Cities Index.
Agenda packet

WestLight Energy Board of Directors
April 25, 2024

Document
Agenda packet
Meeting
April 25, 2024
Body
WestLight Energy Board of Directors
Pages
7
Original file
10.9 MB
Text extracted from the CCA's file for reading and search. Open the original on d3n9y02raazwpg.cloudfront.net. That file is the official record.

AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN

PENINSULA CLEAN ENERGY AND CHAPMAN AND CUTLER LLP
THIS AGREEMENT (“Agreement”) is made and entered into on April 29, 2024 (the “Effective Date”) by and between PENINSULA CLEAN ENERGY (hereinafter referred to as “PCE”) and CHAPMAN AND CUTLER LLP, a Illinois limited liability partnership with principal address at: 111 West Monroe Street, Chicago, Illinois 60603, United States (hereinafter referred to as “Contractor”) (each, a “Party,” and, together, the “Parties”).

RECITALS:

WHEREAS, PCE desires to retain Contractor to provide the services described in Exhibit A attached hereto and by this reference made a part hereof (“Services”);
WHEREAS, Contractor desires to provide the Services to PCE; NOW, THEREFORE, in consideration of the mutual covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. SCOPE OF SERVICES: Contractor agrees to provide all of the Services in accordance with the terms and conditions of this Agreement.

2. FEES: The fees for furnishing Services under this Agreement are set forth on Exhibit B hereto and by this reference incorporated herein. Said fees shall be payable as set forth on Exhibit B and shall remain in effect for the entire term of the Agreement (“Term”).

3. TERM OF AGREEMENT: This Agreement shall commence on the Effective Date and shall terminate on April 29, 2025, unless earlier terminated pursuant to the terms and conditions set forth in Section 12.

4. REPRESENTATIONS; WARRANTIES; COVENANTS:

4.1. CONTRACTOR REPRESENTATIONS AND WARRANTIES. Contractor represents, warrants and covenants that (a) it is a limited liability partnership duly organized, validly existing and in good standing under the laws of the State of Illinois, (b) it has full power and authority and all regulatory authorizations required to execute, deliver and perform its obligations under this Agreement and all exhibits and addenda and to engage in the business it presently conducts and contemplates conducting, (c) it is and will be duly licensed or qualified to do business and in good standing under the laws of the State of California and each other jurisdiction wherein the nature of its business transacted by it makes such licensing or qualification necessary and where the failure to be licensed or qualified would have a material adverse effect on its ability to perform its obligations hereunder, (d) it is qualified and competent to render the Services and possesses the requisite expertise to perform its obligations hereunder, (e) the execution, delivery and performance of this Agreement and all exhibits and addenda hereto are within its powers and do not violate the terms and conditions in its governing documents, any contracts to which it is a party or any law, rule, regulation, order or the like applicable to it, (f) this Agreement and each exhibit and addendum constitutes its legally valid and binding obligation enforceable against it in accordance with its terms, and (g) it is not bankrupt and there are no proceedings pending or being contemplated by it or, to its knowledge, threatened against it which would result in it being or becoming bankrupt.

4.2. COMPLIANCE WITH APPLICABLE LAW. At all times during the Term and the performance of the Services, Contractor shall comply with all applicable federal, state and local laws, regulations, ordinances and resolutions (“Applicable Law”)

4.3. LICENSING. At all times during the performance of the Services, Contractor represents, warrants and covenants that it has and shall obtain and maintain, at its sole cost and expense, all required permits, licenses, certificates and registrations required for the operation of its business and the performance of the Services.

4.4. NONDISCRIMINATORY EMPLOYMENT. Contractor shall not unlawfully discriminate against any individual based on race, color, religion, nationality, sex, sexual orientation, gender identity, age or condition of disability. Contractor understands and agrees that Contractor is bound by and shall comply with the nondiscrimination mandates of all federal, state, and local statutes, regulations, and ordinances.

4.5. ASSIGNMENT OF PERSONNEL. The Contractor shall not substitute any personnel for those specifically named in its proposal, if applicable, unless personnel with substantially equal or better qualifications and experience are provided, acceptable to PCE, as is evidenced in writing.

5. INSURANCE: At all times during the Term and the performance of the Services, Contractor shall maintain professional liability insurance with a policy limit of not less than $1,000,000 per incident. If the deductible or self-insured retention amount exceeds $100,000, PCE may ask for evidence that Contractor has segregated amounts in a special insurance reserve fund, or that Contractor’s general insurance reserves are adequate to provide the necessary coverage and PCE may conclusively rely thereon.

Coverages required by this subsection may be provided on a claims-made basis with a “Retroactive Date” prior to the Effective Date.

Contractor represents that it presently carries professional liability insurance in a minimum amount of $50 million per claim and an aggregate amount greater than $100 million, issued under an annual claims-made policy from Attorneys Liability Assurance Society, Inc. (“ALAS”). In the event the Firm is no longer insured by ALAS during the term of this Contract, Contractor will secure professional liability insurance from a company or companies with a rating not less than that maintained by ALAS. The ALAS policy provides for an extended reporting period of 12 months upon a cancellation by ALAS. If coverage is cancelled or non-renewed, and not replaced with another claims made policy form with a “retroactive date” prior to the Effective Date, Contractor must purchase “extended reporting” coverage for a minimum of twelve (12) months after termination of this Agreement.

6. SUBCONTRACTING: The Contractor shall not subcontract nor assign any portion of the work required by this Agreement without prior written approval of PCE. 154

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7. RETENTION OF RECORDS AND AUDIT PROVISION: Contractor shall keep and maintain on a current basis full and complete records and documentation pertaining to this Agreement and the Services, whether stored electronically or otherwise, including, but not limited to, valuation records, accounting records, documents supporting all invoices, employees’ time sheets, receipts and expenses, and all customer documentation and correspondence (the “Records”). PCE shall have the right, during regular business hours, to review and audit all Records during the Term and for at least three (3) years from the date of the completion or termination of this Agreement. Any review or audit may be conducted on Contractor's premises or, at PCE's option, Contractor shall provide all records within a maximum of fifteen (15) days upon receipt of written request from PCE. Contractor shall refund any monies erroneously charged. Contractor shall have an opportunity to review and respond to or refute any report or summary of audit findings, and shall promptly refund any overpayments made by PCE based on undisputed audit findings.

8. DATA, CONFIDENTIALITY AND INTELLECTUAL PROPERTY:

8.1. OWNERSHIP AND USE RIGHTS.
a) PCE Data. Unless otherwise expressly agreed to in writing by the Parties, PCE shall retain all of its rights, title and interest in PCE’s Data. “PCE Data” shall mean all data or information provided by or on behalf of PCE, including but not limited to, customer Personal Information; energy usage data relating to, of, or concerning, provided by or on behalf of any customers; all data or information input, information systems and technology, software, methods, forms, manuals, and designs, transferred, uploaded, migrated, or otherwise sent by or on behalf of PCE to Contractor as PCE may approve of in advance and in writing (in each instance); account numbers, forecasts, and other similar information disclosed to or otherwise made available to Contractor. PCE Data shall also include all data and materials provided by or made available to Contractor by PCE’s licensors, including but not limited to, any and all survey responses, feedback, and reports subject to any limitations or restrictions set forth in the agreements between PCE and their licensors. b) Intellectual Property. Contractor shall at all times retain all rights to use all finished and unfinished reports, plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents in the course of implementing this Agreement, except to the extent it includes confidential information of PCE, for legal services for other clients. PCE shall have the exclusive right to use such materials in its sole discretion without further compensation to Contractor or to any other party. Contractor shall, at PCE’s expense, provide such reports, plans, studies, documents and writings to PCE or any party PCE may designate, upon written request. Contractor may keep file reference copies of all documents prepared for PCE.
c) Intellectual Property shall be owned by PCE upon its creation. Contractor agrees to execute any such other documents or take other actions as PCE may reasonably request to perfect PCE’s ownership in the Intellectual Property. d) Contractor’s Pre‐Existing Materials. If, and to the extent Contractor retains any preexisting ownership rights (“Contractor’s Pre‐Existing Materials”) in any of the materials furnished to be used to create, develop, and prepare the Intellectual Property, Contractor hereby grants PCE on behalf of its customers and the CPUC for governmental and regulatory purposes an irrevocable, assignable, non‐exclusive, perpetual, fully paid up, worldwide, royalty‐free, unrestricted license to use and sublicense others to use, reproduce, display, prepare and develop derivative works, perform, distribute copies of any intellectual or proprietary property right of Contractor or any Contractor Party for the sole purpose of using such Intellectual Property for the conduct of PCE’s business and for disclosure to the CPUC for governmental and regulatory purposes related thereto. Unless otherwise expressly agreed to by the Parties, Contractor shall retain all of its rights, title and interest in Contractor’s Pre‐Existing Materials. Any and all claims to Contractor’s Pre‐Existing Materials to be furnished or used to prepare, create, develop or otherwise manifest the Intellectual Property must be expressly disclosed to PCE prior to performing any Services under this Agreement. Any such Pre-Existing Material that is modified by work under this Agreement is owned by PCE.

8.2. EQUITABLE RELIEF. Each Party acknowledges that a breach of this Section 10 would cause irreparable harm and significant damages to the other Party, the degree of which may be difficult to ascertain. Accordingly, each Party agrees that PCE shall have the right to obtain immediate equitable relief to enjoin any unauthorized use or disclosure of PCE Data, in addition to any other rights and remedies that it may have at law or otherwise; and Contractor shall have the right to obtain immediate equitable relief to enjoin any unauthorized use or disclosure of Contractor’s Pre-Existing Materials, in addition to any other rights and remedies that it may have at law or otherwise.

9. FORCE MAJEURE: A Party shall be excused for failure to perform its obligations under this Agreement if such obligations are prevented by an event of Force Majeure (as defined below), but only for so long as and to the extent that the Party claiming Force Majeure (“Claiming Party”) is actually so prevented from performing and provided that (a) the Claiming Party gives written notice and full particulars of such Force Majeure to the other Party (the “Affected Party”) promptly after the occurrence of the event relied on, (b) such notice includes an estimate of the expected duration and probable impact on the performance of the Claiming Party’s obligations under this Agreement, (c) the Claiming Party furnishes timely regular reports regarding the status of the Force Majeure, including updates with respect to the data included in Section 10 above during the continuation of the delay in the Claiming Party’s performance, (d) the suspension of such obligations sought by Claiming Party is of no greater scope and of no longer duration than is required by the Force Majeure, (e) no obligation or liability of either Party which became due or arose before the occurrence of the event causing the suspension of performance shall be excused as a result of the Force Majeure; (f) the Claiming Party shall exercise commercially reasonable efforts to mitigate or limit the interference, impairment and losses to the Affected Party; (g) when the Claiming Party is able to resume performance of the affected obligations under this Agreement, the Claiming Party shall give the Affected Party written notice to that effect and promptly shall resume performance under this Agreement. “Force Majeure” shall mean acts of God such as floods, earthquakes, fires, orders or decrees by a governmental authority, civil or military disturbances, wars, riots, terrorism or threats of terrorism, utility power shutoffs, strikes, labor disputes, pandemic, or other forces over which the responsible Party has no control and which are not caused by an act or omission of such Party.

10. TERMINATION:
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10.1. If the Contractor fails to provide in any manner the Services required under this Agreement, otherwise fails to comply with the terms of this Agreement, violates any Applicable Law, makes an assignment of any general arrangement for the benefit of creditors, files a petition or otherwise commences, authorizes or acquiesces in the commencement of a proceeding or cause under any bankruptcy or similar law for the protection of creditors, or has such petition filed against it, otherwise becomes bankrupt or insolvent (however evidenced), or becomes unable to pay its debts as they fall due, then PCE may terminate this Agreement by giving five (5) business days’ written notice to Contractor.

10.2. Either Party hereto may terminate this Agreement for any reason by giving thirty (30) calendar days’ written notice to the other Party; provided that any resignation by Contractor shall be in accordance with all applicable Rules of Professional Conduct.

Notice of termination shall be by written notice to the other Party and be sent by registered mail or by email to the email address listed in Section 19.

10.3. In the event of termination not the fault of the Contractor, the Contractor shall be paid for Services performed up to the date of termination in accordance with the terms of this Agreement so long as proof of required insurance is provided for the periods covered in the Agreement or Amendment(s). Notwithstanding anything contained in this Section 12, in no event shall PCE be liable for lost or anticipated profits or overhead on uncompleted portions of the Agreement. Contractor shall not enter into any agreement, commitments or subcontracts that would incur significant cancelation or termination costs without prior written approval of PCE, and such written approval shall be a condition precedent to the payment of any cancellation or termination charges by PCE under this Section 12. Also, as a condition precedent to the payment of any cancellation or termination charges by PCE under this Section 12, Contractor shall have delivered to PCE any and all Intellectual Property (as defined in Section

10.1(b)) prepared for PCE before the effective date of such termination.

10.4. PCE may terminate this Agreement if funding for this Agreement is reduced or eliminated by a third-party funding source.

10.5. Without limiting the foregoing, if either Party’s activities hereunder become subject to law or regulation of any kind, which renders the activity illegal, unenforceable, or which imposes additional costs on such Party for which the parties cannot mutually agree upon an acceptable price modification, then such Party shall at such time have the right to terminate this Agreement upon written notice to the other Party with respect to the illegal, unenforceable, or uneconomic provisions only, and the remaining provisions will remain in full force and effect.

10.6. Upon termination of this Agreement for any reason, Contractor shall and shall cause each Contractor Party to bring the Services to an orderly conclusion as directed by PCE and shall return all PCE Data (as defined in Section 10.1(a) above) and Intellectual Property to PCE.

11. ASSIGNMENT: The rights, responsibilities, and duties under this Agreement are personal to the Contractor and may not be transferred or assigned without the express prior written consent of PCE.

12. AMENDMENT; NO WAIVER: This Agreement may be amended or modified only by written agreement of the Parties. Failure of either Party to enforce any provision or provisions of this Agreement will not waive any enforcement of any continuing breach of the same provision or provisions or any breach of any provision or provisions of this Agreement.

13. DISPUTES: Either Party may give the other Party written notice of any dispute which has not been resolved at a working level. Any dispute that cannot be resolved between Contractor’s contract representative and PCE’s contract representative by good faith negotiation efforts shall be referred to Legal Counsel of PCE and an officer of Contractor for resolution. Within 20 calendar days after delivery of such notice, such persons shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary to exchange information and to attempt to resolve the dispute. If PCE and Contractor cannot reach an agreement within a reasonable period of time (but in no event more than 30 calendar days), PCE and Contractor shall have the right to pursue all rights and remedies that may be available at law or in equity. All negotiations and any mediation agreed to by the Parties are confidential and shall be treated as compromise and settlement negotiations, to which Section 1119 of the California Evidence Code shall apply, and Section 1119 is incorporated herein by reference.

14. JURISDICTION AND VENUE: This Agreement shall be construed in accordance with the laws of the State of California and the Parties hereto agree that venue shall be in San Mateo County, California.

15. INDEMNIFICATION: Contractor shall indemnify and hold harmless PCE from any and all costs, demands, expenses, losses, claims, damages, liabilities, settlements and judgments, including in-house and contracted attorneys’ fees and expenses, arising out of any actual or alleged death or injury to any human person, or damage to any tangible real or personal property (e.g., buildings, equipment, furniture and fixtures) as a result of Contractor’s negligence; provided, however, that this paragraph 16 shall not be construed to apply to any claims arising out of the professional negligence or malpractice of Contractor as counsel providing the services described herein.

16. NO RECOURSE AGAINST CONSTITUENT MEMBERS OF PCE: PCE is organized as a Joint Powers Authority in accordance with the Joint Exercise of Powers Act of the State of California (Government Code Section 6500, et seq.). Pursuant to PCE’s Joint Powers Agreement, PCE is a public entity separate from its constituent members. PCE shall solely be responsible for all debts, obligations, and liabilities accruing and arising out of this Agreement. No Contractor Party shall have rights and nor shall any Contractor Party make any claims, take any actions, or assert any remedies against any of PCE’s constituent members in connection with this Agreement.
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17. INVOICES; NOTICES: This Agreement shall be managed and administered on PCE’s behalf by the Contract Manager named below.

All invoices shall be submitted by email to:

Email Address: [email protected]
All other notices shall be given to PCE at the following location:

Contract Manager: Nicholas Bijur
PCE Address: 2075 Woodside Road
Redwood City, CA 94061
Email Address: [email protected]
Telephone No.: (415) 412-2670
Notices shall be given to Contractor at the following address:

Contractor: Doug Bird
Address: 1270 Avenue of the Americas
New York, NY 10020
Email Address: [email protected]
Telephone No.: (212) 655-2519

18. ENTIRE AGREEMENT: This Agreement along with the attached Exhibits hereto constitutes the entire Agreement between the Parties. In the event of a conflict between the terms of this Agreement and the terms in any of Exhibits, the terms in this Agreement shall govern.

19. SEVERABILITY: Should any provision of this Agreement be held invalid or unenforceable by a court of competent jurisdiction, such invalidity will not invalidate the whole of this Agreement, but rather, the remainder of the Agreement which can be given effect without the invalid provision, will continue in full force and effect and will in no way be impaired or invalidated.

20. INDEPENDENT CONTRACTOR: Contractor is an independent contractor to PCE hereunder. Nothing in this Agreement shall establish any relationship of partnership, joint venture, employment or franchise between PCE and any Contractor Party. Neither PCE nor any Contractor Party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided for herein.

21. THIRD PARTY BENEFICIARIES: The Parties agree that there are no third-party beneficiaries to this Agreement either express or implied.

22. FURTHER ACTIONS: The Parties agree to take all such further actions and to execute such additional documents as may be reasonably necessary to effectuate the purposes of this Agreement.

23. PREPARATION OF AGREEMENT: This Agreement was prepared jointly by the Parties, each Party having had access to advice of its own counsel, and not by either Party to the exclusion of the other Party, and this Agreement shall not be construed against either Party as a result of the manner in which this Agreement was prepared, negotiated or executed.

24. COUNTERPARTS: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be deemed one and the same Agreement. 157

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IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written.

PENINSULA CLEAN ENERGY:

By: _______________________
Name: Shawn Marshall
Title: Chief Executive Officer
Date: [PCESignerDateField_0RPKii
CHAPMAN AND CUTLER LLP:

By: ________________________
Name: Douglas A. Bird
Title: Partner
Date: [counterpartySignerDateField_Q00bssr]
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EXHIBIT A

SCOPE OF SERVICES
Contractor shall provide the following Services under the Agreement:

Contractor will perform legal services on behalf of PCE relating to a renewable energy prepayment transaction (the “Transaction”), including, as applicable, reviewing and commenting on documents and filings relating to the Transaction, reviewing and commenting on board presentations and approvals, drafting, reviewing and negotiating applicable agreements, certificates and legal opinions, and disclosure counsel services to PCE in connection with the marketing of the bonds to be issued to finance the Transaction.

If requested by the underwriter of the bonds, Chapman will prepare the Preliminary and Final Official Statements. 159

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EXHIBIT B

FEES AND PAYMENT SCHEDULE
Contractor will perform the Services referred to in Exhibit A for a fixed fee of $225,000 (the “Fixed Fee”). The Fixed Fee will be payable solely from proceeds of the bonds at closing of the Transaction described in Exhibit A.

The maximum compensation to Contractor under this Agreement is $225,000. 160
DATE: April 12, 2024
MEETING DATE: April 25, 2024
VOTE REQUIRED: Majority Vote
TO: Honorable Peninsula Clean Energy Authority Board of Directors FROM: Justin Pine, Strategic Accounts Manager and Leslie Brown, Director of Account Services
SUBJECT: Approval of New Zero-Carbon Intensity Low Carbon Fuel Standard (LCFS) Eligible Green Tariff for Public Transit Electrification (Action) Item No. 14

PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence

RECOMMENDATION
Approval of a Zero-Carbon Intensity LCFS Green Tariff to support public transit agency electrification in Peninsula Clean Energy's service territory (Exhibit A)

BACKGROUND
The Low Carbon Fuel Standard (LCFS) is a program administered by the California Air Resources Board (CARB) designed to decrease the carbon intensity (CI) of California’s transportation fuel pool and improve local air quality. The LCFS program functions similar to the California Cap-and-Trade program in that each year, a declining CI target for transportation fuels is established for which fuel reporting entities (FRE) are assessed against.

The FRE can either be the producer of the fuel, end use supplier, or end user as defined by CARB. In any case, transportation fuels with a CI lower than the target CI (ie. renewable fuels) generate credits, while transportation fuels with a CI higher than the target CI (ie. diesel) generate a credit deficit. Fuel reporting entities that generate deficits must purchase enough credits to meet the established CI target for each compliance year, providing an additional revenue stream to FRE providing or utilizing lower CI fuels.

Each discrete fuel, defined by CARB as a fuel pathway, has an assigned, calculated CI. Just like the greenhouse gas intensity of Peninsula Clean Energy’s ECOplus and ECO100 products differ based on the resources supplying each product, an FRE using electricity as an alternative fuel source can generate more credits by utilizing lower or zero CI electricity pathways. If a FRE has no alternative pathway to report to, then the FRE must use the California grid CI calculated by CARB each year, which is less advantageous to the FRE.

DISCUSSION
161
Electrification of public transit provides PCE customers access to clean public transportation options and reduces greenhouse gas emissions locally and regionally. However, transitioning from diesel fuel to electricity can increase costs of power for already budget constrained agencies. The Low Carbon Fuel Standard program provides an opportunity for these transit agencies to generate and sell LCFS credits to offset these higher costs. In the absence of PCE providing an LCFS eligible zero-CI pathway, the transit agency would only be able to claim credits based on the average CI of the California electric grid, which as noted is not as good. PCE provides customers with a much cleaner product than the grid average, and therefore transit customers would miss the full value of the product being provided to them by PCE. Thus, by PCE providing a 100% renewable zero-CI pathway to transit agencies via our new green tariff, it will help transit agencies participating in the LCFS program maximize their credit generation. A zero-CI green tariff is estimated to generate approximately 35% more in LCFS credits compared to the California grid average CI and provides a powerful incentive to become a PCE customer.

Caltrain represents the largest eligible load likely to enroll in this LCFS Green Tariff. In preparation for Caltrain beginning full electric passenger service this September, PCE staff have been meeting regularly with Caltrain’s team to ensure PCE will be the retail electric service of choice. Caltrain staff forecast a net increase of $15 million in fuel costs between Fiscal Year 2024, when the system would operate primarily on diesel powered trains, and Fiscal Year 2026, when the system would operate primarily on electric powered trains. Total budgeted fuel cost for Fiscal Year 2026 is estimated to be $30 million, or 10%-15% of Caltrain’s annual cost. These costs assume revenues from the LCFS program are maximized, up to $10 million annually inclusive of both the South San Francisco and San Jose Diridon station loads.

Though the adoption of a Zero-CI LCFS Green Tariff (Exhibit A), PCE is best positioned to support electrification of public transit agencies and reduce greenhouse gas emissions in our service territory.

FISCAL IMPACT
Electrifying public transit within the Peninsula Clean Energy service area will increase both load and revenues. To encourage electrification of transit systems, staff are recommending customers on the Zero-CI LCFS Green Tariff be assessed the applicable ECOplus rates without the $0.01 adder usually assed for our 100% renewable product. PCE has sufficient renewable generation resources in our portfolio to support this new tariff. Based on forecasts provided by Caltrain, Caltrain’s electric load at its South San Francisco traction power station is expected to be 60,000 MWh annually. Based on rates in effect today, ECOplus revenues from Caltrain alone would be $7.2 million annually. The supply costs of this program have been incorporated into the planning for future years and will be included in the FY 24-25 budget.

ATTACHMENTS:

Exhibit A_Zero CI Low Carbon Fuel Standard Tariff.pdf
162
RESOLUTION NO. _____________

PENINSULA CLEAN ENERGY AUTHORITY, COUNTY OF SAN MATEO, STATE OF

CALIFORNIA

APPROVAL OF NEW ZERO-CARBON INTENSITY LOW CARBON FUEL STANDARD (LCFS) ELIGIBLE GREEN TARIFF FOR PUBLIC TRANSIT ELECTRIFICATION (ACTION) RESOLVED, by the Peninsula Clean Energy Authority of the County of San Mateo, State of California, that
WHEREAS, Peninsula Clean Energy (PCE) was formed on February 29, 2016; and WHEREAS, electrifying transportation and reducing greenhouse gasses are organizational priorities for PCE; and
WHEREAS, electrifying public transit fleets and fixed guided rail systems can increase fuel costs for the public agency; and
WHEREAS, the Low Carbon Fuel Standard is a program administered by the California Air Resources Board designed to decrease the carbon intensity (CI) of California’s transportation fuel pool and improve local air quality; and
WHEREAS, by offering a zero-carbon intensity green tariff eligible for the Low Carbon Fuel Standard program, PCE can enable local public transit agencies to maximize revenues from the Low Carbon Fuel Standard program, helping to offset higher fuel costs incurred through electrification;
NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the Board approves a new Zero-CI Low Carbon Fuel Standard Green Tariff to support the electrification of public transit in its service territory.
163
1 Exhibit A
Peninsula Clean Energy Authority
Zero-CI Low Carbon Fuel Standard Green
Tariff
164
2 Peninsula Clean Energy Authority
Zero-CI Low Carbon Fuel Standard Green Tariff
The Zero-CI Low Carbon Fuel Standard Tariff (Tariff) will provide eligible public transit agencies an opportunity to receive 100 percent solar and/or wind energy that meets California’s Renewable Portfolio Standard (“RPS”) for Portfolio Content Category 1 (PCC1).

This Tariff will allow Peninsula Clean Energy customers participating in the Low-Carbon Fuel Standard (LCFS) program administered by the California Air Resources Board (CARB) to report a zero-carbon intensity pathway in the LCFS program.

APPLICABILITY
Eligibility: This Tariff is available to public transit agencies enrolled in Peninsula Clean Energy service. Only meters serving exclusively transportation electric load are eligible.

The customer must also be certified as a Fuel Reporting Entity in the LCFS program, making the customer eligible to earn LCFS credits.

Enrollment and Cap: This Tariff is available to customers on a first-come, first-served basis, and has a cap of 100,000 MWh annually. Customers must request to be enrolled.

This Tariff will be available for customer participation as of July 1, 2024.

RATES
Customers will be charged at their otherwise applicable rate schedule. 165
DATE: April 15, 2024
MEETING DATE: April 25, 2024
VOTE REQUIRED: None
TO: Honorable Peninsula Clean Energy Authority Board of Directors FROM: Gwendolyn Rose, Director Marketing & Community Relations SUBJECT: Marketing, Outreach Activities, and Media Relations Quarterly Report Item No. 16

PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence

BACKGROUND
The Marketing & Community Relations Team is responsible for enhancing Peninsula Clean Energy’s brand reputation, educating and engaging customers, driving participation in programs, and ensuring customer satisfaction and retention. Tactics include community outreach, content creation and storytelling through owned (e.g. online, social media), earned (e.g. public relations), and paid media (advertising), and school engagement programs.

DISCUSSION
The following is a quarterly update of activities taking place from January to March 2024.

Please refer to the “Strategic Plan” section below for further information/explanation as to how these activities support Peninsula Clean Energy’s strategic plan objectives.

Brand Strategy
We are working with ID Lab on our brand strategy update with the goal of evolving PCE into a customer-centric agency. Over Q1, they conducted a 3 week audit of the current go-to-market efforts and the systems/operations behind those efforts. The audits were completed in order to determine the near and mid-term actions required to achieve customer centricity and lay the foundation for redefining the PCE brand.

Program Marketing
We are promoting electrification and EV adoption via email, paid search and online advertising. Programs we are actively promoting include the Zero Percent Loan Program, appliance rebates, and Used Electric Vehicle (EV) rebates.

Peninsula Clean Energy provides financial, technical, and planning resources, as well as project coordination for local government, public agencies, and school districts to reduce carbon emissions and move to clean energy. We rolled out new webpages to support those efforts: https://www.peninsulacleanenergy.com/government-programs/. We also rolled out new webpages for each Member community to highlight the economic savings, benefits and key projects: https://www.peninsulacleanenergy.com/community/ 166
Events
In Q1 2024, the Community Relations team participated in 16 events and workshops, reaching nearly 2,000 people. Education-related events included the Youth Climate Ambassadors Retreat, Clean Energy Curriculum Workshop for Middle School Teachers, Los Banos High School presentation, Pacheco High School Career Fair, Woodside High Green Academy and a Mills High School presentation. We also sponsored, tabled or participated in community events throughout San Mateo County and Los Banos including Arbor Day, a St. Patricks event, a Spanish E-Bikes Workshop with CRC, and the Los Banos Egg Hunt. Now we're gearing up for Earth Day events in April throughout the service territory.

Outreach Grants
We trained representatives from our 16 outreach grants; exciting new grants in 2024 will focus on outreach to schools, farmers markets, and building contractors and trained community outreach workers from three outreach grantee organizations in Spanish.

Schools and Youth Programs
Peninsula Clean Energy is supporting energy education in various ways, including:

Funding for green awareness field trips for 470 junior high and high school students through the San Mateo County Office of Education Career and Technical Education program. The field trips are designed to interest students in careers as electricians and in other related careers that support our program implementation.

Funding teacher workshops about clean energy including windmill kit classroom materials for 40 classrooms, energy dashboards for several school districts, and decarbonization baseline surveys for all public schools in San Mateo County. Supporting energy education with the San Mateo County Community College District, and sponsoring science education events in the Los Banos schools.

The Youth Climate Ambassadors program is launching a new cohort of 50 students, with funding primarily for student participation stipends and coaching services. They are implementing their community impact projects and we met with students interested in energy- and transportation-related projects.

The San Mateo Community College District has successfully recruited student interns and a project lead to develop electrification exhibits.

Los Banos Update
Viridiana Renteria, our senior community relations specialist in Los Banos, managed 7 community events and a number of visits with community leaders and champions to educate on PCE benefits and promote PCE offerings, including the $300 CARE/FERA bill credit and the rate freeze. She also attended a gathering celebrating the official launch of The Merced Focus, a non-profit news outlet covering Los Banos and the broader Merced County and San Joaquin Valley.

News & Media
Full coverage of Peninsula Clean Energy in the news can be found on our News & Media webpage. Highlights from the last quarter include:

EV news: Grist ran an article highlighting our EV Ready program, including interviews with Phillip Kobernick and PCE customers. Phillip was also featured in a Canary Media article about smart-managed EV charging. It spotlighted the pilot project PCE launch with ev.energy and the University of California, Davis to test managed-charging methods and incentives.
167
Electrification and building codes: Rafael Reyes spoke with San Mateo Daily Journal reporters regarding impacts stemming from the overturning of the Berkeley gas appliance ban.

Outreach grants: We announced the awarding of 16 grants – totaling $530,000 and ranging from $20,000 to $45,000 each – to increase outreach to customers about utility bill discounts and a range of other clean energy program benefits. Articles ran in the Redwood City Pulse and The Almanac.

Community reinvestment: CEO Shawn Marshall was featured in an article about providing $11.5 million in clean energy project grants.

Rate freeze: We announced the board’s approval to freeze our electricity rates until at least June 30, effectively increasing the discount customers receive on electricity for at least six months in the wake of higher PG&E prices.

CEO Profile: CEO Shawn Marshall was profiled and photographed by The Almanac.

STRATEGIC PLAN
This section describes how the above Marketing and Community Outreach activities and enrollment statistics relate to the overall goal and objectives laid out in the strategic plan. The table indicates which objectives and particular Key Tactics are supported by each of the Items/Projects discussed in this memo. The strategic goal for Marketing and Customer Care is: Develop a strong brand reputation that drives participation in Peninsula Clean Energy’s programs and ensures customer satisfaction and retention.

Item/Project
Objective A: Elevate
Peninsula Clean Energy’s
brand reputation as a trusted
leader in the community and
the industry
Objective B: Educate and
engage stakeholders in order
to gather input, inspire action
and drive program participation
Brand Strategy
KT3: Tell the story of
Peninsula Clean Energy
through diverse channels
KT5: Identify and address
gaps between perception and
desired brand identity
Events
KT4: Engage community
through participation in local
events
KT5: Provide inspirational and
informative content that spurs
action to reduce emissions
KT6: Promote programs and
services, community energy
programs and premium energy
services
Events
KT4: Engage community
through participation in local
events
168
Outreach Grants
KT4: Engage community
through participation in local
events
KT1: Foster relationships with
community-based, faith-based,
and non-profit organizations
programs focused on energy
Schools and Youth Programs
KT4: Engage community
through participation in local
events
KT2: Continue to support
schools-based literacy
Los Banos Update
KT4: Engage community
through participation in local
events
KT1: Foster relationships with
community-based, faith-based,
and non-profit organizations
KT3: Enhance relationships
with municipal and county staff
and elected officials
News and Media
KT1: Position leadership as
experts on CCAs and the
industry
KT2: Cultivate relationships
with industry media and
influencers
KT3: Tell the story of
Peninsula Clean Energy
through diverse channels
169
DATE: April 12, 2024
MEETING DATE: April 25, 2024
VOTE REQUIRED: None
TO: Honorable Peninsula Clean Energy Authority Board of Directors FROM: Rafael Reyes, Senior Director of Energy Programs
SUBJECT: Community Programs Quarterly Report
Item No. 17

PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence

BACKGROUND
The following programs are in progress, key metrics are provided in the table here and detailed information is provided below.

Buildings
Appliance
2,714 measures rebated (+100 M/M);
464loans issued (+30 M/M)
Home Upgrade 295 homes completed as of March 31st
Gov BE (Approved. Launch Imminent)
Reach Codes 19 of 22 adopted
Distributed Resources
Residential Solar + Storage
597 installs. Enrollment in the program is
closed. New concept under development.

FLEXmarket
50 residential building electrification projects
being tracked,
8 commercial energy efficiency projects being
tracked
GovPV
Rnd 1: 12 sites, 1.7MW. 3 sites live. Rnd 2:

Total of 32 sites, 14MW solar & 6MWh of
storage. 24 sites under development.

Transportation
EV Charging Ports to date: 922 (+48 M/M). Pipeline: 3,500+ Used EV 573 EVs since 2021. (+19 M/M)
E-Bikes Total 804, 265 e-bikes in 2023.

GovEV (fleets)
11 agencies enrolled. 30+ chargers in
progress with Menlo Park and 8 chargers in
progress with Burlingame.
170
Managed Charging
700+ enrolled. Transition underway to full
program.

DISCUSSION
1 Building and EV Reach Codes
Background: In 2018 the Board approved a building “reach code” initiative to support local governments in adopting enhancements to the building code for low-carbon and EV ready buildings. The initiative is a joint project with Silicon Valley Clean Energy (SVCE) and Ava Community Energy, formerly East Bay Community Energy. The program includes no-cost technical assistance, model codes and other tools. The tools and model code language are available on the project website (www.BayAreaReachCodes.org).

In addition, in January 2020 the Board approved an extension of the reach code technical assistance plus additional elements – Education and training for developers and contractors, and consumer education program on the benefits of all-electric buildings. This technical assistance is publicly available at www.AllElectricDesign.org. In December 2020, the Board approved to extend the contract with TRC Engineers include technical assistance for developing policy for existing buildings. In February 2022, the Board extended the initiative for another two years.

Status
City Progress: Most cities with reach codes from the prior cycle have re-adopted or adopted for the first time. Two cities have adopted existing building codes (San Mateo, Portola Valley). San Bruno and Half Moon Bay are updating their EV reach codes in anticipation of state code updates.

Berkeley 9
th circuit ruling – In April 2023, the 9th circuit court of appeals ruled against Berkeley in a case brought by the California Restaurant Association and funded by Sempra (SoCalGas.) Berkeley’s requested for an En Banc rehearing was declined this month.

The Berkeley ruling does not impact EV charging reach codes.

Two alternative building electrification model codes have been created to allow cities to adopt codes that would represent a distinctly different legal approach than the Berkeley approach.

Some member agencies have paused enforcement of all-electric reach codes, while others are continuing to enforce their all-electric mandates.

Three San Mateo jurisdictions are considering updating their reach codes using alternative model code approaches. San Jose, San Luis Obispo, Santa Cruz, and Los Altos Hills have already adopted alternative codes. 2 Buildings Programs

2.1 Appliance Rebates and Zero Percent Loans
Background: In May 2020, the Board approved an initial 4-year plan for electrifying existing buildings. This included implementing an appliance rebate program. Peninsula Clean Energy launched the heat pump water heater (HPWH) rebates in January 2021. Additionally, in August 2021, the Board approved an On-Bill Financing program (now referred to as the Zero Percent Loan program) to be treated as a balance sheet asset and not part of the annual 171
budget. The program offers qualified residential customers a 0% interest loan up to $10,000 to fund the cost of eligible electrification and complementary electrical and energy efficiency upgrades.

On October 17, 2022, Peninsula Clean Energy launched its Zero Percent Loan program and rolled out modifications and enhancements to the Appliance Rebates Program including increasing its HPWH rebate, launching a new heat pump heating ventilation and air conditioning (HVAC) rebate, and other updates.

Status: Additional updates were instituted in October 2023 including shortening the finance term to 5 years to establish a more sustainable “revolving fund”. Uptake remains very positive.

The summary table at the top of this memo summarizes the number of rebates and loans issued as of January 10, 2024. Development of a turnkey electrification service to provide greater customer support and complement the incentives is under development. The turnkey service will be a unified service with the low-income direct-install program. See below for details.

2.2 (Low-Income) Home Upgrade Program
Background: In May 2020, the Board approved $2 million for implementing a direct-install low-income home upgrade program to offer minor home repair, energy efficiency, and electrification measures to income-qualified homeowners at no cost to them. The measures implemented in each home will vary depending on the home’s needs but will include at least one electrification measure such as installing a HPWH or replacing a gas stove with an electric induction stove. The program launched on September 28, 2021. The Board approved a contract extension for $1.5 million in February 2023 which included more homes for the current service plus 4-6 whole home electrification upgrades.

Status: As of March 31, 2024, the program has served 295 homes and an additional 10 homes are awaiting installation under the program with the current administrator. This includes 8 homes who received whole home electrification as part of a pilot within the program. This phase of the program is now oversubscribed, and new applicants are being added to a waitlist for the next phase of the program under a new program administrator. As of March 31, there are 125 customers on this waitlist. On August 28, 2023, PCE released a request for proposals (RFP) for an implementation partner for the next phase of the program, which will include a scaling-up the number of low-income homes served with whole home electrification upgrades at no-cost to these residents, offering turnkey electrification services to non-income qualified residents at a low cost, and launching an emergency heat pump water heater replacement service. The RFP was done in collaboration with SVCE which is seeking the same services. In February 2024, the Board approved a $26M contract with the selected implementation partner, Franklin Energy, for this next phase of the program. In April 2024, PCE and the City of Menlo Park finalized an agreement to allocate $2M to this program to serve more Menlo Park homes, in addition to PCE’s $24M for its entire service territory. In April 2024, SVCE and Franklin Energy finalized their $14M agreement for the same scope as PCE’s program. PCE and SVCE are currently jointly working with Franklin on program design and start up tasks. PCE expects to soft launch the low-income no-cost electrification segment of the program in June by contacting the waitlist collected in the previous phase of the program. The turnkey electrification services for non-income qualified residents and emergency
172
water heater replacement service would follow, launching sometime in late Summer/early Fall.

2.3 Local Government Building Electrification Program (GovBE) Background: In August 2023, the Board approved a local government building electrification program to help fund building electrification at local government facilities. The program will offer roughly $1 million per year in incentives and creates a $10 million dollar revolving loan fund. Incentives are based on therms saved at a given facility. Incentives and loan are capped at $600k per jurisdiction per year, each. The program requires a 25% cost-share from non-PCE funds, and will have a streamlined, annual application process.

Status: The program is being finalized with the goal of opening applications very soon. 3 Distributed Energy Programs
Peninsula Clean Energy has Board-approved strategies for the promotion of 20 MW of new distributed energy resources in San Mateo County and is advancing distributed energy resources to provide resilience, lower decarbonization costs, and provide load shaping to support our strategic goal for 24/7 renewables. The projects described below are efforts towards meeting both of these goals.

3.1 Solar and Storage for Public Buildings
Background: The Solar and Storage for Public Buildings is aimed at aggregating local government facilities into a group procurement of solar and optionally storage systems.

Peninsula Clean Energy provides no-cost site assessments and preliminary designs as well as manages the procurement process. Participating sites have systems installed as part of power purchase agreements directly with Peninsula Clean Energy. As part of the pilot phase, in October 2020, the Board approved initial site evaluation services and in March 2022, the board approved up to $8 million in capital for system installations to be repaid over 20 years and $600,000 for technical assistance on the second round of the aggregated solar program.

Intermountain Electric Company was selected in the competitive solicitation on the basis of its pricing, experience, labor practices, and other metrics. At the January 2023 Board Meeting, the Board of Directors granted authority to the CEO to execute the installation contract and power purchase agreements with participating agencies in the first round. 12 PPAs were signed with 10 jurisdictions for a total of 1.74 MW DC solar PV. Battery storage systems are planned for 3 of the sites, but will not move forward until after the solar systems are operational due to NEM2 grandfathering rules.

Round 2 of this program is split into two portfolios: solar-only (Portfolio A) and larger solar + storage projects (Portfolio B). The Portfolio A projects are seeking interconnection under NEM

2.0, while the Portfolio B projects will interconnect under Net Billing Tariff rules. Portfolio A includes 24 sites with 13 agencies, totaling approximately 3.5MW of solar. Portfolio B includes 8 sites with 6 agencies, totaling approximately 10MW of solar and 6MWh of storage.

Status: As of April 12, 2024, 2 systems are operational (Brisbane Mission Blue Center and San Carlos Youth Center, and three are complete (Millbrae Rec Center, Hillsborough Public Works Yard, and Pacifica Community Center) and will begin operations following final completion work and PG&E inspection. PG&E is running behind their typical approval and inspection timelines due to the rush of NEM2 grandfathering applications.

A total of 23 agencies expressed interest in the second round of the program, providing staff 173
with 120 facilities to evaluate for their solar potential. Site walks were executed in Q2 2023 with engineering firms NV5 and SepiSolar. 38 interconnection applications for >16 MWdc were submitted by the April 14th deadline to legacy them into the more favorable NEM 2.0 rules. Other sites considered were disqualified for technical reasons.

Staff is currently developing the energy contract, construction contract, and financial proposal.

A competitive solicitation for the procurement of EPC services was launched in August 2023.

McMillan Electric was selected. In January 2024, the Board of Directors approved Peninsula Clean Energy to enter into an Engineering, Procurement, and Construction (EPC) contract with McMillan Electric for the Portfolio A solar-only projects. These projects are expected to be commissioned by late 2025 / early 2026.

3.2 Residential Solar + Battery Backup
Background: The Residential Solar + Battery Backup offers an energy resiliency program in partnership with Sunrun. This program provides energy storage systems paired with solar power to single family customers. Customers who sign up for this program receive an incentive up to $500. At Peninsula Clean Energy’s direction, Sunrun will dispatch the stored energy during evening hours when renewable generation on the California grid is low and electricity prices are high. This will also help Peninsula Clean Energy to reduce its peak load and thereby reduce our resource adequacy requirements. The program is dispatching customer batteries in the evening to help reduce Peninsula Clean Energy’s net peak. Sunrun and staff included distributed battery storage in the 2025 load forecast submission, which will result in a lower net peak and smaller RA allocation for calendar year 2025. Peninsula Clean Energy has been successfully employing this type of peak load reduction since 2022.

Status: Enrollment in the program is closed. Development of a successor program is in progress.

3.3 FLEXmarket
Background: In November 2021 the Board approved a program plan for the establishment of an innovative “virtual power plant” using what is known as FLEXmarket. FLEXmarket is a market-based program structure that provides incentives to program “aggregators” to implement programs for energy efficiency and load shaping. The novel elements of the structure include a “pay-for-performance” approach which only provides incentives on confirmed performance using meter data. This novel structure was innovated by MCE and is also being implemented by Ava Community Energy and Sonoma Clean Power. In addition, the program plan was developed for submission to the CPUC to allow Peninsula Clean Energy to run the program with fully reimbursed funding through the CPUC. Peninsula Clean Energy’s billing data services provider Calpine has entered into a strategic partnership with the firm Recurve to provide FLEXmarket services through a streamlined structure. Providers of energy efficiency and building electrification equipment can apply for incentives through this program.

In addition, Peninsula Clean Energy is submitting its own projects to receive CPUC funds under the program.

Staff developed the commercial version of the program and launched the market in July 2023.

Like the residential version, providers of commercial energy efficiency and building electrification equipment, as well as aggregators of these projects, can pursue incentives through the Commercial FLEXmarket.

Status: Approximately $3 million out of the allocated $4.6 million has been reserved. 174
Operational refinements to the program are ongoing.

3.4 Community Solar, DAC-GT & CSGT
Background: The Disadvantaged Communities Green Tariff program (DAC-GT) and associated Community Solar Green Tariff (“CSGT”) are community solar programs developed by the CPUC to enable DAC residents to participate in renewable energy projects, and to promote development of renewable projects in DACs. Participating customers will receive a 20% discount on their full electric bill (PG&E and Peninsula Clean Energy charges).

Peninsula Clean Energy administers these programs on behalf of its customers.

Peninsula Clean Energy began enrolling DAC-GT customers in San Mateo County in January 2022 and customers in Los Banos in April 2022. Those customers are currently served by an interim resource procured from Marin Clean Energy pending Peninsula Clean Energy’s procurement of a new renewable resource for the program.

Per the CPUC DAC program guidelines, Peninsula Clean Energy is authorized to procure up to 3MW of solar capacity. Until a new solar resource is procured, Peninsula Clean Energy will serve customers from MCE’s interim resource. Peninsula Clean Energy executed a PPA with Marin Clean Energy for its existing Goose Lake Solar project, which meets DAC program guidelines, to provide for its DAC customers until a permanent resource is procured.

Status: The program is currently serving approximately 1,000 customers. Peninsula Clean Energy signed a PPA with Renewable America, LLC for a 3MW solar resource located in Dos Palos, CA, approximately 15 miles southeast of the City of Los Banos. In June, staff expanded their contract with MCE’s interim resource Goose Lake Solar to 3.74MWdc. This will allow more customers to subscribe to the program and receive on-bill benefits.

Staff launched a Request for Proposals for 402kW of solar as part of their Community Solar Green Tariff (CSGT), but was not successful in identifying a resource that would meet the needs of its program.
4 Transportation Programs

4.1 Used Electric Vehicle (EV) Rebate Program
Background: Launched in March 2019, the Used EV Rebate Program provided a used EV incentive, up to $4,000, to income-qualified residents in the service territory (those making 400% of the Federal Poverty Level or less). In October 2020, the Board approved expanding the program to offer used EV incentives to all residents in the service territory, while maintaining the increased incentives for income-qualified residents. In February 2021, Peninsula Clean Energy executed a competitively bid contract with GRID Alternatives (GRID) to administer the expanded program.

Status: As of the beginning of 2024, the new federal Clean Vehicle Credit provides a used EV incentive for low-income households at the point-of-sale through dealerships, up to $4,000. To reflect that change and provide for improved customer benefit and convenience, staff have significantly reconfigured the PCE Used EV Rebate as follows:

Vehicle and income requirements have been harmonized with new federal Clean Vehicle Credit and prior pre-approval processes have been removed so that customers can seamlessly combine both the federal credit and the PCE incentive for a combined $6,000 in down payment assistance when purchasing at participating dealerships. Customer can also 175
apply for a post-purchase reimbursement if buying outside of the participating dealership network.

The general rebate has been removed so that the PCE program is low to moderate income only.

For more information, please visit https://www.peninsulacleanenergy.com/usedev/

4.2 “EV Ready” Charging Design Assistance & Incentive Program Background: In December 2018, the Board approved the EV Ready program, consisting of EV charging infrastructure incentives, and technical assistance. The California Energy Commission (CEC) invested an additional $12 million in San Mateo County for EV fast charging. The program is open and available to multi-family housing, affordable housing, workplace charging, and general public-access sites, through there is a general focus on multi-family housing, which has been a historically underserved population in state EV charging programs.

PCE offers free project design assistance, facilitated through CLEAResult. There are currently over 200 active projects receiving this assistance and, on average, projects receiving assistance more than double the overall size of their EV charging projects.

Status: The program has helped the community install ~1,000 chargers with over 3,500 additional chargers in progress. Recent notable projects include 63 chargers installed at a condo property in Menlo Park and 25 Level 1 outlets installed at an apartment property in San Mateo. The program is a statewide model with installation costs well below other similar programs. Key elements of the program are being replicated by a number of other programs.

For more information, please visit https://www.peninsulacleanenergy.com/ev-ready/

4.3 E-Bikes for Everyone Rebate Program
Background: The Board initially approved the income-qualified E-Bikes Rebate program in July 2020 and has approved multiple budget increases since.

The program runs in annual cycles and is available to residents with low to moderate incomes.

The program has provided over 800 rebates since 2021. Customers can use the rebate either at qualifying bike shops for a point-of-sale discount, or at any other shop for a post-purchase rebate.

Status: This program is currently closed. Staff are planning for a relaunch in the summer and evaluating options for future program cycles.

4.4 Public EV Fleet Program (GovEV)
Background: The Board approved the GovEV Fleet Program in November 2020. This program is comprised of three components to help local agencies begin their fleet electrification efforts:
hands-on technical assistance, gap funding, and a vehicle to building resiliency demonstration that will assess the costs and benefits of utilizing fleet EVs as backup power resources for agencies in grid failures and other emergencies. In August 2022, the Board of Directors approved a contract with Optony to assist in the administration of this program and further approved an extension with Optony in March 2024.

Status: 11 cities have enrolled, including: Menlo Park, Burlingame, San Mateo, South San Francisco, Daly City, San Carlos, Foster City, Millbrae, Brisbane, San Bruno, and East Palo Alto are now receiving technical assistance. Menlo Park plans to install 30+ charging stations 176
for fleet vehicles at the City Hall, Police Department, and Corporation Yard and Burlingame is moving forward with 8 chargers at their Corporation Yard.

Other agencies are encouraged to apply, when ready, at
https://www.peninsulacleanenergy.com/government-programs/.

4.5 EV Managed Charging Pilot
Background: Peninsula Clean Energy aims to facilitate EV charging that avoids expensive and polluting evening hours through “managed charging” systems. This work is in the second phase of a pilot. In 2020, Peninsula Clean Energy ran a proof-of-concept pilot for EV managed charging with startup FlexCharging to test timing of EV charging through vehicle-based telematics. The pilot is in Phase 2 with a larger set of vehicles. In October of 2021, the Board approved a contract up to $220,000 with the University of California, Davis’ Energy Economics Program (DEEP) to develop and advise on an incentive structure experiment that will be used to inform the Peninsula Clean Energy managed charging program design. In November, the Board approved a contract up to $220,000 with ev.energy as the platform provider for EV managed charging services.

Status: 700+ participants have joined the experiment. Internal analysis shows successful mitigation of “timer peaks,” when many EVs begin charging simultaneously at the start of the off-peak window, but otherwise minimal load shift during evening ramp up hours. Recruitment is a major challenge. Staff are negotiating with ev.energy on contract extension options and will present results and recommendations in a future Board meeting. A Technical Advisory Committee, consisting of staff from CEC, CPUC, CCAs, and NGOs, has informed the pilot.

Researchers from UC Davis will begin independent analysis shortly. 177
DATE: March 20, 2024
MEETING DATE: April 25, 2024
VOTE REQUIRED: None
TO: Honorable Peninsula Clean Energy Authority Board of Directors FROM: Marc Hershman
SUBJECT: Update on Legislative Activities
Item No. 18

PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence

DISCUSSION
Sacramento Summary
Policy and budget committee hearings have begun in earnest, with bills moving through committee meetings and an initial budget agreement to shave some of the anticipated deficit being addressed before the Governor delivers his revised budget numbers in May.

As of this writing, Peninsula Clean Energy has taken an official position on 2 bills and CalCCA has taken positions on 2 bills. Please see the attached Matrix for details of those bills which we are monitoring and engaging. Also attached are letters of support submitted by Peninsula Clean Energy for SB 1095 (Becker) and SB 1130 (Bradford) State Budget
In late February, the Legislative Analyst Office estimated that the state budget deficit is approximately $73 billion. That is $15 billion greater than the number projected last year by the LAO and $38 billion greater than the size of the deficit estimated by Governor Newsom when he released his initial budget in January.

The Governor’s budget will be updated in May, after the deadline for most residents and businesses to have filed their 2023 tax returns.

To begin to address the growing deficit the Governor met with legislative leaders in early April.

At the time of this report an agreement was reached and a bill, AB 206 (Gabriel), reducing expenditures by $17 billion, was passed by the Assembly on April 11. In addition, roughly $13 billion is being withdrawn from various state savings accounts. Even with this $30 billion downpayment on the deficit there remains a deficit of tens of billions of dollars.

The bill has now passed both houses of the Legislature and is on the Governor’s desk. His signature is likely to be added to the legislation sometime during the week of April 15. Most of the savings appear to be from canceling or delaying previously authorized expenditures and accounting measures such as delaying state worker paychecks from June 30 to July thus placing them in a different fiscal year. We will continue to watch this closely, particularly as the budget implicates energy issues and a potential climate bond.
178
California Department of Housing and Community Development Every three years the California Department of Housing and Community Development (HCD) develops and adopts new building codes. Often these changes advance California’s climate and energy policies. One proposed change this year caught the eye of Peninsula Clean Energy’s Programs Team.

The proposed code, if enacted as drafted, would eliminate the opportunity for installation of Level 1 EV charging at existing apartment and condominium buildings across the state. The proposed code would require the installation of a Level 2 charger whenever existing parking facilities are altered and the work requires a building permit, which includes the installation of a Level 1 charger.

Peninsula Clean Energy has been an advocate for the installation of Level 1 charging as a proven cost-effective solution for EV charging installation at existing multi-family properties.

Level 1 charging is not only cost-effective, but it can be installed quickly and is not subject to delays experienced by projects facing lengthy connection timelines. As a result of our success numerous programs, including many state programs, are now emphasizing this solution.

Peninsula Clean Energy reached out to legislators, CCAs and non-governmental organizations to enlist their support of language that would allow the installation of Level 1 chargers in an existing multi-family building, regardless of quantity or scope. We want to extend our sincere appreciation to all those who signed letters letting HCD know of their support for Level 1 charging in multi-family buildings.

Senator Josh Becker (D-Menlo Park), Senator Henry Stern (D-Simi Valley), Assemblymember Marc Berman (D-Palo Alto) and Assemblymember Chris Ward (D-San Diego) sent a strong letter of support to HCD, as did 11 CCAs through a letter submitted by CalCCA. The California Electrical Transportation Coalition (CalETC,) sent in a similarly supportive letter. We are pleased to report that the Advisory Committee to HCD, by a vote of 8-1, recommended the inclusion of Peninsula Clean Energy’s platform positions pertaining to Level 1 charging in multi-family buildings. However, this is not a final determination and the matter is now being considered by HCD staff. We continue to monitor this situation closely.

Federal Engagement
Peninsula Clean Energy has engaged Thorn Run Partners, a Washington, D.C. firm, to assist with our federal engagement on issues of importance and specifically to help us with our Federal earmark requests.

CEO Shawn Marshall and Director of Government Affairs Marc Hershman traveled to Washington, DC along with representatives of 5 other CCAs from California, during the week of March 18 to meet with legislators, legislative staff, and administration officials. (Public Policy Objective B, Key Tactic 1)
ATTACHMENTS:

April Bill Matrix_MF.docx
SB 1095 PCE Letter of Support.pdf
SB 1130 PCE Letter of Support.pdf
179
Status of 2024 Legislative Session Bills
As of April 15, 2024
With Peninsula Clean Energy and CalCCA Adopted Positions Bill Summary Status PCE
Position
CalCCA
Position
Comments
AB 817 (Pacheco)
Brown Act
Exemption:

Advisory
Committees
This bill, until January 1, 2026, would authorize
a subsidiary body, defined as one that serves
exclusively in an advisory capacity and has no
final decision-making authority, to use similar
alternative teleconferencing provisions and
would impose requirements for notice, agenda,
and public participation, as prescribed. To use
teleconferencing pursuant to this act, the bill
would require the legislative body that
established the subsidiary body by charter,
ordinance, resolution, or other formal action to
make specified findings by majority vote before
the subsidiary body uses teleconferencing for
the first time and every 12 months thereafter.

Passed Assembly.

Awaiting referral to
a Senate Policy
Committee
Support
pending
Support This bill started
last year and
moved through
the Assembly in
January as a
two-year bill.

This bill’s
impact on
Peninsula Clean
Energy will be
limited to the
Community
Advisory
Committee
AB 1550 (Bennett)
Green Hydrogen
Standard
Would define green hydrogen as hydrogen
produced utilizing non biogas/biomass
renewable electricity to electrolyze water into
hydrogen. Also defines renewable hydrogen as
hydrogen produced utilizing renewable
electricity, except for dairy biogas, to electrolyze
water into hydrogen The bill would require all
hydrogen used in transportation and energy
sectors to be green or renewable by 2045.

Dead
2-year bill that
failed to pass the
Assembly by 1/31
deadline
None None
AB 1567 (Garcia) Proposes a $15.9 billion climate resilience bond to fund programs responding to drought/flood,
2-year bill currently
pending in Senate
None None Bond measures
must be signed
180
Status of 2024 Legislative Session Bills
As of April 15, 2024
With Peninsula Clean Energy and CalCCA Adopted Positions Climate Bond wildfire, sea-level rise, etc. The bond proposes $2 billion for energy resilience programs such as
zero-emission vehicle infrastructure and clean
energy transmission projects.

Committee on
Natural Resources
& Water
by the
Governor by
June 27 for
placement on
the November
5 ballot.

AB 1852 (Pacheco)
Clean Power
Alliance
Current law makes certain information
presented to the joint powers agency in closed
session confidential, and authorizes a member
of the legislative body of a local agency member
to disclose certain information obtained in a
closed session to legal counsel of that member
local agency or to other members of the
legislative body of that local agency in a closed
session. Current law further authorizes the
Clean Power Alliance of Southern California to
authorize a designated alternate member of its
legislative body who is not a member of the
legislative body of a local agency member to
attend its closed sessions and to make similar
disclosures described above. Current law
repeals these provisions relating to the Clean
Power Alliance of Southern California on
January 1, 2025. This bill would extend that
repeal date to January 1, 2030.

Passed Assembly.

Awaiting referral to
a Senate Policy
Committee
None None This bill is
sponsored by
the Clean
Power Alliance
AB 1912 (Pacheco) Would require, before holding a committee hearing on a bill that proposes a new or
Referred to
Assembly
None None
181
Status of 2024 Legislative Session Bills
As of April 15, 2024
With Peninsula Clean Energy and CalCCA Adopted Positions modifies an existing requirement imposed on an
IOU or proposes a new or modifies an existing
program that would be paid for by IOU
ratepayers, that a request be made to the
University of California, Berkeley, to prepare a
written analysis of the bill assessing impacts to
rates, other potential funding sources, etc.

Committee on
Appropriations
Passed Assembly
Committee on
Utilities & Energy
AB 1921 (Papan)
Linear Generators
This bill would expand the definition of
“renewable electrical generation facility”, for
purposes of compliance with the Renewable
Portfolio Standard (RPS), to include a facility
that uses linear generators using RPS eligible
fuels.

Set for April 15
hearing in
Assembly
Committee on
Natural Resources
Passed Assembly
Committee on
Utilities & Energy
None None This bill is
sponsored by
Mainspring, a
company
located in
Menlo Park
AB 1999 (Irwin)
Fixed Charges
The bill would permit the PUC to authorize fixed
charges that, as of January 1, 2015, do not
exceed $5 per residential customer account per
month for low-income customers enrolled in
the California Alternate Rates for Energy (CARE)
program and that do not exceed $10 per
residential customer account per month for
customers not enrolled in the CARE program.

The bill would authorize these maximum
allowable fixed charges to be adjusted by no
more than the annual percentage increase in
Referred to
Assembly
Committee on
Utilities & Energy
None None This bill is in
response to the
Income
Graduated
Fixed Charge
proceeding at
the CPUC as
authorized by
AB 205 (2022).

The CPUC
recently
182
Status of 2024 Legislative Session Bills
As of April 15, 2024
With Peninsula Clean Energy and CalCCA Adopted Positions the Consumer Price Index for the prior calendar
year, beginning January 1, 2016.
proposed a
decision to
institute a fixed
charge of
$24.15 per
month with
reduced fixed
charges for
FERA and CARE
customers
AB 2037 (Papan)
County Sealers: EV
Chargers
This bill would grant county sealers jurisdiction
over publicly operated electric vehicle (EV)
chargers. Existing law requires county sealers to
test all weighing and measuring devices used for
commercial purposes in the counties in which
they have jurisdiction. This includes privately-operated EV chargers. However, a 1977 Attorney General (AG) opinion limited the
jurisdiction of county sealers by excluding
publicly owned weighing and measuring
devices. This did not present an issue until
recently, when cities and counties began
owning and operating many commercial EV
chargers.

Awaiting vote on
the Assembly Floor
Passed Assembly
Committee on
Appropriations
Passed Assembly
Committee on
Privacy &
Consumer
Protection
None None
AB 2054 (Bauer-Kahan)
PUC
Commissioners
This bill would prohibit a member of the Energy
Commission or the CPUC from being employed
by an entity subject to regulation by the Energy
Commission or CPUC for a period of 3 years
Referred to
Assembly
Committee on
Appropriations
None None
183
Status of 2024 Legislative Session Bills
As of April 15, 2024
With Peninsula Clean Energy and CalCCA Adopted Positions after ceasing to be a member of the
commission.

Passed Assembly
Committee on
Utilities & Energy
AB 2513 (Pellerin)
Gas Stoves and
Ranges: Warning
Label
This bill would prohibit a person from selling,
attempting to sell, or offering to sell to a
consumer in this state a gas stove, as defined,
that is manufactured on or after January 1,
2025, unless the gas stove bears a label that
sets forth a specified statement relating to air
pollutants that can be released by gas stoves
and that is attached to the gas stove in a
conspicuous location.

Set for April 23
Hearing in
Assembly
Committee on
Environmental
Safety & Toxic
Materials
Support
Pending
None
AB 2619 (Connolly)
Net Energy
Metering
This bill would require the CPUC to develop a
new standard contract or tariff providing NEM
for eligible customer-generators of IOUs.

Set for April 17
Hearing in
Assembly
Committee on
Utilities & Energy
None None
AB 2666 (Boerner)
Public Utilities:

Rate of Return
This bill would require the commission, if it
determines that an electrical corporation or a
gas corporation has received revenues from its
ratepayers that are in excess of its approved
rate of return for a prior year, to require the
electrical corporation or gas corporation to
refund those excessive revenues from the prior
year to its ratepayers.

Set for April 24
Hearing in
Assembly
Committee on
Utilities & Energy
Support
Pending
None This bill is
opposed by the
California State
Association of
Electrical
Workers,
California State
Pipe Trades
Council, and
Coalition of
California Utility
Employees
184
Status of 2024 Legislative Session Bills
As of April 15, 2024
With Peninsula Clean Energy and CalCCA Adopted Positions AB 2815 (Petrie-Norris)
EV Charging Repair
Grants
Would require the Energy Commission to
establish a program to provide grants for repairs
to EV charging infrastructure that has been in
operation for at least 5 years and that is in a
publicly available parking space. The bill would
authorize grant funding to be used for the cost
to repair or replace an EV charging station. The
bill would require the commission to allocate at
least 50% of grant funding to low-income
communities and disadvantaged communities.

Set for April 15
Hearing in
Assembly
Committees on
Transportation
Also referred to
Assembly
Committees on
Natural Resources
Support
Pending
None
AB 2847 (Addis)
IOU Revenue
Requirements for
Proposed Capital
Expenditures
This bill would require an IOU’s application
requesting authorization for or recovery of
capital expenditures to include the IOU’s best
estimate of the application’s impact on annual
revenue requirement for each year that the
capital expenditures are expected to remain in
the application’s rate base and the net present
value of those impacts.

Referred to
Assembly
Committee on
Appropriations
Passed Assembly
Committee on
Utilities & Energy
Support
Pending
None The bill
language
specifically
references
undergrounding
AB 2891 (Friedman)
Electrical Demand
Forecasts
This bill would require the Energy Commission,
on or before July 1, 2026, and in consultation
with the PUC, CAISO, load-serving entities, and
resource aggregators, to adopt a set of upfront
technical requirements and load automation
standards to provide the option for a load-serving entity to reduce or modify its electrical demand forecast upon aggregated system
operation.

Set for April 17
Hearing in
Assembly
Committee on
Utilities & Energy
None None
AB 3256 (Irwin) This bill would require the commission to include, as part of its annual update to the
Referred to
Assembly
Support
Pending
None
185
Status of 2024 Legislative Session Bills
As of April 15, 2024
With Peninsula Clean Energy and CalCCA Adopted Positions Memorandum and
Balancing
Accounts: Reports
to the Legislature
Legislature on the status of its review of
balancing accounts, the amount of funds in, and
the expenditures from, the memorandum
accounts and balancing accounts of each public
utility. The bill would require the commission to
annually determine if each memorandum
account and each balancing account has
achieved its intended purpose in the previous
year.

Committee on
Utilities & Energy
SB 382 (Becker)
Property
Disclosures:

Electrical Systems
This bill would, on or after January 1, 2026,
require a seller of a single-family residential
property to deliver a specified disclosure
statement to the prospective buyer regarding
the electrical systems of the property.

Awaiting policy
committee referral
in the Assembly.

Passed Senate
Floor.

None None
SB 867 (Allen)
Climate Bond
Proposes a $15.5 billion climate resilience bond
to fund programs responding to drought/flood,
wildfire, sea-level rise, etc. The bond proposes
$2 billion for energy resilience programs such as
zero-emission vehicle infrastructure and clean
energy transmission projects.
2-year bill currently
pending in
Assembly
Committee on
Natural Resources
None None Bond measures
must be signed
by the
Governor by
June 27 for
placement on
the November
5 ballot.

SB 938 (Min)
Utility
Accountability Act
Would prohibit, except as provided, an electrical
or gas corporation from recording various
expenses associated with political influence
activities or with advertising to accounts that
contain expenses that the electrical or gas
Set for April 16
Hearing in Senate
Committee on
Energy, Utilities
None None This bill is co-sponsored by
TURN and
Earthjustice.
186
Status of 2024 Legislative Session Bills
As of April 15, 2024
With Peninsula Clean Energy and CalCCA Adopted Positions corporation recovers from ratepayers. The bill
would require an electrical or gas corporation to
provide the Public Utilities Commission with all
information deemed necessary to monitor
compliance with that prohibition. The bill also
would require an electrical or gas corporation,
for each business unit of the corporation that
performs work associated with political
influence activities or advertising, to annually
file with the commission a report containing
specified information. The bill would require the
commission to make the report publicly
available.
and
Communications
SB 993 (Becker)
Clean energy
development
incentive rate tariff
This bill requires the PUC to develop a special
tariff (set of electricity rates) to support the
development of green hydrogen and the
electrification of industrial heat by providing
attractive rates at times when we have
abundant clean energy (and high rates at other
times). This tariff will offer these new
customers a great deal: pricing to help them be
cost-competitive, but only if they operate in a
way that relies on clean energy, avoids new grid
infrastructure costs, and helps us maintain a
reliable grid.

Set for April 16
Hearing in Senate
Committee on
Energy, Utilities
and
Communications
None None
SB 1018 (Becker) The cheapest and cleanest way to provide renewable energy to power hydrogen
electrolyzers or to displace fossil fuels in
Set for April 16
Hearing in Senate
Committee on
None None
187
Status of 2024 Legislative Session Bills
As of April 15, 2024
With Peninsula Clean Energy and CalCCA Adopted Positions industry would be directly connecting those
renewables to those new clean energy loads.

Unfortunately, this is prevented today by the
""over-the-fence rule,"" which allows ""behind
the meter"" usage of electricity only in very
limited cases (such as when generated on the
same property as rooftop solar). That doesn't
work when you need acres of solar panels to
provide enough power for a big factory. This bill
will create a targeted new exception to the
over-the-fence rule to enable off-grid use of
renewables for these new, climate-beneficial
purposes.

Energy, Utilities
and
Communications
SB 1095 (Becker)
Cozy Homes
Cleanup Act
This bill updates code ambiguities to ensure
individuals can switch from gas to electric
appliances, allowing Californians to opt for
cozier and healthier zero-emission homes. To do
so, the bill: (1) Prevent HOAs from
implementing provisions which prevent the
switch from gas to electric appliances, (2)
Clarifies the authority of individuals to replace
gas with electric appliances in mobile and
manufactured homes, and (3) Provides the
Department of Housing and Community
Development authority to update its regulations
should further legal uncertainty inhibit
appliance replacement.

Referred to Senate
Committee on
Housing
Support None
SB 1130 (Bradford) Would require the PUC to review each IOU’s report to ensure it has sufficiently enrolled
Pending on the
Suspense File of the
Support Support
188
Status of 2024 Legislative Session Bills
As of April 15, 2024
With Peninsula Clean Energy and CalCCA Adopted Positions IOU Reports on
Family Electric Rate
Assistance
eligible households in the FERA program
commensurate with the proportion of
households the commission determines to be
eligible within the electrical corporation’s
service territory. If the commission, in its review
of a report, determines an IOU has not
sufficiently enrolled eligible households in the
FERA program, the bill would require the
commission to require the IOU to develop a
strategy and plan to sufficiently enroll eligible
households within 3 years of the adoption of
the strategy and plan.

Senate Committee
on Appropriations
Passed Senate
Committee on
Energy, Utilities
and
Communications
SB 1305 (Stern)
Virtual Power Plant
Procurement
Mandate
This bill would require each Investor-Owned
Utility (IOU) to procure from virtual power
plants, defined as actively coordinated
aggregations of behind-the-meter distributed
energy resources that can perform certain
functions, sufficient capacity to meet specified
minimum capacity requirements by certain
dates. The bill would require capacity procured
from a virtual power plant by an IOU pursuant
to these provisions to be used to meet the
resource adequacy requirements established for
the load-serving entity.

Set for April 22
Hearing in Senate
Committee on
Energy, Utilities
and
Communications
None None
SB 1374 (Becker)
Restoring Self-consumption
When the PUC changed net energy metering for
behind-the-meter solar, it retained the ability
for solar customers to avoid purchasing energy
from the utility for solar power that was self-consumed (during the same time in which it was Set for April 22
Hearing in Senate
Committee on
Energy, Utilities
None None
189
Status of 2024 Legislative Session Bills
As of April 15, 2024
With Peninsula Clean Energy and CalCCA Adopted Positions Benefits for On-Site
Generation
generated) while drastically lowering the value
of excess solar power that is exported to the
utility. For virtual net energy metering (VNEM)
and net energy metering aggregation (NEMA)
customers (where energy from a carport solar
system over a school parking lot could be
virtually netted against power usage by
separately metered school buildings), the PUC
eliminated any credit for self-consumption,
making it an even worse deal for these
customers. This bill would re-establish credit
for self-consumption for VNEM and NEMA,
equivalent to what is provided for single family
homes.
and
Communications
190
191
192

COMMONLY USED ACRONYMS AND KEY TERMS
AB xx – Assembly Bill xx
ALJ – Administrative Law Judge
AMP - Arrears Management Plans
Apple Valley Choice Energy
AQM – Air Quality Management
Ava – Formally East Bay Community Energy
BAAQMD – Bay Area Air Quality Management District
BLPTA – Buyer Liability Pass Through Agreement
CAC – Citizens Advisory Committee
CAISO – California Independent System Operator
CalCCA – California Community Choice Association
CAM – Cost Allocation Mechanism
CAP – Climate Action Plan
CAPP – California Arrearage Payment Program
CARB – California Air Resources Board, or California ARB CARE - California Alternative Rates for Energy Program
CBA – California Balancing Authority
3CE- Central Coast Community Energy (Formerly Monterey Bay Community Power-MBCP) CCA – Community Choice Aggregation (aka Community Choice Programs (CCP) or CCE – Community Choice Energy (CCE)
CCCFA – California Community Choice Financing Authority CC Power – California Community Power
CEC – California Energy Commission
Clean Energy Alliance – CCA in
CPA – Clean Power Alliance
Clean Power SF
CPP - Critical Peak Pricing
CPSF – Clean Power San Francisco
CPUC – California Public Utility Commission (Regulator for state utilities) (Also PUC) CSD – California Department of Community Services and Development CSGT - Community Solar Green Tariff
Customer Centricity - culture, framework and business strategy based on providing a positive customer experience and building long-term relationships DA – Direct Access
DAC-GT - Disadvantaged Communities Green Tariff
DER – Distributed Energy Resources
Desert Community Energy
DG – Distributed Generation
DOE – Department of Energy
DR – Demand Response
DRP – Demand Response Provider
DRP/IDER – Distribution Resources Planning / Integrated Distributed Energy Resources EBCE – East Bay Community Energy now known as Ava Community Energy ECOplus – PCE’s default electricity product, 50% renewable and 50% carbon-free (in 2021) ECO100 – PCE’s 100% renewable energy product 193
EDR – Economic Development Rate
EE – Energy Efficiency
EEI – Edison Electric Institute; Standard contract to procure energy & RA EIR – Environmental Impact Report
ELCC – Effective Load Carrying Capability
EPIC – Energy for Palmdale’s independent Choice
ESP – Electric Service Provider
ESS – Energy Storage Systems
ESSA – Energy Storage Services Agreement
ERRA – Energy Resource Recovery Account
EV – Electric Vehicle
EVSE – Electric Vehicle Supply Equipment (Charging Station) FERA- Family Electric Rate Assistance Program
FERC – Federal Energy Regulatory Commission
FFS – Franchise Fee Surcharge
GHG – Greenhouse gas
GHG-Free – Greenhouse gas free
GTSR – Green Tariff Shared Renewables
GWh – Gigawatt Hours (Energy) = 1000 MWh
Heavy Duty Vehicle – large vehicles such as busses and long-haul trucks HPWH – Heat Pump Water Heater
HP HVAC – Heat Pump Heating, Ventilation, and Air Conditioning HR xx – House of Representatives Bill xx
IDER – Integrated Distributed Energy Resources
IGFC – Income Graduated Fixed Charge
IOU – Investor-Owned Utility (e.g. PG&E, SCE, SDG&E)
IIJA – Infrastructure Investment and Jobs Act
IRA – Inflation Reduction Act
IRP – Integrated Resource Plan
IVR – Interactive Voice Response
ITC – Investment Tax Credit (it’s a solar tax credit)
JCC – Joint Cost Comparison
JPA – Joint Powers Authority
JRC – Joint Rate Comparison
JRM – Joint Rate Mailer
kW – kilowatt (Power)
kWh – Kilowatt-hour(Energy)
Lancaster Energy
Light Duty Vehicle - passenger vehicles such as cars and small pickup trucks LDS – Long Duration Storage
LDES – Long Duration Energy Storage
LIHEAP- Low Income Home Energy Assistance Program
Load Shaping – changing when grid energy is used
LSE – Load Serving Entity
MCE – Marin Clean Energy
Methane Gas - formerly known as ‘natural gas’
Microgrid – building or community energy system
Mid Duty Vehicle – vehicles such as passenger vans
MW – Megawatt (Power) = 1000 kW
MWh – Megawatt-hour (Energy) = 1000 kWh 194
MTR – Mid-Term Reliability
MUD – Multi-unit Dwelling
NBCs – non-bypassable charges
NBT – Net Billing Tariff
NEM – Net Energy Metering
NERC – North American Electric Reliability Corporation
NDA – Non-Disclosure Agreement
NG – Natural Gas
OBF – On-bill Financing
OBR – On-bill Repayment
OCPA – Orange County Power Authority
OES – Office of Emergency Services
OIR – Order Instituting Rulemaking
PACE – Property Assessed Clean Energy
PCC – Portfolio Content Category (aka “buckets”) – categories for RPS compliance PCC1 – Portfolio Content Category 1 REC (also called bucket 1 REC) PCC2 – Portfolio Content Category 2 REC (also called bucket 2 REC) PCC3 – Portfolio Content Category 3 REC (also called bucket 3 REC or unbundled REC) PCEA – Peninsula Clean Energy Authority
PCIA – Power Charge Indifference Adjustment
PCL – Power Content Label
Pioneer Community Energy
PLA – Project Labor Agreement
POU – Publicly Owned Utility
Pomona Choice Energy
PPA – Power Purchase Agreement
PPSA – Project Participation Share Agreement (CC Power) PRIME – Pico Rivera innovative Municipal Energy
PSPS – Public Safety Power Shutoff
PV – Photovoltaics(solar panels)
Rancho Mirage Energy Authority
RA – Resource Adequacy
RE – Renewable Energy
REC – Renewable Energy Credit/Certificate
Redwood Coast Energy Authority
RICAPS - Regionally Integrated Climate Action Planning Suite RPS – California Renewable Portfolio Standard
S xx – US Senate Bill xx
SB xx – CA Senate Bill xx
Santa Barbara Clean Energy
SBP – Solar Billing Plan
SCP – Sonoma Clean Power
SDCP – San Diego Community Power
SJCE – San Jose Clean Energy
San Jacinto Power
SJVAPCD - San Joaquin Valley Air Pollution Control District SMD – Share My Data, interval meter data
SQMD – Settlement Quality Meter Data
SVCE – Silicon Valley Clean Energy
TOB – Tariff on Bill 195
TOU Rates – Time of Use Rates
Valley Clean Energy
VGI – Vehicle-Grid Integration
V2G – Vehicle-to-Grid
VPP – Virtual Power Plant
WECC – Western Energy Coordinating Council
WREGIS – Western Renewable Energy Generation Information System WSPP – Western Systems Power Pool; standard contract to procure energy and RA WWGPI - West-Wide Governance Pathways Initiative
196

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