2075 Woodside Road | Redwood City, CA 94061
(650) 260-0005 | peninsulacleanenergy.com
Regular Meeting of the Board of Directors of the
Peninsula Clean Energy Authority (PCEA)
AGENDA
Thursday, March 27, 2025
6:30 pm
PLEASE NOTE: This meeting will be held in a hybrid format with both in-person and Zoom participation options for members of the public;
Board members shall appear in person.
In-Person Meeting Locations:
PCEA Lobby, 2075 Woodside Road, Redwood City, CA 94061
Los Banos City Hall, Conference Room A, 520 J Street, Los Banos, CA 93635 Hotel at Oberlin, 10 East College Street, Oberlin, OH 44074 Zoom, Virtual Meeting Link: https://pencleanenergy.zoom.us/j/87496649657 Meeting ID: 874-9664-9657 Passcode: 2075 Phone: +1 (669) 444-9171 Introduction
This meeting of the Board of Directors will be held at the Peninsula Clean Energy Lobby: 2075 Woodside Road, Redwood City, CA 94061 and Los Banos City Hall, Conference Room A, 520 J Street, Los Banos, CA 93635 and by teleconference pursuant to California Assembly Bill 2449 and the Ralph M. Brown Act, CA Gov’t Code. Section 54950, et seq. Members of the Board are expected to attend the meeting in person and should reach out to General Counsel for Peninsula Clean Energy, Jennifer Stalzer, with questions or accommodation information ([email protected]). For information regarding how to participate in the meeting remotely, please refer to the instructions at the end of the agenda. In addition, a video broadcast of the meeting can be viewed at https://www.peninsulacleanenergy.com/meetings-events/ following the meeting.
Public Participation
The PCEA Board meeting may be accessed through Zoom online at https://pencleanenergy.zoom.us/j/87496649657. The webinar ID is: 874-9664-9657 and the passcode is 2075. The meeting may also be accessed via telephone by dialing +1(669) 444-9171. Enter the webinar ID: 874-9664-9657, then press #. (Find your local number:
https://pencleanenergy.zoom.us/u/kTlH1Ocod). Peninsula Clean Energy uses best efforts to ensure audio and visual clarity and connectivity. However, it cannot guarantee the connection quality.
Members of the public can also attend this meeting physically at the Peninsula Clean Energy Lobby at 2075 Woodside Road, Redwood City, CA 94061 or Los Banos City Hall, Conference Room A, 520 J Street, Los Banos, CA 93635.
Written public comments may be emailed to PCEA Board Clerk, Nelly Wogberg ([email protected]) and such written comments should indicate the specific agenda item on which the member of the public is commenting.
Spoken public comments will be accepted during the meeting in the Board Room(s) or remotely through Zoom at the option of the speaker. Please use the “Raise Your Hand” function in the Zoom platform, or press *6 if you phoned into the meeting, to indicate that you would like to provide comment. 1 1. Approval of Two Funding Agreements for an EV Fleet Electrification Project with the City of East Palo Alto
2. Approval of an Agreement with the Law Firm of Keyes & Fox LLP for Distributed Energy Resource Management System (DERMS) legal support in an Amount Not-to-Exceed $60,000 with a term of March 3, 2025 to August 30, 2025
3. Approval of Minutes from the February 27, 2025 Board of Directors Meeting
4. Chair Report (Discussion)
5. CEO Report (Discussion)
6. Community Advisory Committee Report (Discussion)
7. Selection of Board of Directors Chair and Vice Chair (Action)
9. Study Sessions: 1. PCE Energy 101 and 2. Managing Volatility of Cost of Energy and the Power Charge Indifference Adjustment (PCIA) (Discussion)
10. Board Members’ Reports (Discussion)
Please note that Peninsula Clean Energy Board of Directors meetings are a limited public forum, and all public comment must relate to something that is within the subject matter jurisdiction of the Board. If comments do not relate to the subject matter jurisdiction of the Board, we will stop the comment and move on to the next speaker. General Counsel will assist in identifying comments that are not related to the subject matter jurisdiction of the Board.
ADA Requests
Individuals who require special assistance or a disability related modification or accommodation to participate in this meeting, or who have a disability and wish to request an alternative format for the meeting, should contact Nelly Wogberg, Board Clerk, by 10:00 a.m. on the day before the meeting at ([email protected]). Notification in advance of the meeting will enable PCEA to make reasonable arrangements to ensure accessibility to this meeting, the materials related to it, and your ability to comment.
Closed Captioning is available for all PCEA Board meetings. While watching the video broadcast in Zoom, please enable captioning.
CALL TO ORDER / ROLL CALL / APPROVE TELECONFERENCE PARTICIPATION UNDER AB 2449
This item is reserved to approve teleconference participation request for this meeting by Director pursuant to Brown Act revisions of AB 2449 due to an emergency circumstance to be briefly described.
PUBLIC COMMENT
This item is reserved for persons wishing to address the Board on any PCEA-related matters that are not otherwise on this meeting agenda. Public comments on matters listed on the agenda shall be heard at the time the matter is called. Members of the public who wish to address the Board are customarily limited to two minutes per speaker. The Board Chair may increase or decrease the time allotted to each speaker.
ACTION TO SET AGENDA AND TO APPROVE CONSENT AGENDA ITEMS
REGULAR AGENDA
2 11. Account Services Quarterly Update
12. Data and Technology Quarterly Report
13. Legislative Activities Update
15. Social Media FAQ's
16. Acronym List
INFORMATIONAL REPORTS
ADJOURNMENT
Public records that relate to any item on the open session agenda are available for public inspection. The records are available at the Peninsula Clean Energy offices or on PCEA Website at:
https://www.peninsulacleanenergy.com.
JOINING INSTRUCTIONS
3 Instructions for Joining a Zoom Meeting via Computer or Phone Best Practices:
Please mute your microphone when you are not speaking to minimize audio feedback If possible, utilize headphones or ear buds to minimize audio feedback If participating via videoconference, audio quality is often better if you use the dial-in option (option 2 below) rather than your computer audio
Options for Joining
Videoconference with Computer Audio - see Option 1 below Videoconference with Phone Call Audio - see Option 2 below Calling in via Telephone/Landline - see Option 3 below
Videoconference Options:
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Option 1 Videoconference with Computer Audio:
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Option 2 Videoconference with Phone Call Audio
From your computer, click on the following link that is also included in the meeting calendar invitation: https://pencleanenergy.zoom.us/j/87496649657 The Zoom Application will open on its own or you will be instructed to Open Zoom. 4 After the application opens, the pop-up screen below will appear asking you to choose ONE of the audio conference options. Click on the Phone Call option at the top of the pop-up screen.
Please dial +1 (669) 444-9171.
You will be instructed to enter the meeting ID: 874-9664-9657 followed by #.
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Audio Only Options:
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Option 3: Calling in via Telephone/Landline:
Please dial +1 (669) 444-9171.
You will be instructed to enter the meeting ID: 874-9664-9657 followed by #.
You will be instructed to enter your Participant ID followed by #. If you do not have a participant ID or do not know it, you can press # to stay on the line.
You will be instructed to enter the meeting passcode 2075 followed by #. 5 DATE: March 24, 2025
MEETING DATE: March 27, 2025
VOTE REQUIRED: Majority Vote
TO: Honorable Peninsula Clean Energy Authority Executive Committee FROM: Melanie Jasper, Associate Programs Manager, Transportation SUBJECT: Approval of Two Funding Agreements for an EV Fleet Electrification Project with the City of East Palo Alto
Item No. 1
PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence
RECOMMENDATION
Approval of two agreements with the City of East Palo Alto, the Member Agency Grant Agreement and the EV Ready Funding Agreement, for a combined not to exceed amount of $271,563 for an EV fleet project supported by funds from the Member Agency Energy Grant program and the EV Ready program.
BACKGROUND
The City of East Palo Alto is utilizing Peninsula Clean Energy assistance for their City fleet electrification efforts. Funding from two PCE programs, EV Ready and Member Agency Energy Grants, is being utilized for this EV fleet project; background for these two programs is summarized here.
EV Ready. In December 2018, the Board approved PCE’s EV charging infrastructure program intended to accelerate EV adoption in San Mateo County. The program, later named the “EV Ready Program,” provides incentives and no-cost technical assistance to eligible property types, which include: 1) Affordable Housing, 2) Multi-Unit Dwellings (such as apartments and condominiums), 3) Employee Charging, including fleet, and 4) All Publicly Accessible, Non-Residential Locations. The program provides incentives for several different EV charging types, as part of the program's “right-speeding” strategy to install cost-effective charging options, depending on the use case. These incentivized charging options include: 1) Level 1 or Level 2 outlets, 2) Level 2 EV charging stations, 3) Make-Ready parking spaces to encourage future-proofing, and 4) Panel updates for multi-family property sites. These incentives range from $1,000 to $5,500 per charger, depending on property type, retrofit vs. new build projects, and charging type.
Customers apply for EV Ready incentives online, which are reviewed and approved by Peninsula Clean Energy staff. Once approved, a Fund Reservation Agreement, which outlines the EV Ready Program standards and requirements, is distributed via DocuSign and executed by the customer and the Peninsula Clean Energy CEO.
6 Member Agency Energy Grants. In December 2023, the Board approved a package of customer rebates and community reinvestments totaling $68 million. This included the creation of Member Agency Energy Grants, which are a one-time allocation of $11.5 million allocated across PCE's member agencies for self-directed local projects consistent with PCE’s mission.
The funds available for each member agency were determined by formula, taking the maximum of either percentage of customers or percentage of load within that jurisdiction. The program opened in February 2024. The City of East Palo Alto was awarded $243,563 as part of this program.
Funding agreements associated with PCE's grant and EV programs are presented to the Board of Directors prior to execution by the CEO when cumulative spending exceeds $250,000 in a fiscal year for a particular customer, in this case the City of East Palo Alto.
DISCUSSION
As noted above, the City of East Palo Alto is combining funding from two PCE programs to support their EV fleet project. The specific allocations have been summarized in the table below.
The scope of the EV charging project consists of the installation of four Level 2 EV chargers and additional charging infrastructure "future proofing" for the East Palo Alto Planning Division Office. The City also plans to purchase 3 fleet EVs with these funds.
Program EV charging Fleet Vehicles Total
Member Agency
Energy Grant
$68,563 $175,000 $243,563
EV Ready Program $28,000 $28,000
Total $96,563 $175,000 $271,563
FISCAL IMPACT
Funding for this program is included in the Board-approved Community Energy Programs budget.
ATTACHMENTS:
2025.03.27 EVRP_FundReservationAgmt_V042524 1960 Tate.docx 2025.03.27 PCE-E.Palo Alto Energy Grant Contract - 2025.02.docx 7 RESOLUTION NO. _____________
PENINSULA CLEAN ENERGY AUTHORITY, COUNTY OF SAN MATEO, STATE OF
CALIFORNIA
APPROVAL OF TWO FUNDING AGREEMENTS FOR AN EV FLEET ELECTRIFICATION
PROJECT WITH THE CITY OF EAST PALO ALTO
RESOLVED, by the Peninsula Clean Energy Authority of the County of San Mateo, State of California, that
WHEREAS, Peninsula Clean Energy was formed on February 29, 2016; and WHEREAS, expanding access to electric vehicle charging increases adoption of electric vehicles contributes to a reduction of greenhouse gasses; WHEREAS, greenhouse gas reduction is part of Peninsula Clean Energy’s program roadmap approved by the Board; and
WHEREAS, in December 2018, this Board approved the EV charging infrastructure program, which came to be called the “EV Ready” program;
WHEREAS, in December 2023, this Board approved the Member Agency Energy Grants as part of a set of rebates and community investments derived from surplus funds; and WHEREAS, eligible applicants are approved for EV Ready program incentives, subject to the EV Ready Program Standards & Requirements; and
WHEREAS, approved applicants in the EV Ready program are required to execute a Fund Reservation Agreement to secure their financial incentives; and WHEREAS, the City of East Palo Alto has executed an EV Ready Fund Reservation Agreement in the amount of $28,000 and a Member Agency Energy Grant application in the amount of $243,563 for a combined not to exceed amount of $271,563; and WHEREAS, per Peninsula Clean Energy policy, Agreements valued at or above $250,000 in cumulative spending per fiscal year require approval by the Peninsula Clean Energy Board of Directors; and
WHEREAS, the Board wishes to delegate to the Chief Executive Officer authority to finalize and execute the Agreements in amount not to exceed $271,563 with the City of East Palo Alto for an approved Member Agency Energy Grant and EV Ready program incentives.
NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the Board delegates authority to the Chief Executive Officer to finalize and execute two agreements with the City of East Palo Alto for an amount not to exceed $271,563 for EV fleet projects under the Member Agency Energy Grant and EV Ready programs in a form approved by the General Counsel.
8 2075 Woodside Road | Redwood City, CA | 94061 | 650.260.0005 | PenCleanEnergy.com V 3.14.25
Peninsula Clean Energy
Electric Vehicle Ready Program
Fund Reservation Agreement
Applicant First Name Melvin
Applicant Last Name Gaines
Title City Manager
Organization City of East Palo Alto
Email (Redacted)
Phone Number (Redacted)
Proposed Site Address 1960 TATE ST
City EAST PALO ALTO
Zip Code 94303
Service Agreement ID (REDACTED)
Project ID PROJ-070824-13583
EV Charging Infrastructure Project Description:
Project Type Existing Multi-Unit Dwelling
Level 1 Outlets Level 2 Outlets Level 2 Charge Ports Make Ready Ports Submitted # Ports 0 0 4 4
Reserved Funds $0.00 $0.00 $20,000.00 $8,000.00
Panel Upgrade $0.00
Total Reserved Funds $28,000.00
Notes
Peninsula Clean Energy Authority (“PCEA”) cannot guarantee rebate funds beyond what was reserved nor can rebate funds exceed 100% of the total project costs. Final projects with less ports than projected will only receive rebates for installed ports, up to the amount reserved.
By signing below, the site owner (“Site Owner”) or, if the property is owned by a commercial or corporate entity, the representative of the ownership entity (“Owner Representative”) agrees to the “Electric Vehicle (EV) Ready Program” (“Program”) Terms & Conditions. If neither Site Owner nor Owner Representative executes the Agreement, the applicant (“Applicant”) certifies that a Member Agency Grant $68,500.00
9 V 3.14.25
Designated Applicant Assignment form was completed and submitted to PCEA to verify that the Site Owner or Owner Representative has designated the applicant (“Designated Applicant”) authority to represent the Site Owner in the Program and execute all legal agreements as required by the Program.
The undersigned here is the: Site Owner or Owner Representative OR Designated Applicant [DocuSign]
Peninsula Clean Energy EV Ready Program Terms and Conditions
1. ELIGIBILITY: Peninsula Clean Energy Authority offers a rebate to eligible PCEA customers or their designees (Applicant) installing EV Charging Infrastructure through the EV Ready Program. Applicants eligible to receive rebates under the Program must (1) abide by the terms and conditions listed herein; (2) have the EV charging port(s) metered through a PCEA account number; (3) comply with Program Standards and Requirements (“Program Requirements”) in Appendix A; (4) provide PCEA with Required Installation Verification Documents as specified in the Program Requirements upon completion of the project.
2. REBATE RESERVATION TERM AND AMOUNT: The amounts of the rebates for which qualifying projects are eligible are outlined in Program Requirements. Rebate funds are reserved upon execution of this Agreement up to the maximum amount identified in the Program Requirements based on the “EV Charging Infrastructure Project Description” (hereinafter, the Project, see page 1 above). The funds are reserved according to the Fund Reservation Period timelines outlined in the Program Requirements and any modifications to the timelines are at the discretion of PCEA. Rebates will be paid to eligible Rebate Recipient once installation is verified as complete by PCEA. The final amount of the rebates will be the actual eligible costs of verified EV Charging Infrastructure installed or the maximum amount reserved, whichever is less.
3. DISCRETION ON VERIFICATION: Determinations regarding verification pursuant to paragraph (1) and paragraph (2) of these Terms and Conditions, shall be determined at PCEA’s complete and exclusive discretion.
4. REBATE RECIPIENT: The Applicant may direct the rebate funds to any Rebate Recipient, who is a single vendor or service provider incurring costs for the Project up to the amount of documented costs incurred by that Rebate Recipient. The Rebate Recipient shall be identified in the Installation Verification Form submitted upon project completion to request disbursement of the rebate.
5. NO GUARANTEES: PCEA makes no guarantee, representations or warranties, expressed or implied, regarding the implementation or use of EV Charging Infrastructure and equipment purchased or installed pursuant to this PCEA Program.
Customer is solely responsible for any liability, legal or otherwise, arising from the installation, operation, and maintenance of its selected EV Charging Infrastructure.
6. EVSE PACKAGE: Upon approval of the Funds Reservation Agreement by PCEA, customer shall install, operate and maintain the number and type of the EVSE unit(s) (defined in Program Requirements), associated equipment, and signage as selected by Customer and approved by PCEA. Customer acknowledges that:
7. ADDITIONAL SERVICES FROM ELECTRIC VEHICLE SERVICE PROVIDER (EVSP): Separate and apart from the Funds Reservation Agreement and PCEA’s obligations under the Program, the EVSP may offer and contract directly with the Customer to provide any additional or complementary services, as long as these services do not interfere with the objectives of the Program. PCEA is not responsible for the costs of additional EVSP services or any cost related to operations Applicant Signature Date
Peninsula Clean Energy Representative Signature Title Date 10 V 3.14.25
and maintenance of any additional EVSP services.
8. INSTALLATION OF EV CHARGING INFRASTRUCTURE: Customer is responsible for covering all upfront costs of the installation of the EV Charging Infrastructure. Upon completion of installation of the EV Charging Infrastructure, Site Owner understands it is responsible for the operation and maintenance of the EV charging port(s) installed.
9. CONTRACTOR REQUIREMENTS: All work performed on projects under this agreement shall be done by contractors who hold a valid California C-10 license. PCEA reserves the right to amend and change contractor requirements at any point during the program.
10. EV DRIVERS RIGHT TO ACCESS: Customer may limit the availability of the EV Charging Infrastructure to its employees or tenants. Under the Program, Customer may elect to make the EV Charging Infrastructure available for use by the general public. Customer shall not restrict access to use of the EV Charging Infrastructure for reasons including, but not limited to, race, color, religion, age, sex, national origin, ancestry, physical or mental disability, or any basis prohibited by applicable law.
11. APPLICABLE LAWS: Customer is solely responsible for ensuring that the EV Charging Infrastructure is installed and operated in compliance with all applicable local, state, and federal laws.
12. EV CHARGING PORT(S) OPERATION AND MAINTENANCE: Customer will pay all ongoing costs associated with the EV Charging Infrastructure. Customer shall maintain a consistent uptime for the EV Charging Port(s) installed. Customer shall maintain the common area immediately surrounding the EV Charging Infrastructure in good condition, ordinary wear and tear accepted, and will promptly notify PCEA of any problems it is aware of related to the EV Charging Infrastructure. Such maintenance by Customer of the immediately surrounding common areas shall include, but not be limited to, pavement maintenance. Customer shall promptly notify PCEA if Customer will no longer maintain the installed EV Charging Infrastructure and/or the installed EV Charging Infrastructure is being removed from Customer’s site. Uninterrupted service is not guaranteed, and Pacific Gas & Electric (PG&E) may interrupt service and access to the EV Charging Infrastructure when necessary to ensure safety or to perform maintenance as dictated by utility easement agreements and requirements.
13. PERMISSION TO USE DATA: For all EV Charging Infrastructure installed that are capable of collecting and reporting usage and utilization data, Site Owner agrees to allow PCEA and its authorized Contractors to access, collect, use, and report EV Charging Infrastructure usage and utilization data gathered as a part of the Program for use in regulatory reporting, ordinary business use, industry forums, case studies, or other similar activities, in accordance with applicable laws and regulations.
PCEA and its authorized Contractors shall have access to the EV Charging Infrastructure usage and utilization data indefinitely and in accordance with all applicable laws, including but not limited to PCEA privacy guidelines and relevant regulatory decisions.
14. DEMAND RESPONSE and LOAD SHAPING PROGRAMS: Customer agrees that PCEA may, at its discretion enroll all networked EV charging port(s) units installed under the Program in any future demand response, grid optimization, and/ or load shaping programs implemented by PCEA. Future load shaping program will, by design, not incur any additional costs or expenses to Customer. The load shaping program will aim to curtail energy usage for each charging port during a predefined period established by PCEA. These curtailments will be designed to minimally impact EV drivers that are charging during these times whenever possible. Customers will be provided an appropriate mechanism to opt-out before the program is implemented.
15. TAX LIABILITY and CREDITS: PCEA is not responsible for any taxes which may be imposed on Customer as a result of the rebates provided within the Program. Site Owners receiving incentives from either the Program and/or other regional organizations, including, but not limited to, the Bay Area Air Quality Management District, that have been facilitated through assistance from PCEA are required to designate their Low Carbon Fuel Standard (LCFS) credits to PCEA. Customer attests they are releasing their rights to report and claim credits in the LCFS and are designating credits in the LCFS to PCEA (FEIN 81-2708786) on an ongoing basis. Customer will inform third-party entities when necessary, including CARB, that the LCFS credits generated by their installed EVSE are designated to PCEA on an ongoing basis. Customer will provide the EVSE usage and electricity data to PCEA for LCFS reporting pursuant to CARB sections 95483.2(b)(8), 95491 and 95491.1.
Customer will provide PCEA with ongoing access to EV charging data through the use of a login to the online account and/or an application program interface (API), a dashboard with exportable data files, or other means to access the charging data.
11 V 3.14.25
16. DISPUTES: Except where otherwise limited by law, PCEA reserves the right, at its sole discretion, to make final determinations regarding any disputed issues about the Program, including but not limited to eligibility and rebate amounts. In the event of a dispute that cannot be remedied by the parties, any court filings and/or proceedings shall be venued in San Mateo County, California. PCEA shall in no case be responsible for the legal costs of Site Owner and/or Designated Applicant.
17. PROGRAM CHANGES: PCEA reserves the right to change, modify, or terminate the Program at any time without any liability except as expressly stated herein. PCEA will honor all written commitments made in the Funds Reservation Agreement provided to Customers prior to the date of any change, modification or termination of this program, provided that project installations are fully completed within the timeframe specified within the Program Requirements.
18. PROGRAM EXPIRATION: The Program will expire upon the earliest to occur: (i) when funds are depleted or (ii) when the program is terminated by PCEA.
19. INDEMNIFICATION: Applicant agrees to indemnify, defend, and hold PCEA, its employees, officers, and agents, harmless from any and all liabilities including, but not limited to, litigation costs and attorney's fees arising from any and all claims and losses to anyone who may be injured or damaged by reason of Customer's negligence, recklessness or willful misconduct while participating in the PCEA Program.
20. ACKNOWLEDGEMENTS: Customer shall acknowledge PCEA as a funding source of the installed EV Charging Infrastructure each time Customer’s activities related to the EV Charging Infrastructure are published in any news media, press release, brochures, or other type of public communication or promotional material. The acknowledgement of PCEA’s support as a funding source, whether in whole or in part, shall include language such as: “Funding for [Customer Site Name]’s charging station(s) provided by Peninsula Clean Energy.” If Customer is receiving funding from multiple organizations, Customer may use one statement conforming to the format listed above and include all organizations from which funding is received.
PCEA also reserves the right to install stickers, signage, or other advertisement mechanism on the EV charging port(s) funded or facilitated by PCEA.
21. CUSTOMER DISCLOSURE AUTHORIZATION: By signing the Funds Reservation Agreement, Applicant confirms they are the authorized representative for the electric account holder identified in the Funds Reservation Agreement and authorized PCEA to disclose Customer’s account status and participation in the PCEA Program. If Applicant is not the authorized representative for the electric account holder identified in the Funds Reservation Agreement, the Applicant certifies that they have submitted a Third Party Designated Applicant Assignment Form to verify that the Site Owner has delegated authority to the Applicant to represent the Site Owner and execute the Funds Reservation Agreement. 12 AGREEMENT BETWEEN THE PENINSULA CLEAN ENERGY AUTHORITY AND
EAST PALO ALTO FOR MEMBER AGENCY ENERGY GRANT PROGRAM
This Agreement is entered into this 31 day of March, 2025, by and between the Peninsula Clean Energy Authority, a joint powers authority of the state of California, hereinafter called “PCEA,” and East Palo Alto, hereinafter called “Grantee.” * * *
1. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference:
Exhibit A—Project Description
Exhibit B—Grant Distribution
2. Grant Process
In consideration of the payments set forth in this Agreement and in Exhibit B, Grantee shall implement the Project in accordance with the terms, conditions, and specifications set forth in this Agreement and in Exhibit A.
3. Grant Distribution
In consideration of the Project to be implemented by Grantee in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A, PCEA shall make a grant payment to Grantee in the manner specified in Exhibit B. PCEA reserves the right to withhold final grant payment if PCEA determines that the quantity or quality of the work performed by Grantee is unacceptable or does not meet the requirements of Exhibit B. In no event shall PCEA’s total fiscal obligation under this Agreement exceed two hundred and forty-three thousand, five hundred and sixty-three dollars ($243,563). In the event that the Project described by Exhibit A does not move forward or is terminated for any reason, Grantee agrees to return any unused grant funds associated with approved project.
4. Term
Subject to compliance with all terms and conditions, the term of this Agreement shall be from March 31, 2025, through March 31, 2027.
5. Relationship of Parties
13 Grantee agrees and understands that Grantee is not an employee of PCEA and that neither Grantee nor its employees acquire any of the rights, privileges, powers, or advantages of PCEA employees.
6. Hold Harmless
a. General Hold Harmless
Grantee shall indemnify and save harmless PCEA and its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description resulting from this Agreement, the performance of any work or services required of Grantee under this Agreement, or payments made pursuant to this Agreement brought for, or on account of, any of the following:
(A) injuries to or death of any person, including Grantee or its employees/officers/agents;
(B) damage to any property of any kind whatsoever and to whomsoever belonging; (C) any sanctions, penalties, or claims of damages resulting from Grantee’s failure to comply, if applicable, with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended; or
(D) any other loss or cost, including but not limited to that caused by the concurrent active or passive negligence of PCEA and/or its officers, agents, employees, or servants. However, Grantee’s duty to indemnify and save harmless under this Section shall not apply to injuries or damage for which PCEA has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct.
The duty of Grantee to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code.
7. Payment of Permits/Licenses
Grantee bears responsibility to obtain any license, permit, or approval required from any agency for work/services to be performed under this Agreement at Grantee’s own expense prior to commencement of said work/services. Failure to do so will result in forfeit of any right to compensation under this Agreement.
8. Insurance
PCEA shall not be responsible for the provision of any insurance policy on behalf of the Grantee.
14 The parties understand and agree that Grantee shall not commence work using the grant funds without insurance coverage appropriate to its specific project and as reviewed by Grantee’s own legal counsel and/or Risk Manager.
9. Compliance With Laws
The Project to be performed by Grantee pursuant to this Agreement shall be performed in accordance with all applicable Federal, State, County, and municipal laws, ordinances, and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Federal Regulations promulgated thereunder, as amended (if applicable), the Business Associate requirements set forth in Attachment H (if attached), the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in programs and activities receiving any Federal or County financial assistance. The Project shall also be performed in accordance with all applicable ordinances and regulations, including but not limited to appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and applicable quality assurance regulations. In the event of a conflict between the terms of this Agreement and any applicable State, Federal, County, or municipal law or regulation, the requirements of the applicable law or regulation will take precedence over the requirements set forth in this Agreement.
Grantee shall be timely and accurately complete, sign, and submit all necessary documentation of compliance.
10. Retention of Records; Right to Monitor and Audit
(a) Grantee shall maintain all required records relating to the Project under this Agreement for three (3) years after PCEA makes final payment and all other pending matters are closed, and Grantee shall be subject to the examination and/or audit by PCEA, a Federal grantor agency, and the State of California. (b) Grantee shall comply with all program and fiscal reporting requirements set forth by applicable Federal, State, and local agencies and as required by PCEA. (c) Grantee agrees upon reasonable notice to provide to PCEA, to any Federal or State department having monitoring or review authority, to PCEA’s authorized representative, and/or to any of their respective audit agencies access to and the right to examine all records and documents necessary to determine compliance with relevant Federal, State, and local statutes, rules, and regulations, to determine compliance with this Agreement, and to evaluate the quality, appropriateness, and timeliness of the Project work.
11. Merger Clause; Amendments
15 This Agreement, including the Exhibits and Attachments attached to this Agreement and incorporated by reference, constitutes the sole Agreement of the parties to this Agreement and correctly states the rights, duties, and obligations of each party as of this document’s date. In the event that any term, condition, provision, requirement, or specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the Agreement shall prevail.
Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications or amendments shall be in writing and signed by the parties.
12. Controlling Law; Venue
The validity of this Agreement and of its terms, the rights and duties of the parties under this Agreement, the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any nature arising out of this Agreement shall be governed by the laws of the State of California without regard to its choice of law or conflict of law rules.
Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California.
13. Notices
Any notice, request, demand, or other communication required or permitted under this Agreement shall be deemed to be properly given when both: (1) transmitted via facsimile to the telephone number listed below or transmitted via email to the email address listed below; and (2) sent to the physical address listed below by either being deposited in the United States mail, postage prepaid, or deposited for overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number showing confirmation of receipt.
In the case of PCEA, to:
Name/Title: Shawn Marshall, Chief Executive Officer
Address: 2075 Woodside Road, Redwood City, CA 94061
Telephone: 650-474-5002
Email: [email protected]
In the case of Grantee, to:
Name/Title:
Address:
Telephone:
Email:
16 14. Electronic Signature
PCEA and Grantee wish to permit this Agreement, and future documents executed pursuant to this Agreement, to be digitally signed in accordance with California law. Any party that agrees to allow digital signature of this Agreement may revoke such agreement at any time in relation to all future documents by providing notice pursuant to this Agreement.
15. No Recourse Against PCEA’s Member Agencies
Grantee acknowledges and agrees that PCEA is a Joint Powers Authority, which is a public agency separate and distinct from its member agencies. All debts, liabilities, or obligations undertaken by PCEA in connection with this Agreement are undertaken solely by PCEA and are not debts, liabilities, or obligations of its member agencies. Grantee waives any recourse against PCEA’s member agencies.
* * *
In agreement with this Agreement’s terms, the parties, by their duly authorized representatives, affix their respective signatures:
PENINSULA CLEAN ENERGY
AUTHORITY
__________________________________
Chief Executive Officer, Peninsula Clean
Energy Authority
Date:__________________________
EAST PALO ALTO
__________________________________
Title: ______________________________
Date: ________________________
17 Exhibit A
In consideration of the payments set forth in Exhibit B, Grantee shall execute the following project:
See attached proposal
18 Exhibit B
In consideration of the Project implemented by Grantee described in Exhibit A and subject to the terms of the Agreement, PCEA shall pay Grantee based on the following fee schedule and terms:
Eligible Project Expenses
Expenses funded under this agreement must be in alignment with PCEA’s mission and the goals of its Strategic Plan to decarbonize the service territory. Expense must be tangible infrastructure associated with electric power.
Examples of eligible projects:
1. Installation of EV charging infrastructure for fleet or public use
2. Building heat pump systems in government facilities
3. Incentive programs for electrifying landscape equipment, etc.
4. Installation of solar and storage systems
5. Upgrades to efficient street lights
Ineligible projects and costs:
1. Purchase of equipment using fossil fuels
2. Staff time associated with operations and other administrative costs
3. Indirect decarbonization education or general transportation infrastructure such as workshops and bike lanes
4. Production of reports or plans
Payments
1. First payment: $121,782. Upon execution of this contract
2. EV Charging payments: Funds for the EV charging project will be disbursed through the PCE EV Ready program. The EV Ready program will disburse funding through its standard process. This shall include the EV Ready standard rebate in addition to added funds from this Member Agency Energy Grant for the EV charging project up to the lesser sum of the following: a) total remaining eligible project costs (after standard rebate), or b) total remaining Member Agency Energy Grant allocation. The required application for the EV Ready program is located at the following link:
https://peninsulacleanenergy.formstack.com/forms/ev_charger_incentives_application
3. Final payment: Balance of funds ($243,563 less prior payments as listed in Sections 1-2 above). Within 45 days following receipt of project invoices for Eligible Project Expenses of $243,563 or more. Send materials to [email protected]. PCEA reserves the right to review the 19 submitted invoices and Grantee must respond to reasonable requests for clarifications on the information provided. PCEA reserves, at its sole discretion, the right to approve and/or reject project invoices from Grantee.
Payment Method
Grantee EFT/ACH details for transfers:
o [account name]
o [financial institution]
o [routing number]
o [account number]
o [account type]
20 DATE: March 14, 2025
MEETING DATE: March 27, 2025
VOTE REQUIRED: Majority Vote
TO: Honorable Peninsula Clean Energy Authority Board of Directors FROM: Jana Kopyciok-Lande, Associate Director of Innovation Strategy SUBJECT: Approval of an Agreement with the Law Firm of Keyes & Fox LLP for Distributed Energy Resource Management System (DERMS) legal support in an Amount Not-to-Exceed $60,000 with a term of March 3, 2025 to August 30, 2025 Item No. 2
PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence
RECOMMENDATION
Approval of a new agreement with the law firm Keyes & Fox LLP (Keyes & Fox) in an amount not-to-exceed (NTE) $60,000 with a term of March 3, 2025 to August 30, 2025 . This agreement will provide legal support for Phase 1 of PCE's DERMS project. Specifically, Keyes & Fox is required to provide commercial contract negotiations with the DERMS vendor selected pursuant to the Request for Proposals (RFP) issued by PCE in September 2024.[1] This agreement supplements two existing agreements with Keyes & Fox with separate scopes of work serving PCE’s Energy Programs and Regulatory departments. [1] See more details here.
BACKGROUND
Since 2016, Peninsula Clean Energy (PCE) has worked with Keyes & Fox LLP, a Bay Area law firm that specializes in energy-related matters and has experience in the CCA and utility industry. Keyes & Fox currently provides PCE with legal support related to our participation in various regulatory proceedings before the California Public Utilities Commission (CPUC) and the firm also provides specialty legal support for PCE's Local Government Solar Initiative (also called GovPV).
Presently, PCE has two active agreements with Keyes & Fox. One agreement is with PCE’s Regulatory team for regulatory proceeding and policy support with a not-to-exceed (NTE) amount of $95,000 and the second agreement is with PCE’s Energy Programs team for support on the Local Government Solar Initiative with an NTE amount of $165,000. Both agreements were authorized by the PCE Board in December 2023. Staff proposes a third legal services agreement in the amount of $60,000 with Keyes & Fox for time-sensitive legal services required for PCE to meet CPUC-dictated deadlines related to PCE's upcoming demand response (DR) and distributed energy resource (DER) initiatives. 21 DISCUSSION
PCE is proposing the creation of a third agreement with Keyes & Fox LLP to support the legal needs of PCE’s RFP for Customer Demand Flexibility Services which launched in September 2024. Under the RFP, PCE is procuring a DERMS platform which will be the core software to manage PCE’s future virtual power plant (VPP) within its DER strategy. The Programs Subcommittee discussed the DERMS platform and RFP for Demand Flexibility Services during its meeting on January 8, 2025.
PCE staff has tentatively selected a vendor under the RFP and is now seeking legal support from Keyes & Fox to support commercial contract negotiations with the DERMS vendor. PCE is working under a condensed timeline in its contract negotiations for the DERMS platform due to CPUC-dictated regulatory deadlines. To successfully launch its PCE Solar + Battery Savings Program[2] and access incentives under the statewide Self-Generation Incentive Program (SGIP), PCE must offer a “Qualified Demand Response” program per the requirements of the CPUC. This Qualified DR Program relies on the DERMS platform to manage, control, and dispatch the resources under the program. The new PCE Qualified DR Program must launch, and the DERMS platform must be available, no later than June 2025 to enable energy storage resources under the PCE Solar + Battery Savings Program to access SGIP incentives.
To meet these regulatory deadlines, PCE staff plans to bring the DERMS contract to the PCE Board for approval at its May 2025 Board meeting. Due to the short timeline for contract negotiations, PCE staff began engagement with Keyes & Fox on the DERMS contract negotiations in early March and is requesting that the Board approve a new agreement with Keyes & Fox, including the extension of funding, with a retroactive start date of March 3, 2025.
Going forward, staff and General Counsel plan to bring a comprehensive external legal services agreement with Keyes & Fox LLP to the Board in April or May 2025 that will streamline the provision of external legal support for PCE's specialized energy and regulatory needs for the next year. In 2026, staff will launch a new RFP for regulatory and energy program legal services. In the interim, this short term bridge agreement with Keyes & Fox is required for staff to meet the CPUC's requirements for DERMS implementation. [2] See more details here
FISCAL IMPACT
$60,000 for supplemental agreement with Keyes & Fox LLP (DERMS contract) ATTACHMENTS:
KF-PCE_InnovationStrategy_EngagementLetter_03212025.pdf 22 RESOLUTION NO. _____________
PENINSULA CLEAN ENERGY AUTHORITY, COUNTY OF SAN MATEO, STATE OF
CALIFORNIA
APPROVAL OF AN AGREEMENT WITH THE LAW FIRM OF KEYES & FOX LLP FOR
DISTRIBUTED ENERGY RESOURCE MANAGEMENT SYSTEM (DERMS) LEGAL SUPPORT IN AN AMOUNT NOT-TO-EXCEED $60,000 WITH A TERM OF MARCH 3, 2025 TO AUGUST 30, 2025
RESOLVED, by the Peninsula Clean Energy Authority of the County of San Mateo, and the City of Los Banos, State of California (“Peninsula Clean Energy” or “PCE”), that WHEREAS, PCE is seeking legal counsel and commercial transaction subject matter assistance from Keyes and Fox LLP to negotiate and draft a contract for a Distributed Energy Resource Management System (DERMS) platform; and
WHEREAS, PCE Solar + Battery Savings Program related regulatory deadlines require that PCE must make the DERMS platform available by June 2025; WHEREAS, PCE has two active agreements with Keyes and Fox LLP for regulatory support and the Local Government Solar Initiative;
WHEREAS, PCE requires specialized legal services from Keyes and Fox in an amount not to exceed $60,000 for the DERMS platform negotiation;
NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the Board approves a new agreement with the law firm of Keyes and Fox LLP in an amount not to exceed $60,000 beginning on March 3, 2025 and running through August 30, 2025. 23 1
March 27, 2025
Shawn Marshall
Chief Executive Officer
Peninsula Clean Energy Authority
2075 Woodside Rd.
Redwood City, CA 94061
Re: Engagement Letter – Peninsula Clean Energy Authority – Distributed Energy Resource Management Software
Dear Ms. Marshall,
We are pleased Peninsula Clean Energy Authority (“PCE”) has decided to continue to retain Keyes & Fox LLP (“Keyes & Fox”) to represent PCE in supporting the legal needs of PCE’s new Distributed Energy Resources Management System (“DERMS”). The services will cover any legal counsel needs that arise from drafting and negotiating agreements with potential DERMS vendors and other legal issues we both mutually agree to undertake (referred to collectively herein as “Legal Services”). We thank you for this opportunity to work on your behalf.
This letter describes the basis of the attorney-client relationship between Keyes & Fox and PCE, along with an explanation of how Keyes & Fox will bill for its Legal Services. We believe that it is beneficial to the attorney-client relationship to develop a clear understanding of our billing and engagement policies upfront. The billing between Keyes & Fox and PCE under this agreement will begin as of March 3, 2025 as PCE is working under a condensed timeline in the contracting for a DERMS platform. To successfully launch its PCE Solar + Battery Savings Program and access incentives under the statewide Self-Generation Incentive Program (SGIP), PCE must offer a so called “Qualified Demand Response (DR)” per the requirements of the California Public Utilities Commission (CPUC). This Qualified DR Program relies on the DERMS platform to manage, control and dispatch the resources under the program. The new PCE Qualified DR Program must launch, and the DERMS platform must be available, no later than June 2025 to enable energy storage resources under the PCE Solar + Battery Savings Program to access SGIP incentives. Hence, PCE staff is working towards bringing the DERMS contract to the PCE Board during the May 2025 Board meeting which required the legal assistance by Keyes & Fox starting in the beginning of March.
1. Scope of Keyes & Fox’s Representation
Pursuant to this engagement letter, Keyes & Fox agrees to represent PCE as its client with regard to the Legal Services described above. Keyes & Fox will do its utmost to serve PCE effectively, provide Legal Services in an efficient manner, and respond promptly to PCE’s inquiries. 24 2
We have run a conflict check as it relates to the proposed Legal Services, and we have not found any direct conflicts with undertaking them. If a conflict arises that may impact our ability to provide PCE with effective representation, we will promptly bring that conflict to PCE’s attention. If you are concerned about any relationship we might have with particular companies, organizations or individuals, please bring those concerns to our attention.
Keyes & Fox will coordinate its projects with Jana Kopyciok-Lande, as the designated representative of PCE, or with whomever Ms. Kopyciok-Lande may specifically delegate that authority. Subject to the limitation(s) contained in Section 3(a), infra, we understand that Ms.
Kopyciok-Lande has the authority to make all decisions on behalf of PCE in connection with the Legal Services proposed, and we are relying on that understanding.
2. Confidentiality
Generally, it is in PCE’s interest to preserve confidentiality of all communications with Keyes & Fox. If PCE discloses any of our communications, it jeopardizes the privileged nature of the communications, so we believe it is advisable that PCE take care not to disclose privileged information to third parties.
3. Fees, Expenses and Invoicing
By signing this engagement letter, PCE agrees to pay Keyes & Fox for time and out-of-pocket expenses according to the terms set forth below.
a. Professional fees
Keyes & Fox will keep an hourly total of any time spent on PCE’s matters. Work will be performed at hourly rates according to the rates set forth in Attachment A to this engagement letter, which is incorporated by reference herein.
It is Keyes & Fox’s policy to adjust hourly rates for all attorneys and staff at the beginning of the calendar year. Historically, rate increases have been between 5-8% per year. Rates quoted in Attachment A are 2025 rates. Our firm’s practice is to charge for travel time, as discussed in Attachment A.
Sheridan Pauker and Kevin Fox will be the lead Keyes & Fox attorneys working with PCE in connection with the proposed Legal Services. Ms. Pauker and Mr. Fox may utilize the services of other Keyes & Fox attorneys and non-attorney professionals in connection with this matter.
By agreeing to this engagement letter, PCE consents in writing to Ms. Pauker and Mr. Fox serving as the lead attorney in this matter and to Ms. Pauker and Mr. Fox’s assignment of work on this matter to any of the other Keyes & Fox team members listed in Attachment A.
Of Counsel attorneys identified in the Rates for Attorneys provided in Attachment A are neither partners nor associates of Keyes & Fox. A portion of any legal fees billed by Keyes & Fox may 25 3
be divided and paid to them. By agreeing to this engagement letter, you consent in writing to a division of fees with the firm’s Of Counsel attorneys.
This letter authorizes payment of fees of up to sixty thousand dollars ($60,000) in connection with the Legal Services through August 30, 2025. Unless otherwise agreed to in writing, PCE will not be obligated for fees in excess of this amount. b. Expenses
Expenses may be incurred in performing legal services as part of your engagement. You agree that PCE will pay for all costs, disbursements, and expenses in addition to our hourly fees. Costs and expenses include messenger and other delivery fees, copying and reproduction costs, costs for travel including mileage and parking, computerized legal research, and other similar expenses. Expenses will be billed at actual cost.
c. Invoices and payments
We invoice our clients monthly. Our invoices are due and payable within 15 days, unless other arrangements have been agreed to in writing in advance. Typically, invoices will list the matter worked on and provide information on the dates of service, time involved, Keyes & Fox team member responsible and activity undertaken. We will use our best efforts to respond to requests for special invoice formats. Any unpaid amounts after sixty (60) days will accrue interest at a rate of five percent (5%) per annum, provided that Keyes & Fox shall give PCE notice of Keyes & Fox’s intent to charge such interest thirty (30) days before any accrual begins.
4. Termination of Keyes & Fox’s Representation
Either PCE or Keyes & Fox may terminate Keyes & Fox’s representation of PCE at any time and for any reason. At the time Keyes & Fox’s representation of PCE concludes, all unpaid fees and costs for Keyes & Fox’s Legal Services become due and payable. If at that time, PCE does not request the return of its file, Keyes & Fox will retain PCE’s file for a period of three (3) years, after which Keyes & Fox may have the file destroyed.
5. Miscellaneous
This letter is the entire agreement between PCE and Keyes & Fox concerning the provision of Legal Services. This agreement and the scope of Legal Services provided under it may be amended from time to time by mutual agreement. California law will govern this agreement and any subsequent amendments.
Nothing in this agreement should be construed as a promise or guarantee about the outcome of any matter which Keyes & Fox is handling on PCE’s behalf. Our comments about the outcome of PCE’s matters are expressions of opinion only. If Keyes & Fox should provide PCE with an estimate of the fees and costs which may be incurred in connection with our representation of PCE, it is important that PCE understand and acknowledge that any such estimate is merely an 26 4
estimate based on numerous assumptions, which may or may not prove to be correct and that any estimate is not a guarantee or agreement of what the maximum amount of fees and/or costs will be.
Generally, Keyes & Fox does not update our clients about changed circumstances or changes in the law after our work on a matter is completed. Please let Mr. Lindl know if PCE wants Keyes & Fox to assume this responsibility so that appropriate arrangements can be made.
6. Conclusion
If the terms of Keyes & Fox’s representation of PCE as explained in this letter are satisfactory, please execute a copy of this letter as indicated and return it to me. Please feel free to contact me if you have any questions or concerns.
We look forward to working with you.
Sincerely,
Tim Lindl, Partner
Keyes & Fox LLP
27 5
By signing this letter, PCE affirms that it understands and agrees to the terms set forth in this letter. This agreement will not take effect, and Keyes & Fox will have no obligation to provide Legal Services, until PCE returns a signed copy of this letter.
I have read the foregoing letter, understand it and agree to it on behalf of PCE.
By:_______________________________________
Shawn Marshall, Chief Executive Officer
Peninsula Clean Energy Authority
Date: _________________
28 6
Attachment A: Keyes & Fox LLP 2025 Hourly Rate Sheet
Attorneys
Kevin Fox
Tim Lindl
$640
$490
Jake Schlesinger $440
Sheridan Pauker $505
Nikhil Vijaykar $425
Julia Kantor $410
Theresa Cho $615
Alexandra Haggarty $400
EQ Research, LLC Analysts and Experts (Non-Keyes & Fox LLP Personnel) Miriam Makhyoun $260
Justin Barnes $240
Jason Hoyle $190
Riana Ackley $150
Heather DePouw $150
Alicia Zaloga $160
Corey Cochran $120
Rob Campbell $120
Travel Policy: Unless special arrangements are made, travel time is billed at the full hourly rate. Every effort will made to work productively on PCE matters during travel. If work is performed for another client during travel, PCE will not be billed for that time. All reasonable travel expenses are billable – hotel, airfare, car rental, meals, taxi, public transit, etc.
Work Policy: Reasonable time for filing and service is billed at regular billable rates.
Miscellaneous Expenses Policy: Expenses for postage, photocopying, printing, faxing and other minor expenses directly related to a matter are billable at cost to PCE. 29 DATE: March 21, 2025
MEETING DATE: March 27, 2025
VOTE REQUIRED: Majority Vote
TO: Honorable Peninsula Clean Energy Authority Board of Directors FROM: Brianna Arroyo, Interim Board Clerk
SUBJECT: Approval of Minutes from the February 27, 2025 Board of Directors Meeting Item No. 3
PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence
RECOMMENDATION
Approval of Minutes from the February 27, 2025 Board of Directors Meeting
BACKGROUND
Approval of Minutes from the February 27, 2025 Board of Directors Meeting ATTACHMENTS:
02-27-25 Minutes.pdf
30 Special Meeting of the Board of Directors of the
Peninsula Clean Energy Authority (PCEA)
Minutes
Thursday, February 27, 2025
7:00 p.m.
Zoom Video Conference and Teleconference
CALL TO ORDER
Meeting was called to order at 7:08 p.m. in virtual teleconference, in the Peninsula Clean Energy Authority lobby and in the Los Banos City Hall conference room A.
SWEARING IN OF NEW BOARD MEMBER
David Silberman, Assistant County Attorney, presided over a swearing-in ceremony for new Board Members and Alternates:
Jackie Speier, San Mateo County
Desiree Thayer, Burlingame, Alternate
Suzy Niederhofer, Foster City, Alternate
Patrick Bo Jonsson, Half Moon Bay
Michael Amabile, Los Banos
Greg Wright, Pacifica, Alternate
Hassan Aburish, Woodside
ROLL CALL
Participating:
Jackie Speier, San Mateo County, participating remotely via AB 2449 Rick DeGolia, Atherton
Tom McCune, Belmont
Coleen Mackin, Brisbane
Desiree Thayer, Burlingame
Ken Gonzalez, Colma
Roderick Daus-Magbual, Daly City
Carlos Romero, East Palo Alto
Suzy Niederhofer, Foster City
Patrick Bo Jonsson, Half Moon Bay
Leslie Ragsdale, Hillsborough
Michael Amabile, Los Banos, participating from Los Banos Betsy Nash, Menlo Park
Anders Fung, Millbrae
Christine Boles, Pacifica
Craig Taylor, Portola Valley
Marty Medina, San Bruno, Vice Chair
John Dugan, San Carlos
Adam Loraine, San Mateo
James Coleman, South San Francisco
Hassan Aburish, Woodside
31 Absent:
Lisa Gauthier, San Mateo County
Elmer Martinez Saballos, Redwood City
A quorum was established.
PUBLIC COMMENT: None
ACTION TO SET THE AGENDA AND APPROVE REMAINING CONSENT AGENDA ITEMS Public Comment: None
MOTION: Director Coleman moved, seconded by Director Taylor to set the Agenda, and approve Agenda Item Numbers 1-4.
1. Approval of the Joint Powers Authority Agreement Weighted Voting Shares Allocation
2. Approval of Three EV Ready Program Fund Reservation Agreements, Providing Approximately $560,000 in Customer Incentives
3. Approval of 2025 Legislative / Regulatory Policy Platform
4. Approval of Minutes from the January 23, 2025 Board of Directors Meeting MOTION PASSED: 21-0 (Absent: San Mateo County, Redwood City)
JURISDICTION BOARD MEMBER YES NO ABSTAIN ABSENT
San Mateo County Director Gauthier X
San Mateo County Director Speier X
Atherton Director DeGolia X
Belmont Director McCune X
Brisbane Director Mackin X
Burlingame Director Thayer X
Colma Director Gonzalez X
Daly City Director Daus-Magbual X
East Palo Alto Director Romero X
Foster City Director Niederhofer X
Half Moon Bay Director Bo Jonsson X
Hillsborough Director Ragsdale X
Los Banos Director Amabile X
Menlo Park Director Nash X
Millbrae Director Fung X
Pacifica Director Boles X
Portola Valley Director Taylor X
Redwood City Director Martinez Saballos X
San Bruno Director Medina X
San Carlos Director Dugan X
San Mateo Director Loraine X
32 South San Francisco Director Coleman X
Woodside Director Aburish X
Total 21 2
REGULAR AGENDA
5. Chair Report
Marty Medina, Vice Chair, gave a brief Chair Report including reporting an ad-hoc committee for the Chair and Vice Chair Nominating Committee consisting of Director DeGolia, Director Mackin, and Director Taylor.
6. CEO Report
Shawn Marshall, Chief Executive Officer, gave a brief CEO Report including a legislative update from Marc Hershman, Director of Government Affairs, and a Call Center FAQ from Leslie Brown, Director of Account Services.
Public Comment: Rick Bonilla
7. Community Advisory Committee Report
Jason Mendelson, Community Advisory Committee (CAC) Chair, gave an overview of the February 13, 2025 meeting.
8. Approval of Solar+Storage for Public Buildings ("Gov PV") Program Contract Amendment with McMillan Electric to Increase The Not-To-Exceed Contract Limit By $7 Million for a Total of $30 Million for New Battery and EV Charging Systems at Public Facilities Peter Levitt, Senior Programs Manager of Distributed Energy Resources, gave a presentation on the Amendment with McMillan Electric for the Solar+Storage for Public Buildings Program Contract.
Public Comment: Rick Bonilla
MOTION: Director Romero moved, seconded by Director Taylor to Delegate authority to the Chief Executive Officer to finalize and execute, in a form approved by the General Counsel, the amended agreement with McMillan Electric adding battery storage installations and EV charging at current and future solar sites, increasing the contract by $7,000,000 for a total not to exceed amount of $30,000,000; and to execute the associated Power Purchase Agreement (PPA) amendments, in forms approved by the General Counsel, for the deployment of solar, battery, and EV charging systems, after a required review by General Counsel to look and confirm that approving it without a subsequent RFP is consistent with the law.
MOTION PASSED: 21-0 (Absent: San Mateo County, Redwood City)
JURISDICTION BOARD MEMBER YES NO ABSTAIN ABSENT
San Mateo County Director Gauthier X
San Mateo County Director Speier X
Atherton Director DeGolia X
33 Belmont Director McCune X
Brisbane Director Mackin X
Burlingame Director Thayer X
Colma Director Gonzalez X
Daly City Director Daus-Magbual X
East Palo Alto Director Romero X
Foster City Director Niederhofer X
Half Moon Bay Director Bo Jonsson X
Hillsborough Director Ragsdale X
Los Banos Director Amabile X
Menlo Park Director Nash X
Millbrae Director Fung X
Pacifica Director Boles X
Portola Valley Director Taylor X
Redwood City Director Martinez Saballos X
San Bruno Director Medina X
San Carlos Director Dugan X
San Mateo Director Loraine X
South San Francisco Director Coleman X
Woodside Director Aburish X
Total 21 2
9. Board Members’ Reports
Director Coleman noted a grant from Peninsula Clean Energy for lighting.
Director Daus-Magbual noted a battery storage plant was approved by the Daly City Council.
Director Ragsdale thanked PCE Staff for the FAQ on batteries.
ADJOURNMENT
Meeting was adjourned at 8:45 p.m.
34 DATE: March 24, 2025
MEETING DATE: March 27, 2025
VOTE REQUIRED: None
TO: Honorable Peninsula Clean Energy Authority Board of Directors FROM: Shawn Marshall, Chief Executive Officer
SUBJECT: CEO Report (Discussion)
Item No. 5
PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence
BACKGROUND
This report is provided monthly to the Board of Directors and is informational only.
DISCUSSION
During the Board meeting, CEO Shawn Marshall will provide an update on a variety of PCE topics, including but not limited to: CA Legislative update, FY 2025-26 budget process, and sign ups for CEO office hours.
New CEO Office Hours
In addition to the regular office hours on Friday mornings, we will have additional office hours the morning of our Board meetings. Board members are invited to meet with Shawn and staff to discuss any items on the evening's agenda. This is an opportunity to ask questions and provide feedback prior to the meeting.
PCE In the Community
We are entering a busy season for Earth Day and other community events. If you would like to join staff at PCE's booth for a particular event, please reach out to Lilly Meek, [email protected] on our team. It's always a good time! March 30 Climate & Sustainability Committee
Presentation on Electrification, Woodside
April 2
Electricity Career Panel at Skyline College, San
Mateo County
April 12 Earth Day, Foster City
April 12 4th Annual Egg Hunt, Los Banos
April 16 Canada College Earth Fest, Redwood City
35 April 22 College of San Mateo Earth Fest, San Mateo
April 22 Earth Day Resource Day, Half Moon Bay
April 23 Skyline College Earth Fest, San Bruno
April 23 Gilead Earth Day, Foster City
April 24 Panel Careers for a Sustainable World, Virtual April 26 Earth Day of Action and Pelican Fest, Pacifica April 26 Love Our Earth Festival, Menlo Park
April 27 Eco Fest, Millbrae
April 27 Earth Day, Atherton
April 28 Ribbon Cutting, Los Banos
PCE Staffing Update
PCE's annual internship program will host 4 undergraduate/graduate students this summer.
Please feel free to share these opportunities with college-level energy, data analyst, and environmental enthusiasts!
Account Services
Programs / Municipal Electrification
Marketing / Community Research
Power Resources
36 DATE: March 21, 2025
MEETING DATE: March 27, 2025
VOTE REQUIRED: Majority Vote
TO: Honorable Peninsula Clean Energy Authority Board of Directors FROM: Director DeGolia, Director Mackin, Director Taylor, Nominating Committee SUBJECT: Selection of Board of Directors Chair and Vice Chair (Action) Item No. 7
PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence
RECOMMENDATION
Nominations for Peninsula Clean Energy's Board of Directors Chair and Vice Chair.
DISCUSSION
Honorable Colleagues,
The nominating committee, appointed by the Board, solicited nominations and expressions of interest from Board members who may be interested in being considered by the nominating committee for the positions of Chair and Vice Chair. We received expressions of interested only from current Chair Donna Colson and current Vice Chair Marty Medina. We are pleased to nominate Directors Donna Colson for Board Chair and Marty Medina for Vice Chair.
Director Colson has been deeply involved with PCE since its inception, serving on the Executive Committee, leading the Audit and Finance Committee, and chairing the Board for the past year. She has participated in many conversations with PCE’s Auditors and Investment Managers, as well as energy suppliers. She has spent the past year as Chair and the prior three years as Vice Chair of the Board and we are honored to recommend her to continue as Chair of the Board.
Director Medina has been involved with PCE for several years. He currently serves on the Executive Committee and as Vice Chair of the Board and has participated in many community conversations; in particular, he has been very helpful in building PCE’s relationships with local labor organizations. Marty is excited to continue his service to PCE and we are honored to recommend him to continue as Vice Chair of the Board.
We thank everyone who discussed this nomination process with us and we encourage all of you to continue to learn about PCE’s work and mission. We are honored to recommend Director Colson and Director Medina to serve in the capacities of Chair and Vice Chair, respectively.
37 Nominating Committee:
Rick DeGolia, Atherton
Coleen Mackin, Brisbane
Craig Taylor, Portola Valley
38 DATE: March 24, 2025
MEETING DATE: March 27, 2025
VOTE REQUIRED: None
TO: Honorable Peninsula Clean Energy Authority Board of Directors FROM: Nick Bijur, Chief Financial Officer, Roy Xu, Senior Director Power Resources, and Justin Kudo, Associate Director, Strategic Analysis & Rates SUBJECT: Study Sessions: 1. PCE Energy 101 and 2. Managing Volatility of Cost of Energy and the Power Charge Indifference Adjustment (PCIA) (Discussion) Item No. 9
PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence
RECOMMENDATION
This is a discussion item only.
BACKGROUND
Roy Xu, Senior Director of Power Resources, will lead study session one with an overview of energy in California and PCE's energy procurement practices and requirements. This will be followed by study session two presented by Nick Bijur, Chief Financial Officer, Roy Xu, Senior Director of Power Resources, and Justin Kudo, Associate Director of Rates and Strategic Analysis, who will provide an overview of the volatility associated with the procurement of electricity and the Power Charge Indifference Adjustment (PCIA). 39 DATE: March 17, 2025
MEETING DATE: March 27, 2025
VOTE REQUIRED: None
TO: Honorable Peninsula Clean Energy Authority Board of Directors FROM: Leslie Brown, Director of Account Services
SUBJECT: Account Services Quarterly Update
Item No. 11
PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence
BACKGROUND
The purpose of the Account Services team is to provide customer billing support through direct customer interaction, as well as oversee the various processes related to the management of PCE’s customer data. This includes relationships with our back-office data manager, Calpine Energy Solutions, and PG&E.
DISCUSSION
PCE Rate Changes
Rates Effective February 10, 2025
Following PG&E’s January 1, 2025 rate decrease, we have lowered our rates as well. We now offer customers at least a 10% discount on their generation rates, up to 30% for some territories and rate classes.
Enrollment Statistics
Peninsula Clean Energy’s participation rate is currently 96.8%. (See Attached Table)
Customer Savings
Customers have saved $43,596,220 on their bills alone in Calendar Year 2024 just by being PCE customers! The increased savings this year resulted from our 10% discount following our rate freeze last January, which lasted through July, 2024. Beginning August 1, 2024, customers returned to a 5% discount from PG&E. Since PCE started service, customers have now saved over $187M!
Key Accounts Engagement
40 In preparation for PCE's Energy Efficiency Application with the CPUC, Strategic Accounts Manager Justin Pine and Programs Manager Shelby Bush held several hour-long feedback sessions with key account customers to assess the commercial sector's readiness and interest in energy efficiency measures. Customers interviewed spanned prominent markets in PCE service territory, including large tech, life sciences, real estate investment trusts, and healthcare. Both PCE staff and customers alike found these meetings to be insightful, and we look forward to engaging our key accounts throughout the application process.
Collection Efforts
Since our last quarterly update we’ve collected an additional $3,000, bringing the total to just over $23,000 collected through our pre-collections process since July 2024. In February we sent just over 2,200 accounts to our collections agency, Optio Solutions, for a collectible sum of just under $800,000. These accounts had already been contacted with a pre-collections letter, and did not respond to make payment. CARE and FERA customers remain in the pre-collections process, and are not sent to collections.
Solar Customer Annual Cash Outs
The 2025 annual NEM cash out will be processed this upcoming April, and the early estimate is that just over 9,500 customers will receive a cash out and just over $2.7 million will be dispersed in total. This year will be the first with the $10,000 cash out cap in effect, and as of now it will affect 12 customers. The first Solar Billing Plan cash out will also take place this April, and it will be PCE’s first cash out on the Net Surplus Compensation structure (NSC).
Annual cash-outs are processed after the April billing cycle is completed with payments typically distributed to eligible customers throughout May. Final cash out metrics will be reported in the next quarterly report.
Budget Billing
About 7,000 PCE customers are already enrolled in Budget Billing with PG&E. If we implement this program, it could allow our customers who are already enrolled in PG&E’s Budget Billing program to also have their PCE charges smoothed out to mitigate seasonal swings in usage.
Customers participating in this program would experience more balanced bills, particularly avoiding the winter and summer peaks in San Mateo. Los Banos customers will see a more significant balancing effect during the summer months. (See Attached Budget Billing Projections)
Staff is planning to bring a proposal to the Board in April for consideration to move forward with implementing a Budget Billing program to mirror PG&E’s offering.
Arrearage Management Program (AMP) Outreach
Staff conducted an outreach campaign in January to customers eligible for the Arrearage Management Program (AMP). This CPUC-funded program provides up to $8,000 in debt forgiveness to qualified customers with over $500 in unpaid balance on their PG&E account.
Through our outreach, 225 of our customers have successfully enrolled in the program. We plan to continue to regularly conduct outreach campaigns for this program on a quarterly basis.
41 Customer Communications Review
Staff have been working on reviewing and updating many of our frequently-utilized outbound customer communications related to billing. Notably, we have removed our residential and commercial opt-out fees and have updated our materials to reflect this decision. We have also revised the language displayed on our solar compensation checks to encourage homeowners to consider electrification measures in their home. Lastly, we have updated our late payment notice letters to inform customers of bill assistance programs that they may be eligible for.
Contact Center for In-House Service
In its first few months of operation, our new in-house contact center has achieved significant milestones, demonstrating a strong commitment to delivering exceptional customer support.
All three Customer Success Advisors (CSAs) have been doing a great job addressing customers' needs, educating them on Peninsula Clean Energy, and highlighting the benefits of being our customers. They consistently demonstrate a customer-first mindset and go the extra mile to ensure our customers are happy.
Since going live, the CSAs have answered 1,241 calls between December 10, 2024 - February 28, 2025. In addition to calls, they actively engage with customers via email, having responded to over 1,000 messages within their first three months.
Contact Center Stats for December 2024 - February 2025 (see attached) The CSAs have handled several calls where customers noticed PCE on their bill and called not to opt out, but rather to learn more about PCE and its benefits. During these interactions, the CSAs effectively educated customers about PCE and our programs. Additionally, the team has received calls from customers looking to enroll in PCE before moving to their new home and inquiries about available rebates ahead of home remodeling projects.
Over the past three months, we successfully re-enrolled nine customers. These customers proactively reached out to rejoin after being inactive as PCE customers for over 12 months.
The team will soon begin training to become in-house EV Advisors, further expanding their expertise and service capabilities.
ATTACHMENTS:
Customer Participation Q3 Report.docx
Budget Billing Projections.docx
Contact Center Stats Q3 Report.docx
42 Customer Participation
43 San Mateo County Budget Billing Projections
City of Los Banos Budget Billing Projections
44 Contact Center Stats for December 10, 2024-February 28, 2025 45 DATE: March 14, 2025
MEETING DATE: March 27, 2025
VOTE REQUIRED: None
TO: Honorable Peninsula Clean Energy Authority Board of Directors FROM: Kim Le, Director of Data and Technology
SUBJECT: Data and Technology Quarterly Report
Item No. 12
PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence
BACKGROUND
Data and Technology at Peninsula Clean Energy is made up of two teams, each playing a crucial role in the organization’s operations. The Data team is responsible for managing large volumes of data from various sources, such as customer load usage and energy market data, and ensuring accuracy and accessibility for analysis, reporting, and decision-making. The IT team oversees the management of our software and hardware systems and ensures the smooth operation of our technology infrastructure and platforms.
DISCUSSION
This report provides a high-level overview of the Data and IT team accomplishments from the past quarter, reflecting PCE’s continued commitment to enhancing data management, strengthening technological infrastructure, and improving operational efficiency.
THE DATA TEAM
The Data Team has made significant progress in several key projects over the past quarter, contributing to the continued advancement of PCE’s data infrastructure and operational efficiency.
Key accomplishment include:
Programs Projects - Several integrations were completed, such as combining data from multiple reports into customized views for our tax assessor property data source and expanding solar site data integration for GovPV billing calculations. The Max Demand Tool was updated to handle large input files more effectively, while the EV Funnel Analysis was enhanced by standardizing DMV data from multiple years. The EV Detection Model 2.0 was reworked to run dynamically, allowing for monthly data refreshes and identification of potential new EV owners.
Marketing Projects - The team has automated data transfer processes for Blastpoint, 46 streamlining daily custom reports, logging and monitoring. Additionally, provided support for ActiveCampaign and GovDelivery email campaign analysis.
Account Services Projects - We enhanced the underlying logic of the DAC-GT processing tool by optimizing key components for greater efficiency and performance. Minor improvements were made on the Top 200 strategic accounts dashboard on key metrics.
Power Resources Projects - The CAISO OASIS dataset received an overhaul with additional columns and refined submission logic, which improved the data completeness and reliability.
In addition, we worked closely with the Power Resources team to add data report transformations from our scheduling coordinator, standardizing the processes to align with our current cloud workflows.
Data Team Internal Projects - The Data Team focused on optimizing cloud workflows by centralizing jobs, reducing redundant processes, and eliminating outdated datasets. These efforts not only improved operational efficiency but also helped monitor and control cloud resource usage, ensuring cost-effective and sustainable data management. The team implemented detailed cost tracking and alerting mechanisms to avoid unnecessary expenditure on cloud resources.
THE IT TEAM
The IT Team has made substantial progress this quarter, focusing on strengthening security, improving device management, and enhancing internal IT operations.
Key accomplishment include:
Transition to Internal IT Support - The IT team successfully concluded the transition to fully internal IT operations, wrapping up the final tasks to close out the partnership with our Managed Service Provider for IT support. This was a huge lift to bring the numerous software and platforms completely in-house.
Expanding Internal Ticketing System - We have continued to support internal teams adopting our ticketing system to track customer requests and issues across departments, while also expanding the connected internal knowledge base to improve efficiency and collaboration.
Cybersecurity and Training Enhancements - The team updated the security phishing training program to include a new suite of campaigns for 2025 and implemented annual staff training to ensure continued awareness and protection against cyber threats. We began implementation with a cybersecurity platform that provides enhanced security monitoring to detect and respond to cyber threats, and working on significantly improving our security posture.
Device and User Management Platforms - New org-wide system platforms were introduced to enhance visibility and control over device and user management. Additionally, a new anti-virus software was implemented to strengthen our endpoint security, and the team reviewed device compliance group policies to ensure better alignment with security standards.
Hardware and Office Upgrades - The team conducted a major upgrade to the ZoomRoom conference computers to ensure better uptime and more reliable connections during critical 47 meetings, and created a playbook of solutions to improve meeting efficiency and minimize technical disruptions. To improve connectivity reliability, the IT team created a secondary failover for the office VPN, ensuring uninterrupted service in the event of primary internet service disruptions.
48 DATE: March 6, 2025
MEETING DATE: March 27, 2025
VOTE REQUIRED: None
TO: Honorable Peninsula Clean Energy Authority Board of Directors FROM: Marc Hershman
SUBJECT: Legislative Activities Update
Item No. 13
PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence
RECOMMENDATION
Informational Report
BACKGROUND
Sacramento Summary – the 2025-26 Legislative Session
February 21 was the deadline to introduce bills in Sacramento for consideration during this first year of the legislative session. As of the deadline, a total of 2,278 bills had been introduced.
Only 11 of those legislative initiatives had bipartisan lead authorship. Another 41 had bipartisan co-authors or principal co-authors.
871 of the bills introduced this year (37%) fit into the category of intent or spot bills. These placeholder bills must be amended with more substantive language before they can be heard in the Legislature’s policy committees. The Assembly deadline to amend placeholder legislation is March 17. Senators have until March 26 to provide additional language.
Looking ahead, the deadline for policy committees in the first house (the house of the Legislature where the bill was introduced) to meet and hear bills with a fiscal impact is May 2.
The deadline for bills that do not have a fiscal component is May 9. Many bills are referred to more than one committee for a hearing. However, the number of committee referrals does not change these deadlines.
DISCUSSION
Legislation of Interest
In December, affordability was anticipated to be the major driver for energy-related legislation and budget items during this session. However, much has changed in the intervening months.
Responses to wildfires in Southern California and to the new Administration in Washington 49 have become a key focus of the Governor and many state Legislators.
There has also been a significant increase in the number of energy bills introduced in 2025 as compared to prior years. Please refer to the attached Bill Matrix for a compendium of some of the legislation being followed closely by Peninsula Clean Energy and CalCCA. This is not a complete list of the bills we are following, more than 100 bills of interest have been introduced.
Many of those bills not included on this list are spot bills or bills that have not yet been assigned a hearing date.
Peninsula Clean Energy Policy 1 delegates authority by the Board of Directors to the CEO to timely engage and position the organization on public policy matters, including legislative and regulatory issues.
Some of the bills we are actively engaged on and/or closely watching currently include:
SB 540 (Josh Becker, D-Menlo Park and Henry Stern, D-Calabasas) SB 540, authored by Senators Josh Becker and Henry Stern, would allow the formation of a regional transmission organization to operate regional energy markets with other western states. Currently the California Independent System Operator (CAISO), the authority that manages the transmission grid in California, is only permitted to use energy from markets outside the state on a limited basis.
Proponents of SB 540 believe that regional energy markets are a critical solution to bring down electricity costs because energy islanding is inefficient and expensive. Allowing California to trade energy across the west would enable carbon reduction through increasing access to complementary renewable energy while reducing solar curtailment. This also helps with reliability by allowing California to more easily import energy from other states during times of grid stress.
An informational hearing was held by the Senate Committee on Energy, Utilities and Communications on March 12 in Sacramento, "Regional Expansion of Wholesale Electricity Markets: Overview of the West-Wide Governance Pathways Initiative." At this hearing, Senators heard arguments for and against the West-Wide Governance Pathways Initiative, with some lawmakers voicing concerns about guardrails against market manipulation and what the effort means for the state's autonomy to set its own policies. At the informational hearing in Sacramento, Peninsula Clean Energy staff voiced support for the Pathways Process. Senior Legislative Manager Mike Mielke spoke to the fact that this process would expand renewable energy supply and help achieve California's ambitious climate change goals, help make electricity more available and affordable for the consumers and businesses in our service territory, while also ensuring that California retains control over critical functions such as transmission planning, procurement, and other critical policies.
In addition to Peninsula Clean Energy and CalCCA, CCA support for SB 540 includes MCE, Silicon Valley Clean Energy, and San Diego Community Power.
Support for SB 540 from labor, business and environmental groups includes CA & NV State Association of Electrical Workers (IBEW), California Chamber of Commerce, California Environmental Voters, Coalition of California Utility Employees (CCUE), Environmental Defense Fund, Natural Resources Defense Council (NRDC), Silicon Valley Leadership Group (SVLG), and Union of Concerned Scientists.
50 Voicing opposition at the March 12 hearing was former CPUC Commissioner and President Loretta Lynch and a representative from the Indivisible California Green Team. Consumer Watchdog has also come out with opposition to SB 540.
Concerns raised at the informational hearing by opponents to the bill and some Senators included whether the regional organization (RO) could override key state environmental laws, including the Renewable Portfolio Standard and whether the RO could diminish California's ability to set its own policies, including those related to renewable energy and climate change. In addition it was argued that the RO cold be susceptible to market manipulation, potentially harming California's consumer and environmental goals.
This legislation has been referred to the Senate Committee on Energy, Utilities and Communications and the Senate Committee on the Judiciary.
SB 330 (Steve Padilla, D-Chula Vista)
SB 330 would enable the Governor to establish one or more pilot projects to develop, finance, or operate electrical transmission infrastructure that meet certain criteria, including: being identified by the California Independent System Operator (CAISO) in its transmission planning process, provides a significant reduction in cost, and is implemented under a Project Labor Agreement (PLA). It authorizes the Governor to designate existing state agencies, local public agencies, tribal organizations, or joint powers authorities to implement the pilot projects.
The bill could be seen as an important tool to promote a robust and cost-effective transmission network in the CAISO footprint. CCA projects rely on transmission in the CAISO system for deliverability. Transmission is key to meeting 100% renewable/clean energy objectives. There is no transition to a renewable energy economy without transmission. At the same time, as referenced above, transmission costs are expected to rise and create additional cost pressures on ratepayers.
SB 330 addresses these concerns by indicating more transmission is needed, but it should be done in a more cost-effective way: through public financing or ownership. The bill currently focuses on a pilot program approach. The sponsor’s hope is to create support for the general concept of public financing and to refine the bill further down the road.
The bill has been referred to both the Senate Energy, Utilities and Communications and Environmental Quality Committees and is awaiting a hearing.
AB 303 (Dawn Addis, D–Monterey) would make it more difficult to license a Battery Energy Storage System (BESS) in California. Not only would the permitting process be more difficult, but the bill seeks to limit the locations in which a BESS can be placed.
In addition to Asm. Addis, the Moss Landing area is represented in the Legislature by state Senator John Laird (D-Monterey), who has filed a spot bill, SB 283. Senator Laird has so far emphasized his intention to take a more cautious approach to this issue.
AB 306 (Nick Schultz, D–Burbank)
51 Introduced by Assemblymember Schultz and part of a package of bills sponsored by Assembly Speaker Robert Rivas (D-Salinas), whose stated goal is to support the rebuild of Southern California and advance home building in the state, AB 306 would place a 6-year moratorium on reach codes and any other local government efforts to modify building codes on new construction throughout the state, not just in the fire-effected areas. It would also impact existing building modifications.
Peninsula Clean Energy and other CCAs have shared our concerns with the authors. Among those concerns is the fact that electrifying new buildings helps local jurisdictions implement their Climate Action Plans and supports the state’s goal of reducing Greenhouse Gas Emissions while creating clean energy jobs. In addition, energy efficiency measures in reach codes help improve building performance while also reducing energy costs and increasing grid reliability.
Please find included with this report a copy of the letter of concern which Peninsula Clean Energy submitted prior to the hearing on AB 306. Peninsula Clean Energy, through its lobbyist Mark Fenstermaker of Pacific Policy Group, voiced its concerns with this legislation as written.
Also voicing those same concerns were lobbyists from with Silicon Valley Clean Energy and San Jose Clean Energy, members of the labor community and other interest groups.
AB 306 passed out of the Assembly Committee on Housing and Community Development on March 12 by a vote of 12-0 and was re-referred to the Committee on A reach codes and any other local government efforts to modify building codes on new construction throughout the state, not just in the fire-effected areas. It would also impact existing building modifications.
Hearings of Interest
In addition to our participation in the informational hearing on SB 540 and the hearing on AB 306, both discussed above, Peninsula Clean Energy staff also attended and provided public comment on March 12 at the Budget Subcommittee 4 (Climate Crisis, Resources, Energy and Transportation) hearing. This hearing concerned the state’s Zero Emission Vehicle (ZEV) Spending Plan, and how state dollars are being spent on EV charging. Peninsula Clean Energy respectfully requested that the Subcommittee, which oversees ZEV investments, work with the California Energy Commission (CEC) to broaden the approach to charging installs at multi-family buildings to include Level 1 in assigned spaces, to better serve multi-family housing, and stretch limited state resources.
Federal Developments of Interest
Peninsula Clean Energy continues to closely monitor the many Executive Orders and legislative actions emanating from the Nation’s Capital for their impact on energy policy and Peninsula Clean Energy.
One recent encouraging development was a letter dated March 9, signed by 21 members of the Republican Conference, and addressed to the Chair of the House of Representatives Way and Means Committee, the tax writing committee in that chamber. The letter voiced support for the continuation of “sector-wide energy tax credits” that have led to major investments in “domestic energy production and infrastructure for traditional and renewable energy sources alike.”
(Public Policy Objective B, Key Tactic 1)
52 FISCAL IMPACT
None
ATTACHMENTS:
3.6.25 Joint CCAs Concerns Letter on AB 306.pdf
March 2025 Bill Matrix.docx
53 March 5, 2025
Assemblymember Nick Schultz Speaker Robert Rivas
1021 O Street, Suite 5150 1021 O Street, Suite 8330
Sacramento, CA 95814 Sacramento, CA 95814
Re: AB 306 (Schultz/Rivas) – Building Codes – NOTE CONCERNS Dear Assemblymember Schultz and Speaker Rivas:
We write on behalf of Silicon Valley Clean Energy, Peninsula Clean Energy, and San Jose Clean Energy (the Joint CCAs) to respectfully convey our joint concerns on AB 306 (Schultz/Rivas) on building codes. Below are our suggested changes to remove those concerns.
The Joint CCAs very much appreciate the conversations with both offices to talk about the bill. We share the authors’ interest in speeding up construction of homes to rebuild after the Los Angeles wildfires and increasing housing supply across the state.
Streamlining requirements to increase new construction can be done without adversely affecting efforts to advance decarbonization in existing construction, providing homes and businesses that lower cost, increase health, and reduce pollution. These can help the state reach its important and ambitious decarbonization goals and realize significant clean energy job growth. Our request is to: a) apply AB 306 specifically to new construction, and b) make clear that the state and local governments can adopt the state 2025 code. Our agencies have adopted or are strongly interested in adopting local reach codes that advance electrification in existing construction, as many have done in the past through building codes.
Agencies in the CCAs’ service territory are interested in adopting cost-effective, common-sense measures for existing residential buildings that would require heat pumps to be installed instead of air conditioning units when an air conditioner is replaced or added in an existing home. This voluntary tier in the 2025 CALGreen Code, as adopted by the Building Standards Commission, would help homeowners prepare for upcoming rules developed by the Air Resources Board and the Bay Area Air District and save homeowners thousands in redundant costs. While its inclusion in CALGreen as a voluntary tier is welcomed, it still 54 does require an agency to adopt a reach code and seek approval from the Commission before the provision is enforced.
Given these concerns, the Joint CCAs request the following amendments:
1. Apply AB 306 to new construction only: The current language in AB 306 broadly applies to both new construction and existing homes. If the goal of AB 306 is to increase the supply of housing, applying this bill to existing homes does not impact that goal. By narrowing the bill to new construction, local governments can continue to advance codes like requiring air conditioning units to be replaced by heat pumps when a unit is being replaced. Here is an example amendment suggestion to focus the bill on new construction:
Section 4, 17958.7
“(c) Commencing June 1, 2025, until June 1, 2031, inclusive, the commission shall reject a modification or change to any building standard affecting a new residential unit and filed by the governing body of a city or county, unless one of the following conditions is met:”
2. Clarify the state and local governments can adopt the 2025 State Building Code:
We understand it is the authors’ intent that the state continues with the adoption process for the 2025 State Building Code, with a pause until the 2031 Code is approved, and that local governments are allowed to adopt the 2025 State Building Code. The Commission should be allowed to work on the 2031 state building codes before June 1, 2031, in order to proceed with the normal code adoption process for the 2031 code. Here is an amendment to clarify this intent:
Section 6, 18930
“(g) Commencing June 1, 2025, after the adoption of the 2025 State Building Code, until June 1, 2031, inclusive, proposed building standards beyond the state 2025 code affecting new residential units shall not be considered, approved, or adopted by the commission or any other adopting agency, unless either one of the following conditions is met:
(1) The commission deems those changes necessary as emergency standards to protect health and safety.
(2) The building standards relate to home hardening and are proposed for adoption by the Office of the State Fire Marshal.
55 (3) The building standards under consideration would not take effect until Jan 1, 2032.”
The Joint CCAs appreciate the on-going dialogue with the authors on this bill and look forward to continuing to work on the bill.
Sincerely,
Monica V. Padilla
Chief Executive Officer
Silicon Valley Clean Energy
Zach Struyk
Acting Director
San Jose Clean Energy
Shawn Marshall
Executive Officer
Peninsula Clean Energy
56 Status of 2025 Legislative Session Bills
As of March 17, 2025
With Peninsula Clean Energy and CalCCA Adopted Positions 1 Bill Summary Status PCE
Position
CalCCA
Position
Comments
AB 259 (B. Rubio)
Brown Act
Exemption: Remote
Participation
This bill would remove the January 1, 2026,
sunset that allows members of a local legislative
body to appear remotely, under certain
circumstances, without having to provide their
location and other requirements of the Brown
Act.
Referred to the
Assembly
Committee on
Local Government
This is a simple
sunset removal to
extend the policy
first enacted by AB
2449, the bill Asm.
Rubio authored in
2022. The bill is
sponsored by the
CA Special
Districts Assn.
AB 303 (Addis)
Battery Energy
Storage Facilities
Existing law, until June 30, 2029, authorizes a
person proposing an eligible facility, including
an energy storage system capable of storing 200
megawatt hours or more of energy, to submit
an application for certification with the State
Energy Resources Conservation and
Development Commission of the site and
related facility. Existing law specifies that the
issuance by the Commission of the certificate is
in lieu of any permit, certificate, or similar
document required by any state, local, or
regional agency, or federal agency to the extent
permitted by federal law, except as provided.
Existing law establishes the procedures by
which the commission is to review the
application. This bill would specify that energy
Scheduled for April
2 hearing in
Assembly
Committee on
Utilities & Energy
57 Status of 2025 Legislative Session Bills
As of March 17, 2025
With Peninsula Clean Energy and CalCCA Adopted Positions 2 Bill Summary Status PCE
Position
CalCCA
Position
Comments
storage systems do not include battery energy
storage systems for the above-described
purposes. This bill contains other related
provisions and other existing laws.
AB 306 (Schultz)
Building
Regulations: state
building standards
Existing law authorizes any city or county to
make changes to building standards that are
published in the code, including to green
building standards. Existing law requires the
governing body of a city or county, before
making modifications or changes to those green
building standards, to make an express finding
that those modifications or changes are
reasonably necessary because of local climatic,
geological, or topographical conditions. This bill
would, from June 1, 2025, until June 1, 2031,
inclusive, prohibit a city or county from making
changes to the above-described building
standards unless a certain condition is met,
including that the commission deems those
changes or modifications necessary as
emergency standards to protect health and
safety. By requiring a city or county to take
certain actions relating to building standards,
this bill would impose a state-mandated local
program.
Scheduled for
March 19 hearing
in Assembly
Committee on
Appropriations
Passed Assembly
Committee on
Housing and
Community
Development.
Concern
AB 526 (Papan) This bill would require the Energy Commission, in coordination with the PUC, Air Resources
Scheduled for April
2 hearing in
This bill is
sponsored by
58 Status of 2025 Legislative Session Bills
As of March 17, 2025
With Peninsula Clean Energy and CalCCA Adopted Positions 3 Bill Summary Status PCE
Position
CalCCA
Position
Comments
Geothermal Energy
Generation
Board, and other state agencies, to develop a
strategic plan for the development of new in-state geothermal energy. The bill would also require the Energy Commission, on or before
June 1, 2026, to evaluate and quantify the
maximum feasible capacity of new in-state
geothermal energy to achieve reliability,
ratepayer, employment, and decarbonization
benefits, and to establish megawatt in-state
next-generation geothermal planning goals for
2035 and 2045
Assembly
Committee on
Utilities & Energy
Sonoma Clean
Power.
AB 527 (Papan)
CEQA: Geothermal
Exploratory
Projects
This bill proposes to create a categorical
exemption from CEQA for geothermal
exploratory wells.
Referred to
Assembly
Committee on
Natural Resources
This bill is
sponsored by
Sonoma Clean
Power.
AB 900 (Petrie-Norris)
Clean Energy
Reliability
Investment Plan
This bill would appropriate the remaining $900
million to the Clean Energy Reliability
Investment Plan contained in SB 846 (Dodd,
2022)
Referred to
Assembly
Committee on
Natural Resources
SB 57 (Padilla)
Data Centers:
Special Rates
This bill, the Ratepayer and Technological
Innovation Protection Act, would require the
Public Utilities Commission, on or before July 1,
2026, to establish a special rate structure for
data centers, as defined, that, among other
Referred to the
Senate Committees
on Energy, Utilities
& Communications
59 Status of 2025 Legislative Session Bills
As of March 17, 2025
With Peninsula Clean Energy and CalCCA Adopted Positions 4 Bill Summary Status PCE
Position
CalCCA
Position
Comments
things, protects residential ratepayers and small
businesses and prevents cost shifts to those
existing ratepayers and ensures electrical grid
investments to serve data centers are fully
recovered.
SB 239 (Arreguín)
Brown Act
Exemption:
Subsidiary Bodies
This bill 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 specific findings by 2/3 vote before the
subsidiary body uses teleconferencing for the
first time and every 12 months thereafter.
Referred to the
Senate Committee
on Local
Government
A very similar bill
was attempted in
the last session as
AB 817 (Pacheco).
The bill failed to
pass the Senate
Local Government
Committee as the
author refused to
accept certain
amendments.
SB 282 (Wiener)
Residential Heat
Pump Systems:
Water Heaters and
HVAC: Permit
Streamlining
This bill would require the Energy Commission,
on or before January 1, 2027, to establish a
statewide certification program for licensed
contractors of residential heat pump water
heaters and heat pump HVAC systems to obtain
a heat pump installation certification. The bill
would authorize a licensed contractor with a
heat pump system installation certification
Referred to the
Senate Committee
on Energy, Utilities
& Communications
This bill is co-sponsored by
SPUR, Bay Area Air
District, and
Building Decarb
Coalition
60 Status of 2025 Legislative Session Bills
As of March 17, 2025
With Peninsula Clean Energy and CalCCA Adopted Positions 5 Bill Summary Status PCE
Position
CalCCA
Position
Comments
described above to self-certify that the
installation of a residential heat pump water
heater or heat pump HVAC system meets all
relevant code requirements without any
requirement that an inspector be present for
the installation, and would require a city,
including a charter city, county, or city and
county to accept the certification for those
purposes, as specified.
SB 283 (Laird)
Battery Energy
Storage Facilities:
Emergency
Response Plans and
Emergency Action
Plans
This bill is Senator Laird’s placeholder for a
proposed policy in response to the Moss
Landing battery fire.
Needs substantive
language to receive
a committee
referral.
SB 302 (Padilla)
County Sealers: EV
Chargers
This bill would align California’s tax code with
provisions in the Inflation Reduction Act that
expand financing options for clean energy
developers. In other states, developers may
exclude, when reporting their gross income,
earnings from the sale of clean energy tax
credits, which accrue under the law once
projects are up and running.
Referred to Senate
Committee on
Revenue &
Taxation
SB 314 (Padilla) This bill would authorize Electric Vehicle Supply Equipment (EVSE) that has been audited or
Referred to Senate
Committees on
61 Status of 2025 Legislative Session Bills
As of March 17, 2025
With Peninsula Clean Energy and CalCCA Adopted Positions 6 Bill Summary Status PCE
Position
CalCCA
Position
Comments
Electric Vehicle
Supply Equipment:
Weights &
Measures
tested by the manufacturer or supplier to be
used commercially without further testing
during the remainder of the inspection period
adopted by the Secretary of Food and
Agriculture, but not until it has been sealed by a
sealer. The bill would, until January 1, 2028,
among other things, exempt an EVSE installed in
a workplace for the exclusive use of its
employees, or installed in a residence, including
a multifamily residential dwelling, for the
exclusive use of the residents, from specified
laws, and would authorize an EVSE, following
installation, to be used in connection with the
sale of electricity as a motor vehicle fuel
without being placed into service by a service
agency or sealer, a specified.
Business,
Profession &
Economic
Development
SB 330 (Padilla)
Transmission
Infrastructure
Financing
Enables the Governor to establish one or more
pilot projects to develop, finance, or operate
electrical transmission infrastructure that meet
certain criteria, including: being identified by
the ISO in its transmission planning process,
provides a significant reduction in cost, and is
implemented under a Project Labor Agreement.
Authorizes the Governor to designate existing
state agencies, local public agencies, tribal
organizations, or joint powers authorities to
implement the pilot projects
Referred to the
Senate Committees
on Energy, Utilities
& Communications
and Environmental
Quality
62 Status of 2025 Legislative Session Bills
As of March 17, 2025
With Peninsula Clean Energy and CalCCA Adopted Positions 7 Bill Summary Status PCE
Position
CalCCA
Position
Comments
SB 332 (Wahab)
California Public
Utilities
Commissioner and
Energy Commission
Would require the Energy Commission, in
coordination with the public advisor and the
Public Utilities Commission, on or before March
31, 2026, to issue a request for proposals for a
team to undertake a study to (1) conduct a
historical energy justice assessment of Investor
Owned Utility (IOU) operations and impacts, (2)
complete a comparative analysis of the benefits
and challenges of transitioning the IOUs to a
successor entity in order to identify a
recommended model, and, (3) if the study finds
that it is in the best long-term interests of the
people and ecologies of California to transition
away from an IOU model, create a justice-centered implementation plan for managing the transition. The bill would require the Energy
Commission to hold a public proceeding and
submit a report of the study team’s findings and
recommendations to the Legislature no later
than 24 months after selecting the study team
for the feasibility portion of the study, and no
later than 36 months after selecting the study
team for the implementation plan portion of
the study, as specified.
Awaiting
committee referral
SB 540 (Becker) This bill codifies the West-Wide Pathways recommendation to authorize CAISO to
relinquish its singular control of the Western
Referred to the
Senate Committees
on Energy, Utilities
Support Support This is the effort to
create a new
western regional
63 Status of 2025 Legislative Session Bills
As of March 17, 2025
With Peninsula Clean Energy and CalCCA Adopted Positions 8 Bill Summary Status PCE
Position
CalCCA
Position
Comments
Western Regional
Organization
Energy Imbalance Market (EIM) and Western
Enhanced Day Ahead Market (EDAM) so that
those two markets could be governed by an
independent western regional organization
& Communications
and Judiciary
organization that
is an interim step
to the full western
regionalization
grid
SB 707 (Durazo)
Open Meetings:
Brown Act
Requirements
This bill is an omnibus proposal for exemptions
to the Brown Act for local public meetings
including extending until 1/1/30 the AB 2449
sunset, authorizing virtual meetings for
subsidiary bodies, neighborhood councils, and
multijurisdictional bodies. For multijurisdictional
bodies, an in-person quorum must be
established, each remote attending member
must be identified in the agenda, a member
receiving compensation must participate from a
physical location accessible to the public, the
remote participating members must be at least
20 miles round trip from the in-person meeting
location.
Referred to the
Senate Committees
on Local
Government and
Judiciary
64 DATE: March 21, 2025
MEETING DATE: March 27, 2025
VOTE REQUIRED: None
TO: Honorable Peninsula Clean Energy Authority Board of Directors FROM: Brianna Arroyo, Administrative Assistant
SUBJECT: Social Media FAQ's
Item No. 15
PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence
ATTACHMENTS:
PCE_ How to handle comments on Nextdoor.pdf
PCE_Social media talking points.pdf
65 How to handle comments on Nextdoor
What qualifies as an incendiary comment?
● The post contains aggressive or accusatory language.
● The post spreads misinformation about PCE’s programs, services, or billing—or about clean energy. ● The post escalates negativity within the Nextdoor community, even if the original post is not negative.
How do I know if PCE should respond?
Does the comment contain misinformation that could harm PCE’s reputation? Is the comment receiving significant, negative attention (likes, replies, etc.)? Does responding to the post align with PCE’s values and commitment to candor, transparency, and community support?
Is someone asking a question related to PCE’s billing or services? It may be helpful to respond proactively, even if the original comment isn’t particularly negative. This early intervention can help prevent misinformation and keep the community conversation on track.
I found an incendiary comment. What should I do next?
1. Notify the Marketing team.
Send an email with the subject line: “Nextdoor comment for review” with a direct link to the post and any necessary screenshots to the following PCE team members:
● Aleisha Juarez, [email protected]
● Kerstin Grune (cc’d), [email protected] ● Gwen Rose (cc’d), [email protected]
● Kirsten Andrews-Schwind (cc’d), [email protected] ● Jayden Hanan (cc’d), [email protected]
2. Be prepared to take action.
Given Nextdoor’s limited access, we may ask you to respond via your personal profile. If the Marketing team confirms that a response is necessary, we will provide you with the appropriate post copy.
Helpful reminders
● When you see a negative Nextdoor comment, be a calm observer and collect details for escalation. ● Do not engage with incendiary comments, unless the Marketing team provides you with post copy. ● Responses on behalf of PCE should always reflect the organization’s values. ● Stay ahead of the negativity: Responding to questions early can help keep the tone positive and prevent the situation from escalating.
66 Social media FAQs
Here are some helpful tips for responding to frequently asked questions about Peninsula Clean Energy (PCE) on social media. Frame your response in a way that is accurate, concise, and friendly—all while staying true to PCE’s mission and values. Feel free to adapt these prompts to your own voice, keeping it casual, personable, and polite.
Depending on the social media platform, your response could also encourage people to contact PCE Support for more information at [email protected] or 1-866-966-0110.
What is Peninsula Clean Energy (PCE)? How is PCE different from PG&E? PCE is your local, not-for-profit electricity provider. PCE provides the majority of the electricity supply—97% in fact—for San Mateo County and Los Banos.
PCE provides you with clean electricity, while PG&E delivers it to you through their wires. It’s kind of like ordering takeout from your favorite restaurant (PCE) and having a food delivery service (PG&E) deliver it to your door.
Does PCE cost more than PG&E?
No! PCE’s rates are competitive with or even lower than PG&E’s, so you save money with PCE. You can compare PCE’s and PG&E’s rates here:
https://www.pge.com/assets/pge/docs/account/alternate-energy-providers/pce-sm_rateclasscomparison.pdf Why was I automatically enrolled?
Your city or county voted to join PCE to bring cleaner, affordable energy to your community.
Can I opt out of PCE?
Yes, you can opt out. However, PCE’s rates are typically lower than PG&E’s, so opting out of PCE will make your electricity bill go up.
I opted out of PCE and my bill went down.
When you opted out of PCE, PG&E put you on a special temporary rate (TBCC) for six months. Recently, this rate has been lower than PCE’s, which is probably why your bill went down. However, after six months, you’ll be switched back to PG&E’s regular rates, which are at least 5% higher than PCE’s. So, even though it seems like you’re saving money now, your bill will likely go up in the long term.
What clean energy options do I have?
You are automatically enrolled in ECOplus, which is 100% clean, 50% from renewable sources, and cheaper than PG&E. If you want to do even more good for the environment, you can upgrade to ECO100, which is 100% renewable energy for a small additional cost.
I have solar power. Why do I still have fees?
PCE only charges for the electricity you use beyond what your solar panels generate. If your panels produce less energy than your household needs, you’ll see charges for the extra electricity you pulled from the grid.
However, if your solar panels generate more energy than you use, PCE gives you a credit! Why did my bill go up after switching to PCE?
Your bill increase is likely due to PG&E’s delivery rates, not PCE. In fact, PCE has frozen rates multiple times to keep costs stable and put savings back in customers’ pockets. 67 DATE: March 21, 2025
MEETING DATE: March 27, 2025
VOTE REQUIRED: None
TO: Honorable Peninsula Clean Energy Authority Executive Committee FROM: Nelly Wogberg, Board Clerk
SUBJECT: Acronym List
Item No. 16
PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence
ATTACHMENTS:
ACRONYMS - as of 02-01-2024.pdf
68 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 69
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 70
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 71
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
72