amperon Parties for any Losses attributable to such Claims, where the Claims (i) allege that the Customer Data, or any use thereof, violates or infringes the intellectual property rights or other rights of third parties, violates applicable law, or has caused harm to a third party, or (ii) arise out of or relate to Customer’s or its Authorized Users’ breach of this Agreement.
9.3 Indemnification Procedures and Survival. In the event of a potential indemnity obligation under this Section 9, the indemnified party shall: (i) promptly notify the indemnifying party in writing of such Claim; (ii) allow the indemnifying party to have sole control of its defense and settlement; and (iii) upon request of the indemnifying party, cooperate in all reasonable respects, at the indemnifying party’s cost and expense, with the indemnifying party in the investigation, trial, and defense of such Claim and any appeal arising therefrom. The indemnification obligations under this Section 9 are expressly conditioned upon the indemnified party’s compliance with this Section 9.3 except that failure to notify the indemnifying party of such Claim shall not relieve that party of its obligations under this Section but such Claim shall be reduced to the extent of any damages attributable to such failure. The indemnification obligations contained in this Section shall survive termination of this Agreement.
10. Insurance. Amperon shall, at its expense, procure and maintain for the duration of the Agreement such insurance policies as stated below and provide proof of such insurance policies in a form reasonably satisfactory to OCPA:
• Commercial General Liability Insurance for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001), $1,000,000 per occurrence/$2,000,000 aggregate for bodily injury, personal injury, and property damage. • Workers’ Compensation with Statutory Limits / Employer’s Liability $1,000,000 per occurrence. • Professional Liability (Errors and Omissions) liability insurance applicable to Amperon’s business of $1,000,000 per claim and in the aggregate.
• Privacy/Network Security (Cyber) Liability for privacy breaches, system breaches, denial or loss of service, and he introduction, implantation or spread of malicious software code of $1,000,000 per claim.
Insurance carriers shall be licensed and authorized to do business in California. Such insurance carrier shall have not less than an “A:VII” rating according to the latest Best Key Rating unless otherwise approved by Customer.
Amperon shall add Customer, its officers, officials, employees, agents, and volunteers as additional insureds on Amperon’s Commercial General Liability coverage. Coverage provided by Amperon shall be primary and any Document Ref: 9S463-OHGSF-Q8QTD-NHC65 Page 10 of 12
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insurance or self-insurance procured or maintained by Customer shall not be required to contribute with it. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of Customer, its officials, officers, employees, agents, and volunteers or shall specifically allow Amperon or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Amperon hereby waives its own right of recovery against Customer.
11. General Provisions. Each party agrees that before it or any employee, agent or representative of the party files a claim or suit with a federal or state agency or court or other public forum, it shall provide thirty (30) days prior written notice to the other and that, within such thirty (30) day period (or longer, if extended by mutual desire of the parties), authorized representatives of the parties shall meet (or confer by telephone) at least once in a good faith attempt to resolve the perceived dispute. Neither party may assign or transfer this Agreement without written consent of the other, except that Amperon may assign or transfer this Agreement without such consent to a related entity or to the successor of all or substantially all of its business or assets. This Agreement shall inure to benefit and bind the parties hereto and their permitted successors and assigns. There are no third-party beneficiaries to this Agreement. This Agreement does not create any joint venture, partnership, agency, or employment relationship between the parties, although Amperon reserves the right to name Customer as a user of the Platform. This Agreement, including all exhibits and/or Customer Forms, shall constitute the entire understanding between Customer and Amperon and is intended to be the final and entire expression of their agreement. The parties expressly disclaim any reliance on any and all prior discussions, emails, RFP’s, and/or agreements between the parties. There are no other verbal agreements, representations, warranties undertakings or other agreements between the parties. Under no circumstances will the terms, conditions or provisions of any purchase order, invoice or other administrative document issued by Customer in connection to this Agreement be deemed to modify, alter or expand the rights, duties, or obligations of the parties under, or otherwise modify, this Agreement, regardless of any failure of Amperon to object to such terms, provisions, or conditions. Except as expressly set forth herein, this Agreement shall not be modified or amended except in a writing signed by the parties. This Agreement shall be governed in accordance with the laws of the State of California, excluding its conflicts of law rules. The provisions of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. The parties consent and agree that any disputes, actions, claims or causes of action arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the state courts located in or for California in the County of Orange. If any provision is held by a court of competent jurisdiction to be contrary to law, such provision shall be eliminated or limited to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. A waiver of any breach under this Agreement should not constitute a waiver of any other breach or future breach. Neither party shall be liable for any loss or delay resulting from any force majeure event, including, but not limited to, acts of God, fire, natural disaster, terrorism, labor stoppage, internet service provider failures or delays, civil unrest, war or military hostilities, or criminal acts of third parties.
All sections of this Agreement which by their nature should survive termination or expiration will survive termination or expiration of this Agreement, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability. Except as expressly set forth in this Agreement, any Document Ref: 9S463-OHGSF-Q8QTD-NHC65 Page 11 of 12
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notice, report, approval or consent required or permitted hereunder shall be in writing and delivered via registered mail or international overnight courier to the address set forth on the Customer Form. This Agreement may be executed in counterparts and/or by facsimile, PDF or electronic signature and if so executed shall be equally binding as an original copy of this Agreement executed in ink by both parties.
Document Ref: 9S463-OHGSF-Q8QTD-NHC65 Page 12 of 12
Signature Certificate
Reference number: 9S463-OHGSF-Q8QTD-NHC65
Document completed by all parties on:
09 May 2024 16:38:20 UTC
Signer Timestamp Signature
Alex Robart
Email: [email protected]
Recipient Verification:
Sent: 09 May 2024 02:55:52 UTC
Viewed: 09 May 2024 03:00:31 UTC
Signed: 09 May 2024 03:01:11 UTC
✔Email verified 09 May 2024 03:00:31 UTC
IP address: 174.164.8.155
Location: Seattle, United States
Nicholaus Norvell
Email: [email protected]
Recipient Verification:
Sent: 09 May 2024 02:55:52 UTC
Viewed: 09 May 2024 14:57:57 UTC
Signed: 09 May 2024 14:58:19 UTC
✔Email verified 09 May 2024 14:57:57 UTC
IP address: 74.116.243.2
Location: Rancho Cucamonga, United States
Joseph M. Mosca
Email: [email protected]
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Contractor Name: Amperon
Contract Amount: $60,000
Contract Begin Date
(current contract term): 5/1/2024
Contract End Date
(current contract term): 4/30/2025
Evaluator - Name: Tiffany Law and Owen Lee
Evaluator - Title:
CFO and Director of Finance &
Data Analytics
Description of Services:
Contractor Performance Rating Score System:
5: Outstanding; 4: Above Average; 3: Satisfactory; 2: Marginal; 1: Unsatisfactory Please provide a score out of 5 for the following performance assessments: Score
1. Contractor adherence to the terms of the contract 5
2. Quality of Contractor's work 5
3. Contractor personnel's knowledge of the contract requirements 5
4. Cooperation/communication with OCPA 5
5. Adherence to specified contract timelines 5
6. Ability to work within contract amount 5
7. Effectiveness of Contractor Project Manager 5
8. Accuracy and timeliness of invoices 5
Overall Score (average) 5
Outstanding
Comments:
Would you do business with this Contractor again? Yes
What would be the amended Contract Begin Date? 5/1/2025 What would be the amended Contract End Date? 4/30/2026
Will this new contract or contract amendment exceed $100,000? No If yes, when will it be presented to the Board for approval? Overall Quality of Contractor's performance
Amperon has developed a machine-learning forecasting tool that enables OCPA to validate long-term budget forecasts and short-term DA load forecasts for risk management purposes. By frequently training the model with the most recent settlement data, including HB departed data, staff can closely monitor current load trends. Additionally, this tool has demonstrated a significant reduction in the annualized MAPE error to 3-7%.
Staff can utilize these results to optimize short-term settlement performance at CAISO.
Providing a long-term 5-year load forecasting service for FY24/25 to FY28/29, along with a short-term 2-week load forecast for day-ahead (DA) CAISO analysis to enhance forecast accuracy (MAPE) for risk management purposes.
Contractor Performance Evaluation Form
(For New Contract or Contract Amendment)
ORANGE COUNTY POWER AUTHORITY
Staff Report – Item 7.7
------------------------------------------------------------------------------------------------------------------------ To: Orange County Power Authority Board of Directors
From: Jacquie Henderson, Director of Communications and External Affairs Approved by: Joe Mosca, Chief Executive Officer
Subject: APPROVE SECOND AMENDMENT WITH REVEILLE, INC
Date: May 12, 2025
------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
Authorize the CEO to execute an amendment to the agreement with Reveille, Inc. for communications, marketing, strategy, public engagement, digital, and graphic design services, effective from July 1, 2025, to July 30, 2026, and increasing the not-to-exceed amount by $1,000,000, bringing the total not-to-exceed amount to $3,999,686.
BACKGROUND
The Orange County Power Authority (OCPA) has engaged Reveille, Inc. for marketing, communications, strategy, public engagement, and digital and graphic design services. This engagement is part of OCPA's broader efforts to enhance program awareness, engage with customers, and promote its renewable energy offerings. The following summary provides an overview of the key aspects of the agreement and its amendment, including the parties involved, the scope of services, and the rationale behind the contract.
The marketing and communications engagement originates from a Request for Proposals (RFP) which was released on March 7, 2023. The goal was to develop and maintain a multi-faceted plan for building program awareness and engaging customers. Three firms responded to the RFP:
Reveille, WeTheCreative, and Wicked Bionic. Proposals were evaluated based on experience, staff qualifications, approach to working with OCPA, expertise in multilingual and multicultural communications, and compliance with OCPA's professional services agreement.
Reveille, Inc. emerged as the top scorer with an average score of 4.13 out of 5, followed by Wicked Bionic and WeTheCreative. The OCPA Board of Directors (Board) approved a short-term, six-month contract with Reveille for an amount not to exceed $750,000.
On May 17, 2023, the Board discussed potential alternatives to staff's recommendation, including awarding the contract to Wicked Bionic. Ultimately, the Board approved the short-term contract with Reveille and authorized the CEO to finalize and execute the agreement.
On July 19, 2023, the Board continued discussions on the marketing and communications contract, considering options for extending the contract with Reveille, holding open the prior RFP for future award decisions, or issuing a new RFP for services starting January 1, 2024.
The original Professional Services Agreement was contracted to provide a comprehensive suite of services aimed at building program awareness, engaging OCPA's residential, commercial, and industrial customers, and supporting the program's website and design needs. Specific tasks included agency branding, web design, community outreach, marketing campaigns, media relations, and project management. The initial term of the agreement was set from July 1, 2023, to December 31, 2023, with options to extend for three additional one-year terms. The total not-to-exceed for the services was $750,000.
On September 25, 2023, the Board approved the First Amendment, extended the term of the agreement, and increased the not-to-exceed amount. The initial term was extended through June 30, 2025. To accommodate the extended term and additional services, the not-to-exceed amount was increased to $2,999,686.
ANALYSIS
The engagement of Reveille, Inc. is a strategic move by OCPA to enhance its marketing and communications efforts, build brand awareness, and foster long-term community engagement. The amendment to the agreement that extends Reveille’s support of OCPA reflects the confidence OCPA has in the organization’s work and ensures that Reveille can continue to provide high-quality services through June 2025. The Board's ongoing discussions and decisions will shape the future direction of OCPA's marketing and communications strategy.
Reveille has experience with adjusting communications to meet the specific needs of OCPA, which is a desired quality for the coming year as OCPA looks to deepen brand education and program engagement in member cities. To date OCPA has taken the approach of wide brand awareness to help the organization progress and move past early challenges. This has been successful in turning the page and creating more robust communications streams, enhancing positive visibility. However, member city customers continue to lack understanding about the benefits of having OCPA as their energy provider. The goal for FY25/26 is to hyperfocus on member cities and key prospective cities to become the trusted source for energy knowledge, tips, and programs that save customers time and money while supporting the renewable energy transition. This is framed progressing from a brand awareness focus to a brand education focus.
Over the past two years, Reveille has supported OCPA by developing OCPA’s brand look and feel and designing a multiplatform communications profile that has improved with time.
Highlights of Reveille’s support over the past year include:
• Supporting the launch of five discount and incentive programs, • Creating 36 videos that have earned 1,853,838 views,
• Sending six digital newsletters to 4,693 subscribers, all of which have above industry average open rates,
• Publishing 16 blog posts that earned OCPA recognition as a Top Orange County Blog by FeedSpot, and
• Accelerating multicultural outreach and support through publication and community organization partnerships, leading to two successful Multicultural Leader Briefings.
Approval of the Second Amendment will provide support for:
1. Research shifted specifically to measure year-over-year movement in public awareness and favorability in member cities, and to test messaging.
2. Community Education Events including past successful efforts like community event sponsorships, and new efforts like a Leadership Academy educational opportunity for local and state elected officials, a Community Academy educational program for current and future customers, and partnerships with trusted service providers to promote low-income programs.
3. Multicultural Outreach, specifically deepening connections in hard-to-reach areas of member cities, including spaces where English is the second language.
4. Media Relations to include an editorial calendar of proactive media pitches and deskside briefings, and increased bylined content from senior staff and Board members in trade publications.
5. Paid Media shifting from board promotion on digital billboards and connected TV to hyperlocal bus shelters, HOA newsletters, City publications, and newspapers/magazines.
6. Video Production focused on education such as “How to Read Your NEM bill” and “What is Energy Efficiency”, as well as videos specific to the City of Fountain Valley’s 2026 launch.
7. Website additions including educator resources aligned with state curriculum standards.
8. Internal Communications alignment with a messaging toolkit so that all team members are sharing the same information externally.
FISCAL IMPACT
The approved not-to-exceed (NTE) amount of $2,999,686 for the First Amendment term (July 1, 2023 – June 30, 2025) was included in the adopted FY2024/2025 budget. The proposed additional $1,000,000 NTE for the Second Amendment will be incorporated into the proposed FY2025/2026 budget, pending board approval in June 2025. This brings the total NTE balance to $3,999,686.
ATTACHMENTS
Attachment A – Second Amendment with Reveille, Inc.
Attachment B – First Amendment with Reveille, Inc. – 9.13.2023 Attachment C – Professional Services Agreement with Reveille, Inc. – 6.1.2023 Attachment D – Contractor Evaluation Form – 5.1.2025
Attachment E – FY24/25 Public Outreach and Marketing Highlights and FY25/26 Look Ahead
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN ORANGE COUNTY POWER AUTHORITY AND REVEILLE, INC.
THIS SECOND AMENDMENT (“Second Amendment”) is entered into on May 13, 2025, (“Amendment Effective Date”), by and between the ORANGE COUNTY POWER AUTHORITY, a California joint powers authority (“OCPA”) and REVEILLE, INC., a California stock corporation (“Consultant”). OCPA and Consultant are sometimes individually referred to herein as the “Party” and collectively as the “Parties.”
RECITALS
A. The Parties entered into that certain Professional Services Agreement between OCPA and Consultant, dated June 1, 2023 (“Agreement”).
B. Pursuant to the Agreement, Consultant provides marketing, communications, strategy, public engagement, and digital and graphic design services to Authority.
C. The Parties desire to amend further the Agreement to extend the Term of the Agreement and increase the not-to-exceed amount payable to Consultant through the extended Term.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed by and between the Parties as follows:
1. Amendment of Section 1.2. Section 1.2 of the Agreement is amended to extend the initial term of the Agreement through June 30, 2026. The term may be extended as provided therein.
2. Amendment of Section 3.1. Section 3.1 of the Agreement is amended to increase the not-to-exceed amount payable by the Authority to Consultant for Consultant’s services to Three Million, Nine Hundred and Ninety-Nine Thousand, Six Hundred and Eighty-Six Dollars ($3,999,686).
3. Exhibit B. Exhibit B of the Agreement is amended to increase the not-to-exceed amount to Three Million, Nine Hundred and Ninety-Nine Thousand, Six Hundred and Eighty-Six Dollars ($3,999,686).
4. Capitalized Terms. Any capitalized terms not defined herein shall have the meanings set forth in the Agreement.
5. Counterparts. This Amendment may be executed in two or more counterparts, including facsimile counterparts, each of which shall, for all purposes, be deemed an original and all such counterparts, taken together, shall constitute one and the same instrument.
6. Full Force. Except as expressly set forth herein, the Agreement shall remain unmodified and in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this First Amendment to the Professional Services Agreement between Orange County Power Authority and Reveille, Inc., as of the date first set forth above.
ORANGE COUNTY POWER AUTHORITY,
a California joint powers authority
Name:
Title:
Date:
REVEILLE, INC., a California stock
corporation
Name:
Title:
Date:
APPROVED AS TO FORM:
General Counsel
55735.00001\41610125.1
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN ORANGE COUNTY POWER AUTHORITY AND REVEILLE, INC.
THIS FIRST AMENDMENT (“First Amendment”) is entered into on September __, 2023 (“Amendment Effective Date”), by and between the ORANGE COUNTY POWER AUTHORITY, a California joint powers authority (“OCPA”) and REVEILLE, INC., a California corporation (“Consultant”). OCPA and Consultant are sometimes individually referred to herein as the “Party” and collectively as the “Parties.”
RECITALS
A. The Parties entered into that certain Professional Services Agreement between OCPA and Consultant, dated June 1, 2023 (“Agreement”).
B. Pursuant to the Agreement, Consultant provides marketing, communications, strategy, public engagement, and digital and graphic design services to Authority.
C. The Parties desire to amend the Agreement to extend the Term of the Agreement and increase the not-to-exceed amount payable to Consultant through the extended Term.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed by and between the Parties as follows:
1. Amendment of Section 1.2. Section 1.2 of the Agreement is amended to extend the initial term of the Agreement through June 30, 2025. The term may be extended as provided therein.
2. Amendment of Section 3.1. Section 3.1 of the Agreement is amended to increase the not-to-exceed amount payable by the Authority to Consultant for Consultant’s services to Two Million, Nine Hundred and Ninety-Nine Thousand, Six Hundred and Eighty-Six Dollars ($2,999,686).
3. Exhibit B. Exhibit B of the Agreement is amended to increase the not-to-exceed amount to Two Million, Nine Hundred and Ninety-Nine Thousand, Six Hundred and Eighty-Six Dollars ($2,999,686).
4. Capitalized Terms. Any capitalized terms not defined herein shall have the meanings set forth in the Agreement.
5. Counterparts. This Amendment may be executed in two or more counterparts, including facsimile counterparts, each of which shall, for all purposes, be deemed an original and all such counterparts, taken together, shall constitute one and the same instrument. 55735.00001\41610125.1
6. Full Force. Except as expressly set forth herein, the Agreement shall remain unmodified and in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this First Amendment to the Professional Services Agreement between Orange County Power Authority and Reveille, Inc., as of the date first set forth above.
ORANGE COUNTY POWER AUTHORITY
Name: _______________________________
Title:________________________________
Date: ________________________________
REVEILLE, INC.
Name: _____________________________
Title: ______________________________
Date: ______________________________
APPROVED AS TO FORM:
_________________________________
General Counsel
Interim Chief Executive Officer
9/25/2023
CEO
9/25/23
55735.00001\34007512.1 1
ORANGE COUNTY POWER AUTHORITY
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is made and entered into on June 1, 2023, by and between ORANGE COUNTY POWER AUTHORITY, a California joint powers authority (“Authority”) and REVEILLE, INC., a California S-Corporation (“Consultant”).
Authority and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”
RECITALS
A. Consultant desires to perform and assume responsibility for the provision of certain professional services required by Authority on the terms and conditions set forth in this Agreement.
Consultant represents that it is experienced in providing marketing, communications, strategy, public engagement, digital, and graphic design services, is licensed in the State of California, and is familiar with the plans of Authority.
B. Authority desires to engage Consultant to render such professional services for the design and implementation of a public engagement strategy (“Project”) as set forth in this Agreement.
AGREEMENT
1. Scope of Services and Term.
1.1 General Scope of Services. Consultant promises and agrees to furnish to Authority all labor and services and incidental and customary work necessary to fully and adequately supply assist the Authority the implementation services necessary for the Project (“Services”). The Services are more particularly described in Exhibit A attached hereto, and which are stated in the proposal to Authority. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto, and all applicable local, state and federal laws, rules and regulations.
1.2 Term. The term of this Agreement shall be from July 1, 2023 to December 31, 2023, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The term may be extended for three additional one-year terms.
2. Responsibilities of Consultant.
2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Authority retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees 55735.00001\34007512.1 2
of Authority and shall at all times be under Consultant’s exclusive direction and control.
Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, Authority shall respond to Consultant’s submittals in a timely manner. Upon request of Authority, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of Authority.
2.4 Substitution of Key Personnel. Consultant has represented to Authority that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of Authority. In the event that Authority and Consultant cannot agree as to the substitution of key personnel, Authority shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to Authority, or who are determined by the Authority to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the Authority. The key personnel for performance of this Agreement are as follows:
• Brenda Springer
• Brenda Deeley (Consultant)
• Scott Burris
• Jenny Wedge
• Olivia Valdez
• Janelle Kruly
• Hailley Baker
• Grace Granados
• Suzanna Choi (Consultant)
2.5 Authority’s Representative. Authority hereby designates the Chief Executive Officer, or designee, to act as its representative for the performance of this Agreement (“Authority’s Representative”). Authority’s Representative shall have the power to act on behalf of Authority for all purposes under this Agreement. Consultant shall not accept direction or orders from any person other than Authority’s Representative, or designee.
2.6 Consultant’s Representative. Consultant hereby designates Brenda Springer, or his or her designee, to act as its Representative for the performance of this Agreement 55735.00001\34007512.1 3
(“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
2.7 Coordination of Services. Consultant agrees to work closely with Authority staff in the performance of Services and shall be available to Authority’s staff, consultants and other staff at all reasonable times.
2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.
Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and sub- contractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from Authority, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subcontractors who is determined by Authority to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to Authority, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to Authority, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold Authority, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
2.10 Insurance.
2.10.1 Time for Compliance. Consultant shall not commence the Services under this Agreement until it has provided evidence satisfactory to Authority that it has secured all insurance required under this section, in a form and with insurance companies acceptable to Authority. In addition, Consultant shall not allow any subcontractor to commence work on any 55735.00001\34007512.1 4
subcontract until it has provided evidence satisfactory to Authority that the subcontractor has secured all insurance required under this section.
2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001 or exact equivalent); (2) Automobile Liability: Insurance Services Office Business Auto Coverage (form CA 0001, code 1 (any auto) or exact equivalent); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.
2.10.3 Professional Liability. Consultant shall procure and maintain, and require its subcontractors to procure and maintain, for a period of five (5) years following completion of the Services, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $2,000,000 per claim. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by Authority to add the following provisions to the insurance policies:
(A) General Liability.
(i) Commercial General Liability Insurance must include coverage for (1) Bodily Injury and Property Damage; (2) Personal Injury/Advertising Injury; (3) 55735.00001\34007512.1 5
Premises/Operations Liability; (4) Products/Completed Operations Liability; (5) Aggregate Limits that Apply per Project; (6) Explosion, Collapse and Underground (UCX) exclusion deleted; (7) Contractual Liability with respect to this Agreement; (8) Broad Form Property Damage; and (9) Independent Consultants Coverage.
(ii) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement. (iii) The policy shall give Authority, its directors, officials, officers, employees, and agents insured status using ISO endorsement forms 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (iv) The additional insured coverage under the policy shall be “primary and non-contributory” and will not seek contribution from Authority’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13, or endorsements providing the exact same coverage.
(B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) Authority, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects Authority, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by Authority, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. (C) Workers’ Compensation and Employers Liability Coverage. (i) Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and Consultant will comply with such provisions before commencing work under this Agreement.
(ii) The insurer shall agree to waive all rights of subrogation against Authority, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Defense costs shall be payable in addition to the limits set forth hereunder. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance 55735.00001\34007512.1 6
coverage requirements and/or limits set forth herein shall be available to Authority, its directors, officials, officers, employees and agents as additional insureds under said policies. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named insured; whichever is greater. (i) The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Authority (if agreed to in a written contract or agreement) before Authority’s own insurance or self-insurance shall be called upon to protect it as a named insured. The umbrella/excess policy shall be provided on a “following form” basis with coverage at least as broad as provided on the underlying policy(ies). (ii) Consultant shall provide Authority at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to Authority at least ten (10) days prior to the effective date of cancellation or expiration.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by Authority, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(v) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Authority has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Authority will be promptly reimbursed by Consultant or Authority will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Authority may cancel this Agreement. Authority may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (vi) Neither Authority nor any of its directors, officials, officers, employees or agents shall be personally responsible for any liability arising under or by virtue of 55735.00001\34007512.1 7
this Agreement.
2.10.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to Authority, its directors, officials, officers, employees, agents and volunteers.
2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by Authority. Consultant shall guarantee that, at the option of Authority, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects Authority, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, licensed to do business in California, and satisfactory to Authority.
2.10.8 Verification of Coverage. Consultant shall furnish Authority with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to Authority. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms provided by Authority if requested. All certificates and endorsements must be received and approved by Authority before work commences. Authority reserves the right to require complete, certified copies of all required insurance policies, at any time.
2.10.9 Subcontractor Insurance Requirements. Consultant shall not allow any subcontractors to commence work on any subcontract until they have provided evidence satisfactory to Authority that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors shall be endorsed to name Authority as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, Authority may approve different scopes or minimum limits of insurance for particular subcontractors.
2.10.10 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life-saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 55735.00001\34007512.1 8
3. Fees and Payments.
3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit C, attached hereto. The total compensation shall not exceed $750,000 without written approval of Authority’s Board of Directors. Extra Work may be authorized, as described below, and, if authorized, said Extra Work will be compensated at the rates and manner set forth in this Agreement.
3.2 Payment of Compensation. Consultant shall submit to Authority a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant.
The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. Authority shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by Authority.
3.4 Extra Work. At any time during the term of this Agreement, Authority may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by Authority to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from Authority’s Representative.
4. Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of Authority during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
5. General Provisions.
5.1 Termination of Agreement.
5.1.1 Grounds for Termination. Authority may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to Authority, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
55735.00001\34007512.1 9
5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, Authority may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such documents and other information within fifteen (15) days of the request.
5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, Authority may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant:
Reveille, Inc.
C/O Brenda Springer
150 Paularino Ave. Bldg. B, Costa Mesa, CA 92626
Authority:
Orange County Power Authority
15642 Sand Canyon Ave.
P.O. Box 54283
Irvine, CA 92619-4283
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
5.3 Ownership of Materials and Confidentiality.
5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for Authority to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that Authority is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & 55735.00001\34007512.1 10
Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by Authority. Authority shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at Authority’s sole risk.
5.3.2 Intellectual Property. In addition, Authority shall have and retain all right, title and interest (including copyright, patent, trade secret and other proprietary rights) in all plans, specifications, studies, drawings, estimates, materials, data, computer programs or software and source code, enhancements, documents, and any and all works of authorship fixed in any tangible medium or expression, including but not limited to, physical drawings or other data magnetically or otherwise recorded on computer media (“Intellectual Property”) prepared or developed by or on behalf of Consultant under this Agreement as well as any other such Intellectual Property prepared or developed by or on behalf of Consultant under this Agreement.
Authority shall have and retain all right, title and interest in Intellectual Property developed or modified under this Agreement whether or not paid for wholly or in part by Authority, whether or not developed in conjunction with Consultant, and whether or not developed by Consultant. Consultant will execute separate written assignments of any and all rights to the above referenced Intellectual Property upon request of Authority.
Consultant shall also be responsible to obtain in writing separate written assignments from any subcontractors or agents of Consultant of any and all right to the above referenced Intellectual Property. Should Consultant, either during or following termination of this Agreement, desire to use any of the above-referenced Intellectual Property, it shall first obtain the written approval of the Authority.
All materials and documents which were developed or prepared by the Consultant for general use prior to the execution of this Agreement and which are not the copyright of any other party or publicly available and any other computer applications, shall continue to be the property of the Consultant. However, unless otherwise identified and stated prior to execution of this Agreement, Consultant represents and warrants that it has the right to grant the exclusive and perpetual license for all such Intellectual Property as provided herein.
Authority further is granted by Consultant a non-exclusive and perpetual license to copy, use, modify or sub-license any and all Intellectual Property otherwise owned by Consultant which is the basis or foundation for any derivative, collective, insurrectional, or supplemental work created under this Agreement.
5.3.3 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of Authority, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant 55735.00001\34007512.1 11
which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use Authority’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of Authority.
5.3.4 Infringement Indemnification. Consultant shall defend, indemnify and hold Authority, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by Authority of the Documents & Data, including any method, process, product, or concept specified or depicted.
5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
5.5 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
5.6 Indemnification.
5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of Authority’s choosing), indemnify and hold the Authority, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant shall defend, at Consultant’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against Authority, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against Authority or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding.
Consultant shall reimburse Authority and its directors, officials, officers, consultants, employees, agents and/or volunteers, for any and all legal expenses and costs, including reasonable attorneys’ fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the Authority, its officials, officers, employees, agents, or volunteers. This section shall survive any expiration or termination of this Agreement.
5.7 Entire Agreement. This Agreement contains the entire Agreement of the Parties 55735.00001\34007512.1 12
with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties.
5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County, California.
5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
5.10 Authority’s Right to Employ Other Consultants. Authority reserves right to employ other consultants in connection with this Project.
5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.
5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of Authority. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.
All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to Authority include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
55735.00001\34007512.1 13
5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, Authority shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of Authority, during the term of his or her service with Authority, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
5.19 Equal Opportunity Employment and Subcontracting. Consultant represents that it is an equal opportunity employer and it shall not discriminate on the basis of race, gender, gender expression, gender identity, religion, national origin, ethnicity, sexual orientation, age, or disability in the solicitation, selection, hiring, or treatment of applicants, employees, subcontractors, vendors, or suppliers. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Further, Consultant shall provide equal opportunity for subcontractors to participate in subcontracting opportunities.
5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Workers’ Compensation, or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
5.23 Subcontracting. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of Authority.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
55735.00001\34007512.1 14
IN WITNESS WHEREOF, the Parties have made and executed this Agreement as of the date first written above.
ORANGE COUNTY POWER
AUTHORITY
By : _________________________________
Name: _______________________________
Title: ________________________________
REVEILLE, INC
By : _________________________________
Name: _______________________________
Title: ________________________________
ATTEST: _________________________________ Secretary, Authority Board of Directors APPROVED AS TO FORM: _________________________________ General Counsel *A corporation requires the signatures of two corporate officers.
One signature shall be that of the Chairman of Board, the President or any Vice President, and the second signature (on the attest line) shall be that of the Secretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer of such corporation.
If the above persons are not the intended signators, evidence of signature authority shall be provided to Authority.
Joseph M. Mosca
Interim Chief Executive Officer
Exhibit A
15 55735.00001\34007512.1
EXHIBIT A
SCOPE OF SERVICES
Detailed tasks in this service category may include but are not limited to the following:
1. Agency Branding, Design, Messaging, and Identity:
a. Working with staff and key leadership, develop core messaging for use on the website, in marketing materials, and for community presentations. b. Conduct research to test the impact and effectiveness of messaging and to guide development of messaging, including surveys, polling, and focus groups. c. Refresh and maintain a multi-functional, multi-lingual website that includes a rate calculator, ability to opt-out of the program and other interactive features that allow customers to easily understand their energy costs and environmental impact of their participation.
d. Develop and implement a social media strategy that includes the posting of compelling content, responding to, or reposting people who share your content, and engaging with the most effective social media platforms available, etc. e. Develop/update program collateral including FAQs, program brochures, fact sheets, event give aways, and power point templates as needed. f. If budget allows, develop one or more short informational videos for use on OCPA’s website, social media and at community meetings.
2. Web Design, Content Development, and Maintenance:
a. Assist with content update and redesign of OCPA’s current website (www.ocpower.org) including translation into eight (8) languages besides English (Spanish, Chinese, Vietnamese, Korean, Japanese, Arabic, Farsi, and Tagalog) and integration of opt-out/opt-up capabilities and other interactive features.
b. Assist with the creation of exceptionally professional, clean, and compelling new pages for OCPA that incorporate best practices in user interface, user experience, and Americans with Disabilities (ADA) compliance. c. Demonstrate superior skills in developing functionality within the website to support the needs of the programs and general services of OCPA, such as but not limited to pop-up windows, embedded forms, and dynamic layouts. d. Provide and follow a clearly defined process for creation and execution of new web content and features that includes wireframes, mock-ups, user-acceptance testing, final review by client in pre-production environment, and notification of client directly after code release.
Exhibit A
16 55735.00001\34007512.1
e. Assist in analyzing e website analytics and recommend ways to improve metrics.
f. Assist with providing direction and/or instruction to OCPA staff on basic website features for staff to self-serve for content updates and other needs.
3. Community Outreach and Stakeholder Engagement:
a. Develop a communications and outreach plan for staff and Board approval detailing the methods and timing of various local communications strategies including the integration of a media and advertising campaign as outlined below.
b. At the direction of OCPA staff, work with member cities to support local stakeholder and public outreach which may include but is not limited to meetings with key stakeholder groups, public workshops/webinars, local presentations, event tabling, newsletter articles, and other key outreach/engagement activities. Team members with varied cultural backgrounds and multi-lingual skills will be a key component of this effort. c. Develop and maintain an OCPA list-serve to facilitate outreach/engagement activities. Refine/expand use of regular e-newsletters and information blasts to OCPA’s list-serve and other local communication outlets.
4. Marketing and Advertising Campaign:
a. Develop multi-lingual (English, Spanish, Chinese, Vietnamese, Korean, Farsi, Japanese, Arabic, and Tagalog) and multi-cultural advertising campaign to raise public awareness of OCPA and its offerings; this will include both paid and earned media, print and digital, in a variety of mediums which could include local newspapers, on-line and social media , radio spots, billboards, bus backs/bus shelters, and other strategies to effectively reach future OCPA customers in a positive way
b. Manage and conduct press outreach – schedule editorial board meetings, draft press releases, op-eds and news articles.
c. Develop visual look, support content, and maintain a regular social media presence for OCPA on Facebook, Twitter, Instagram, Nextdoor, etc.
5. Media Relations and Public Affairs a. The successful contractor (or subcontractor within a team) will have an established and respected network of key influencer and press relationships within the Orange County region.
b. Develop and maintain a database for OCPA of local and regional press contacts.
Exhibit A
17 55735.00001\34007512.1
c. Develop a press kit, draft press releases as needed, and develop a plan for regular press engagement and positive earned media.
d. Provide feedback and strategy support for OCPA leadership on public affairs and media relations related to CCA and OCPA.
6. Project Management/Performance Metrics:
a. Participate in content and design meetings with OCPA staff, including weekly or bi-weekly project calls.
b. Provide presentations and project updates to OCPA Board and leadership as requested.
c. Provide flexible capacity to complete multiple design projects simultaneously during busy periods, and ability to rapidly ramp up or down the capacity dedicated to this contract to meet fluctuating client needs. d. Work with staff to develop elements of performance metrics. 18 EXHIBIT B
COMPENSATION BILLING RATES
Consultant shall be paid an amount not to exceed $750,000 for the term of the agreement Contractor Name:
Reveille, Inc.
Contract Amount:
$2,999,686
Contract Begin Date
(current contract term):
1-Jun-23
Contract End Date
(current contract term):
30-Jun-25
Evaluator - Name: Jacquie Henderson
Evaluator - Title:
Director of Communications
and External Affairs
Description of Services:
Contractor Performance Rating Score System:
5: Outstanding; 4: Above Average; 3: Satisfactory; 2: Marginal; 1: Unsatisfactory Please provide a score out of 5 for the following performance assessments: Score
1. Contractor adherence to the terms of the contract 5
2. Quality of Contractor's work 4
3. Contractor personnel's knowledge of the contract requirements 5
4. Cooperation/communication with OCPA 5
5. Adherence to specified contract timelines 5
6. Ability to work within contract amount 5
7. Effectiveness of Contractor Project Manager 5
8. Accuracy and timeliness of invoices 5
Overall Score (average) 4.9
Outstanding
Comments:
Would you do business with this Contractor again? Yes
What would be the amended Contract Begin Date? 1-Jul-25 What would be the amended Contract End Date? 1-Jun-26
Will this new contract or contract amendment exceed $100,000? Yes If yes, when will it be presented to the Board for approval? Yes Overall Quality of Contractor's performance
Reveille's work is consistent and meets the evolving needs of OCPA. They respond to the priorities of the agency and are flexible to meet OCPA's goals as they evolve. Their staff has developed good expertise in the CCA space and contractor partnerships have proved incredibly valuable for the organziation.
Consultant will serve as a branding and marketing partner to assist with the execution of the OCPA's marketing initiatives. Consultant shall provide strategic counsel, design, and content creation the delivery of quality communications that support marketing and communication efforts.
Contractor Performance Evaluation Form
(For New Contract or Contract Amendment)
Orange County
Power Authority
FY24/25 Public Outreach and Marketing Highlights
FY25/26 Look Ahead
SEPTEMBER 9, 2024
2 FY25 Public
Outreach and
Marketing
Highlights
SEPTEMBER 9, 2024 3
FY24/25 Public Outreach and Marketing Highlights
Fountain Valley
NEW MEMBER CITY TO START SERVICE IN OCTOBER 2026
• News releases announcing approval
and appointment of City representative
to OCPA’s Board
• Shared in newsletter and social media
• OCPA page on the City website
• Fountain Valley page on OCPA website
• Advertising in Fountain Valley Living
SEPTEMBER 9, 2024 4
FY24/25 Public Outreach and Marketing Highlights
Launched 5 Discount and Incentive
Programs
ENERGY AND COST SAVINGS
Landing pages, news releases, social media
graphics, newsletter articles, and flyers created
to promote:
• E-bike Safety and Incentive Program
• OCPA Incentive Finder
• Energy Efficiency Kits
• EV Charger Rebate Program
• Solar and Battery Storage Rebate Program
(Coming June 2025)
SEPTEMBER 9, 2024 5
FY24/25 Public Outreach and Marketing Highlights
Community Power Plan
LONG-TERM PLAN FOR ENERGY PROGRAMS
• Promoted through news releases,
landing page, newsletter, flyer, and
social media
• Q&A blog post with new Energy
Programs Manager
• Survey provided in 10 languages
SEPTEMBER 9, 2024 6
FY24/25 Public Outreach and Marketing Highlights
Promoted Grant Opportunities and
Announced Recipients
Bright Futures Grant Recipients
• Buena Park Middle School
• Cool OC
• Future Farmers of America
• Girl Scouts of Orange County
• OC Goes Solar
• The Dragon Kim Foundation
Calpine Community Benefits Grant Recipients
• CSU Fullerton
• One OC
• OC Goes Solar
• California Green Business Network
• The Dragon Kim Foundation
• Orange County United Way
• Cool OC
COMMUNITY PROGRAMS
SEPTEMBER 9, 2024 7
FY24/25 Public Outreach and Marketing Highlights
Power Content Label
• Direct mail piece
• Explainer video
• Social media posts
• Webpage
TOP U.S. GREEN RENEWABLE ENERGY PROVIDER
SEPTEMBER 9, 2024 8
FY24/25 Public Outreach and Marketing Highlights
Default Plan Changes for Buena
Park and Irvine
• Direct mail notices
• Email to customers
COMMUNICATIONS
SEPTEMBER 9, 2024 9
FY24/25 Public Outreach and Marketing Highlights
Staffers Luncheon & Community
Leaders Briefing
GOVERNMENT AND COMMUNITY RELATIONS
SEPTEMBER 9, 2024 10
FY24/25 Public Outreach and Marketing Highlights
“Picturing a
Better Tomorrow”
K-6 Art Contest
• Created social media posts, contest rules,
website, flyers and news releases
• Contest flyer distributed to before/after
school programs and private schools
• 117 submissions from Buena Park, Irvine
and Fountain Valley K-6 students
SPECIAL PROJECT
SEPTEMBER 9, 2024 11
FY24/25 Public Outreach and Marketing Highlights
Green P100NEER Promotion
Orange County Soccer Club
Fullerton Electric Bikes
YogaSix Irvine Coyote Hills
Ophthalmology
100% RENEWABLE ENERGY BUSINESS CUSTOMERS
SEPTEMBER 9, 2024 12
FY24/25 Public Outreach and Marketing Highlights
Achieved 93% Positive or Neutral
Media Sentiment
MEDIA RELATIONS
• Distributed 17 news releases
• Received 104 articles/mentions
SEPTEMBER 9, 2024 13
FY24/25 Public Outreach and Marketing Highlights
• Filmed ongoing series including:
OCPA Unplugged, Green P100NEER
partner features and Sustainably
Speaking
• Produced brand awareness
commercial and subtitled in
five languages
• Created videos for specific initiatives
Created 36 Videos and
Earned 1,853,838 Views
DIGITAL MARKETING
SEPTEMBER 9, 2024 14
FY24/25 Public Outreach and Marketing Highlights
Sent 6 Community Newsletters to 4,693
Subscribers
DIGITAL MARKETING
SEPTEMBER 9, 2024 15
FY24/25 Public Outreach and Marketing Highlights
Published 16 Blog Posts and
Recognized as a Top Orange County
Blog by FeedSpot
DIGITAL MARKETING
SEPTEMBER 9, 2024 16
FY24/25 Public Outreach and Marketing Highlights
Sponsored Events and Hosted Booths in
Member Cities (18)
COMMUNITY OUTREACH
FY24/25 Public Outreach and Marketing Highlights
New OCPA Tagline and Style Guide
Update
BRANDING
FY24/25 Public Outreach and Marketing Highlights
ADVERTISING
“Flip the Switch” Brand Awareness Campaign
FY24/25 Public Outreach and Marketing Highlights
ADVERTISING
“Powering a Brighter Future” Brand Awareness
Campaign
FY24/25 Public Outreach and Marketing Highlights
ADVERTISING
CicloIrvine Sponsorship
• 5 Bus Shelters placed in Irvine
• Promotional video for social media
FY24/25 Public Outreach and Marketing Highlights
ADVERTISING
Get the Facts Campaign (Meta, NextDoor)
FY24/25 Public Outreach and Marketing Highlights
Overall Paid Campaign Performance
July 1, 2024 – April 24, 2025
Campaign Impressions Clicks Video Views
Paid Search 10,694 2,874 N/A
Paid Social 6,496,000 59,148 3,879,400
YouTube 5,966,640 5,715 1,853,838
Gym TV 1,122,668 N/A 1,122,668
Connected/ Cable TV 852,528 N/A 852,528
Cinema 589,188 N/A 589,188
Print 2,601,391.00 N/A N/A
Outdoor 46,383,442 N/A N/A
Total 63,091,551 157,216 8,297,622
SEPTEMBER 9, 2024 23
FY24/25 Public Outreach and Marketing Highlights
Awards and Recognition
SABRE Awards North America
(Superior Achievement in Branding
Reputation and Engagement) –
Finalist, Community Relations
Leader in Sustainability Honoree
by the Orange County Business
Journal
Community Impact Award
from the Orange County Iranian
American Chamber
of Commerce
Clean Energy Partner of
the Year
from the Asian Business
Association of Orange County
Green Region: Resource
Conservation and Climate
Action Honorable Mention
from the Southern California
Association of Governments
Elevate Award
from the Filipino American
Chamber of Commerce of
Orange County
FY26
Look Ahead
FY25/26 Look Ahead
Inform residents and businesses
in member cities and prospective
cities that the Orange County
Power Authority is about
energy choice, competition,
affordability, local control,
renewable energy, and a
sustainable future.
STRATEGY
FY25/26 Look Ahead
Brand Awareness
Shift in Advertising Approach
Public Education
FY26 LOOK AHEAD
FY25/26 Look Ahead
• Increase favorability with customers by 10% annually
• Achieve balanced or positive media coverage in 80% of news stories • Deliver more than 50M impressions
• Create at least 10 informational videos
• Distribute at least 12 customer emails including bi-monthly newsletters • Produce at least 12 blog posts
• Make 24 presentations to groups and organizations
• Participate in 24 events in member communities
Objectives
FY26 LOOK AHEAD
FY25/26 Look Ahead
• Tracking survey in four member cities to measure
year-over-year movement in public awareness and
favorability, and to test messaging
• 800 sample size, 200 completions in each member city
FY26 LOOK AHEAD
Tracking Survey
FY25/26 Look Ahead
• Leadership Academy (educational opportunity for local and state elected officials, city commissioners, school board members)
• Community Academy (educational program for current
and future customers)
• Deepen multicultural outreach in member cities
• “Community Connect” pop-up booths at summer
concerts, school fairs, and city halls
FY26 LOOK AHEAD
Community Outreach
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Thank You
1 ORANGE COUNTY POWER AUTHORITY
Staff Report – Item 7.8
------------------------------------------------------------------------------------------------------------------- To: Orange County Power Authority Board of Directors
From: Pat Jacquez-Nares, Board Clerk
Approved by: Joe Mosca, Chief Executive Officer
Subject: 2025 CONFLICT OF INTEREST CODE AMENDMENT
Date: May 12, 2025
RECOMMENDED ACTION
It is recommended that the Board of Directors adopt Resolution No. 2025-XX approving the amended Conflict of Interest Code pursuant to the Political Reform Act of 1974, establishing broader applicability for the Analyst position for future similar positions. The amended code shall be submitted to the Orange County Board of Supervisors for approval.
BACKGROUND
The Authority last updated its Conflict of Interest Code on September 17, 2024, as part of the biennial review to determine if amendments were necessary. The Code requires periodic review and update when necessitated by changes in position duties, organizational structure, or when directed by the code-reviewing body. This process ensures continued alignment with the requirements of the Political Reform Act of 1974 (Government Code Section 81000 et seq.).
ANALYSIS AND DISCUSSION
Following an internal review and the addition of analyst positions, the staff recommends amending the Authority’s Conflict of Interest Code to broaden the scope of the Analyst position classification and ensure alignment with evolving organizational needs. Specifically:
• The Analyst classification, which exists across several departments, has been amended to reflect broader applicability for the Analyst position for future similar positions, still maintaining the responsibilities under Disclosure Category 5. • The language in the Code was also modified to ensure that newly created or reclassified positions that make or participate in the making of governmental decisions are subject to the broadest applicable disclosure requirements. This forward-thinking approach allows for future expansion and flexibility in coverage under the Code. • These amendments are intended to promote transparency and proactive governance in line with the Authority’s ethical standards and regulatory obligations.
A redlined version of the amended Code is attached for reference, along with a clean final version. 2 FISCAL IMPACT
None
ATTACHMENTS
Attachment A – Resolution No. 2025-XX: Resolution of the Board of Directors of Orange County Power Authority Adopting an Amendment to the Conflict of Interest Code Pursuant to the Political Reform Act of 1974
Attachment B – Legislative (redlined) version of proposed amended Conflict of Interest Code.
Attachment C – Legislative (clean) version of proposed amended Conflict of Interest Code.
Attachment D – Notice of Intention Re: Amended Code 2024
Resolution No. 2025-xx
Date Approved: May 12, 2025
RESOLUTION NO. 2025-XX
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY POWER AUTHORITY ADOPTING AN
AMENDED CONFLICT OF INTEREST CODE PURSUANT TO
THE POLITICAL REFORM ACT OF 1974
WHEREAS, the Legislature of the State of California enacted the Political Reform Act of 1974, Government Code Section 81000 et seq. (the “Act”), which contains provisions relating to conflicts of interest which potentially affect all officers, employees and consultants of the Orange County Power Authority (the “Authority”), and requires all public agencies to adopt and promulgate a conflict of interest code; and WHEREAS, the Board of Directors adopted a Conflict of Interest Code (the “Code”) on September 17, 2024, in compliance with the Act; and WHEREAS, subsequent changed circumstances within the Authority have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the Authority’s Code; and
WHEREAS, the potential penalties for violation of the provisions of the Act are substantial and may include criminal and civil liability, as well as equitable relief which could result in the Authority being restrained or prevented from acting in cases where the provisions of the Act may have been violated; and
WHEREAS, notice of the time and place of a public meeting, and of consideration by the Board of Directors of the proposed amended Code was provided each affected designated employee and publicly posted for review at the offices of the Authority; and WHEREAS, a public meeting was held upon the proposed amended Code at a regular meeting of the Authority on May 12, 2025, at which all present were given an opportunity to be heard on the proposed amended Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Orange County Power Authority that the Board of Directors does hereby adopt the proposed amended Conflict of Interest Code, a copy of which is attached hereto and shall be on file with the Board Secretary and available for inspection to the public during regular business hours; BE IT FURTHER RESOLVED that the said amended Conflict of Interest Code shall be submitted to the Board of Supervisors of the County of Orange for approval and said Code shall become effective upon approval by the Board of Supervisors, as submitted.