Agenda — Pioneer Community Energy Board of Directors, November 16, 2023 (part 3 of 3)

• Amendments. Revise Section 19, Amendments, to specify that only amendments to Section 4, Powers, and the addition of new member agencies requires approval by separate resolutions of each of the member agencies and to make other changes to streamline the amendment process. • Satisfied/completed obligations. Revise sections that have now been completed to indicate they are satisfied (for example, Section 9E, which describes the provision of start-up funding by Placer County).
• Clean-up. Fix incorrect cross references, revise confusing references and typos.

The bulk of the changes proposed are clarifying or clerical in nature. Adopting a clearer Second Amended and Restated JPA will provide the public, staff, and legal counsel with a clearer reference document for questions of governance, eliminating the need to check amendments (at least in the near term). It also provides an opportunity to correct or eliminate outdated references, resulting in a document that is easier to understand.

The primary substantive proposed change to the JPA is to Section 19, Amendment. Currently, notice of proposed amendments must be sent to each member agency 30 days in advance of the Board considering the amendment. A two-thirds majority of the Board is required to approve an amendment. Further, the amendment must be approved by separate resolution of each of the member agencies, and finally, notice must be provided to members after the amendment is final.

Staff recommends that the amendment process be simplified for amendments that do not directly impact the member agencies or change the nature of Pioneer or its powers. Based on direction received at the October 19 Governing Board meeting, the attached draft would provide a different amendment process for amendments to Section 4 (Powers) and amendments to add a new party to the JPA. For those amendments, separate resolutions of each member agency would be required.

All other amendments could be approved by the Board with a two-thirds vote, with notice provided to the member agencies 30 days prior and after the action. Individual member agency approval by resolution would not be required. This is intended to allow amendments that are more internal in nature (affecting board membership, basic governance, etc.) to proceed with solely a Board vote. That said, member agencies would be given notice and the opportunity to object to any proposed amendment.

STRATEGIC PLAN
The recommendation supports the Operational Excellence priority.

FISCAL IMPACT
The proposed Second Amended and Restated JPA will not have any direct fiscal impact beyond the time of staff and General Counsel to process the amendment.

ATTACHMENTS

1. Draft Second Amended and Restated JPA

2. Redline showing changes made between the First and Second Amended and Restated JPA (as amended by Amendments 1-5).
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SECOND AMENDED AND RESTATED JOINT EXERCISE OF POWERS

AGREEMENT FOR PIONEER COMMUNITY ENERGY
This Second Amended and Restated Joint Exercise of Powers Agreement (hereafter “Agreement”) amends and restates the Amended and Restated Joint Exercise of Powers Agreement (“Amended and Restated JPA”), with the effective date of February 22, 2017, for PIONEER COMMUNITY ENERGY, (hereafter “Pioneer”), as amended and executed pursuant to Amendments No. 1 through 5, by and among the Voting Members (including the New Voting Members) and the Associate Members listed in Exhibit A to this Agreement, all public entities of the State of California who become signatories to this Agreement, and relates to the joint exercise of powers among all of the signatories hereto either as Voting Members or Associate Members (hereafter collectively referred to as the “Members”).

RECITALS:

G. Whereas, on September 9, 2015 the County of Placer and the City of Colfax entered into the original Joint Exercise of Powers Agreement for the purpose of establishing the Sierra Valley Energy Authority as a joint powers authority under the Joint Exercise of Powers Act, Government Code Section 6500, et seq.; and H. Whereas, the Amended and Restated JPA became effective on February 22, 2017 and authorized the Cities of Auburn, Lincoln, Rocklin, and the Town of Loomis to become Voting Members of the Joint Exercise of Powers Agreement and established a Community Aggregation Program within the jurisdictions of the Voting Members; and
I. Whereas, Resolution No. 2017-3 of the Sierra Valley Energy Authority approved a name change from Sierra Valley Energy Authority to Pioneer Community Energy, as it is known today; and
J. Whereas, Amendment No. 1 to the Amended and Restated JPA, which was approved by the Governing Board on December 27, 2020 and became effective March 9, 2021, authorized the County of El Dorado and the City of Placerville to become Voting Members; and
K. Whereas, Amendments No. 2 through 4 to the Amended and Restated JPA made certain changes to the Amended and Restated JPA; and
L. Whereas, Amendment No. 5 to the Amended and Restated JPA, which was approved by the Governing Board on October 25, 2022 and became effective February 27, 2023, authorized the City of Nevada City and the City of Grass Valley as Voting Members; and
M. Whereas, the Voting Members wish to amend and restate the Amended and Restated JPA to clean up and streamline the Agreement.

NOW THEREFORE, in consideration of the mutual promises, covenants and conditions herein, the Members hereto agree to establish a joint powers authority as follows:
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Section 1. Authority for this Joint Exercise of Powers Agreement This Agreement is made pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (commencing with Section 6500) relating to the joint exercise of power common to the counties and public agencies and other powers specified therein (hereinafter the “Act”). Under Sections 6505 and 6507 of the Act, Pioneer is a public agency separate from its Members. As provided by Section 6508.1 of the Act, and Section 12 hereof the debts, liabilities or obligations of Pioneer shall not be the debts, liabilities or obligations of the individual Members, unless the governing body of a Member agrees in writing to assume any of those debts, liabilities or obligations.

The Members are each empowered by the laws of the State of California to exercise, in their respective jurisdictions, the powers set forth herein, including but not limited to the power to aggregate electric load, to purchase and supply electricity for themselves and customers within their jurisdictions, and the power to enter into voluntary contractual assessments with properties owners for authorized improvements within their jurisdictions.

Section 2. Purpose of Agreement
The purpose of this Agreement is to establish an independent public agency in order to exercise powers common to the Members and other powers granted to Pioneer under the Act, to study, promote, develop, conduct, operate, and manage energy, energy efficiency and conservation, and other energy-related programs, to exercise all other powers necessary and incidental to accomplishing these purposes, and to provide a Community Choice Aggregation (hereinafter “CCA”) Program, pursuant to California Public Utilities Code Sections 331.1 and 366.2, and as further described in Section 10.

Without limiting the generality of the foregoing, the Members also intend for this Agreement to be used as a mechanism by which Voting Members and non-voting Associate Members may authorize Pioneer to provide Property Assessed Clean Energy (“PACE”) Programs pursuant to Chapter 29 of the Improvement Bond Act of 1911, Division 7 of the California Streets and Highways Code (“Chapter 29”). Pioneer may provide PACE Programs pursuant to Chapter 29 within the boundaries of each Voting Member as set forth in Section 10(C) herein, and within the boundaries of each non-voting Associate Member as set forth in Sections 16 herein. The Members intend that other agreements with Associate Members shall define the terms and conditions associated with the implementation of the CCA Program, the PACE Program, and any other energy programs approved by Pioneer within the territorial jurisdiction of such Associate Members.

Section 3. Effective Date and Term
This Agreement shall be effective as a second amendment and restatement of the Original Agreement, and Pioneer shall continue to exist as a separate public agency under the terms of this Agreement after approval and signature of the Second Amended and Restated Agreement by the New Members and after the California Public Utilities Commission certifies the Implementation Plan filed by Pioneer to include the New Members. This Agreement shall be in -4-
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full force and effect until terminated in the manner herein provided, subject to the rights of the Members to withdraw from Pioneer.

Section 4. Powers
Pioneer shall have all powers common to the Members, and such additional powers accorded to it by law, including the power to develop and implement comprehensive energy and resource development and conservation programs, as described herein. Unless state or federal law provides otherwise, any facilities, buildings or structures located, constructed, or caused to be constructed by Pioneer within the territory of Pioneer shall comply with the General Plan, zoning and building laws of the local jurisdiction within which the facilities, buildings or structures are constructed and comply with the California Environmental Quality Act (CEQA). As required by Government Code Section 6509, the power of Pioneer is subject to the restrictions upon the manner of exercising power possessed by the City of Colfax.

Pioneer is authorized, in its own name, to exercise all powers and do all acts necessary and proper to carry out the provisions of this Agreement and fulfill its purposes, including, but not limited to, each of the following powers, subject to the voting requirements set forth in Section 5C and Section 8:

A. to make and enter into contracts;
B. to employ agents and employees, including but not limited to an Executive Director;
C. to acquire, contract, manage, maintain, and operate ally buildings, infrastructure, works, or improvements;
D. to acquire property by eminent domain, or otherwise, except as limited under Section 6508 of the Act, and to hold or dispose of any property; E. to lease any property;
F. to sue and be sued in its own name;
G. to incur debts, liabilities, obligations and to issue bonds, and to make and enter into agreements and other documents of any nature whatsoever as may be necessary or convenient in the exercise of the powers provided under the Marks-Roos Local Bond Pooling Act of 1985, as amended, and other provisions of California law that authorize public agencies to issue bonds and incur indebtedness, including but not limited to loans from private lending sources pursuant to its temporary borrowing powers such as Government Code Sections 53850 et. seq.;
H. to form subsidiary or independent corporations or entities, if necessary to carry out energy supply and energy conservation programs and to take advantage of legislative or regulatory changes;
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I. to deposit its money pursuant to Section 6505.5 of the Act and to invest its money which is not required for the immediate use of Pioneer, as Pioneer determines is advisable in the same manner and upon the same conditions as local agencies, pursuant to Section 53635 of the California Government Code; J. to apply for, accept, and receive all licenses, permits, grants, loans or other aids from any federal, state, or local public agency;
K. to submit documentation and notices, register, and comply with orders, tariffs and agreements for the establishment and implementation of the CCA Program and other energy programs;
L. to adopt rules, regulations, policies, bylaws and procedures governing the operation of Pioneer (“Operating Rules and Regulations”); M. to establish and operate a CCA program, and make and enter into service agreements relating to the provision of services necessary to plan, implement, operate and administer the CCA Program, including the acquisition of electric power supply and the provision of retail and regulatory support services; N. to establish and operate one or more PACE programs pursuant to Chapter 29, and to enter into one or more agreements, including without limitation, participation agreements, implementation agreements and joint powers agreements and amendments thereto to fulfill such programs both within and outside the jurisdictional boundaries of Pioneer;
O. to establish a non-voting “Associate Member” status that provides membership in Pioneer to jurisdictions that are outside jurisdictional boundaries of Pioneer’s Voting Members, but within whose boundaries a PACE, CCA, or other energy program is established and implemented by Pioneer on behalf of the Associate Member. Said jurisdictions shall adopt one or more agreements (a “PACE Agreement”, “CCA Agreement”, or other energy program agreement, as applicable) on terms and conditions established by Pioneer. The rights of Associate Members shall be limited solely to those terms and conditions expressly set forth in the PACE Agreement, CCA Agreement or other energy program agreement for the purposes of implementing the PACE Program, CCA Program or other energy program, respectively, within the jurisdictional boundaries of the Associate Member. Except as expressly provided for by the PACE Agreement, CCA Agreement or other energy program agreement, Associate Members shall not have any rights otherwise granted to Pioneer Members by this Agreement, including but not limited to the right to vote, the right to amend this Agreement and the right to sit on committees or boards established under this Agreement; P. to execute agreements for the purpose of authorizing Pioneer to implement, manage and administer area-wide and regional programs in the interest of providing energy supply, development of energy generation, energy efficiency, resource conservation, local public welfare and other economically related energy -6-
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programs. The costs incurred by Pioneer in implementing a program, including indirect costs, shall be costs of Pioneer and shall not be assessed to the Members, unless approved by the Governing Body of the Member.

Section 5. Governance and Internal Organization
A. Governing Board. The governing body of Pioneer shall consist of two (2) members of the Placer County Board of Supervisors, and one (1) member each for all other Voting Members, appointed respectively by each Voting Member that is or becomes a signatory to this Agreement (“Board Member”). The total number of Board Members shall equal the total number of Voting Members listed in Exhibit A plus one (1).

The Boards of Supervisors, City Councils and Town Councils of the Voting Members listed in Exhibit A shall respectively appoint such member(s) set out above and not less than one alternate member per Board Member. The term of office of each Board Member and respective alternate may be terminated at any time by the appointing Board of Supervisors, City Council or Town Council. The designated alternate shall have authority to attend, participate, and vote at any meeting of the Board whenever the regular member, for whom they are designated to act as an alternate, is absent from the meeting.

B. Quorum. The majority of the members of the Board shall constitute a quorum.

No action may be taken by the Board unless a quorum is present, except that less than a quorum may adjourn a meeting from time to time.

C. Powers and Function of Board. The Board will exercise governance, policy guidance and oversight over the business and activities of Pioneer, consistent with this Agreement and applicable law. Unless otherwise specified in Section 8, action by Pioneer Board will be taken by majority vote of the Board Members present.

D. Chairperson. The Chairperson and Vice Chairperson of the Board shall be selected by the Board from its members. The term of office of the Chairperson and Vice Chairperson shall each be one calendar year.

E. Secretary. The Board shall appoint a Secretary to the Board who need not be a member of the Board, who shall be responsible for keeping the minutes of all meetings of the Board and all other official records of Pioneer.

F. Meetings. All meetings of the Board shall be held subject to the provisions of the Ralph M. Brown Act, Division 2, Chapter 9 of the California Government Code (hereafter, the “Brown Act”). The Board shall hold at least four regular meetings per year, but the Board may provide for the holding of regular meetings at more frequent intervals. The date, hour and place of each regular meeting shall be fixed by resolution or ordinance of the Board. Regular meetings may be adjourned to another meeting time. Special meetings of the Board may be called in accordance -7-
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with the provisions of California Government Code Section 54956. Directors may participate in meetings telephonically, with full voting rights, only to the extent permitted by law.

G. Bylaws. The Board shall adopt bylaws for the conduct of business that shall not be inconsistent with the provisions of this Agreement, and the laws of the State of California.

H. Board Member Compensation. Board Members shall serve without compensation from Pioneer. However, Board Members may be compensated by their respective appointing authorities. The Board, however, may adopt by resolution a policy relating to the reimbursement by Pioneer of expenses incurred by Board Members.

Section 6. Executive Director and Other Staff
A. Executive Director. The Board shall appoint an Executive Director for Pioneer, who shall be responsible for the day-to-clay operation and management of Pioneer. The Executive Director may exercise all powers of Pioneer, except the powers specifically set forth in Section 4, or those powers that by law must be exercised by the Board. The Executive Director shall hire and supervise any Pioneer employees or consultants.

C. Services Providers. The Executive Director may appoint one or more services providers to serve as Pioneer’s agent(s) for planning, implementing, operating and administering the PACE Program, the CCA Program, and any other program approved by the Board, in accordance with the provisions of a written agreement between Pioneer and the appointed administrative services provider or providers (a “Services Agreement”). The appointed services provider may be one of the Voting Members. A Services Agreement shall set forth the terms and conditions by which the appointed administrative services provider shall perform or cause to be performed all tasks necessary for planning, implementing, operating and administering the PACE Program, the CCA Program and other approved programs. The Services Agreement shall set forth the term of the Agreement and the circumstances under which the Services Agreement may be terminated by Pioneer. This section shall not in any way be construed to limit the discretion of Pioneer to hire its own employees to administer the PACE Program, the CCA Program or any other program.
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D. Independent Monitor. The Board may appoint or contract for the services of an independent monitor to review programs operated by Pioneer and to report to the Board.

E. Advisory Commissions, Boards or Committees. The Board may establish any advisory commissions, boards, and committees as the Board deems appropriate to assist the Board in carrying out its functions and implementing the CCA Program, other energy programs and the provisions of this Agreement which shall comply with the requirements of the Brown Act. The Board may establish rules, regulations, policies, bylaws or procedures to govern any such commissions, boards, or committees.

Section 7. Treasurer and Auditor-Controller
The Governing Board shall appoint a Treasurer for Pioneer. The Treasurer shall be the depository of Pioneer and shall have all of the duties and responsibilities specified in Section 6505.5 of the Act. The duties and obligations of the Treasurer are further specified in Section 9.

The Governing Body shall appoint an Auditor-Controller for Pioneer in compliance with the Act.

The Auditor-Controller of Pioneer shall make or contract with a certified public accountant to cause an annual audit in compliance with Section 6506 of the Act. Pioneer of the Board to appoint a Treasurer and Auditor/Controller shall include Pioneer to combine both offices to be held by one officer or employee pursuant to section 6505.6 of the Act.

Section 8. Special Voting Requirements and Voting Shares A. Involuntary Termination. Action of the Board on matters set forth in Section 15A (involuntary termination of a Member) shall require the affirmative vote of at least two-thirds of the Board Members; provided, however, the Member subject to involuntary termination may not vote, and the number of Board Members constituting two-thirds of all Board Members shall be recalculated as if the Voting Member subject to possible termination were not a Voting Member.

B. Amendment. Action of the Board on matters set forth in Section 19 (amendment of this Agreement) shall require an affirmative vote of at least two-thirds of the Board members.

C. Eminent Domain. A decision to exercise the power of eminent domain on behalf of Pioneer to acquire any property interest other than an easement, right-of-way, or temporary construction easement shall require a vote of at least two-thirds of all Board Members.

D. Contributions by Members. The imposition on any Member of any obligation to make contributions or pledge assets as a condition of continued participation in the PACE Program, the CCA Program, or other energy programs shall require a vote of at least two-thirds of all Board Members and the approval of the governing boards of the Members and Associate Members who are being asked to make such contribution or pledge.
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Section 9. Financial Provisions
A. Fiscal Year. For the purposes of this Agreement, Pioneer shall have such fiscal year from July 1 to and including the following June 30.

B. Depository. All funds of Pioneer shall be held in separate accounts in the name of Pioneer and not commingled with funds of any Member or any other person or entity. All funds of Pioneer shall be strictly and separately accounted for, and regular reports shall be rendered of all receipts and disbursements, at least quarterly during the fiscal year. The books and records of Pioneer shall be open to inspection by the Members at all reasonable times, The Board shall contract with a certified public accountant to make an annual audit of the accounts and records of Pioneer, which shall be conducted in accordance with the requirements of Section 6505 of the Act.

C. Expenditures. All expenditures shall be made in accordance with the approved budget and upon the approval of any officer so authorized by the Board in accordance with its Operating Rules and Regulations. The Treasurer shall draw checks or warrants or make payments by other means for claims or disbursements not within an applicable budget only upon the prior approval of the Board.

D. Budget. The initial budget shall be approved by the Board. The Board may revise the budget from time to time through an Pioneer Document as may be reasonably necessary to address contingencies and unexpected expenses. All subsequent budgets of Pioneer shall be approved by the Board in accordance with the Operating Rules and Regulations.

E. Funding of Initial Costs. The County of Placer funded certain activities necessary to implement the CCA Program. These costs were repaid in full when the CCAP Program became operational.

F. CCA Program Costs. The Members desire that all costs incurred by Pioneer that are directly or indirectly attributable to the provision of electric, conservation, efficiency, incentives, financing, or other services provided under the CCA Program, including but limited to the establishment and maintenance of various reserves and performance funds and administrative, accounting, legal, consulting, and other similar costs, shall be recovered through charges to CCA customers receiving such electric services, or from revenues from grants or other third-party sources.

Section 10. Implementation Action and Pioneer Documents A. Each Member shall adopt an ordinance or resolution in accordance with Public Utilities Code Section 366.2(c)(12) for the purpose of specifying that the Member intends to implement a CCA Program by and through its participation in Pioneer.

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intention to have the territory of the Member’s jurisdiction included in the service territory of the CCA.

C. Each New Voting Member that wishes to participate in the PACE Program shall adopt a resolution authorizing it to become a Voting Member under this Agreement. Execution by such New Voting Member of this Agreement shall constitute consent to Pioneer undertaking contractual assessment proceedings under Chapter 29 for all of the properties in such New Voting Member’s incorporated area and to the contractual assessment financing of certain improvements (as enumerated from time to time in Chapter 29, “Improvements”) by Pioneer, upon the request by and voluntary agreement of owners of such properties, in compliance with the laws, rules and regulations applicable to Pioneer’s PACE Program, and to the assumption of jurisdiction thereover by Pioneer for the purposes thereof. Execution by such New Voting Member of this Agreement shall also serve to authorize Pioneer to take each step required for it to provide contractual assessment financing for the Improvements, including the levying, collecting and enforcement of contractual assessments to finance the Improvements and the issuance and enforcement of bonds and other financing instruments to represent and be secured by such contractual assessments. The New Voting Members shall not be required to adopt a PACE Agreement and shall not be subject to the rights and obligations set forth therein, but shall instead, upon becoming Voting Members hereunder, be subject to the rights and obligations expressly set forth herein.

Pioneer may additionally provide PACE Programs pursuant to Chapter 29 within the boundaries of non-voting Associate Members, as described further in Section 16 herein.

D. Implementation Plan and Statement of Intent. Pioneer shall cause to be prepared an Implementation Plan and Statement of Intent meeting the requirements of California Public Utilities Code Section 366.2 and any applicable California Public Utilities Commission regulations. The Implementation Plan and Statement of Intent shall specify the service territory of the CCA to be within the boundaries of the Member jurisdictions that have taken the actions specified in A and B above. The Implementation Plan and Statement of Intent shall not be filed with the California Public Utilities Commission until it is approved by the Board in the manner provided by Section 5.

If a City or County adopts an ordinance and resolution pursuant to A and B above, expressing its desire to become a Member to this Agreement subsequent to the filing of the then most recently filed Implementation Plan and Statement of Intent, the Board shall direct the preparation and filing of a new or amended Implementation Plan and Statement of Intent to include the territory of the County or City as soon as reasonably practicable. The Board may require the County or City to pay the cost of preparation and submission of the Implementation Plan and Statement of Intent. Upon California Public Utilities Commission certification of the new or amended Implementation Plan and Statement of Intent, the Board shall -11-
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take an action to approve the membership of the County or City. The County or City shall then be entitled to all rights under this Agreement, including a seat on the Board and voting rights pursuant to Section 5.A and Section 8.

E. Termination of CCA and PACE Program. Nothing contained in this Article or this Agreement shall be construed to limit the discretion of Pioneer to terminate the implementation or operation of the CCA or the PACE Program at any time in accordance with any applicable requirements of state law.

F. Pioneer Documents. The Members acknowledge and agree that the affairs of Pioneer will be implemented through various documents duly adopted by the Board through Board resolution. The Members agree to abide by and comply with the terms and conditions of all such documents that may be adopted by the Board, subject to the Members’ right to withdraw from Pioneer as described in Section 14.

Section 11. Records and Reports
The Board shall establish reporting requirements and direct staff to maintain such reports, including, but not limited to, funds and accounts as may be required by good accounting practice or by law. All books and records of Pioneer shall be open to inspection at all reasonable times by any Member to this Agreement or its representatives. Annual audits of Pioneer’s accounts and records shall be made by an independent CPA firm, and reports shall be filed in the manner provided in Section 6505 of the California Government Code.

Section 12. Debts, Liabilities and Obligations
Pioneer is a public agency separate from the Members. Pursuant to Sections 6508.1 of the Act, the debts, liabilities or obligations of Pioneer shall not be debts, liabilities or obligations of the individual Members unless the governing board of a Member agrees in writing to assume any of the debts, liabilities or obligations of Pioneer. A Member who has not agreed to assume a Pioneer debt, liability or obligation shall not be responsible in any way for such debt, liability or obligation even if a majority of the Members agree to assume the debt, liability or obligation of Pioneer. Should any debt, liability or obligation of Pioneer not be waived or allowed payable through assets of Pioneer, none of the County or City members shall be liable, except as provided by Government Code sections 895 through 895.8.

Section 13. Insurance and Indemnity
Pioneer shall acquire and maintain such insurance coverage as is necessary to protect the interests of Pioneer, the Members, and the public. The insurance shall also contain a written endorsement to such policy or policies, which names each of the Voting Members as additional insureds. Pioneer shall defend, indemnify, and hold harmless the Members, and each of their respective Board or Council members, officers, agents and employees, from any and all claims, losses, damages, costs, injuries, and liabilities of every kind arising directly or indirectly from the conduct, activities, operations, acts, and omissions of Pioneer under this Agreement. -12-
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Section 14. Withdrawal
A. Right to Withdraw by Voting Member. A Voting Member may withdraw its participation in the CCA Program, effective as of the beginning of Pioneer’s fiscal year, by giving no less than 12 months advance written notice of its election to do so, which notice shall be given to Pioneer and each Voting Member. Withdrawal of a Voting Member shall require an affirmative vote of its governing board.

B. Right to Withdraw By Voting Member After Amendment. Notwithstanding Section 14A, a Voting Member may withdraw its membership in Pioneer following an amendment to this Agreement adopted by the Board which the Board Member appointed as the representative of a Voting Member voted against provided such notice is given in writing within thirty (30) days following the date of the vote. Withdrawal of a Member shall require an affirmative vote of its governing board and shall not be subject to the twelve month advance notice provided in Section 14A. In the event of such withdrawal, the Member shall be subject to the provisions of Section 15B.

C. Continuing Liability; Further Assurances. A Voting Member that withdraws its participation in the CCA Program may be subject to certain continuing liabilities, as described in Section 15B. The withdrawing Voting Member and Pioneer shall execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, as determined by the Board, to effectuate the orderly withdrawal of such Voting Member from participation in the CCA Program.

D. Withdrawal of Associate Member. The rights of an Associate Member to withdraw from Pioneer shall be governed by the applicable PACE Agreement or CCC Agreement.

Section 15. Termination
A. Involuntary Termination of a Member. Participation of a Member in the CCA program may be terminated for material non-compliance with provisions of this Agreement or any other agreement relating to the Member’s participation in the CCA Program upon a vote of Board Members as provided in Section 8A. Prior to any vote to terminate participation with respect to a Member, written notice of the proposed termination and the reason(s) for such termination shall be delivered to the Member whose termination is proposed at least 30 days prior to the regular Board meeting at which such matter shall first be discussed as an agenda item.

The written notice of proposed termination shall specify the particular provisions of this Agreement or other agreement that the Member has allegedly violated.

The Member subject to possible termination shall have the opportunity at the next regular Board meeting to respond to any reasons and allegations that may be cited as a basis for termination prior to a vote regarding termination. A Member that has had its participation in the CCA Program terminated may be subject to certain continuing liabilities, as described in Section 15B.
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B. Continuing Liability; Refund. Upon a withdrawal or involuntary termination of a Member, the Member shall remain responsible for any claims, demands, damages, or liabilities arising from the Member’s membership or participation in the CCA Program through the date of its withdrawal or involuntary termination, it being agreed that the Member shall not be responsible for any liabilities arising after the date of the Member’s withdrawal or involuntary termination. Claims, demands, damages, or liabilities for which a withdrawing or terminated Member may remain liable include, but are not limited to, losses from the resale of power contracted for by Pioneer to serve the Member’s load. With respect to such liability, upon notice by an Member that it wishes to withdraw from the program, Pioneer shall notify the Member of the minimum waiting period under which the Member would have no costs for withdrawal if the Member agrees to stay in the CCA Program for such period. The waiting period will be set to the minimum duration such that there are no costs transferred to remaining ratepayers. If the Member elects to withdraw before the end of the minimum waiting period, the charge for exiting shall be set at a dollar amount that would offset actual costs to the remaining ratepayers, and may not include punitive charges that exceed actual costs. In addition, such Member also shall be responsible for any costs or obligations associated with the Member’s participation in any program in accordance with the provisions of any agreements relating to such program provided such costs or obligations were incurred prior to the withdrawal of the Member. Pioneer may withhold funds otherwise owing to the Member or may require the Member to deposit sufficient funds with Pioneer, as reasonably determined by Pioneer and approved by a vote of the Board, to cover the Member’s liability for the costs described above. Any amount of the Member’s funds held on deposit with Pioneer above amounts not required to pay any liabilities or obligations shall be returned to the Member. The liability of any Member under this section 15B is subject and subordinate to the provisions of Section 12, and nothing in this section 15B shall reduce, impair, or eliminate any immunity from liability provided by Section 12.

C. Mutual Termination. This Agreement may be terminated by mutual agreement of all the Voting Members; provided, however, the foregoing shall not be construed as limiting the rights of a Voting Member to withdraw its participation in the CCA Program, as described in Section 14A.

D. Disposition of Property upon Termination of Pioneer. Upon termination of this Agreement, any surplus money or assets in possession of Pioneer for use under this Agreement, after payment of all liabilities, costs, expenses, and charges incurred under this Agreement and under any program documents, shall be returned to the then-existing Voting Members in proportion to the contributions made by each. If no such contributions have been made, then such surplus after payment of all liabilities, costs, expenses, and charges shall be distributed to each Voting Member based on Annual Energy Use Divided by Total Annual Energy, multiplied by 100. “Annual Energy Use” means the annual electricity usage, expressed in kilowatt hours (“kWh”) within the Voting Member’s respective jurisdiction, and “Total Annual Energy” means the sum of all the Members -14-
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Annual Energy Use. All measures of kilowatt hours shall be set using the electric load forecast upon which the current annual budget was based. If a Member has more than one Board Member, the distribution will be made pursuant to the above calculation as it relates to the respective jurisdiction.

E. Negotiations with Associate Members. If the Voting Members wish to terminate this Agreement, or if the Voting Members elect to withdraw from the CCA Program following an amendment to this Agreement as provided in Section 14B, but two or more Associate Members wish to continue to participate in the CCA Program, the Voting Members will negotiate in good faith with such Associate Members to allow the Associate Members to become the Voting Members to this Agreement or to effect a transfer of CCA Program operations to another entity.

Section 16. Associate Members
A. With the approval of the Board, any qualified public agency (as defined by Section 6500 of the JPA law) may become a non-voting Associate Member of this Agreement for purposes of participating in the CCA Program. A public agency requesting such membership may apply by presenting to Pioneer a resolution of the public agency approving of this form of participation.

B. Any qualified public agency (as defined by Section 6500 of the JPA law) may become a non-voting Associate Member of this Agreement for purposes of participating in the PACE Program upon (i) such qualified public agency (a) adopting a resolution expressing its desire to become a non-voting Associate Member to this Agreement and authorizing the implementation of a PACE Program within the boundaries of its jurisdiction and (b) executing a PACE Agreement and (ii) the Board approving the qualified public agency as a non-voting Associate Member.

C. The date and terms upon which the applying public agency will become a non-voting Associate Member will be determined by the Board and set forth in a CCA Agreement or PACE Agreement, as applicable.

Section 17. Termination of Powers
Pioneer shall continue to exercise the powers herein conferred upon it until termination of this Agreement, and thereafter shall continue to exercise only such powers as to enable it to pay and discharge all costs, expenses, and charges legally incurred hereunder, and to dispose of, divide and distribute any property required as a result of the joint exercise of such powers.

Section 18. Disposition of Assets; Property and Money
Upon termination of this Agreement under Section 15, all costs, expenses, and charges legally incurred by Pioneer shall be paid and discharged; and Pioneer shall sell such property as may be necessary and shall distribute to the federal or State government such property and funds as are lawfully required; the balance of such property and any surplus money on hand shall be -15-
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distributed or returned in proportion to contributions made by the affected Members except to the extent otherwise agreed upon by the affected Members.

Section 19. Amendments
This Agreement may only be amended by a written amendment approved by a vote of Board Members as provided in Section 8. Amendments to Section 4 of this Agreement, and the addition of new Voting Members shall also be separately approved by a duly adopted resolution of the governing board of each Member. Pioneer shall provide written notice to all Members of amendments to this Agreement at least 30 days prior to the date upon which the proposed amendment is being considered by the Board. If the proposed amendment is adopted by the Board, the Authority shall provide prompt written notice to all Members of the effective date of such amendment along with a copy of the amendment.

Section 20. Severability
Should any part, term or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions of provisions shall not be affected thereby.

Section 21. Entire Agreement
This Agreement contains the entire agreement between the Members and supersedes all prior understanding between them with respect to the subject matter of this Agreement. There are no promises, terms, conditions or obligations, oral or written, between or among the Members relating to the subject matter of this Agreement that are not fully expressed in this Agreement.

This Agreement may not be modified, changed, supplemented or terminated, nor may any obligation under this Agreement be waived, except as provided in Section 19.

SECOND AMENDED AND RESTATED JOINT EXERCISE OF POWERS

AGREEMENT FOR THE SIERRA VALLEYPIONEER COMMUNITY ENERGY

AUTHORITY
THISThis Second Amended and Restated Joint Exercise of Powers Agreement (hereafter “Agreement”) amends and restates the Amended and Restated Joint Exercise of Powers Agreement for the SIERRA VALLEY(“Amended and Restated JPA”), with the effective date of February 22, 2017, for PIONEER COMMUNITY ENERGY AUTHORITY, (hereafter “Authority”) originally entered as of September 9, 2015, (the “Original Agreement”) which was by and between the COUNTY OF PLACER, and the CITY OF COLFAX, bothPioneer”), as amended and executed pursuant to Amendments No. 1 through 5, by and among the Voting Members (including the New Voting Members) and the Associate Members listed in Exhibit A to this Agreement, all public entities of the State of California. By this amendment and restatement it becomes a Joint Exercise of Powers Agreement by and between the COUNTY OF PLACER, the CITY OF COLFAX and the cities of Rocklin, Lincoln and Auburn and the town of Loomis within the County of Placer who become signatories to this Agreement (the “New Voting Members”, and together with the County of Placer and the City of Colfax, the “Voting Members”), as well as those local agencies that become signatories to this Agreement as Associate Members, and relates to the joint exercise of powers among all of the signatories hereto either as Voting Members or Associate Members (hereafter collectively referred to as the “Members”).

RECITALS:

A. Whereas, each of the Members has a vested interest in the economic well-being of its respective jurisdiction and the region as a whole as well as energy efficiency and clean energy growth and development;
B. Whereas, the Members desire to enter into this Agreement to provide for local control of energy resources, the adoption of programs to foster economic development, energy efficiency, and resource conservation, and to further define and describe the scope of powers to be exercised by the AuthorityPioneer; C. Whereas, the Members share various powers under California law, including but not limited to the power to aggregate electric load, to purchase and supply electricity for themselves and customers within their jurisdictions, and the power to enter into voluntary contractual assessments with property owners to provide financing for the installation of public and private improvements authorized within their jurisdictions;
D. Whereas, the purposes for entering into this restated Agreement include, but are not limited to:
1) Providing electric power and other forms of energy to customers at a competitive cost;
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2) Promoting long-term electric rate stability and energy security and reliability for residents through local control of electric generation resources and the overall power supply portfolio.
3) Carrying out programs to reduce energy consumption;
4) Stimulating and sustaining the local economy by developing local jobs in renewable energy; and
5) Reducing greenhouse gas emissions related to the use of electric power and other forms of energy in Placer County and neighboring regions; E. Whereas, it is the intent of this Agreement to promote the development and use of a wide range of energy sources and energy efficiency programs, including but not limited to hydroelectric, biomass, landfill gas, conversion of waste-to-energy, solar, and wind energy production;
F. Whereas, Pacific Gas and Electric and Liberty Energy are the investor owned providers of retail electric service throughout the Voting Member jurisdictions and a Community Choice Aggregator is authorized to aggregate electrical load served by such investor owned providers within its members’ jurisdiction. Each of the Voting Members must adopt an ordinance electing to implement through the AuthorityPioneer a common Community Choice Aggregation pursuant to California Public Utilities Code Sections 331.1(b) and 366.2(12)(A).¶ G. Whereas, on September 9, 2015 the County of Placer and the City of Colfax entered into the original Joint Exercise of Powers Agreement for the purpose of establishing the Sierra Valley Energy Authority as a joint powers authority under the Joint Exercise of Powers Act, Government Code Section 6500, et seq.; and ¶ H. Whereas, the Amended and Restated JPA became effective on February 22, 2017 and authorized the Cities of Auburn, Lincoln, Rocklin, and the Town of Loomis to become Voting Members of the Joint Exercise of Powers Agreement and established a Community Aggregation Program within the jurisdictions of the Voting Members; and¶
I. Whereas, Resolution No. 2017-3 of the Sierra Valley Energy Authority approved a name change from Sierra Valley Energy Authority to Pioneer Community Energy, as it is known today; and ¶
J. Whereas, Amendment No. 1 to the Amended and Restated JPA, which was approved by the Governing Board on December 27, 2020 and became effective March 9, 2021, authorized the County of El Dorado and the City of Placerville to become Voting Members; and ¶
K. Whereas, Amendments No. 2 through 4 to the Amended and Restated JPA made certain changes to the Amended and Restated JPA; and¶
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L. Whereas, Amendment No. 5 to the Amended and Restated JPA, which was approved by the Governing Board on October 25, 2022 and became effective February 27, 2023, authorized the City of Nevada City and the City of Grass Valley as Voting Members; and ¶
M. Whereas, the Voting Members wish to amend and restate the Amended and Restated JPA to clean up and streamline the Agreement.

NOW THEREFORE, in consideration of the mutual promises, covenants and conditions herein, the Members hereto agree to establish a joint powers authority as follows:

Section 1. Authority for this Joint Exercise of Powers Agreement This Agreement is made pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (commencing with Section 6500) relating to the joint exercise of power common to the counties and public agencies and other powers specified therein (hereinafter the “Act”). Under Sections 6505 and 6507 of the Act, the AuthorityPioneer is a public agency separate from its Members. As provided by Section 6508.1 of the Act, and Section 12 hereof the debts, liabilities or obligations of the AuthorityPioneer shall not be the debts, liabilities or obligations of the individual Members, unless the governing body of a Member agrees in writing to assume any of those debts, liabilities or obligations.

Section 2. Purpose of Agreement
The purpose of this Agreement is to establish an independent public agency in order to exercise powers common to the Members and other powers granted to the AuthorityPioneer under the Act, to study, promote, develop, conduct, operate, and manage energy, energy efficiency and conservation, and other energy-related programs, to exercise all other powers necessary and incidental to accomplishing these purposes, and to provide a Community Choice Aggregation (hereinafter “CCA”) Program, pursuant to California Public Utilities Code Sections 331.1 and 366.2, and as further described in Section 10.

Without limiting the generality of the foregoing, the Members also intend for this Agreement to be used as a mechanism by which Voting Members and non-voting Associate Members may authorize the AuthorityPioneer to provide Property Assessed Clean Energy (“PACE”) Programs pursuant to Chapter 29 of the Improvement Bond Act of 1911, Division 7 of the California Streets and Highways Code (“Chapter 29”). The AuthorityPioneer may provide PACE Programs pursuant to Chapter 29 within the boundaries of each Voting Member as set forth in Section 10(C) herein, and within the boundaries of each non-voting Associate Member as set forth in Sections 16 herein. The Members intend that other agreements with Associate Members shall define the terms and conditions associated with the implementation of the CCA Program, the PACE Program, and any other energy programs approved by the AuthorityPioneer within the -4-
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territorial jurisdiction of such Associate Members. As of the Effective Date of this Agreement, the Associate Members include the County of Nevada, County of Sacramento, City of Grass Valley, City of Folsom, City of Nevada City and Town of Truckee.

Section 3. Effective Date and Term
This Agreement shall be effective as ana second amendment and restatement of the Original Agreement, and the AuthorityPioneer shall continue to exist as a separate public agency under the terms of this Agreement upon executionafter approval and signature of the Second Amended and Restated Agreement by the County of PlacerNew Members and after the City of ColfaxCalifornia Public Utilities Commission certifies the Implementation Plan filed by Pioneer to include the New Members. This Agreement shall be in full force and effect until terminated in the manner herein provided, subject to the rights of the Members to withdraw from the AuthorityPioneer.

Section 4. Powers
The AuthorityPioneer shall have all powers common to the Members, and such additional powers accorded to it by law, including the power to develop and implement comprehensive energy and resource development and conservation programs, as described herein. Unless state or federal law provides otherwise, any facilities, buildings or structures located, constructed, or caused to be constructed by the AuthorityPioneer within the territory of the AuthorityPioneer shall comply with the General Plan, zoning and building laws of the local jurisdiction within which the facilities, buildings or structures are constructed and comply with the California Environmental Quality Act (CEQA). As required by Government Code Section 6509, the power of the AuthorityPioneer is subject to the restrictions upon the manner of exercising power possessed by the City of Colfax.

The AuthorityPioneer is authorized, in its own name, to exercise all powers and do all acts necessary and proper to carry out the provisions of this Agreement and fulfill its purposes, including, but not limited to, each of the following powers, subject to the voting requirements set forth in Section SC5C and Section 8:

A. to make and enter into contracts;
B. to employ agents and employees, including but not limited to an Executive Director;
C. to acquire, contract, manage, maintain, and operate ally buildings, infrastructure, works, or improvements;
D. to acquire property by eminent domain, or otherwise, except as limited under Section 6508 of the Act, and to hold or dispose of any property; E. to lease any property;
F. to sue and be sued in its own name;
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G. to incur debts, liabilities, obligations and to issue bonds, and to make and enter into agreements and other documents of any nature whatsoever as may be necessary or convenient in the exercise of the powers provided under the Marks-Roos Local Bond Pooling Act of 1985, as amended, and other provisions of California law that authorize public agencies to issue bonds and incur indebtedness, including but not limited to loans from private lending sources pursuant to its temporary borrowing powers such as Government Code Sections 53850 et. seq.;
H. to form subsidiary or independent corporations or entities, if necessary to carry out energy supply and energy conservation programs and to take advantage of legislative or regulatory changes;
I. to deposit its money pursuant to Section 6505.5 of the Act and to invest its money which is not required for the immediate use of the AuthorityPioneer, as the AuthorityPioneer determines is advisable in the same manner and upon the same conditions as local agencies, pursuant to Section 53635 of the California Government Code;
J. to apply for, accept, and receive all licenses, permits, grants, loans or other aids from any federal, state, or local public agency;
K. to submit documentation and notices, register, and comply with orders, tariffs and agreements for the establishment and implementation of the CCA Program and other energy programs;
L. to adopt rules, regulations, policies, bylaws and procedures governing the operation of the AuthorityPioneer (“Operating Rules and Regulations”); M. to establish and operate a CCA program, and make and enter into service agreements relating to the provision of services necessary to plan, implement, operate and administer the CCA Program, including the acquisition of electric power supply and the provision of retail and regulatory support services; N. to establish and operate one or more PACE programs pursuant to Chapter 29, and to enter into one or more agreements, including without limitation, participation agreements, implementation agreements and joint powers agreements and amendments thereto to fulfill such programs both within and outside the jurisdictional boundaries of the AuthorityPioneer;
O. O to establish a non-voting “Associate Member” status that provides membership in the AuthorityPioneer to jurisdictions that are outside jurisdictional boundaries of the AuthorityPioneer’s Voting Members, but within whose boundaries a PACE, CCA, or other energy program is established and implemented by the AuthorityPioneer on behalf of the Associate Member. Said jurisdictions shall adopt one or more agreements (a “PACE Agreement”, “CCA Agreement”, or other energy program agreement, as applicable) on terms and conditions established by the AuthorityPioneer. The rights of Associate Members -6-
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shall be limited solely to those terms and conditions expressly set forth in the PACE Agreement, CCA Agreement or other energy program agreement for the purposes of implementing the PACE Program, CCA Program or other energy program, respectively, within the jurisdictional boundaries of the Associate Member. Except as expressly provided for by the PACE Agreement, CCA Agreement or other energy program agreement, Associate Members shall not have any rights otherwise granted to AuthorityPioneer Members by this Agreement, including but not limited to the right to vote, the right to amend this Agreement and the right to sit on committees or boards established under this Agreement;
P. to execute agreements for the purpose of authorizing the AuthorityPioneer to implement, manage and administer area-wide and regional programs in the interest of providing energy supply, development of energy generation, energy efficiency, resource conservation, local public welfare and other economically related energy programs. The costs incurred by the AuthorityPioneer in implementing a program, including indirect costs, shall be costs of the AuthorityPioneer and shall not be assessed to the Members, unless approved by the Governing Body of the Member.

Section 5. Governance and Internal Organization
A. Governing Board. The governing body of the AuthorityPioneer shall consist of up to a eleven (11) person Board, consisting of two (2) members of the Placer County Board of Supervisors, and one (1) member each for all other Voting Members, appointed respectively by the El Dorado County Board of Supervisors, the Cities of Auburn, Colfax, Grass Valley, Rocklin, Lincoln, Nevada City, Placerville and the Town of Loomiseach Voting Member that is or becomes a signatory to this Agreement (“Board Member”). The total number of Board Members shall equal the total number of Voting Members listed in Exhibit A plus one (1).

The BoardBoards of Supervisors from Placer County, the Board of Supervisors from El Dorado County, and the City/, City Councils and Town Councils set out aboveof the Voting Members listed in Exhibit A shall respectively appoint such member(s) set out above and not less than one alternate member per Board Member. The term of office of each Board Member and respective alternate may be terminated at any time by the appointing Board of Supervisors or, City/ Council or Town Council. The designated alternate shall have authority to attend, participate, and vote at any meeting of the Board whenever the regular member, for whom they are designated to act as an alternate, is absent from the meeting.

B. Quorum. The majority of the members of the Board shall constitute a quorum.

No action may be taken by the Board unless a quorum is present, except that less than a quorum may adjourn a meeting from time to time.
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C. Powers and Function of Board. The Board will exercise governance, policy guidance and oversight over the business and activities of the AuthorityPioneer, consistent with this Agreement and applicable law. Action by the AuthorityUnless otherwise specified in Section 8, action by Pioneer Board will be taken by majority vote of the Board Members present.

F. Meetings. All meetings of the Board shall be held subject to the provisions of the Ralph M. Brown Act, Division 2, Chapter 9 of the California Government Code (hereafter, the “Brown Act”). The Board shall hold at least four regular meetings per year, but the Board may provide for the holding of regular meetings at more frequent intervals. The date, hour and place of each regular meeting shall be fixed by resolution or ordinance of the Board. Regular meetings may be adjourned to another meeting time. Special meetings of the Board may be called in accordance with the provisions of California Government Code Section 54956. Directors may participate in meetings telephonically, with full voting rights, only to the extent permitted by law.

G. Bylaws. The Board shall adopt bylaws for the conduct of business that shall not be inconsistent with the provisions of this Agreement, and the laws of the State of California.

H. Board Member Compensation. Board Members shall serve without compensation from the AuthorityPioneer. However, Board Members may be compensated by their respective appointing authorities. The Board, however, may adopt by resolution a policy relating to the reimbursement by the AuthorityPioneer of expenses incurred by Board Members.

Section 6. Executive Director and Other Staff
A. Executive Director. The Board shall appoint an Executive Director for the AuthorityPioneer, who shall be responsible for the day-to-clay operation and management of the AuthorityPioneer. The Executive Director may exercise all powers of the AuthorityPioneer, except the powers specifically set forth in Section 4, or those powers that by law must be exercised by the Board. The Executive Director shall hire and supervise any AuthorityPioneer employees or consultants.

B. Executive Director Reports to the Board. The Executive Director shall prepare, no later than the 20th day of each first month of each fiscal quarter, a report to the Board on the operations of the AuthorityPioneer during the preceding fiscal -8-
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quarter. The Bylaws shall specify the information to be included in the Executive Director’s reports.¶
C. Services Providers. The Executive Director may appoint one or more services providers to serve as the AuthorityPioneer’s agent(s) for planning, implementing, operating and administering the PACE Program, the CCA Program, and any other program approved by the Board, in accordance with the provisions of a written agreement between the AuthorityPioneer and the appointed administrative services provider or providers (a “Services Agreement”). The appointed services provider may be one of the Voting Members. A Services Agreement shall set forth the terms and conditions by which the appointed administrative services provider shall perform or cause to be performed all tasks necessary for planning, implementing, operating and administering the PACE Program, the CCA Program and other approved programs. The Services Agreement shall set forth the term of the Agreement and the circumstances under which the Services Agreement may be terminated by the AuthorityPioneer. This section shall not in any way be construed to limit the discretion of the AuthorityPioneer to hire its own employees to administer the PACE Program, the CCA Program or any other program.

D. Independent Monitor. The Board may appoint or contract for the services of an independent monitor to review programs operated by the AuthorityPioneer and to report to the Board.

Section 7. Treasurer and Auditor-Controller
The Governing Board shall appoint a Treasurer for the AuthorityPioneer. The Treasurer shall be the depository of the AuthorityPioneer and shall have all of the duties and responsibilities specified in Section 6505.5 of the Act. The duties and obligations of the Treasurer are further specified in Section 9. The Governing Body shall appoint an Auditor-Controller for the AuthorityPioneer in compliance with the Act. The Auditor-Controller of the AuthorityPioneer shall make or contract with a certified public accountant to cause an annual audit in compliance with Section 6506 of the Act. The authorityPioneer of the Board to appoint a Treasurer and Auditor/Controller shall include the authorityPioneer to combine both offices to be held by one officer or employee pursuant to section 6505.6 of the Act. -9-
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Section 8. Special Voting Requirements and Voting Shares A. Involuntary Termination or Amendment. Action of the Board on the matters set forth in Section 1415A (involuntary termination of a Member), or Section 18 (amendment of this Agreement) shall require the affirmative vote of at least two-thirds of the Board Members; provided, however, that for votes to involuntarily terminate a Member under Section 14A, the Board Member(s) for the Member subject to involuntary termination may not vote, and the number of Board Members constituting two-thirds of all Board Members shall be recalculated as if the Voting Member subject to possible termination were not a Voting Member.¶
B. Amendment. Action of the Board on matters set forth in Section 19 (amendment of this Agreement) shall require an affirmative vote of at least two-thirds of the Board members.

C. B. Eminent Domain. A decision to exercise the power of eminent domain on behalf of the AuthorityPioneer to acquire any property interest other than an easement, right-of-way, or temporary construction easement shall require a vote of at least two-thirds of all Board Members.

D. C. Contributions by Members. The imposition on any Member of any obligation to make contributions or pledge assets as a condition of continued participation in the PACE Program, the CCA Program, or other energy programs shall require a vote of at least two-thirds of all Board Members and the approval of the governing boards of the Members and Associate Members who are being asked to make such contribution or pledge.

Section 9. Financial Provisions
A. Fiscal Year. For the purposes of this Agreement, the AuthorityPioneer shall have such fiscal year from July 1 to and including the following June 30.

B. Depository. All funds of the AuthorityPioneer shall be held in separate accounts in the name of the AuthorityPioneer and not commingled with funds of any Member or any other person or entity. All funds of the AuthorityPioneer shall be strictly and separately accounted for, and regular reports shall be rendered of all receipts and disbursements, at least quarterly during the fiscal year. The books and records of the AuthorityPioneer shall be open to inspection by the Members at all reasonable times, The Board shall contract with a certified public accountant to make an annual audit of the accounts and records of the AuthorityPioneer, which shall be conducted in accordance with the requirements of Section 6505 of the Act.

C. Expenditures. All expenditures shall be made in accordance with the approved budget and upon the approval of any officer so authorized by the Board in accordance with its Operating Rules and Regulations. The Treasurer shall draw -10-
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checks or warrants or make payments by other means for claims or disbursements not within an applicable budget only upon the prior approval of the Board.

D. Budget. The initial budget shall be approved by the Board. The Board may revise the budget from time to time through an AuthorityPioneer Document as may be reasonably necessary to address contingencies and unexpected expenses.

All subsequent budgets of the AuthorityPioneer shall be approved by the Board in accordance with the Operating Rules and Regulations.

E. Funding of Initial Costs. The County of Placer has funded certain activities necessary to implement the CCA Program. If the CCA Program becomes operational, these initial costs paid by the County of Placer shall be included in the customer charges for electric services as provided by Section 14 to the extent permitted by law, and the County of Placer shall be reimbursed from the payment of such charges by customers of the Authority. Prior to such reimbursement, the County of Placer shall provide such documentation of costs paid as the Board may request. In the event that the CCAThese costs were repaid in full when the CCAP Program does not becomebecame operational, the County of Placer shall not be entitled to any reimbursement of the initial costs it has paid from the Authority or any Member.

F. CCA Program Costs. The Members desire that all costs incurred by the AuthorityPioneer that are directly or indirectly attributable to the provision of electric, conservation, efficiency, incentives, financing, or other services provided under the CCA Program, including but limited to the establishment and maintenance of various reserves and performance funds and administrative, accounting, legal, consulting, and other similar costs, shall be recovered through charges to CCA customers receiving such electric services, or from revenues from grants or other third-party sources.

Section 10. Implementation Action and AuthorityPioneer Documents A. Each Member shall adopt an ordinance or resolution in accordance with Public Utilities Code Section 366.2(c)(12) for the purpose of specifying that the Member intends to implement a CCA Program by and through its participation in the AuthorityPioneer.

B. Each Member that wishes to participate in the CCA Program shall adopt a resolution expressing its desire to become a Member to this Agreement, and its intention to have the territory of the Member’s jurisdiction included in the service territory of the CCA.

Execution by such New Voting Member of this Agreement shall also serve to authorize AuthorityPioneer to take each step required for it to provide contractual assessment financing for the Improvements, including the levying, collecting and enforcement of contractual assessments to finance the Improvements and the issuance and enforcement of bonds and other financing instruments to represent and be secured by such contractual assessments. The New Voting Members shall not be required to adopt a PACE Agreement and shall not be subject to the rights and obligations set forth therein, but shall instead, upon becoming Voting Members hereunder, be subject to the rights and obligations expressly set forth herein.

The AuthorityPioneer may additionally provide PACE Programs pursuant to Chapter 29 within the boundaries of non-voting Associate Members, as described further in Section 16 herein.

D. Implementation Plan and Statement of Intent. The AuthorityPioneer shall cause to be prepared an Implementation Plan and Statement of Intent meeting the requirements of California Public Utilities Code Section 366.2 and any applicable California Public Utilities Commission regulations. The Implementation Plan and Statement of Intent shall specify the service territory of the CCA to be within the boundaries of the Member jurisdictions that have taken the actions specified in A and B above. The Implementation Plan and Statement of Intent shall not be filed with the California Public Utilities Commission until it is approved by the Board in the manner provided by Section 5.

If a City or County adopts an ordinance and resolution pursuant to A and B above, expressing its desire to become a Member to this Agreement subsequent to the filing of the then most recently filed Implementation Plan and Statement of Intent, the Board shall direct the preparation and filing of a new or amended Implementation Plan and Statement of Intent to include the territory of the County or City as soon as reasonably practicable. The Board may require the County or City to pay the cost of preparation and submission of the Implementation Plan and Statement of Intent. Upon California Public Utilities Commission certification of the new or amended Implementation Plan and Statement of Intent, the Board shall take an action to approve the membership of the County or City. The County or City shall then be entitled to all rights under this Agreement, including a seat on the Board and voting rights pursuant to Section 5.A and Section 8.

E. Termination of CCA and PACE Program. Nothing contained in this Article or this Agreement shall be construed to limit the discretion of the AuthorityPioneer -12-
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to terminate the implementation or operation of the CCA or the PACE Program at any time in accordance with any applicable requirements of state law.

F. AuthorityPioneer Documents. The Members acknowledge and agree that the affairs of the AuthorityPioneer will be implemented through various documents duly adopted by the Board through Board resolution. The Members agree to abide by and comply with the terms and conditions of all such documents that may be adopted by the Board, subject to the Members’ right to withdraw from the AuthorityPioneer as described in Section 14.

Section 11. Records and Reports
The Board shall establish reporting requirements and direct staff to maintain such reports, including, but not limited to, funds and accounts as may be required by good accounting practice or by law. All books and records of the AuthorityPioneer shall be open to inspection at all reasonable times by any Member to this Agreement or its representatives. Annual audits of the AuthorityPioneer’s accounts and records shall be made by an independent CPA firm, and reports shall be filed in the manner provided in Section 6505 of the California Government Code.

Section 12. Debts, Liabilities and Obligations
The AuthorityPioneer is a public agency separate from the Members. Pursuant to Sections 6508.1 of the Act, the debts, liabilities or obligations of the AuthorityPioneer shall not be debts, liabilities or obligations of the individual Members unless the governing board of a Member agrees in writing to assume any of the debts, liabilities or obligations of the AuthorityPioneer. A Member who has not agreed to assume an Authoritya Pioneer debt, liability or obligation shall not be responsible in any way for such debt, liability or obligation even if a majority of the Members agree to assume the debt, liability or obligation of the AuthorityPioneer. Should any debt, liability or obligation of the AuthorityPioneer not be waived or allowed payable through assets of the AuthorityPioneer, none of the County or City members shall be liable, except as provided by Government Code sections 895 through 895.8.

Section 13. Insurance and Indemnity
The AuthorityPioneer shall acquire and maintain such insurance coverage as is necessary to protect the interests of the AuthorityPioneer, the Members, and the public. The insurance shall also contain a written endorsement to such policy or policies, which names each of the [Voting Members] as additional insureds. The AuthorityPioneer shall defend, indemnify, and hold harmless the Members, and each of their respective Board or Council members, officers, agents and employees, from any and all claims, losses, damages, costs, injuries, and liabilities of every kind arising directly or indirectly from the conduct, activities, operations, acts, and omissions of the AuthorityPioneer under this Agreement.

Section 14. Withdrawal
A. Right to Withdraw by Voting Member. A Voting Member may withdraw its participation in the CCA Program, effective as of the beginning of the AuthorityPioneer’s fiscal year, by giving no less than 12 months advance written -13-
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notice of its election to do so, which notice shall be given to the AuthorityPioneer and each Voting Member. Withdrawal of a Voting Member shall require an affirmative vote of its governing board.

B. Right to Withdraw By Voting Member After Amendment. Notwithstanding Section 14A, a Voting Member may withdraw its membership in the AuthorityPioneer following an amendment to this Agreement adopted by the Board which the Board Member appointed as the representative of a Voting Member voted against provided such notice is given in writing within thirty (30) days following the date of the vote. Withdrawal of a Member shall require an affirmative vote of its governing board and shall not be subject to the twelve month advance notice provided in Section 14A. In the event of such withdrawal, the Member shall be subject to the provisions of Section 15B.

C. Continuing Liability; Further Assurances. A Voting Member that withdraws its participation in the CCA Program may be subject to certain continuing liabilities, as described in Section 15B. The withdrawing Voting Member and the AuthorityPioneer shall execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, as determined by the Board, to effectuate the orderly withdrawal of such Voting Member from participation in the CCA Program.

D. Withdrawal of Associate Member. The rights of an Associate Member to withdraw from the AuthorityPioneer shall be governed by the applicable PACE Agreement or CCC Agreement.

The written notice of proposed termination shall specify the particular provisions of this Agreement or other agreement that the Member has allegedly violated.

B. Continuing Liability; Refund. Upon a withdrawal or involuntary termination of a Member, the Member shall remain responsible for any claims, demands, damages, or liabilities arising from the Member’s membership or participation in -14-
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the CCA Program through the date of its withdrawal or involuntary termination, it being agreed that the Member shall not be responsible for any liabilities arising after the date of the Member’s withdrawal or involuntary termination. Claims, demands, damages, or liabilities for which a withdrawing or terminated Member may remain liable include, but are not limited to, losses from the resale of power contracted for by the AuthorityPioneer to serve the Member’s load. With respect to such liability, upon notice by an Member that it wishes to withdraw from the program, the AuthorityPioneer shall notify the Member of the minimum waiting period under which the Member would have no costs for withdrawal if the Member agrees to stay in the CCA Program for such period. The waiting period will be set to the minimum duration such that there are no costs transferred to remaining ratepayers. If the Member elects to withdraw before the end of the minimum waiting period, the charge for exiting shall be set at a dollar amount that would offset actual costs to the remaining ratepayers, and may not include punitive charges that exceed actual costs. In addition, such Member also shall be responsible for any costs or obligations associated with the Member’s participation in any program in accordance with the provisions of any agreements relating to such program provided such costs or obligations were incurred prior to the withdrawal of the Member. The AuthorityPioneer may withhold funds otherwise owing to the Member or may require the Member to deposit sufficient funds with the AuthorityPioneer, as reasonably determined by the AuthorityPioneer and approved by a vote of the Board, to cover the Member’s liability for the costs described above. Any amount of the Member’s funds held on deposit with the AuthorityPioneer above amounts not required to pay any liabilities or obligations shall be returned to the Member. The liability of any Member under this section 15B is subject and subordinate to the provisions of Section 12, and nothing in this section 15B shall reduce, impair, or eliminate any immunity from liability provided by Section 12.

C. Mutual Termination. This Agreement may be terminated by mutual agreement of all the Voting Members; provided, however, the foregoing shall not be construed as limiting the rights of a AssociateVoting Member to withdraw its participation in the CCA Program, as described in Section 14A.

D. Disposition of Property upon Termination of AuthorityPioneer. Upon termination of this Agreement, any surplus money or assets in possession of the AuthorityPioneer for use under this Agreement, after payment of all liabilities, costs, expenses, and charges incurred under this Agreement and under any program documents, shall be returned to the then-existing Voting Members in proportion to the contributions made by each. If no such contributions have been made, then such surplus after payment of all liabilities, costs, expenses, and charges shall be distributed to each Voting Member based on Annual Energy Use Divided by Total Annual Energy, multiplied by 100. “Annual Energy Use” means the annual electricity usage, expressed in kilowatt hours (“kWh”) within the Voting Member’s respective jurisdiction, and “Total Annual Energy” means the sum of all the Members Annual Energy Use. All measures of kilowatt hours shall be set using the electric load forecast upon which the current annual budget was -15-
13065-0001\2852296v7.doc
based. If a Member has more than one Board Member, the distribution will be made pursuant to the above calculation as it relates to the respective jurisdiction.

Section 16. Associate Members
A. With the approval of the Board, any qualified public agency (as defined by Section 6500 of the JPA law) may become a non-voting Associate Member of this Agreement for purposes of participating in the CCA Program. A public agency requesting such membership may apply by presenting to the AuthorityPioneer a resolution of the public agency approving of this form of participation.

Section 17. Termination of Powers
The AuthorityPioneer shall continue to exercise the powers herein conferred upon it until termination of this Agreement, and thereafter shall continue to exercise only such powers as to enable it to pay and discharge all costs, expenses, and charges legally incurred hereunder, and to dispose of, divide and distribute any property required as a result of the joint exercise of such powers.

Section 18. Disposition of Assets; Property and Money
Upon termination of this Agreement under Section 1415, all costs, expenses, and charges legally incurred by the AuthorityPioneer shall be paid and discharged; and the AuthorityPioneer shall sell such property as may be necessary and shall distribute to the federal or State government such property and funds as are lawfully required; the balance of such property and any surplus -16-
13065-0001\2852296v7.doc
money on hand shall be distributed or returned in proportion to contributions made by the affected Members except to the extent otherwise agreed upon by the affected Members.

Section 19. Amendments
This Agreement may notonly be amended except by a written amendment approved by a vote of Board membersMembers as provided in Section 8. The AuthorityAmendments to Section 4 of this Agreement, and the addition of new Voting Members shall also be separately approved by a duly adopted resolution of the governing board of each Member. Pioneer shall provide written notice to all Members of amendments to this Agreement, including the effective date of such amendments, at least 30 days prior to the date upon which the proposed amendment is being considered by the Board votes on such amendments. Any. If the proposed amendment required to add a new Voting Member shall only be executed by the Voting Members. Any amendment required to add a new Associate Member shall only be executedis adopted by the new Associate Member andBoard, the Authority shall provide prompt written notice to all Members of the effective date of such amendment along with a copy of the amendment.

This Agreement may not be modified, changed, supplemented or terminated, nor may any obligation under this Agreement be waived, except as provided in Section 19.

Section 22. Counterparts and Effective Date
This Agreement may be executed in counterparts and be as valid and binding as if each Member signed the same copy. A faxed copy of the executed signature page shall be sufficient to cause the terms of this Agreement to become fully operative. The effective date of the Agreement shall be the date the second member has executed the Agreement, WITNESS THE AGREEMENT HEREOF the date set opposite our respective entities:¶ -17
-
13065-0001\2852296v7.doc
-18-
13065-0001\2852296v7.doc
¶
CITY OF ROCKLIN, a Municipal Corporation¶
¶
EXECUTED ON ¶
By: ¶
Mayor, ¶
¶
Exhibit A¶
Voting Members and Associate Members¶
¶
Section A.1 Voting Members ¶
City Councilof Auburn¶
¶
And approved as to form:¶
¶
City Attorneyof Colfax¶
¶
ATTEST:¶
¶
City Clerkof Grass Valley ¶
¶
-19-
13065-0001\2852296v7.doc
¶
TOWN OF LOOMIS, a Municipal Corporation¶
¶
EXECUTED ON ¶
By: ¶
Mayor, ¶
City of Lincoln¶
City of Nevada City¶
City of Placerville¶
City of Rocklin¶
County of El Dorado¶
County of Placer¶
Town of Loomis¶
¶
And approved as to form:¶
¶
¶
Town Attorney¶
¶
ATTEST:¶
¶
¶
Town Clerk¶
¶
-20-
13065-0001\2852296v7.doc
¶
CITY OF LINCOLN, a Municipal Corporation¶
¶
EXECUTED ON ¶
By: ¶
Peter Gilbert, Mayor¶
¶
And approved as to form:¶
¶
¶
Mona Ebrahirni, ¶
Section A.2 Associate Members¶
City Attorneyof Folsom¶
¶
ATTEST:¶
¶
¶
Gwen Scanlon, City Clerk¶
County of Sacramento¶
Town of Truckee
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Staff Report – Item 5
To: The Governing Board
From: Gina Stassi-Vanacore, Director of Public Affairs, Marketing & Programs Item 5: Nevada City and Grass Valley Expansion Update
Date: 11/16/2023

ACTION REQUESTED
Receive an update on the public outreach and marketing activities for expansion into Nevada City and Grass Valley by Pioneer Community Energy (“Pioneer”) beginning January 1, 2024.

RECOMMENDATION
There is no recommendation in this report.

BACKGROUND
At the June 15, 2023, Governing Board meeting, the Board identified public outreach and education as important components for increasing community understanding of the benefits of Community Choice Aggregators (“CCAs”) in general and Pioneer specifically. The Board determined that increased outreach and communications was necessary to ensure a successful launch of service into an additional territory, particularly Grass Valley and Nevada City in January 2024.

ANALYSIS & DISCUSSION
A comprehensive communications plan, including pre-launch communications activities for expansion, was developed. Staff is working diligently to implement the go-to-market plans using a diverse mix of communications tactics, with emphasis placed on having a presence at events, identifying opportunities for outreach and education in expansion territories and the communities already Pioneer serves, and utilizing a variety of paid media.

Expansion efforts include:
• Planned, promoted and conducted Town Hall meetings in Grass Valley and Nevada City • Presentation to the Nevada City Merchants’ Association • Community meeting at the Grass Valley Veterans’ Memorial Building • Presentations to the Grass Valley and Nevada City Rotary Clubs • Presentations to faith-based organizations
• Participation in radio interviews, including a 30-minute segment on KVMR • Article placement in local newsletters, including the Nevada City Chamber of Commerce and City of Nevada City newsletter
• Series of direct mail pieces to educate, inform, and answer questions about Pioneer and the January launch of service
• Launched paid social media, digital media, and radio campaigns targeted to Grass Valley and Nevada City • Release the first required regulatory mailer (60-Day Notice) The availability of information and person-to-person contact has been very beneficial in connecting with expansion communities and affirming Pioneer’s commitment to transparency and community partnership.

Feedback from meetings has been used to create and refine messages about the issues Nevada City and Grass Valley care about most. We anticipate a strong participation rate and minimal challenges related to expansion in Grass Valley and Nevada City compared to the El Dorado County expansion.

Plf)NEER

COMMUNITY ENERGY
Agenda Item: 5 Agenda Date: 11/16/2023

Page 2 of 2 ends

Paid social, digital, print, and radio ads launched in August. In September, staff reviewed and refined further plans for a comprehensive paid media effort targeted to both existing and expansion territories. JSR Strategies, Pioneer’s contracted marketing firm, has reserved advertising space, and creative production is well underway.

The current campaign timeline runs from August through March. As such, it remains too early to evaluate the overall effectiveness of communications efforts in expansion territories. Service in expansion territories is yet to launch, and time is needed to reserve, create and execute an ongoing paid advertising campaign. Campaigns will be closely monitored and adjusted as needed based on early results, and a campaign summary will be presented upon its conclusion.

STRATEGIC PLAN
This report supports the Local Engagement priority.

FISCAL IMPACT
Costs associated with outreach and presentations are staff time already built into the budget.

Costs associated with the direct mail campaign to support expansion efforts are estimated at $20,000, which includes purchase of current USPS postal records, printing, and mailing for a series of three mailers.

Costs associated with paid advertising related to expansion are estimated at $100,000 to date, with further advertising planned through March of 2024.

Creative design fees are quantified through our existing contract with JSR.

ATTACHMENTS

1. Mailer 1 (Coming Soon) to Grass Valley and Nevada City addresses

2. Mailer 2 (Choice and Green100) to Grass Valley and Nevada City addresses

3. Mailer 3 (Commonly Asked Questions) to Grass Valley and Nevada City addresses Plf)NEER

COMMUNITY ENERGY
2510 Warren Dr., Su ite B
Rock lin, CA 95677
Understand your electricity
savings with Pioneer.

Call (916) 758-8969
with questions.

Plf)NEER

COMMUNITY ENERGY
Soon, you'll have a choice in energy
options with Pioneer Community Energy!
To meet the call for stable, more affordable electricity rates and create options fm cleaner energy, Grass Valley and Nevada City leaders recently decided to join Pioneer Community Energy. In partnering with Pioneer, area residents and businesses now have a choice they have not had in more than 100 years: an alternative to PG&E.

Your Power Your Choice.

PRSRT STD

US POSTAGE PAID

MAILED FROM
ZIP CODE 95799
PERMIT NO. 2094
We're Excited to Meet
You and Make Your
Priorities Our Priorities
Pioneer is a locally owned not-for-profit electricity provider, powering the unincorporated regions of Placer and El
Dorado counties and the incorporated areas of Auburn,
Colfax, Lincoln, Placerville, Rocklin and Loomis.

Effective January 2024, Grass Valley and Nevada City
homes and businesses will be automatically enrolled in
Pioneer's service.

This choice helps customers save money, supports local
economic development, and offers an exclusive 100%
renewable energy option for customers who choose it.

Since our beginning in 2018, we have saved our customers $85 million - and those savings are reinvested in the
communities we serve.

Pioneer presents an outstand ing alternative to PG&E. We operate for the benefit of the communities we serve - not to enrich corporate shareholders. With a Board of Directors that is composed of local leaders and a Community
Advisory Committee with customers from throughout
the region, our customers have a voice in shaping the
programs created to meet unique community needs.

Please take a moment to review the information
in this mailer. Our team is ready to answer any
questions you may have and can be reached at
[email protected].

Lindsay Arfsten
·we appreciate Pioneer partnering
with the Auburn Senior Center to
provide our seniors with in-person
workshops so that they can
understand their utility bills and
reduce their electricity costs."
Executive Director, Auburn Senior Center
Plf)NEER

COMMUNITY ENERGY
2510 warren Dr., Suite B
Rockl in, CA 95677
Soon, you'll have a choice in
energy options with Pioneer
Community Energy!
Plf)NEER

COMMUNITY ENERGY
We're Excited to Meet You and
Make Your Priorities Our Priorities
Learn more about us
Your Power Your Choice.
2 PRSRT STD

US POSTAGE PAID

MAILED FROM
ZIP CODE 95799
PERMIT NO. 2094
Something good is
coming in January 2024
Starting in January 2024, locally owned, 11ot-for-profit Pioneer will provide your electricity at competitive rates. We are committed to
powering the communities we serve with
competitive rates, exceptional service and
a choice in energy options. Get to know our
benefits at PioneerCommunityEnergy.org.

We offer the only 100% renewable
energy option in the region
Pioneer Community Energy is pleased to offer
Green 100, the only 100% renewable energy option
for your home or business. Participation in the
Greenl00 plan is voluntary and affordable -
selecting this renewable energy option is easy.

Did you know that Green100 is more
affordable than PG&E's standard rates?
Compare Rates
Plf)NEER 'GREEN100 PG&E

STANDARD PIONEER

44.1% Renewable 100% Renewable 38.3% Renewable
$198.59 s205.67 s21a.24
average total electric bill average toto l electric b ill average total electric bill Based on average residential usage of 650 kWh per month Your Power. Your Choice.

We believe your power should be your choice.

If you have questions, we're happy to help.

Please contact your Pioneer customer service
team by calling our offices at (916) 758-8969.

Have Questions?
Our team is here to help you. You can
call us at (916) 758-8969, email us at
[email protected]
or visit our expansion website at
PioneerCommunityEnergy.org/expansion.

Listen to firsthand
testimonials from
our customers
Glen Kramer
Auburn Resident
Learn more about the process
from a solar customer.
"I added rooftop solar in
2012 ... I chose to remain with
Pioneer Community Energy ...

I save money on the power I
draw from the grid."
Plf)NEER

COMMUNITY ENERGY
2510 Warren Dr., Suite B
Rocklin, CA 95677
Welcome
to Pioneer!
Plf)NEER

COMMUNITY ENERGY
Pioneer Community Energy is becoming the electricity
provider for Grass Valley and Nevada City - committed to helping customers save money, supporting local economic development and offering an exclusive 100% renewable energy option for customers who choose it.

Your Power. Your Choice.

PRSRT STD

US POSTAGE PAID

MAILED FROM
ZIP CODE 95799
PERMIT NO. 2094
Frequently Asked Questions Plf)NEER

COMMUNITY ENERGY
How Does Pioneer Work for You?
~
Electricity Delivery Customer
Pioneer procures your energy. PG&E delivers energy, maintains As a customer of both Pioneer and lines and sends bills. PG&E, you get a choice in your power When Will My Service Begin?
Service begins in January on the day after PG&E reads your meter - which marks the first day of a new billing cycle.

Will My Home or Business
Be Enrolled in Pioneer?
Pioneer's service territory will cover all incorporated areas of Grass Valley and Nevada City. Pioneer is currently discussing with Nevada County the possibility of expanding our
service territory in the coming years. Please call Pioneer's office at (916) 758-8969 if you have questions.

Why Are Homes and Business
Automatically Enrolled?
California law requires auto-enrollment in CCA programs to ensure that all ratepayers have fair and equal access to the benefits of CCAs, including cost savings and a choice in energy options.
- competitive rates, energy options
and exceptional customer service.

What If I Have Solar?
Pioneer currently serves 40,000+ solar customers. When
your community enrolls in Pioneer, you will automatically be enrolled in our NEM program near your true-up date,
but you also can enroll early. Although the true-up process is different, Pioneer saves most solar customers money.

How Much Do You Pay for Net Surplus?
We pay a ½-cent premium per kWh for net surplus
compensation. This year alone, Pioneer paid $1.2 million to 5,600 customers.

Do I Get to Keep My Discount Programs Like
CARE, FERA and Medical Baseline?
Yes, and no action is required. Current CARE and FERA
program designations will automatically roll over to Pioneer.

If you want to verify this, give us a call at (916) 758-8969.

Have Questions? our team is here to help you.

You can call us at (916) 758-8969, email us at [email protected] or visit our expansion website at PioneerCommunityEnergy.org/expansion.

Page 1 of 2 ends

Staff Report – Item 6
To: The Governing Board
From: Eric Acedo, Sr. Financial Analyst
Item 6: Receive Quarterly Financial Reports Through September 2023 Date: 11/16/2023

RECOMMENDATION
Receive Quarterly Financial Reports through September 30, 2023.

BACKGROUND
The Year-To-Date (YTD) financial reports are produced by Maher Accountancy for Board member and management review. Although these reports are unaudited, they provide the most up-to-date financial data for Pioneer Community Energy. The mPOWER program accepted its last application August 2021 and mPOWER activity is now limited to the administering the outstanding mPOWER Bonds. Financials for the mPOWER program will be included in the audited year end reports. For September 2023, the financial reporting package includes the following reports for the CCA Fund only:
• Statement of Net Position (Balance Sheet) – Accounting of Assets, Liabilities and Net Position as of the reporting period end date for the CCA program.
• Statement of Revenues, Expenses, and Changes in Net Position (P&L) – Accounting of all revenues, expenses, and changes in net position on a YTD basis through the reporting period end date for the CCA program.
• Budget to Actuals – Comparison of budget to actuals on a YTD basis through the reporting period end date for the CCA program.

ANALYSIS & DISCUSSION
The table below shows the year-to-date budget-to-actuals summary for the first quarter (Jul – Sep) of FY 2023-

24. $ in Thousands FY 2023-24
YTD Budget
FY 2023-24
YTD Actuals
$ %
Energy Revenues 76,553 68,074 (8,479) -11.1%
Power Supply 57,145 50,477 (6,668) -11.7%
Contribution Margin $19,408 $17,597 ($1,811) -9.3%
Operating Expenses 3,763 2,654 (1,110) -29.5%
Debt Service and Other 138 (330) (467) -339.8%
Contribution to/(from) Net Position $15,507 $15,273 ($234) -1.5% Variance
(Under)/Over
Plf)NEER

COMMUNITY ENERGY
Agenda Item: 6 Agenda Date: 11/16/2023

Page 2 of 2 ends

Energy Revenues
The YTD actuals show $8.5 million, or 11.1%, less revenue than expected compared to the FY 2023-24 Budget.

The primary driver for this variance is lower customer demand than forecasted for the summer months. The lower revenue, however, is largely offset by reduced power supply costs.

Power Supply
The YTD actuals show $6.6 million less expense than expected compared to the FY 2023-24 Budget, a budget savings of 11.7%. Unused power supply resulting from reduced customer demand during the summer months was sold to CAISO which subsequently reduced the power supply costs. The energy market remains volatile and large swings in costs can occur at any time.

Operating Expenses
The YTD actuals show $1.1 million less expense than expected compared to the FY 2023-24 Budget, partially due to timing of the launch of programs. Operating expenses are not evenly distributed over the course of a fiscal year, and it is expected that this difference will moderate over the course of the year.

Debt Service and Other
The Debt Service actuals are in line with expectations, while interest earnings are exceeding expectations as both the cash position and interest rates continue to increase.

Contribution to Net Position and Reserves
The contribution to Net Position is currently in line with YTD budget expectations at nearly $15.4 million. While this is positive, unexpected weather events still pose a significant risk to Pioneer’s days of liquidity through the end of this fiscal year. The Reserve policy adopted during the Fall 2021 established a minimum cash liquidity target of 160 days and a 3-to-5-year timeline to achieve that target. Considering the adopted Fiscal Year 2023- 24 Budget and deducting for the discretionary additional term loan payment to principal, Pioneer’s days of liquidity increased from 107 days at June 30, 2023 to 125 days at September 30, 2023. The expectation, barring extreme weather events, is that Pioneer could achieve the minimum target of 160 days during fiscal year 2024-

25. STRATEGIC PLAN
Strategic Priority 5: Financial Stability & Strategic Growth

FISCAL IMPACT
The YTD change in net position through three months of the fiscal year is $15.4 million.

ATTACHMENTS

1. Financial Reports through September 30, 2023
1 ACCOUNTANTS’ COMPILATION REPORT
Management
Pioneer Community Energy
Management is responsible for the accompanying financial statements of the CCA Program of Pioneer Community Energy (a California Joint Powers Authority) which comprise the statement of net position as of September 30, 2023, and the related statement of revenues, expenses, and changes in net position for the period then ended in accordance with accounting principles generally accepted in the United States of America. We have performed a compilation engagement in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. We did not audit or review the accompanying statements nor were we required to perform any procedures to verify the accuracy or completeness of the information provided by management. Accordingly, we do not express an opinion, conclusion, nor provide any assurance on these financial statements.

Management has elected to omit substantially all of the disclosures and the statement of cash flows required by accounting principles generally accepted in the United States of America in these interim financial statements. Pioneer Community Energy’s annual audited financial statements include the note disclosures and statement of cash flows omitted from these interim statements. If the omitted disclosures and the statement of cash flows were included in these financial statements, they might influence the user’s conclusions about Pioneer Community Energy’s financial position, results of operations, and cash flows. Accordingly, these financial statements are not designed for those who are not informed about such matters.

We are not independent with respect to the Pioneer Community Energy because we performed certain accounting services that impaired our independence.

Maher Accountancy
San Rafael, CA
October 26, 2023
1101 Fifth Avenue, Suite 200 San Rafael, CA 94901 415 459 1249 mahercpa.com MAHER

ACCOUNTANCY
CCA Fund
ASSETS
Current assets
Cash and cash equivalents 23,904,284 $
Investments 44,004,840
Accounts receivable, net of allowance 25,115,763
Accrued revenue 11,092,803
Other receivables 3,589,831
Interest receivable 274,500
Prepaid expenses 19,483
Deposits 7,104,411
Total current assets 115,105,915
Noncurrent assets
Lease asset, net of amortization 1,421,238
Total noncurrent assets 1,421,238
Total assets 116,527,153

LIABILITIES
Current liabilities
Accrued cost of electricity 18,761,756
Accounts payable 483,669
Other accrued liabilities 437,580
Interest payable 22,770
Deposits 693,756
Note payable 661,490
Lease liability 77,370
Total current liabilities 21,138,391
Noncurrent liabilities
Note payable 6,435,772
Lease liability 1,546,152
Total noncurrent liabilities 7,981,924
Total liabilities 29,120,315

NET POSITION
Net investment (deficit) in capital assets (202,284)
Unrestricted net position 87,609,122
Total net position 87,406,838 $

PIONEER COMMUNITY ENERGY

STATEMENT OF NET POSITION
As of September 30, 2023

CCA FUND
See accountants' compilation report. 2
CCA Fund

OPERATING REVENUES
Electricity sales, net 66,847,088 $
Total operating revenues 66,847,088

OPERATING EXPENSES
Cost of electricity 49,250,319
Contract services 1,497,693
Staff compensation 899,223
Other operating expenses 252,124
Total operating expenses 51,899,359
Operating income (loss) 14,947,729

NONOPERATING REVENUES (EXPENSES)
Interest and investment returns 559,814
Interest and financing expense (86,112)
Nonoperating revenues (expenses), net 473,702
CHANGE IN NET POSITION 15,421,431
Net position at beginning of period 71,985,407
Net position at end of period 87,406,838 $

PIONEER COMMUNITY ENERGY
Three Months Ended September 30, 2023

AND CHANGES IN NET POSITION

STATEMENT OF REVENUES, EXPENSES

CCA FUND
See accountants' compilation report. 3
Participation Rates – September 2023
Participation Rate by TOT July 2023 August 2023 September 2023 AUBURN INC 85.60% 85.59% 85.51%
COLFAX INC 88.58% 88.42% 88.26%
LINCOLN INC 82.90% 82.77% 82.76%
LOOMIS INC 88.28% 88.11% 88.13%
PLACERVILLE INC 87.52% 87.11% 86.97%
ROCKLIN INC 90.92% 90.84% 90.85%
UNINC EL DORADO CO 81.38% 81.02% 80.90%
UNINC PLACER CO 85.14% 85.07% 85.08%
Grand Total 84.54% 84.33% 84.28%
4 Plf)NEER

COMMUNITY ENERGY
5 ACCOUNTANTS’ COMPILATION REPORT
Board of Directors
Pioneer Community Energy
Management is responsible for the accompanying special purpose budgetary comparison schedule for the CCA Program of Pioneer Community Energy, a California Joint Powers Authority, for the period ended September 30, 2023, and for determining that the budgetary basis of accounting is an acceptable financial reporting framework. We have performed a compilation engagement in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. We did not audit or review the accompanying statement nor were we required to perform any procedures to verify the accuracy or completeness of the information provided by management. Accordingly, we do not express an opinion, a conclusion, nor provide any assurance on this special purpose budgetary comparison statement.

The special purpose statement is prepared in accordance with the budgetary basis of accounting, which is a basis of accounting other than accounting principles generally accepted in the United States of America. This report is intended for the information of the Board of Directors of Pioneer Community Energy.

Management has elected to omit substantially all of the note disclosures required by accounting principles generally accepted in the United States of America in these interim financial statements.

Pioneer Community Energy’s annual audited financial statements include the note disclosures omitted from these interim statements. If the omitted disclosures were included in these financial statements, they might influence the user’s conclusions about Pioneer Community Energy’s financial position, results of operations, and cash flows. Accordingly, these financial statements are not designed for those who are not informed about such matters.

We are not independent with respect to Pioneer Community Energy because we performed certain accounting services that impaired our independence.

Maher Accountancy
San Rafael, CA
October 26, 2023
1101 Fifth Avenue, Suite 200 San Rafael, CA 94901 415 459 1249 mahercpa.com MAHER

ACCOUNTANCY
2023/24 YTD
Amended
Budget
2023/24 YTD
Actual
2023/24 YTD
Variance
(Under) Over
2023/24
YTD
Actual/
Budget %
2023/24
Amended
Budget
2023/24
Amended
Budget
Remaining

ENERGY REVENUES
Energy Sales $ 76,052,037 $ 67,753,948 $ (8,298,089) 89% 225,938,000 $ $ 158,184,052 Green100 Sales 9,112 7,928 87% (1,184) 30,000 22,072
Congestion Revenue Rights 1,226,569 1,518,644 (292,075) 81% 5,000,000 3,773,431 Less Uncollectible Accounts (1,026,826) (914,785) 89% 112,041 (3,050,568) (2,135,783) Total Operating Revenues 68,073,659 76,552,967 (8,479,308) 227,917,432 159,843,773

ENERGY EXPENSES
Power Supply 50,476,888 57,145,000 (6,668,112) 88% 183,919,000 133,442,112 OPERATING MARGIN 19,407,967 17,596,771 (1,811,196) 43,998,432 26,401,661

OPERATING EXPENSES
Administration
Compensation 191,371 217,627 (26,256) 88% 870,507 679,136 Contract services 144,081 26,779 (117,302) 19% 354,546 381,325 Operating expenses 241,189 185,276 (55,912) 77% 791,126 605,850 Total Administration expenses 602,897 403,426 (199,470) 67% 2,042,958 1,639,532 Finance
Compensation 207,538 207,467 72 100% 829,866 622,328
Contract services 122,905 51,863 42% (71,042) 591,618 539,755 Operating expenses 63,776 55,046 86% (8,730) 256,103 201,057 Total Finance expenses 394,147 314,447 80% (79,700) 1,677,587 1,363,140 Power Procurement
Compensation 133,620 224,809 (91,189) 59% 899,237 765,617 Contract services 380,883 412,087 31,204 108% 1,880,341 1,468,254 Operating expenses 10,750 2,149 20% (8,601) 43,000 40,851 Total Power Procurement expenses 547,856 616,442 (68,586) 89% 2,822,578 2,274,722 Customer Care
Compensation 168,703 181,394 (12,691) 93% 725,576 556,873 Contract services 730,343 654,759 (75,583) 90% 2,921,370 2,266,611 Operating expenses 4,563 - (4,563) 0% 18,250 18,250
Total Customer Care expenses 823,463 916,299 (92,836) 90% 3,665,196 2,841,733 Marketing & Communications
Compensation 48,481 15,547 32% (32,933) 193,922 178,375 Contract services 276,590 217,362 79% (59,228) 1,106,360 888,998 Operating expenses 183,279 114,741 63% (68,538) 361,600 246,859 Total Marketing expenses 508,350 347,650 (160,699) 68% 1,661,882 1,314,232 Legislative & Regulatory
Compensation 132,680 144,433 (11,753) 92% 577,732 445,052 Contract services 79,319 37,726 48% (41,593) 317,275 279,549 Operating expenses 1,575 248 16% (1,327) 6,300 6,052
Total Legislative expenses 170,654 225,327 (54,673) 76% 901,307 730,653 Programs
Compensation 52,571 46,416 88% (6,155) 210,283 163,867
Contract services 15,500 - (15,500) 0% 62,000 62,000
Operating expenses 431,929 - (431,929) 0% 1,727,717 1,727,717 Total Programs expenses 500,000 46,416 (453,584) 9% 2,000,000 1,953,584 Total Operating Expenses 3,763,461 2,653,912 (1,109,549) 71% 14,771,508 12,117,596

NON-OPERATING REVENUES (EXPENSES)
Investment gains (losses) 187,500 559,813 372,313 750,000 190,187 Term Loan Debt Service (237,500) (230,128) 97% 7,372 (950,000) (719,872) Additional Term Loan Principal - - - (2,100,000) (2,100,000) Line/Letter of Credit Fees (87,500) - 87,500 0% (350,000) (350,000) Financial Security Requirement - - - (360,000) (360,000) Nonoperating revenues (expenses), net (137,500) 329,685 467,185 (3,010,000) (3,339,685) Total Expenses (Energy, Operating, Non-Operating) 61,045,961 52,801,114 (8,244,846) 201,700,508 148,899,394 Contribution to/(from) Reserves $ 15,507,006 $ 15,272,545 $ (234,462) $ 26,216,924 $ 10,944,379

BUDGETARY COMPARISON SCHEDULE
Three Months Ended September 30, 2023

PIONEER COMMUNITY ENERGY

CCA FUND

Page 1 of 2 ends

Staff Report – Item IV-B
To: The Governing Board
From: Donald Eckert, Executive Director
Item IV-B: Executive Director Report
Date: 11/16/2023

PERSONNEL
The recruitment for the Community Outreach Manager position has concluded with the acceptance of an offer.

Our newest employee should be introduced to the Board at the December meeting.

Interviews were conducted for the Quantitative Analyst position in early November. We will have the recruitment process completed before the holiday break.

EXECUITVE DIRECTOR AGREEMENTS EXECUTED (NON-POWER SUPPLY) The following agreements have been executed by the Executive Director, consistent with the authority delegated by the Board:
• In December 2022, the Board approved tenant improvements and authorized the Executive Director to approve change orders up to 15% of the total cost. The Executive Director authorized a change order to add 3 new thermostats and additional sensors for the added cost of $3,953.

FIVE-YEAR ANNIVERSARY EVENT
Thank you to our Board for their participation and support at our five-year anniversary event. It was wonderful to interact with our Board, alternate Board members and previous Board members as well as our business partners, employees, and customers. A special recognition to Gina Stassi-Vanacore and Paige Garcia for all their work in making the event a success.

MOUNTAIN MANDARIN FESTIVAL
Pioneer will be represented at this year’s Mountain Mandarin Festival from November 17-19. Our booth will feature games, prizes, and information. If you are at the festival, please stop by and say hello.

WEBSITE AWARDS
Pioneer received two awards from the Public Relations Society of America/Sacramento Chapter, the leading professional organization for Public Relations practitioners in our region. Receiving these awards is quite prestigious. Both awards were in the Electronic /Digital Category:
• Influencer Award for the Pioneer Website
• Merit Award for the Pioneer Chatbot
RESOURCE ADEQUACY (“RA”)
There are two types of RA filing requirements: Annual filing (due at the end of October) and monthly. For the annual filings, Pioneer is required to make an annual System, Local and Flexible compliance showing for the coming year. This will include demonstrating that 90% of our System RA obligation for the five summer months of the coming year, 100% of our Local obligation for the following year and 90% of our Flexible obligation for each of month in the following year. The current state of the RA market is very challenging, however, Pioneer is pleased to report that we are compliant for 2024.

Plf)NEER

COMMUNITY ENERGY
Agenda Item: IV-B Agenda Date: 11/16/2023

Page 2 of 2 ends

COMMUNITY ADVISORY COMMITTEE (“CAC”)
The CAC convened on October 25th and received a presentation from Participate Energy. The next scheduled CAC meeting will be in late November.

EXECUTIVE DIRECTOR POWER SUPPLY CONTRACTS EXECUTIED
The following agreements have been executed by the Executive Director, consistent with the authority delegated by the Board:

Presentations and Relevant Meetings attended by the Executive Director

1. Participated in CalCCA Weekly/Monthly Board meetings.

2. Presented at New Hampshire Local Energy Symposium

ATTACHMENTS

1. Agenda Planning Document

2. Monthly Legislative and Regulatory Report

3. Monthly Public Outreach Report
Counterparty Name
Execution
Date Type Product Start Date End Date Notional Value
Calpine Energy Services, L.P. 10/17/2023 Sell Resource Adequacy 3/1/2024 3/31/2024 $170,000 San Diego Gas & Electric Company 10/17/2023 Buy Resource Adequacy 6/1/2024 9/30/2024 $16,058,651 Wellhead Power Exchange, LLC 10/12/2023 Buy Resource Adequacy 1/1/2024 12/31/2024 $811,200 Agenda Planning Document – Pioneer Community Energy Updated 11-9-2023 C: Pioneer Community Energy\Executive Director - General Documents\Board\Board Meeting Templates

BOARD OF

DIRECTORS
NOVEMBER 16, 2023
3:00 PM
(Post Agenda: TH, November 9)
DECEMBER 14, 2023
3:00 PM
(Post Agenda: December 8)
JANUARY 18, 2024
3:00 PM
(Post Agenda: December 12)

IN THE FUTURE
General Function I Closed Session (TBD) Selection of Officers CAISO facility tour (2024) Agenda Review Agenda Review Agenda Review
Consent
1a
Minutes for Approval
OCTOBER 19, 2023
Minutes for Approval
NOVEMBER 16, 2023
Minutes for Approval
DECEMBER 14, 2023
1b RES Updated New Member Reserve
Policy (Koehn)
Receive Draft Financials: OCT 2023
(Koehn)
Receive Draft Financials: NOV 2023
(Koehn)
1c New Members Reserves Target –
Nevada City & Grass Valley (Koehn)
RES Contract (RWG) RES Adopt 2024 Governing Board
Meeting Schedule (Action-Eckert)
1d RES Contract (Granicus – Gov Delivery)
(Stassi-Vanacore)
RES Contract (NewGen)
1e Approve Updated Conflict of Interest
Code (Eckert)
1f
Regular
2 RES Contract Renewal - Calpine Data
Management Calpine PP
(Action – Stassi-Vanacore)
RES Solar Billing Plan Tariff Policy
(Action-Koehn)
Annual Audit Report (Discussion-Koehn)
Pisenti&Brinker
(JAN) WPWMA Biomass Plant update
(Discussion-Kang)
3 RES Feed-In Tariff (Action-Kang)
PP
Public Hearing - RES Rates 2024
(Action-Eckert)
RES 2nd Amended & Restated JPA
(Action-Eckert)
New Proposed Rates:
(JAN) RES-BCT
Green75
4 Update RE: 2nd Amended & Restated
JPA and approve > 30-day notice for
vote on January 18, 2024 (Action-Eckert) GC
RES Participate.Energy contract (Action – Stassi-Vanacore)Update on Prepay Transaction (Discussion-Eckert)
(FEB) Committees (confirm members)
(FEB) Committees (fill any vacancies)
5 Nevada City & Grass Valley Expansion
update (Discussion – Stassi-Vanacore)
Electrum contract update
Greenlite contract update
(MAR) LMS - Programs update
6 Quarterly financials ending September
2023 (Action – Koehn)
General Function II
IV-B
Executive Director’s Report
Reports: Leg/Reg; Community Engagement;
proposed CAISO tour JAN;
Executive Director’s Report
Reports: Leg/Reg; Community Engagement;
Executive Director’s Report
REG Reports: Leg/Reg; Community
Engagement;
Qtrly updates: Strategic Plan Objectives;
Sponsorship Activity; Income Graduated
Fixed Charge;
Executive Director Report-QTRLY Updates
JAN – APR – JULY – OCT  Strategic Plan Objectives  Sponsorship Activity  Income Graduated Fixed Charge IV-C Informational Items
Glossary of Terms
Informational Items
Glossary of Terms
Informational Items
Glossary of Terms
-
n
Agenda Planning Document – Pioneer Community Energy Updated 11-9-2023 C: Pioneer Community Energy\Executive Director - General Documents\Board\Board Meeting Templates

AUDIT/FINANCE COMMITTEE
WEDNESDAY, 12/6/23
3:00 PM
in-person & remote locations
JANUARY 2024 - TBD IN THE FUTURE
Greg Janda, Chair
Holly Andreatta
John Hidahl
Gary Petersen
Rates Discussion
Audit Update
Accounting Processes
Audit Update – Final Report
By-Laws Article V, Section 5.3
Each committee shall on an annual basis choose its officers, comprised of a Chairperson and Vice-Chairperson

ENERGY PROCUREMENT REVIEW

AD HOC COMMITTEE
DATE
zoom only DATE IN THE FUTURE
John Hidahl, Chair
Greg Janda, Vice Chair
Amanda Cortez
Alice Dowdin Calvillo
2024 – Q1
Ad Hoc Member Limit fewer members than majority of board (<6)

EXPANSION

AD HOC COMMITTEE
DATE
zoom only DATE IN THE FUTURE
Jim Holmes, Chair
Alice Dowdin Calvillo, Vice Chair
David Yarbrough
2024 – Q1
Ad Hoc Member Limit fewer members than majority of board (<6)

Page 1 of 5 ends

Attachment 2: Legislative and Regulatory Update
Date: 11/16/2023

Legislative Affairs
California Legislature and Capitol Update:

The 2024 Legislative Calendar has been released.

January 3- Legislature reconvenes
January 10- Budget must be submitted by Governor
January 12- Last day for policy committees to hear fiscal two-year bills January 19- Last day for committees to hear and report two-year bills to floor January 31- Last day to pass two-year bills
February 16- Last day to introduce bills
March 21- Spring recess
April 1- Legislature reconvenes
April 26- Last day for policy committee to hear fiscal bills May 3- Last day for policy committees to hear nonfiscal bills May 10- Last day for policy committees to meet prior to May 28 May 17- Last day for fiscal committee to hear and report bills to floor May 24- Last day for each house to pass bills introduced in that house May 28- Committee meetings may resume
June 15- Budget Bill must be passed
July 3- Last day for policy committee to meet and report bills July 3- Summer recess begins
August 5- Legislature reconvenes
August 16- Last day for fiscal committee to meet
August 23- Last day to amend bills on the floor
August 31- Last day to pass bills
August 31- Adjournment of session
Below is a summary of Pioneer’s bills of interest.

Bill Author Pioneer Position Status
AB 538 Holden Support Assembly Appropriations
Two-year bill
AB 557 Hart Support Signed by Governor
AB 625 Aguiar Curry Sponsor Held in Assembly Appropriations AB 643 Berman Support Held in Assembly Appropriations
AB 704 Patterson Support Held in Assembly Appropriations AB 998 Conolly Support Held in Senate Appropriations
AB 1373 Garcia No Position Signed by Governor
SB 83 Wiener Support Held in Senate Appropriation
SB 410 Becker Support Signed by Governor
SB 488 Alvarado-Gil Sponsor Failed passage in Sen. Energy, Utilities and Communications
SB 529 Gonzalez Support Held in Senate Appropriations
SB 537 Becker Support Moved to the Inactive File
Plf)NEER

COMMUNITY ENERGY
Attachment: 2 Agenda Date: 11/16/2023

Page 2 of 5 ends

Regulatory Proceedings
Below is a summary table of the key issues, followed by further detail on activities since our last Board Meeting on a few ongoing priority Pioneer regulatory Proceedings and matters. More updates will follow at future Board meetings as regulatory proceedings and matters evolve.

Proceeding Issue Pioneer Position
R.22-07-005 Order Instituting Rulemaking
(OIR) to advance Demand
Flexibility through electric rates
Limit negative impacts of the
Income Based Graduated Fixed
Charge and educate Pioneer
Board and customers prior to
the rollout
R.22-10-010 Order Instituting Rulemaking to
Implement AB 843 (2022) –
The Bioenergy Adjusting Tariff
Program
Expeditiously implement AB
843 to allow CCA access to the
BioMAT program for future
subsidies for biomass
procurement
A.20-02-009; A.21-03-008;
A.21-06-001; A.22-05-029
PG&E 2019 Energy Resource
Recovery Account (ERRA)
Compliance Application; PG&E
2020 ERRA Compliance
Application; 2021 ERRA
Compliance Application; 2022
ERRA Compliance Application;
2023 ERRA Compliance
Application; 2023 ERRA
Forecast Application; 2024
ERRA Forecast Application
Reduce the ERRA impact on the
PCIA; increase data
transparency from the IOUs
R.20-08-020 Rulemaking to develop a
successor to existing Net
Energy Metering (NEM) tariffs
and to review and refine
existing NEM tariffs
Mitigate impacts to Pioneer NBT
customers and inform
customers of upcoming changes
to the program
R.21-03-011 Provider of Last Resort (POLR)
Order Instituting Rulemaking
Limit the impacts of changes to
the Financial Security
Requirement (FSR)
R.17-09-020; R.19-11-009;
R.21-10-002
Resource Adequacy (RA)
Reform & Implementation
Tracks
Refine the current RA Program
construct; reduce volatility of
RA prices; increase RA
procurement availability and
grid reliability
R.18-12-005 Utility De-energization, Public
Safety Power Shutoffs (PSPS),
and Enhanced Powerline Safety
Settings (EPSS)
Reduce impacts of PSPS and
EPSS events; increase
coordination and
communications with IOUs to
ensure public safety during de-energization; limit PSPS and EPSS impacts on CCA load
scheduling
CEC - OIR – 21-OIR-03, 23-
LMS-01
Load Management Standards
(LMS)
Ensure Pioneer Maintains
compliance with CEC mandates
and requirements
Attachment: 2 Agenda Date: 11/16/2023

Page 3 of 5 ends

AB 843 OIR:
• October 20, 2022- The OIR was opened to examine issues in the implementation of AB 843 which Pioneer and other CCAs championed in 2021.
• April 28, 2023- Workshop held.
• August 28, 2023- Meeting between CalCCA and IOUs.
• October 10, 2023- Proposed Decision. Largely a win for CCAs. This decision is not final until the CPUC hears and votes to approve it.
• November 6, 2023- CalCCA, Joint IOUs, and Public Advocates Office filed reply comment to the PD. • November 9, 2023- CalCCA attended an ex parte meeting with Commissioner John Reynolds’ office concerning the BioMAT PD.
• November 16, 2023- Possible vote on the PD.

Demand Flexibility:
• June 30, 2022- AB 205 passed giving the CPUC the authority to approve a pricing structure that incorporates an Income Based Graduated Fixed Electricity Charge (IGFC). • July 14, 2022- The Commission issued an OIR to begin this proceeding to establish demand flexibility policies and modify electric rates to advance the following objectives: 1) enhance the reliability of California’s electric system; 2) make electric bills more affordable and equitable; 3) reduce the curtailment of renewable energy and greenhouse gas emissions associated with meeting the state’s future system load; 4) enable widespread electrification of buildings and transportation to meet the state’s climate goals; 5) reduce long-term system costs through more efficient pricing of electricity; and 6) to enable participation in demand flexibility by both bundled and unbundled customers. • July 31, 2023- Parties submitted Comments on the IGFC Implementation Pathways considering the ALJ Ruling’s questions.
• August 21, 2023- CalCCA submitted Reply Comments to refute parties arguments regarding including the PCIA or Competitive Transition Charge (CTC) as fixed costs eligible for inclusion in the IGFC. • November 3, 2023- Track A (IGFC)- CalCCA filed a reply brief continuing to refute party proposals that the PCIA be included in the IGFC and noting that the parties advocating for inclusion of the PCIA have not addressed the arguments put forth by CalCCA.
• December 2023- Track B (Demand Flexibility)– CPUC likely to issue a PD on expanded pilots. All comments and proposed budgets have been submitted in response to the Staff Proposal and ALJ Rulings regarding the expanded demand flexibility pilots.

Net Billing Tariff (NBT):
• December 15, 2022- The CPUC issued a PD that was voted out unanimously. New solar customers that sign up after April 14, 2023, will be placed on NBT. This Proceeding created a successor Program to NEM 2.0 to address some of the identified issues with the existing Program. The objective is to increase equity and eliminate cost shifts onto lower income customers who are subsidizing, to some degree, residential solar owners.
• August 2, 2023- The CPUC issued a Proposed Decision on the remaining issues in the NBT proceeding, including virtual NEM, enhanced consumer protection, and fuel cell participation. • August 8 ,2023- Comments were filed by Joint CCAs: SDCP, PCE, Pioneer, SCP, RCEA, and SJCE. The comments argued that the Proposed Decision, with some adjustments, can improve bill clarity for NEM customers and future NBT customers.
• September 14, 2023- A California appeals court will hear a lawsuit seeking to overturn the CPUC’s rooftop solar decision which would significantly reduce the credits customers receive. • September 16, 2023- There was a letter signed by members of the Legislature on the NEM program for agricultural users.
• October 26, 2023- Joint CCAs have held ex parte meetings with the CPUC, and President Reynolds, who recommended meeting with the Energy Division.
• October 30, 2023- Energy Division released a Proposed Resolution approving the IOUs NBTs, with modifications.

Attachment: 2 Agenda Date: 11/16/2023

Page 4 of 5 ends

• November 2, 2023- CPUC has delayed their decision implementing Virtual Net Energy Metering (VNEM) and other aspects of NBT until November 16, 2023, at the earliest.

PG&E ERRA Compliance and ERRA Forecast:
• The ERRA Proceedings act as a review of an IOU’s prior year portfolio management and accounting and seeks to identify errors and discrepancies between PG&E’s revenue requirements vis-à-vis collected revenues through the IOUs’ General Rate Case (GRC) which ultimately affects CCA rates through the Power Charge Indifference Adjustment (PCIA).
• May 14, 2023- PG&E’s 2023 – 2024 ERRA Forecast and Testimony was released. • June 1, 2023- NewGen sent over the new rate forecast spreadsheet. The forecast looks good with the PCIA remaining negative over many vintages, but this will change before the October Update. • June 16, 2023- Keyes and Fox filed a Protest to PG&E's Forecast Application. • August 10, 2023- CalCCA filed a Protest to PG&E’s ERRA Trigger Application proposing a rate increase in November to correct and account for under-collections.
• September 6, 2023- CalCCA provided Testimony on the 2024 PG&E ERRA Forecast case and touched upon the fixed generation cost issue.
• October 16, 2023- PG&E’s October Update to its 2024 ERRA Forecast came out. Energy prices have softened relative to PG&E’s original forecast (which would, all else equal, cause PCIA rates to increase), but RA and RPS benchmarks have increased significantly since PG&E's filing (dampening the impact of energy prices).

All told, forecast rates increased relative to the original forecast across the board, but forecast rates remain negative for vintages 2021 and later.
• November 1, 2023- Keyes and Fox submitted comments on PG&E’s ERRA Trigger proposal and comments on PG&E’s October update.
• January 2024- PG&E evidentiary hearings.

Resource Adequacy:
• May 25, 2023- The CPUC issued a PD barring non-compliant LSEs from expansion for two calendar years following a system RA deficiency.
• June 14, 2023- CalCCA filed Opening Comments recommending the CPUC fully reject the PD’s restrictions on LSE expansion due to RA deficiencies and modify the RA deficiency penalty. • June 19, 2023- CalCCA filed reply comments on June 19, 2023. • June 27, 2023- a Redlined PD was issued. The revisions included: adopting a one percent minimum threshold for RA deficiencies that would limit CCA expansions; clarifying that if an LSE “cures” its year-ahead RA deficiency in the month-ahead timeframe, the year-ahead deficiency will not be applied to the expansion requirement.
• June 29, 2023- The PD was adopted by the Commission.
• July 26, 2023- CalCCA and CCCE filed two Applications for Rehearing (AfR) of the decision to limit CCA expansion for two years due to uncured RA deficiencies. CalCCA’s PfR cited a lack of CPUC statutory authority to limit CCA expansion, and that it gives itself new unauthorized powers to needlessly discriminate against CCAs to prevent their growth; it also asserted, that without credible evidence, the CPUC determined that addition of new CCA load would be detrimental to grid reliability, and that the decision violates the CPUC’s legal requirement to apply RA enforcement measures in a nondiscriminatory manner, not just to CCAs.
• October 5, 2023- CalCCA filed a Petition for Writ of Review of Resolution E-5258 and D.23-08-052 over the decision with the First Appellate District.
• On September 19, 2023, PG&E and SCE submitted their annual CPE reports. PG&E is short RA for all months - up to 4,400 MW.
• October 12, 2023- The Commission opened the new RA proceeding through its Order Instituting Rulemaking (OIR). The OIR proposes the scope, schedule, and administration of this next RA proceeding. • November 9, 2023- CalCCA submitted comments recommending additional scoping items for the RA proceeding, including additional refinements to the RA program for the local RA CPE, compliance and penalty structure, SOD transactability, and RA import rules.

Attachment: 2 Agenda Date: 11/16/2023

Page 5 of 5 ends

Utility Deenergization, PSPS, and EPSS:
• July 12, 2022-Pioneer, along with Joint CCAs, Joint Local Governments, and Rural County Representatives of California (RCRC), filed a motion with the CPUC on July 12, 2022, to consider EPSS issues in the Deenergization or its own Proceeding. The arguments in the motion seek to treat EPSS events with the same regulations and oversight as Public Safety Power Shutoff (PSPS) events. • September 21, 2023- The CPUC approved a PSPS citation program for violations of the established PSPS guidelines.
• August 30-31, 2023- PG&E provided a post PSPS report. A total of 3,928 customers were deenergized. • October 10, 2023- The Joint CCAs, RCRC, and Joint Local Governments had a meeting with the Public Advocates Office to see if there is agreement on the need to further do more with regards to Fast Trips. The Public Advocates Office indicated that the CPUC and Office of Energy Infrastructure Safety are not inclined to act to regulate Fast Trips and that more data is needed. The Public Advocates Office is looking to submit a report at the end of the year showing the impact.

Provider of Last Resort (POLR):
• October 2, 2019- SB 520 passed requiring the establishment of a Provider of Last Resort (POLR). As part of the proceeding to implement SB 520, the CPUC is seeking to establish new policies to plan for and prevent catastrophic failures in the event of an unplanned return en masse of CCA customers to IOU service.

Additionally, the CPUC will review and update existing procedures and policies for Financial Security Requirements (FSR), reentry fees, and LSE deregistration process and compliance requirements. • July 31, 2023- CalCCA's Reply Briefs were submitted and address PG&E’s proposal to modify the FSR to reflect two months of forecast energy costs, other parties’ recommendations on elements of the existing FSR calculation, mandatory contract assignments, financial monitoring, and the duration of POLR service. • December 2023- Possible decision to the proceeding. CalCCA is waiting for that expected PD. In anticipation of the PD, CalCCA will be holding ex partes with CPUC Commissioners' Offices to reiterate CalCCA’s position on financial monitoring to limit monitoring to LSEs for only those that are at financial risk of failure and to deny PG&E's proposal that the FSR be based on two months of energy costs. CalCCA has circulated their slide deck of issues to be discussed at the ex parte meetings.

CEC Load Management Standards (LMS):
• October 12, 2022- The CEC adopted the Load Management Standards regulation which requires the development of a statewide standard tool for authorized rate data access by third parties that is compatible with each IOU, large POUs, and large CCAs with the idea that electricity customers or their authorized third-party agents can look at rates that the customer is eligible to switch and allow the customer to change the customer’s current rate to rates they are eligible for. • June 8, 2023- CEC staff provided a schedule of the key LMS adoption and compliance dates. • August 1, 2023- Pioneer, through Calpine, uploaded its rates and will continue to work with Calpine on uploading all time dependent rates to meet deadlines.
• By April 1, 2024, all large CCAs are required to file their plan for compliance with all LMS regulations. • YubaNet
Marketing and Outreach Report
November 16, 2023
Notable Accomplishments
It is exciting to look back on the many achievements we had during October. We have successfully increased visits to the Green100 landing page, continued connecting with customers one-on-one, engaged visitors with our chatbot, and attracted new visitors through impactful marketing campaigns.

Notably:
• 88% increase in visits to our Green100 landing page
• Over 8,000 visitors engaged with our chatbot again this month!
• New visitors to our website increased from 7,500 to 7,700 • Pioneer’s outreach continues to provide exceptional
customer care through one-on-one customer contacts.

Our Customer Care team exceeded the 2,600 milestone in
October – with each contact addressing individual
customer questions or issues.
• Our most recent expansion mailer, inviting customers to visit our website and explore the Green100 program,
yielded astonishing results. The Green100 landing page
experienced a surge in visits. This remarkable
achievement propelled the landing page to become the
third most visited page on our site.

October Highlights
The Pioneer team made significant progress towards engaging and educating future customers. We have positioned Pioneer as the premier choice for stable and competitive electricity generation rates in Nevada City and Grass Valley. Moreover, we are proud to provide options for building a sustainable clean energy future.

Expansion
– Ads are running weekly in
multiple publications of
The Union newspaper.
– ~15,000 circulation
• Newsprint Ads
Google, paid social media, and
banner ads with YubaNet are
running. Google and paid social
ads target our service area by zip
code and demographics of 18+
male and female.
• Paid Digital Advertising
– 293,668 impressions
– 62 clicks
18,583
100% of
total
8,122
100% of
total
Pioneer
Community
Energy |
Residential
4,095 2,405
Pioneer
Community
Energy |
Coming soon
to Grass Valley
& Nevada City
2,966 1,735
Pioneer
Community
Energy |
Green100
Renewable
2,952 1,442
– Ads are running on
hyper-local KVMR radio,
which broadcasts to over
50,000 listeners.
• Radio
• Mailer sent to residents, businesses,
multifamily properties, mobile homes,
and mobile home parks
– 1,113,892 impressions
– 6,027 clicks
• Google
– 323,819 impressions
– 1,797 clicks
• Paid Social Media
All of these efforts drive people to the
expansion webpage, which continues
to be the second most-visited page
on the site. Additionally, this month
we saw an 88% increase in visits to
the Green100 landing page.

Plf)NEER

COMMUNITY ENERGY
Soon, you'll have a choice in energy
options with Pioneer Community Energy
Leammoreat
PiorwerCommu~.org/residential
Otby~{916)758-8969.

Pioneer: Your Trusted Energy
E] Pioneer Energy: YCMX
Trusted Source fOf Not-FOf-Profit. Stable .... Fih:OF

YEARS OF SERVICE
Plf)NEER MM NERGY
The Pioneer team celebrated community and the spirit of fall at the 36th Annual Loomis Eggplant Festival on
October 7. We teamed up with the incredible local rescue organization, "4-Ever Yours Rescue," to create a special and heartwarming dog adoption opportunity. Throughout
the day, our team assisted our community in discovering how to save money on their electricity bills, while also providing valuable insights into our rate plans and
options.
• Auburn Senior Health Fair
• Auburn State of the Community
• Loomis Eggplant Festival
• Auburn Senior Center Field Day
Events Held or Attended
Our chatbot continues to consistently reduce the
monthly volume of calls to our call center by
approximately 10%. This month, the number of
chatbot user sessions remained steady at over 8,000.

Integrating Digital Channels
August: 8,379 September: 8,300
Events Highlight
Pioneer at the Loomis Eggplant Festival
Website
Pioneer continues to see growth in the activity on our website. • We saw engagement with posts
featuring our staff actively involved
in local events, as well as updates
on our expansion plans, 5-years of
savings developments in renewable
energy, and captivating content
related to special events.

Social Media
Website Data
• Visits from Grass Valley IP addresses are up 43% this month, and visitors from Nevada City continue to increase.
• Our mailer, inviting customers to visit our website and explore Green100 resulted in an 88% increase in visits to our Green100 landing page
• Our Google ads are increasing visits to our website this month - visitors who came to our site thorough ads increased almost 50%. – 1,849 Impressions
– 13 Clicks
– 247 Video Views
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Pioneer Community Energy
Glossary of Terms
CAISO - California Independent System Operator - a non-profit independent system operator that oversees the operation of the California bulk electric power system, transmission lines and electricity market generated and transmitted by its members (~80% of California's electric flow). Its stated mission is to "operate the grid reliably and efficiently, provide fair and open transmission access, promote environmental stewardship and facilitate
effective markets and promote infrastructure development. CAISO is regulated by FERC and governed by a five-member governing board appointed by the governor.

CALCCA - California Community Choice Association -Association made up of Community Choice Aggregation {CCA) groups which represents the interests of California's community choice electricity providers.

CARB - California Air Resources Board - The CARB is charged with protecting the public from the harmful effects of air pollution and developing programs and actions to fight climate change in California.

CEC- California Energy Commission
CPUC - California Public Utility Commission
C&I - Commercial and Industrial - Business customers
CP - Compliance Period -Time period to become RPS compliant, set by the CPUC {California Public Utilities Commission)
DA- Direct Access - An option that allows eligible customers to purchase their electricity directly from third party providers known as Electric Service Providers (ESP).

DA Cap- the maximum amount of electric usage that may be allocated to Direct Access customers in California, or more specifically, within an Investor-Owned Utility service territory.

DA Lottery - a random drawing by which DA waitlist customers become eligible to enroll in DA service under the currently-applicable Direct Access Cap.

DA Waitlist - customers that have officially registered their interest in becoming a DA customer but are not yet able to enroll in service because of DA cap limitations.

DAC - Disadvantaged Community
DASR - Direct Access Service Request - Request submitted by C&I to become direct access eligible.

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Demand - The rate at which electric energy is delivered to or by a system or part of a system, generally expressed in kilowatts {kW), megawatts {MW), or gigawatts {GW), at a given instant or averaged over any designated interval of time. Demand should not be confused with Load or Energy.

DER - Distributed Energy Resource -A small-scale physical or virtual asset {e.g., EV charger, smart thermostat, behind-the-meter solar/storage, energy efficiency) that operates locally and is connected to a larger power grid at the distribution level.

Distribution - The delivery of electricity to the retail customer's home or business through low voltage distribution lines.

DLAP- Default Load Aggregation Point- In the CAISO's electricity optimization model, DLAP is the node at which all bids for demand should be submitted and settled. Pioneer settles its CAISO load at the PG&E DLAP as Pioneer is in the PG&E transmission access charge area.

DR - Demand Response - An opportunity for consumers to play a significant role in the operation of the electric grid by reducing or shifting their electricity usage during peak periods in response to time-based rates or other forms of financial incentives.

DWR - Department of Water Resources - DWR manages California's water resources, systems, and infrastructure in a responsible, sustainable way.

ELCC- Effective Load Carrying Capacity -The additional load met by an incremental generator while maintaining the same level of system reliability. For solar and wind resources the ELCC is the amount of capacity which can be counted for Resource Adequacy purposes.

EPIC - Electric Program Investment Charge -The EPIC program was created by the CPUC to support investments in clean energy technologies that provide benefits to the electricity ratepayers of PG&E, San Diego Gas & Electric Company {SDG&E), and Southern California Edison Company {SCE) ERRA - Energy Resource Recovery Account - ERRA proceedings are used to determine fuel and purchased power costs which can be recovered in rates. The utilities do not earn a rate of return on these costs, and only recover actual costs. The costs are forecast for the year ahead. If the actual costs are lower than forecast, then the utility gives money back, and vice versa.

ESP- Energy Service Provider - An energy entity that provides service to a retail or end-use customer.

EV - Electric Vehicle
GHG - Greenhouse gas - water vapor, carbon dioxide, tropospheric ozone, nitrous oxide, methane, and chlorofluorocarbons (CFCs). A gas that causes the atmosphere to trap heat radiating from the earth. The most common GHG is Carbon Dioxide, though Methane and others have this effect as well.

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GRC- General Rate Case - Proceedings used to address the costs of operating and maintaining the utility system and the allocation of those costs among customer classes. For California's three large IOUs, the GRCs are parsed into two phases. Phase I of a GRC determines the total amount the utility is authorized to collect, while Phase II determines the share of the cost each customer class is responsible and the rate schedules for each class. Each large electric utility files a GRC application every three years for review by the Public Advocates Office and interested parties and approval by the CPUC.

GWh - Gigawatt-hour - The unit of energy equal to that expended in one hour at a rate of one billion watts. One GWh equals 1,000 megawatt-hours.

IEP - Independent Energy Producers - California's oldest and leading nonprofit trade association, representing the interest of developers and operators of independent energy facilities and independent power marketers.

IOU - Investor Owned Utility- A private electricity and natural gas provider.

IRP- Integrated Resource Plan -A plan which outlines an electric utility's resource needs in order to meet expected electricity demand long-term.
kW - Kilowatt - Measure of power where power (watts)= voltage (volts) x amperage (amps) and 1 kW= 1000 watts
kWh - Kilowatt-hour - This is a measure of consumption. It is the amount of electricity that is used over some period of time, typically a one-month period for billing purposes. Customers are charged a rate per kWh of electricity used.

LCFS- Low Carbon Fuel Standard -A CARB program designed to encourage the use of cleaner low-carbon fuels in California, encourage the production of those fuels, and therefore, reduce greenhouse gas emissions.

LCR - Local (RA) Capacity Requirements -The amount of Resource Adequacy capacity required to be demonstrated in a specific location or zone.

LMP - Locational Marginal Price - Each generator unit and load pocket is assigned a node in the CAISO optimization model. The model will assign a LMP to the node in both the day- ahead and real time market as it balances the system using the least cost. The LMP is comprised of three components: the marginal cost of energy, congestion, and losses. The LMP is used to financially settle transactions in the CAISO.

Load - An end use device or customer that receives power from an energy delivery system. Load should not be confused with Demand, which is the measure of power that a load receives or requires.

See Demand.

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SE - Load-serving Entity- Entities that have been granted authority by state, local law, or regulation to serve their own load directly through wholesale energy purchases and have chosen to exercise that authority.

NEM - Net Energy Metering -A program in which solar customers receive credit for excess electricity generated by solar panels.

NRDC- Natural Resources Defense Council
OIR - Order Instituting Rulemaking - A procedural document that is issued by the CPUC to start a formal proceeding. A draft OIR is issued for comment by interested parties and made final by vote of the five Commissioners of the CPUC.

MW - Megawatt - measure of power. A megawatt equals 1,000 kilowatts or 1 million watts.

MWH - Megawatt-hour- measure of energy
NP-15 - North Path 15 - NP-15 is a CAISO pricing zone usually used to approximate wholesale electricity prices in northern California in PG&E's service territory.

PCCl - RPS Portfolio Content Category 1- Bundled renewables where the energy and REC are dynamically scheduled into a California Balancing Authority (CBA) such as the CAISO. Also known as "in-state" renewables.

PCC2 - RPS Portfolio Content Category 2 - Bundled renewables where the energy and REC are from out-of-state and not dynamically scheduled to a CBA.

PCC3 - RPS Portfolio Content Category 3 - Unbundled REC PCIA or "exit fee" - Power Charge Indifference Adjustment (PCIA) is an "exit fee" based on stranded costs of utility generation set by the California Public Utilities Commission. It is calculated annually and assessed to customers of CCAs and paid to the IOU that lost those customers as a result of the formation of a CCA.

PCL - Power Content Label - A user-friendly way of displaying information to California consumers about the energy resources used to generate the electricity they sell, as required by AB 162 (Statue of 2009) and Senate Bill 1305 (Statutes of 1997).

PD- Proposed Decision -A procedural document in a CPUC Rulemaking process that is formally commented on by Parties to the proceeding. A PD is a precursor to a final Decision voted on by the five Commissioners of the CPUC.

Pnode - Pricing Node - In the CAISO optimization model, it is a point where a physical injection or withdrawal of energy is modeled and for which a LMP is calculated.

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PPA- Power Purchase Agreement -A contract used to purchase the energy, capacity, and attributes from a renewable resource project.

RA - Resource Adequacy - Under its Resource Adequacy (RA) program, the California Public Utilities Commission (CPUC) requires load-serving entities-both independently owned utilities and electric service providers-to demonstrate in both monthly and annual filings that they have purchased capacity commitments of no less than 115% of their peak loads.

RE - Renewable Energy - Energy from a source that is not depleted when used, such as wind or solar power.

REC - Renewable Energy Certificate - A REC is the property right to the environmental benefits associated with generating renewable electricity. For instance, homeowners who generate solar electricity are credited with 1 solar REC for every MWh of electricity they produce. Utilities obligated to fulfill an RPS requirement can purchase these RECs on the open market.

RPS - Renewable Portfolio Standard - Law that requires CA utilities and other load serving entities (including CCAs) to provide an escalating percentage of CA qualified renewable power (culminating at 33% by 2020) in their annual energy portfolio.

SCE - Southern California Edison
SDG&E - San Diego Gas & Electric
SGIP - Self-Generation Incentive Program - A program which provides incentives to support existing, new, and emerging distributed energy resources (storage, wind turbines, waste heat to power technologies, etc.)
TCR EPS Protocol - The Climate Registry Electric Power Sector Protocol - Online tools and resources provided by The Climate Registry to assist organizations to measure, report, and reduce carbon emissions.

Time-of-Use (TOU) Rates - The pricing of delivered electricity based on the estimated cost of electricity during a particular time-block. Time-of-use rates are usually divided into three or four time-blocks per 24-hour period (on-peak, mid-peak, off-peak and sometimes super off peak) and by seasons of the year (summer and winter). Real time pricing differs from TOU rates in that it is based on actual (as opposed to forecasted) prices that may fluctuate many times a day and are weather sensitive, rather than varying with a fixed schedule.

TURN - The Utility Reform Network - A ratepayer advocacy group charged with ensuring that California IOUs implement just and reasonable rates.

Unbundled RECs - Renewable energy certificates that verify a purchase of a MWH unit of renewable power where the actual power and the certificate are "unbundled" and sold to different buyers.

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VPP - Virtual Power Plant - A cloud-based network that leverages an aggregation of distributed energy resources (DERs) to shift energy demand or provide services to the grid. For example, thousands of EV chargers could charge at a slower speed and hundreds of home batteries could discharge to the grid during a demand peak to significantly reduce the procurement of traditional supply resources.

Pioneer Community Energy Board of DirectorsNovember 16, 2023

Pioneer Community Energy Board of Directors
November 16, 2023