Board of Directors
Chair: Alice Dowdin Calvillo
Vice Chair: Greg Janda
City of Auburn
Alice Dowdin Calvillo
Sandra Amara, Alternate
City of Colfax
Sean Lomen
Kim Douglass, Alternate
County of El Dorado
Lori Parlin
Brian Veerkamp, Alternate
City of Grass Valley
Tom Ivy
Jan Arbuckle, Alternate
City of Lincoln
Richard Pearl
John Reedy, Alternate
Town of Loomis
David Ring
Danny Cartwright, Alternate
Nevada City
Gary Petersen
Lou Ceci, Alternate
County of Placer
Anthony DeMattei
Suzanne Jones
Bonnie Gore, Alternate
City of Placerville
Ryan Carter
David Yarbrough, Alternate
City of Rocklin
Greg Janda
David Bass, Alternate
Pioneer Community Energy
Board of Directors
APRIL 17, 2025
REGULAR MEETING
3:00 PM
Pioneer Community Energy Board Room
2510 Warren Drive, Suite B, Rocklin, CA 95677
This regular meeting will convene in person at the address printed above, be accessible on the Zoom platform at the following link:
https://us06web.zoom.us/j/89020017279;
and live streamed for viewing on the Pioneer website:
https://pioneercommunityenergy.org/about-us/meetings-and-agendas/.
Members of the public may participate in person or by remote audio/visual access.
Those who participated remotely and wish to comment should be prepared to use the Zoom platform via computer or telephone. Public comment will be opened for each agenda item in sequence.
How to Participate Using Zoom
You can join the meeting using the following link:
https://us06web.zoom.us/j/89020017279.
When you join the meeting, you will be muted by default. To inform the Clerk that you would like to make a public comment, you will use the “Raise Hand” feature.
Public Comment via Computer or Smartphone
If you would like to make a comment, you will use the “Raise Your Hand” feature.
Please note that you should only raise your hand during the item to which you will comment. Instructions for using the “Raise Hand” feature when using a computer or mobile device can be found at the link:
https://support.zoom.us/hc/en-us/articles/205566129-Raising-your-hand-in-a-webinar Public Comment via telephone (Audio Only Option)
1. Dial 1 (699) 900-6833
2. When asked for the meeting ID, enter 890 2001 7279#
3. When asked for your participant ID, press # to continue.
You will be muted by default. To inform the Clerk that you would like to make a comment, during each agenda item, dial *9 to “Raise your hand.” When it is your turn to speak, the Clerk will identify you by the last three digits of your phone number; at that time, dial *6 to unmute yourself and state your name and comment for the record. Please note that you should only raise your hand during the item to which you will comment.
Plf)NEER
COMMUNITY ENERGY
I. GENERAL ADMINISTRATIVE FUNCTION – PART 1
A. CALL TO ORDER
1. Roll Call
B. AGENDA REVIEW
C. PRESENTATIONS BY THE PUBLIC ON MATTERS NOT ON THE AGENDA WITHIN THE
JURISDICTION OF THE BOARD
Persons may address the Board on items not on this agenda. Please limit comments to 3 minutes per person. According to State Law (the Brown Act), items must first be noticed on the agenda before any discussion or action. The Board is prohibited from discussing issues not on the agenda brought to them at this time.
II. CONSENT AGENDA
1) APPROVAL OF THE CONSENT AGENDA
All items on the Consent Agenda have been recommended for approval by the Chief Executive Officer.
All Consent items will be approved by a single vote. Anyone may ask to address Consent items prior to the Board acting, and the item may be moved for discussion. a) ADMINISTRATION
Approve the minutes of the March 20, 2025 regular meeting. (ECKERT) b) FINANCE & ADMINISTRATION
Receive Fiscal Year 2024-25 Draft Monthly Financial Reports through February 2025. (KOEHN) c) FINANCE & ADMINISTRATION
Adopt Resolution to authorize the Chief Executive Officer to execute an agreement with Kosmatka Donnelly & Co., LLP for financial audit services for an amount not to exceed $132,000 for an initial three-year term. (KOEHN)
2) LEGISLATIVE & REGULATORY
2025 Pioneer Legislative Policy and Platform (ACTION-KANG) Recommendation: Receive and approve the 2025 Pioneer Legislative Policy and Platform that includes the following current recommendations: adopt support positions on Assembly Bill (AB) 706 (Aguiar-Curry), Senate Bill (SB) 88 (Caballero), AB 66 (Tangipa), AB 442 (Hadwick), and SB 540 (Becker). 3) PROGRAMS
Adopt Resolution Approving and Authorizing the Chief Executive Officer to Execute an Agreement with Energy Mission Control dba FuSE Carbon Technologies for Low Carbon Fuel Standard (LCFS) Program Services (ACTION- STASSI-VANACORE) Recommendation: Adopt Resolution approving and authorizing the Chief Executive Officer to execute an agreement with Energy Mission Control dba FuSE Carbon Technologies for Low Carbon Fuel Standard (LCFS) Program Services.
III. REGULAR AGENDA
4) FINANCE & ADMINISTRATION
AMI Audit Review and Cybersecurity Assessment Report (DISCUSSION-KOEHN) Recommendation:
Receive the report of the Automated Metering Infrastructure (AMI) Audit on the Cybersecurity Assessment for Pioneer Community Energy.
5) ADMINISTRATION
State of Pioneer (DISCUSSION-ECKERT)
Recommendation: Receive an update on the State of Pioneer Community Energy.
IV. GENERAL ADMINISTRATIVE FUNCTION – PART 2
A. BOARD MEMBER COMMUNICATIONS
B. CHIEF EXECUTIVE OFFICER COMMUNICATIONS
C. ITEMS FOR INFORMATION
1. Glossary of Terms
D. ADJOURNMENT
Upcoming Meeting of the Board:
May 15, 2025
Accommodations
Pioneer Community Energy is committed to ensuring that persons with disabilities are provided with the resources to participate fully in its public meetings. If you are hearing impaired, we have listening devices available. If you require additional disability-related modifications or accommodations, including auxiliary aids or services, please contact the Clerk of the Board. If requested, the agenda shall be provided in appropriate alternative formats for persons with disabilities. All requests must be in writing and must be received by the Clerk five business days prior to the scheduled meeting for which you are requesting accommodation. Requests received after such time will be accommodated only if time permits.
Affidavit of Posting
I, Teresa Willock, Board Secretary, declare under penalty of perjury that the foregoing agenda for the April 17, 2025 meeting of the Pioneer Community Energy Governing Board was posted and available for public review on April 11, 2025 at the offices of Pioneer Community Energy, 2510 Warren Drive, Suite B, Rocklin, CA 95677; and, was on the Pioneer website at: https://pioneercommunityenergy.org/about-us/meetings-and-agendas/.
All public materials related to an item on this agenda submitted to the Governing Board after distribution of the agenda packet are also made available for public inspection on Pioneer’s website at:
https://pioneercommunityenergy.org/about-us/meetings-and-agendas/. Any document provided at the meeting by staff or by the public will be provided by the Board Clerk upon request by phone at (916) 758-8946, or by email at: [email protected].
DRAFT
PIONEER COMMUNITY ENERGY
GOVERNING BOARD
MINUTES
March 20, 2025
REGULAR MEETING
Entry No. 1
Heard General Administrative Functions – Part I
Call to Order
Pioneer Community Energy Governing Board met in regular session at 3:00 PM on March 20, 2025. The Members convened in person and the meeting was accessible to the public at Pioneer Community Energy, 2510 Warren Drive, Suite B, Rocklin, California 95677; at remote location Nevada City - City Hall, Wetherall Conference Room, 317 Broad Street, Nevada City, California 95959; the meeting was accessible for viewer participation on the Zoom platform at the following link: https://us06web.zoom.us/j/89020017279; and, was live streamed for viewing on the Pioneer website at the following link:
https://pioneercommunityenergy.org/about-us/meetings-and-agendas/.
Roll Call
Present: City of Auburn (Dowdin Calvillo), City of Colfax (Lomen), County of El Dorado (Parlin), City of Grass Valley (Ivy), City of Lincoln (Pearl), Town of Loomis (Ring), Nevada City (Petersen), County of Placer (DeMattei), City of Placerville (Carter), City of Rocklin (Janda).
Absent: County of El Placer (Jones).
Chair Dowdin Calvillo presided over the meeting.
Agenda Review
Reviewed and revised the meeting agenda for March 20, 2025 with no objections, as follows:
Item 3, Adopt Resolution Approving and Authorizing the Chief Executive Officer to Execute an Agreement with AM Conservation for Program Services, was pulled for future consideration.
Public Comment
There were no comments from members of the public on items not listed on this agenda.
Director Jones joined the meeting at 3:03 PM.
Entry No. 2
Acted on the Consent Agenda as follows:
Approved the minutes of the February 27, 2025 regular meeting.
Received Fiscal Year 2024-25 Draft Monthly Financial Reports through January 2025.
Adopted Resolution 2025-11 establishing Ad Hoc Energy Procurement Review Committee, revising authority for executing Long-Term Power Procurement Contracts; and, amending the Energy Risk Management Policy.
ITEM 1a
DRAFT – February 27, 2025 – page 2
MOTION: Lomen/DeMattei. Vote: 11:0:0.
ROLL CALL: Carter, DeMattei, Dowdin Calvillo, Ivy, Janda, Jones, Lomen, Parlin, Petersen, Reedy, Ring.
No/Abstain: None.
Absent: None.
Entry No. 3
ICE Energy Storage Program
Received a presentation on the Ice Energy Storage Program.
Item 3, Adopt Resolution Approving and Authorizing the Chief Executive Officer to Execute an Agreement with AM Conservation for Program Services, was pulled for future consideration.
Entry No. 4
Adopt Resolution Approving and Authorizing the Chief Executive Officer to Execute an Agreement with Aiqueous LLC dba Brillion for Program Services
Adopted Resolution 2025-12 approving and authorizing the Chief Executive Officer to execute an agreement between Pioneer Community Energy and Aiqueous LLC dba Brillion for Program Services for an amount not to exceed $510,000 and a term of three years.
MOTION: Janda/DeMattei. Vote: 11:0:0.
ROLL CALL: Carter, DeMattei, Dowdin Calvillo, Ivy, Janda, Jones, Lomen, Parlin, Petersen, Reedy, Ring.
No/Abstain: None.
Absent: None.
Director DeMattei and Director Jones excused themselves from the meeting at 3:51 PM due to scheduling conflicts.
Director Ivy excused himself from the meeting at 4:00 PM due to a scheduling conflict.
Director Petersen excused himself from the meeting at 4:20 PM due to a scheduling conflict.
Entry No. 5
Adopt Resolution Amending Resolution 2023-33 (Authorizing a Local Feed-in Tariff Program) to include Solar Plus Battery Storage and Stand-Alone Battery Storage Projects and Change Contract Term to 10 Years
Adopt Resolution amending Resolution 2023-33 (authorizing a local Feed-in Tariff Program) to include Solar Plus Battery Storage and Stand-alone Battery Storage Projects and Change Contract Term to 10 years.
The Board of Directors amended and adopted Resolution 2025-13 to amend Resolution 2023-33 (Authorizing a Local Feed-in Tariff Program) to include 4-Hour Battery Storage Projects and Change the Contract Term to 10 Years.
MOTION: Carter/Lomen. Vote: 7:0:4.
ROLL CALL: Carter, DeMattei, Dowdin Calvillo, Ivy, Janda, Jones, Lomen, Parlin, Reedy, Ring.
No/Abstain: None.
Absent: DeMattei, Ivy, Jones, Petersen.
Item 6, Update on the State of Pioneer Community Energy, was pulled and scheduled to the April 17, 2025 meeting.
DRAFT – February 27, 2025 – page 3
Entry No. 6
Heard General Administrative Function – Part II
Board Member Communications
Energy Procurement Review ad hoc Committee
Chief Executive Officer Eckert reported that Gary Petersen, Ryan Carter, Alice Dowdin Calvillo, and Sean Lomen attended a meeting of the Energy Procurement Review ad hoc Committee on March 12, 2025. Pioneer staff, support including Commercial Counsel, and General Counsel were also in attendance.
The Committee selected Gary Petersen to serve as 2025 Chair, and selected Alice Dowdin Calvillo to serve as 2025 Vice Chair; (The Committee) reviewed, discussed, asked questions, and accepted with no objections proposed Power Purchase Agreements (PPAs) for the Chief Executive Officer to execute with 1) RWE Janus Project; 2) Origis Huaso Project; 3) Origis Chalan Project; 4) Matrix Gaskell West Project; and 5) Ormat Griffith Project; and, reviewed, discussed, asked questions, and recommended the Governing Board to approve an Amendment to the Feed-in Tariff to Capture Local Project Needs. In conclusion, the Committee reviewed, discussed, and asked questions regarding the Committee’s authority in approval of Long-Term Power Purchase Agreements. Then, recommended the Governing Board to approve an Amendment to the current policy regarding the Energy Procurement Review ad hoc Committee.
Expansion ad hoc Committee
Committee Chair Dowdin Calvillo reported that Tom Ivy, Lori Parlin, and she attended a meeting of the Expansion ad hoc Committee on March 19, 2025.
The Committee selected Alice Dowdin Calvillo to serve as 2025 Chair, and selected Tom Ivy to serve as 2025 Vice Chair; (The Committee) received, discussed, and provided direction to staff regarding an update on additional potential new members interested in joining Pioneer Community Energy.
Chair Dowdin Calvillo also reported that she was selected to participate in the Local Leader Energy Roundtable (PG&E) discussions, panels, and tour of the Diablo Canyon Power Plant which is the largest electric generator in the state.
Director Ring reported that he attended the Greater Sacramento Economic Development Council and was interested in coordinating Community Choice Aggregators and Pioneer in lobbying efforts, not marketing.
Chief Executive Officer Communications
Chief Executive Officer Eckert introduced the newest members of the Pioneer team - Terrance Rodgers, Project Development Manager and Kristoffer Antigua, Power Resources Contracts Manager; and announced that the California Independent System Operator (CAISO) tour has been scheduled for April 9, 2025.
Items for Information
Received the Glossary of Terms.
Adjournment
The meeting adjourned at 4:38 PM.
Staff Report – Item 1b
To: The Governing Board
From: Eric Acedo, Sr. Financial Analyst
Item 1b: Receive Fiscal Year 2024-25 Draft Monthly Financial Reports Through February 2025 Date: 4/17/2025
RECOMMENDATION
Receive Fiscal Year 2024-25 Draft Monthly Financial Reports through February 2025.
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 administering the outstanding mPOWER Bonds. Financials for the mPOWER program will be included in the audited year-end reports. For February 2025, 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.
• Budgetary Comparison Schedule (Budget to Actuals) – Comparison of budget to actuals on a YTD basis through the reporting period end date for the CCA program.
STRATEGIC PLAN
Strategic Priority: Be Fiscally Strong and Resilient
FISCAL IMPACT
The YTD change in net position through eight months of the fiscal year is $36.6 million.
ATTACHMENTS
1. Financial Reports through February 28, 2025
Plf)NEER
COMMUNITY ENERGY
1 ACCOUNTANTS’ COMPILATION REPORT
Management
Pioneer Community Energy
Management is responsible for the accompanying financial statements of the CCA Fund of Pioneer Community Energy (a California Joint Powers Authority) which comprise the statement of net position as of February 28, 2025, and the related statement of revenues, expenses, and changes in net position for the eight months then ended in accordance with accounting principles generally accepted in the United States of America. We have performed a compilation engagement in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. We did not audit or review the accompanying statements nor were we required to perform any procedures to verify the accuracy or completeness of the information provided by management. Accordingly, we do not express an opinion, conclusion, nor provide any assurance on these financial statements.
Management has elected to omit substantially all of the 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 Pioneer Community Energy because we performed certain accounting services that impaired our independence.
Maher Accountancy
San Rafael, CA
April 9, 2025
1101 Fifth Avenue, Suite 200 San Rafael, CA 94901 415 459 1249 mahercpa.com MAHER
ACCOUNTANCY
CCA Program
ASSETS
Current assets
Cash and cash equivalents 44,973,400$
Investments 110,875,038
Accounts receivable, net of allowance 22,877,692
Accrued revenue 9,081,601
Other receivables 1,267,736
Interest receivable 564,000
Prepaid expenses 2,472,453
Deposits 1,545,833
Total current assets 193,657,753
Noncurrent assets
Capital assets, net of depreciation and amortization 1,162,029 Deposits 220,115
Total noncurrent assets 1,382,144
Total assets 195,039,897
LIABILITIES
Current liabilities
Accrued cost of electricity 17,760,333
Accounts payable 504,302
Other accrued liabilities 384,912
Lease liability 122,482
Note payable 866,857
Interest payable 5,605
Deposits 1,470,000
Total current liabilities 21,114,491
Noncurrent liabilities
Lease liability 810,999
Note payable 1,000,234
Supplier security deposits 282,000
Total noncurrent liabilities 2,093,233
Total liabilities 23,207,724
NET POSITION
Net investment in capital assets 228,548
Unrestricted net position 171,603,625
Total net position 171,832,173$
PIONEER COMMUNITY ENERGY
STATEMENT OF NET POSITION
As of February 28, 2025
CCA PROGRAM
See accountants' compilation report. 3
CCA Program
OPERATING REVENUES
Electricity sales, net 168,491,425$
Other income 13,056
Total operating revenues 168,504,481
OPERATING EXPENSES
Cost of electricity 127,761,834
Contract services 4,215,248
Staff compensation 2,557,522
Other operating expenses 1,235,099
Depreciation and amortization 125,075
Total operating expenses 135,894,778
Operating income (loss) 32,609,703
NONOPERATING REVENUES (EXPENSES)
Investment income 4,128,317
Interest and financing expense (123,566)
Nonoperating revenues (expenses), net 4,004,751
NET POSITION
Change in net position 36,614,454
Net position at beginning of period 135,217,719
Net position at end of period 171,832,173$
Eight Months Ended February 28, 2025
AND CHANGES IN NET POSITION
STATEMENT OF REVENUES, EXPENSES
CCA PROGRAM
PIONEER COMMUNITY ENERGY
See accountants' compilation report. 3
Participation Rates – February 2025
Participation Rate December 2024 January 2025 February 2025 February 2024 AUBURN INC 85.48% 85.57% 85.62% 85.52%
COLFAX INC 87.99% 87.69% 87.69% 88.70%
GRASS VALLEY INC 96.90% 96.85% 96.76% N/A
LINCOLN INC 82.65% 82.66% 82.60% 82.88%
LOOMIS INC 87.08% 87.08% 86.97% 87.82%
NEVADA CITY INC 98.04% 97.86% 97.87% N/A
PLACERVILLE INC 85.38% 85.40% 85.37% 86.19%
ROCKLIN INC 90.21% 90.19% 90.26% 90.69%
UNINC EL DORADO CO 79.69% 79.72% 79.68% 80.46%
UNINC PLACER CO 84.71% 84.67% 84.69% 84.92%
Grand Total 84.27% 84.27% 84.26% 84.04%
Plf)NEER
COMMUNITY ENERGY
Total Pioneer Customers(# of Accounts)
173,000 172,310 172,572
172,000 171,649
171,000
170,000
169,000
168,000 167,508
167,000
166,000
165,000
164,000
February 2024 December 2024 January 2025 February 2025
1 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 eight months ended February 28, 2025, and for determining that the budgetary basis of accounting is an acceptable financial reporting framework. We have performed a compilation engagement in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. We did not audit or review the accompanying statement nor were we required to perform any procedures to verify the accuracy or completeness of the information provided by management. Accordingly, we do not express an opinion, a conclusion, nor provide any assurance on this special purpose budgetary comparison statement.
The special purpose statement is prepared in accordance with the budgetary basis of accounting, which is a basis of accounting other than accounting principles generally accepted in the United States of America. This report is intended for the information of the Board of Directors of 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
April 9, 2025
1101 Fifth Avenue, Suite 200 San Rafael, CA 94901 415 459 1249 mahercpa.com MAHER
ACCOUNTANCY
2024/25 YTD
Amended
Budget
2024/25 YTD
Actual
2024/25 YTD
Variance
(Under) Over
2024/25
YTD
Actual/
Budget %
2024/25
Amended Budget
2024/25
Amended
Budget
Remaining
ENERGY REVENUES
Energy Sales $ 170,937,000 $ 170,748,916 $ (188,084) 100% $ 235,801,000 $ 65,052,084 Green100 Sales 143,000 48,273 (94,727) 34% 200,000 151,727 Congestion Revenue Rights and Battery Optimization 6,952,381 8,833,677 1,881,296 127% 10,000,000 1,166,323 Less Uncollectible Accounts (2,309,000) (2,305,762) 3,238 100% (3,186,000) (880,238) Total Operating Revenues 175,723,381 177,325,104 1,601,723 242,815,000 65,489,896
ENERGY EXPENSES
Power Supply 148,279,985 136,595,511 (11,684,474) 92% 208,976,000 72,380,490 OPERATING MARGIN 27,443,396 40,729,593 13,286,197 33,839,000 (6,890,593)
OPERATING EXPENSES
Administration
Compensation 514,494 415,994 (98,501) 81% 816,385 400,391 Contract services 212,217 109,348 (102,868) 52% 318,325 208,977 Operating expenses 819,250 507,354 (311,896) 62% 941,796 434,442 Total Administration expenses 1,545,961 1,032,696 (513,265) 67% 2,076,506 1,043,810 Finance
Compensation 745,462 632,279 (113,184) 85% 1,101,050 468,771 Contract services 406,950 245,769 (161,181) 60% 591,000 345,231 Operating expenses 245,800 183,337 (62,463) 75% 357,700 174,363 Total Finance expenses 1,398,212 1,061,384 (336,829) 76% 2,049,750 988,366 Power Procurement
Compensation 733,871 436,320 (297,551) 59% 1,027,592 591,272 Contract services 2,540,050 1,543,692 (996,358) 61% 3,143,538 1,599,846 Operating expenses 153,857 140,083 (13,774) 91% 291,500 151,417 Total Power Procurement expenses 3,427,778 2,120,095 (1,307,683) 62% 4,462,630 2,342,535 Customer Care
Compensation 276,001 287,497 11,496 104% 449,002 161,505 Contract services 1,813,333 1,927,793 114,460 106% 2,720,000 792,207 Operating expenses 143,167 130,562 (12,604) 91% 214,750 84,188 Total Customer Care expenses 2,232,501 2,345,853 113,351 105% 3,383,752 1,037,899 Marketing & Communications
Compensation 494,631 378,173 (116,457) 76% 741,946 363,773 Contract services 295,500 1,362 (294,138) 0% 420,000 418,638 Operating expenses 564,233 76,109 (488,125) 13% 846,350 770,241 Total Marketing expenses 1,354,364 455,644 (898,720) 34% 2,008,296 1,552,652 Legislative & Regulatory
Compensation 342,923 260,769 (82,154) 76% 553,670 292,901 Contract services 254,689 145,329 (109,360) 57% 377,807 232,478 Operating expenses 5,533 5,269 (264) 95% 8,300 3,031
Total Legislative expenses 603,145 411,367 (191,778) 68% 939,777 528,410 Programs
Compensation 195,563 134,227 (61,337) 69% 293,345 159,118 Contract services 749,004 - (749,004) 0% 1,456,341 1,456,341 Operating expenses 1,273,203 370,697 (902,507) 29% 1,909,805 1,539,108 Total Programs expenses 2,217,771 504,923 (1,712,848) 23% 3,659,491 3,154,568 Total Operating Expenses 12,779,733 7,931,962 (4,847,771) 62% 18,580,202 10,648,240
NON-OPERATING REVENUES (EXPENSES)
Investment gains (losses) 1,435,500 4,128,316 2,692,816 2,871,000 (1,257,316) Miscellaneous income - 13,056 13,056 - (13,056)
Term Loan Debt Service (633,333) (606,278) 27,056 96% (950,000) (343,722) Additional Term Loan Principal (2,100,000) (2,100,000) - (2,100,000) - Line/Letter of Credit Fees (562,500) (205,959) 356,541 37% (750,000) (544,041) Financial Security Requirement (800,000) - 800,000 0% (800,000) (800,000) Nonoperating revenues (expenses), net (2,660,333) 1,229,136 3,889,469 (1,729,000) (2,958,136) Total Expenses and Non-Operating Activity 163,720,051 143,298,337 (20,421,714) 229,285,202 85,986,865 Contribution to/(from) Reserves 12,003,330$ 34,026,766$ 22,023,437$ 13,529,798$ (20,496,969)$
BUDGETARY COMPARISON SCHEDULE
Eight Months Ended February 28, 2025
PIONEER COMMUNITY ENERGY
CCA PROGRAM
Staff Report – Item 1c
To: The Governing Board
From: Brad Koehn, Director of Finance and Administration Item 1c: Adopt Resolution to Authorize the Chief Executive Officer to Execute an Agreement with Kosmatka Donnelly & Co., LLP for Financial Audit Services for an Amount Not to Exceed $132,000 for an Initial Three-Year Term
Date: 4/17/2025
RECOMMENDATION
Adopt resolution to authorize the Chief Executive Officer to execute an agreement with Kosmatka Donnelly & Co., LLP for financial audit services for an amount not to exceed $132,000 for an initial three-year term.
BACKGROUND
Pioneer’s financial audit services contract with Pisenti and Brinker LLP ended with the audit of Pioneer’s Fiscal Year 2023-24 financials. On February 21, 2025, Pioneer issued a Request for Proposals (RFP) for financial audit services. Proposals from two firms were received and interviews were conducted by a Pioneer staff panel during the last week of March 2025. Based on their extensive audit experience with other Community Choice Aggregators (CCAs) and very strong references, Pioneer elected to move forward with Kosmatka Donnelly & Co., LLP (“KD & Co.”) for financial auditor services.
Pisenti and Brinker LLP recently joined forces with KDP Advisors under the new name of KD & Co. To comply with California Government Code, there will be a partner rotation for the assigned work for Pioneer. However, the members of the engagement team not only have CCA audit experience but also specifically from Pioneer’s prior audits.
ANALYSIS & DISCUSSION
The recommended agreement with KD & Co. is for an amount not to exceed $132,000 for an initial three-year term, with options to renew.
The scope of work is included in Exhibit A to the agreement with KD & Co. and covers the financial audits of Fiscal Years 2024-25, 2025-26, 2026-27. Contingency budget is also included for any required single audits or additional authorized work.
FISCAL IMPACT
The total cost of the contract is not to exceed $132,000 for the three-year term. The audit costs will be included in the budgets for the current and upcoming fiscal years according to when the services are anticipated to be performed.
ATTACHMENTS
1. Resolution to Authorize the Chief Executive Officer to Execute a Contract with Kosmatka Donnelly & Co., LLP (“KD & Co.”) for financial audit services for an amount not-to-exceed $132,000 for an initial three-year term.
Plf)NEER
COMMUNITY ENERGY
Before the Governing Board of
Pioneer Community Energy
Resolution No.: ____________
The following Resolution was duly passed by the Governing Board of Pioneer Community Energy at a regular meeting held April 17, 2025, by the following vote on roll call:
Ayes:
Noes:
Absent:
Signed and approved by me after its passage.
______________________________
Chair of the Governing Board
Attest:
_______________________
Secretary
WHEREAS, the Governing Board of Pioneer Community Energy (“Pioneer”) follows best practices to conduct annual financial audits; and
WHEREAS, Pioneer issued a Request for Proposal (“RFP”) for financial audit services on February 21, 2025; and
WHEREAS, Pioneer received proposals firms and conducted interviews during the last week of March 2025; and
WHEREAS, Kosmatka Donnelly & Co., LLP (“KD & Co.”), formerly providing financial audit services as Pisenti & Brinker LLP, was ranked as the number one choice by the Pioneer staff RFP panel; and
WHEREAS, KD & Co. has extensive audit experience of Community Choice Aggregators, including providing excellent audit services for Pioneer for the past five fiscal years; and WHEREAS, Pioneer desires to engage KD & Co. for financial audit services for an initial term of three years.
In the matter of: RESOLUTION TO AUTHORIZE
THE CHIEF EXECUTIVE OFFICER TO EXECUTE A
CONTRACT WITH KOSMATKA DONNELLY & CO.,
LLP (“KD & CO.”) FOR FINANCIAL AUDIT
SERVICES FOR AN AMOUNT NOT TO EXCEED OF
$132,000 FOR AN INITIAL THREE-YEAR TERM
Resolution 2025-__
April 17, 2025
2 BE IT RESOLVED, the Governing Board of Pioneer Community Energy, State of California, hereby finds, declares, and resolves as follows:
1. The above recitals are true and correct.
2. The Chief Executive Officer is authorized to execute an agreement with Kosmatka Donnelly & Co., LLP for a not-to-exceed dollar amount of $132,000 for an initial three-year term with options to renew.
3. This resolution shall take effect immediately.
Exhibit A: Consultant Services Agreement with Kosmatka Donnelly & Co., LLP - 1 -
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Administering Agency: Pioneer Community Energy
Contract No. _____________ Contract Description: Financial Audit Services
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT is made at Rocklin, California, as of April 17, 2025 (the “Effective Date”), by and between Pioneer Community Energy, (““Pioneer”“), and Kosmatka Donnelly & Co. LLP (“Consultant”), who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide the services described in Exhibit A. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A. Pioneer shall have the right to request, in writing, changes in the scope of services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. Consultant shall not be reimbursed for any expenses incurred for work performed outside the scope of services in Exhibit A unless prior written approval is given by Pioneer through a fully executed written amendment.
2. Payment. Pioneer shall pay Consultant for services rendered pursuant to this Agreement at the time and in the amount set forth in Exhibit B. The payment specified in Exhibit B shall be the only payment made to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all billings for said services to Pioneer in the manner specified therein, or, if no manner be specified, then according to the usual and customary procedures which Consultant uses for billing clients similar to Pioneer. Pioneer shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding, and paying all taxes. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until Pioneer is satisfied that the services are satisfactory. The amount of the contract shall not exceed One Hundred Thirty-Two Thousand Dollars ($132,000.00).
3. Facilities, Equipment and Other Materials, and Obligations of Pioneer. Unless otherwise specified in Exhibit C, Consultant shall, at its sole cost and expense, furnish all facilities, equipment, and other materials which may be required for furnishing services pursuant to this Agreement.
4. Consultant’s Representations. Consultant represents that it is fully qualified to perform the services described in Exhibit A by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions in this Agreement. Consultant shall perform in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of Consultant’s work by Pioneer shall not operate as a waiver or release.
Consultant shall indemnify and hold harmless Pioneer, its officers, agents, employees and volunteers from and against any and all claims or expenses caused or occasioned directly or indirectly by Consultant’s failure to so perform.
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5. Exhibits. All exhibits referred to herein will be attached hereto and by this reference incorporated herein. In the event of any material discrepancy between the provisions of this Agreement and its exhibits, the provisions of this Agreement shall prevail.
6. Time for Performance. Time is of the essence. Failure of Consultant to perform any services within the time limits set forth in Exhibit A shall constitute material breach of this contract.
7. ’Licenses, Permits, Etc. Consultant represents and warrants to Pioneer that it has all licenses, permits, qualifications, and approvals of whatsoever nature, which are legally required for Consultant to practice its profession. Consultant represents and warrants to Pioneer that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for Consultant to practice its profession at the time the services are performed.
8. Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for the satisfactory performance of Consultant’s obligations pursuant to this Agreement. Neither party shall be considered in default of this Agreement to the extent performance is prevented or delayed by any cause, present or future, which is beyond the reasonable control of the party.
9. Hold Harmless and Indemnification Agreement. At all times during the performance of this agreement, Consultant agrees to protect, defend, and indemnify Pioneer in accordance with the provisions contained in Exhibit D.
10. Insurance. Consultant shall file with Pioneer concurrently herewith a Certificate of Insurance, in companies acceptable to Pioneer, with a Best’s Rating of no less than A-:VII, for the coverage shown in Exhibit D. All costs of complying with these insurance requirements shall be included in Consultant’s fee(s). These costs shall not be a “reimbursable” expense under any circumstances.
11. Relationship of Parties. A. Consultant is, and shall at all times remain as to Pioneer, a wholly independent contractor.
Pioneer shall have the right to control Consultant only insofar as the results of Consultant’s services rendered pursuant to this Agreement. Pioneer shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement.
B. Except as Pioneer may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of Pioneer in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied pursuant to this Agreement to incur any debt, obligation, or liability on behalf of Pioneer or to otherwise bind Pioneer to any obligation whatsoever.
Consultant, its officers, employees and agents shall not represent to any person or party that it or they are acting as agents of Pioneer or that it or they have the power to bind or commit Pioneer.
C. Neither Pioneer nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of Pioneer.
12. Assignment Prohibited. Consultant may assign its rights and obligations under this Agreement only upon the prior written approval of Pioneer, said approval to be in the sole discretion of Pioneer. Except as otherwise provided herein, Consultant shall not subcontract any services to be performed without amending this Agreement. Consultant shall be responsible to Pioneer for all services to be performed under this Agreement.
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13. Personnel. A. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that Pioneer, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by Consultant to perform services pursuant to this Agreement, including those members of the Project Team as explained below, Consultant shall remove any such person immediately upon receiving notice from Pioneer of the desire of Pioneer for removal of such person or persons.
B. Notwithstanding the foregoing, if specific persons are designated as the “Project Team” in Exhibit A, Consultant agrees to perform the work under this Agreement with those individuals identified. Reassignment or substitution of individuals or subcontractors named in the Project Team by Consultant without the prior written consent of Pioneer shall be grounds for termination of the Agreement by Pioneer, and payment shall be made pursuant to Section 17 (Termination) of this Agreement only for that work performed by Project Team members.
C. Pioneer shall pay Consultant for work performed by its subconsultants, if any, only as set forth in Exhibit B. Consultant shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subconsultants performing services under this Agreement. Pioneer shall not be liable for any payment, compensation, or federal and state taxes for any subconsultants.
14. Notification of Organizational Changes. Consultant shall notify Pioneer, in writing, of any change in name, ownership or control of Consultant’s firm or of any subconsultant. Change of ownership or control of Consultant’s firm may require an amendment to this Agreement.
15. Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. All products of whatsoever nature which Consultant delivers to Pioneer pursuant to this Agreement shall be prepared in a substantial first class and workmanlike manner and conform to the standards or quality normally observed by a person practicing in Consultant’s profession. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict-of-interest provisions of California Government Code section 1090, and the Political Reform Act (Government Code § 81000 et seq.).
16. Prevailing Wages. Consultant is aware of the requirements of California Labor Code section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects including, but not limited to, the design and preconstruction phases of a covered public works project. This Agreement is subject to the Prevailing Wage Laws for all work performed under this Agreement for which the payment of prevailing wages is required under state law. In particular, Consultant acknowledges that prevailing wage determinations are available for work performed under this Agreement. Consultant shall defend, indemnify, and hold Pioneer, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
17. Termination.
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A. Pioneer shall have the right to terminate this Agreement at any time by giving notice in writing of such termination to Consultant. In the event Pioneer shall give notice of termination, Consultant shall immediately cease rendering service upon receipt of such written notice, pursuant to this Agreement. In the event Pioneer shall terminate this Agreement:
1) Consultant shall deliver copies of all writings prepared by it pursuant to this Agreement. The term “writings” shall be construed to mean and include: handwriting, typewriting, printing, Photostatting, photographing, digital original and copies, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof.
2) Pioneer shall have full ownership and control of all such writings delivered by Consultant pursuant to this Agreement.
3) Pioneer shall pay Consultant the reasonable value of services rendered by Consultant to the date of termination pursuant to this Agreement not to exceed the amount documented by Consultant and approved by Pioneer as work accomplished to date; provided, however, that in no event shall any payment hereunder exceed the amount of the Agreement specified in Exhibit B, and further provided, however, Pioneer shall not in any manner be liable for lost profits which might have been made by Consultant had Consultant completed the services required by this Agreement. In this regard, Consultant shall furnish to Pioneer such financial information as in the judgment of Pioneer is necessary to determine the reasonable value of the services rendered by Consultant. Pioneer shall have the benefit of such work as may have been completed up to the time of such termination. The foregoing is cumulative and does not affect any right or remedy, which Pioneer may have in law or equity. 4) Notwithstanding the foregoing, should Consultant fail to perform any of its obligations hereunder within the time and in the manner provided or otherwise violate any of the terms of this Agreement, Consultant shall be compensated as above, provided there shall be deducted from such amount the amount of damage if any, sustained by Pioneer by virtue of Consultant’s breach of this Agreement.
B. Consultant may terminate its services under this Agreement upon thirty (30) working days’ advance written notice to Pioneer. In the event of such termination, Consultant shall deliver copies of all writings to Pioneer and shall be entitled to compensation as set forth above.
Pioneer shall have the benefit of such work as may have been completed up to the time of such termination
18. Contract Term. This Agreement shall remain in place until the Scope of Services described in Exhibit A is completed, or until terminated pursuant to Section 17 of this Agreement.
19. Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, sexual orientation, or any other unlawful basis. Employment actions to which this provision applies shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training.
Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause. - 5 -
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20. Records. Consultant shall maintain, at all times, complete detailed records with regard to work performed under this Agreement in a form acceptable to Pioneer for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement, and Pioneer shall have the right to inspect such records at any reasonable time.
Notwithstanding any other terms of this agreement, no payments shall be made to Consultant until Pioneer is satisfied that work of such value has been rendered pursuant to this agreement. However, Pioneer shall not unreasonably withhold payment and, if a dispute exists, the withheld payment shall be proportional only to the item in dispute. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of Pioneer or as part of any audit of Pioneer, for a period of three (3) years after final payment under this Agreement.
21. Ownership of Information. All professional and technical information developed under this Agreement and all work sheets, reports, and related data shall become the property of Pioneer, and Consultant agrees to deliver reproducible copies of such documents to Pioneer on completion of the services hereunder. No such written products shall be the subject of a copyright application by Consultant.
22. Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by Pioneer or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. One or more waivers by one party of any major or minor breach or default of any provision, term, condition, or covenant of this Agreement shall not operate as a waiver of any subsequent breach or default by the other party.
23. Conflict of Interest. Consultant represents that it has no known relationships with third parties, Pioneer Board members, or employees of Pioneer which would (1) present a conflict of interest with the rendering of services under this Agreement under California Government Code section 1090, the Political Reform Act (Government Code section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information. Consultant certifies that no official or employee of Pioneer, nor any business entity in which an official of Pioneer has an interest, has been employed or retained to solicit or aid in the procuring of this Agreement. In addition, Consultant agrees that no such person will be employed in the performance of this Agreement without immediately notifying Pioneer.
24. Campaign Contributions. This Agreement is subject to Government Code section 84308, as amended by Senate Bill 1439 (2022), Senate Bill 1181 (2024), and Senate Bill 1243 (2024).
Consultant shall disclose any contribution to an elected or appointed Pioneer official’s campaign or committee in an amount of more than five hundred dollars ($500) made within 12 months preceding the Commencement Date, by Consultant, its, her, or his agent, or another party affiliated with Consultant. Consultant shall provide a signed copy of the attached Campaign Contribution Disclosure Form, Exhibit E, to Pioneer prior to, or concurrent with, Consultant's execution of this Agreement and no later than the Commencement Date.
25. Entirety of Agreement. This Agreement contains the entire agreement of Pioneer and Consultant with respect to the subject matter hereof, and no other agreement, statement, or promise made by any party, or to any employee, officer or agent of any party, which is not contained in this Agreement, shall be binding or valid.
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26. Alteration. No waiver, alteration, modification, or termination of this Agreement shall be valid unless made in writing and signed by all parties, except as expressly provided in Section 19, Termination.
27. Governing Law & Venue. This Agreement is executed and intended to be performed in the State of California, and the laws of that State shall govern its interpretation and effect. Any legal proceedings on this Agreement shall be brought under the jurisdiction of the Superior Court of County of Placer, State of California, and Consultant hereby expressly waives those provisions in California Code of Civil Procedure §394 that may have allowed it to transfer venue to another jurisdiction.
28. Attorneys’ Fees. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, each party shall pay its own costs, including any accountants’ and attorneys’ fees expended in the action.
29. Notification. Any notice or demand desired or required to be given hereunder shall be in writing and deemed given when personally delivered or deposited in the mail, postage prepaid, and addressed to the parties as follows:
PIONEER COMMUNITY ENERGY: CONSULTANT:
Pioneer Community Energy Kosmatka Donnelly & Co. LLP
Attn: Eric Acedo Attn: Kellin H. Gilbert
2510 Warren Drive Suite B 3562 Round Barn Circle, Suite 200 Rocklin, CA 95677 Santa Rosa, CA 95403
[email protected] [email protected]
Phone: (916) 758-8943 Phone: (707) 577-1511
Any notice so delivered personally shall be deemed to be received on the date of delivery, and any notice mailed shall be deemed to be received five (5) days after the date on which it was mailed.
30. Multiple Phase Projects. Pursuant to Government Code section 1097.6, Consultant’s duties and services under this Agreement shall not include preparing or assisting Pioneer with any portion of the Pioneer’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with Pioneer. Pioneer shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Consultant’s participation in the planning, discussions, or drawing of project plans or specifications, if any, shall be limited to conceptual, preliminary, or initial plans or specifications.
Consultant shall cooperate with the Pioneer to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Consultant, if any, pursuant to this Agreement.
31. Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.
32. Confidentiality. All data, documents, discussion, or other information developed or received by Consultant for performance of this Agreement are deemed confidential and Consultant shall not - 7 -
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disclose it without prior written consent by Pioneer. Pioneer shall grant such consent if disclosure is legally required. All Pioneer data shall be returned to Pioneer upon the termination or expiration of this Agreement.
33. Successors & Third-Party Beneficiaries. This Agreement shall be binding on the successors and assigns of the parties. Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.
34. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
35. No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting.
36. Counterparts; Electronic Signatures. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, “electronic signature” shall include faxed or emailed versions of an original signature, electronically scanned and transmitted versions (e.g., via pdf) of an original signature, or a digital signature. - 5 -
369617.3
Executed as of the day first above stated:
PIONEER COMMUNITY ENERGY
By: _____________________________ Printed Name/Title: Don Eckert, Chief Executive Officer Approved as to Form – General Counsel:
By: _____________________________ Printed Name: David Ruderman KOSMATKA DONNELLY & CO. LLP
By: _____________________________
Name: _____________________________
Title: Partner
By:* _____________________________ Name: _____________________________ Title: Secretary/CFO
*If Consultant is a corporation, this agreement must be signed by two corporate officers: (1) the chairperson, president, or any vice president; and (2) the secretary, any assistant secretary, the chief financial officer, or any assistant treasurer. (Civ. Code § 313.), unless an authenticated corporate resolution is attached delegating authority to a single officer or other officers to bind the corporation.
Exhibits
A. Scope of Services
B. Payment for Services Rendered
C. Facilities, Equipment and Other Obligations of Pioneer D. Hold Harmless Agreement and Insurance Requirements
E. Campaign Contribution Disclosure Form
E-SIGNED by Kellin Gilbert
on 2025-04-09 14:43:54 PDT
Kellin Gilbert
to Consultant Services Agreement
369617.3
EXHIBIT A
SCOPE OF SERVICES
1. SCOPE OF WORK TO BE PREFORMED
The Consultant is to express an opinion on Pioneer’s basic financial statements in conformity with generally accepted accounting principles for the following fiscal periods:
Fiscal Year 2024-25 (July 1, 2024 through June 30, 2025) Fiscal Year 2025-26 (July 1, 2025 through June 30, 2026) Fiscal Year 2027-28 (July 1, 2026 through June 30, 2027) Pioneer will provide the Consultant with full disclosure of all relevant financial information, subject to any confidentiality or non-disclosure agreements.
Additional years/periods and auditing services may be authorized upon mutual written agreement of both parties.
2. REPORTS TO BE ISSUED
Following the completion of the audit, the Consultant shall issue for Pioneer a report on the fair presentation of the financial statements in conformity with generally accepted governmental accounting principles. This report shall include, at a minimum, Management’s Discussion and Analysis, the Basic Financial Statements, and Notes to the Basic Financial Statements. If applicable, the Consultant shall issue a report, a letter, or a discussion of any deficiencies in internal controls.
Other reports to be prepared include: • Report on internal control over financial reporting and compliance and other matters based on an audit of financial statements performed in accordance with Government Auditing Standards; • Management letter of comments, if any, which may include the following:
o Areas where Pioneer’s internal controls can be enhanced; o Areas where operational processes can be streamlined and made more efficient; o Compliance with other laws and regulations applicable to Pioneer. • Other communications to those charged with governance as required by professional standards.
3. CONFERENCES AND MEETING ATTENDANCE
The Consultant may be required to meet independent of Pioneer staff with Pioneer Board members to discuss details of scope, intent, or expectations.
If requested to do so, the Consultant shall attend the presentation of the audited financial statements to the Audit and Finance Committee and to the Board at the end of the project. Board and Committee meetings are held at Pioneer’s office in the City of Rocklin. Additional meeting attendance may be required.
Sufficient advance notice will be provided by Pioneer staff.
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4. WORKING PAPER RETENTION AND ACCESS TO WORKING PAPERS All working papers and reports must be retained, at the Consultant’s expense, for a minimum of seven (7) years, unless the firm is notified in writing by Pioneer of the need to extend the retention period. The Consultant will be required to make working papers available, upon request, to Pioneer or its designees.
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EXHIBIT B
PAYMENT FOR SERVICES RENDERED
Maximum Limit & Fee Schedule
The total amount for services rendered not to exceed $132,000. Fee Summary Task Cost
Completion of Fiscal Year 2024-25 Audit $36,500
Completion of Fiscal Year 2025-26 Audit $38,000
Completion of Fiscal Year 2026-27 Audit $39,500
Single Audit (as needed) $9,000
Additional work as approved by Pioneer $9,000
Not-to-Exceed Total $132,000
Invoices
Invoices shall include a list of work performed by billable hour including date, hours and services provided.
Work performed by Consultant will be subject to final acceptance by Pioneer.
Reimbursable Expenses
Administrative, overhead, secretarial time or overtime, word processing, photocopying, in house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. Travel expenses must be authorized in advance in writing by Pioneer.
Submit all invoices to: Pioneer Community Energy
Attn: Eric Acedo
[email protected]
2510 Warren Drive, Suite B
Rocklin, CA 95677
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EXHIBIT C
FACILITIES, EQUIPMENT, AND OTHER
MATERIALS, AND OBLIGATIONS OF PIONEER
(Specify all equipment and facilities to be provided or made available by Pioneer, and any other Pioneer obligations.)
NOT APPLICABLE
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EXHIBIT D
HOLD HARMLESS AGREEMENT
AND INSURANCE REQUIREMENTS
1. HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
A. To the fullest extent permitted by law, CONSULTANT hereby agrees to protect, defend, indemnify, and hold PIONEER free and harmless from any and all losses, claims, liens, demands, and causes of action of every kind and character including, but not limited to, the amounts of judgments, penalties, interest, court costs, legal fees, reasonable attorneys’ fees for counsel of Pioneer’s choice, expert fees, and all other expenses incurred by PIONEER arising in favor of any party, including claims, liens, debts, personal injuries, death, or damages to any real or personal property (including employees or property of PIONEER) and without limitation by enumeration, all other claims or demands of every character occurring or in any way incident to, in connection with or arising directly or indirectly out of, the Agreement, CONSULTANT’s performance under this Agreement, or CONSULTANT’S failure to comply with any provision in this Agreement. CONSULTANT agrees to investigate, handle, respond to, provide defense for, and defend any such claims, demand, or suit at the sole expense of the CONSULTANT. CONSULTANT also agrees to bear all other costs and expenses related thereto, even if the claim or claims alleged are groundless, false, or fraudulent. This provision is not intended to create any cause of action in favor of any third party against CONSULTANT or PIONEER or to enlarge in any way the CONSULTANT’s liability but is intended solely to provide for indemnification of PIONEER from liability for damages or injuries to third persons or property arising from CONSULTANT’s performance pursuant to this Agreement. PIONEER’s right to indemnity under this Agreement shall arise immediately upon the occurrence of the event giving rise to the indemnified liability.
PIONEER shall be entitled to a defense under this Agreement immediately upon the institution of a claim or action that is covered by this indemnity, even though liability for said claim or action has not yet been determined at the time the duty to defend the PIONEER hereunder has arisen. CONSULTANT shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent. CONSULTANT shall not be required to indemnify PIONEER for such loss or damage as is caused by the active negligence, sole negligence, or willful misconduct of PIONEER.
B. As used in this section, the term PIONEER means Pioneer or its officers, agents, employees, and volunteers.The term CONSULTANT means Consultant, its officers, employees, servants, agents, or subconsultants, or anyone directly or indirectly employed by either Consultant or its subconsultants, in the performance of this Agreement.
C. The obligations of CONSULTANT set forth herein are not limited by the provisions of any workers’ compensation or similar statute. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to PIONEER.
D. PIONEER does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. CONSULTANT’s indemnification obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
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E. PIONEER may request a deposit for defense costs from CONSULTANT with respect to a claim. If PIONEER requests a defense deposit, CONSULTANT shall provide it within 15 days of the request.
F. CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here from each and every subconsultant or any other person or entity involved in the performance of this Agreement on CONSULTANT’s behalf.
2. INSURANCE:
CONSULTANT shall file with PIONEER concurrently herewith a Certificate of Insurance, in companies acceptable to PIONEER, with a Best’s Rating of no less than A-:VII showing, and complete, certified copies of all required insurance policies, including endorsements affecting the coverage for all policies required by this Agreement. CONSULTANT shall require all of its subcontractors, subconsultants, and other agents to do the same. Approval of the insurance by PIONEER shall not relieve or decrease any liability of CONSULTANT.
3. WORKER’S COMPENSATION AND EMPLOYERS LIABILITY INSURANCE:
Worker’s Compensation Insurance shall be provided as required by any applicable law or regulation.
Employer’s liability insurance shall be provided in amounts not less than one million dollars ($1,000,000) each accident for bodily injury by accident, one million dollars ($1,000,000) policy limit for bodily injury by disease, and one million dollars ($1,000,000) each employee for bodily injury by disease.
If there is an exposure of injury to CONSULTANT’s employees under the U.S. Longshoremen’s and Harbor Worker’s Compensation Act, the Jones Act, or under laws, regulations, or statutes applicable to maritime employees, coverage shall be included for such injuries or claims.
Each Worker’s Compensation policy shall be endorsed with the following specific language: • Cancellation Notice - “This policy shall not be changed without first giving thirty (30) days prior written notice and ten (10) days prior written notice of cancellation for non-payment of premium to Pioneer Community Energy”. • Waiver of Subrogation - The workers’ compensation policy shall be endorsed to state that the workers’ compensation carrier waives its right of subrogation against Pioneer, its officers, directors, officials, employees, agents or volunteers, which might arise by reason of payment under such policy in connection with performance under this agreement by the CONSULTANT. • CONSULTANT shall require all SUBCONTRACTORS to maintain adequate Workers’ Compensation insurance. Certificates of Workers’ Compensation shall be filed forthwith with Pioneer upon demand.
4. GENERAL LIABILITY INSURANCE:
A. Comprehensive General Liability or Commercial General Liability insurance covering all operations by or on behalf of CONSULTANT, providing insurance for bodily injury liability and property damage liability for the limits of liability indicated below and including coverage for:
to Consultant Services Agreement
369617.3
(1) Contractual liability insuring the obligations assumed by CONSULTANT in this Agreement.
B. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01.
Coverage must be on a standard Occurrence form. One of the following forms is required:
(1) Comprehensive General Liability; or
(2) Commercial General Liability (Occurrence).
C. If CONSULTANT carries a Comprehensive General Liability policy, the limits of liability shall not be less than a Combined Single Limit for bodily injury, property damage, and Personal Injury Liability of:
Two million dollars ($2,000,000) each occurrence
Four million dollars ($4,000,000) aggregate
D. If CONSULTANT carries a Commercial General Liability (Occurrence) policy:
(1) The limits of liability shall not be less than:
Two million dollars ($2,000,000) each occurrence (combined single limit for bodily injury and property damage)
Two million dollars ($2,000,000) for Products-Completed Operations Four million dollars ($4,000,000) General Aggregate
(2) If the policy does not have an endorsement providing that the General Aggregate Limit applies separately, or if defense costs are included in the aggregate limits, then the required aggregate limits shall be two million dollars ($2,000,000).
E. Special Claims Made Policy Form Provisions:
Coverage must be on a standard Occurrence form. Claims-Made, modified, limited or restricted Occurrence forms are not acceptable. If any of the required policies provide coverage on a claims-made basis the Retroactive Date must be shown and must be before the Effective Date of the Agreement or the beginning of work. Claims-Made Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, CONSULTANT must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work Conformity of Coverages - If more than one policy is used to meet the required coverages, such as a separate umbrella policy, such policies shall be consistent with all other applicable policies used to meet these minimum requirements. In no cases shall the types of polices be different.
5. ENDORSEMENTS:
Each policy required herein, other than Professional Errors and Omissions and Worker’s Compensation, shall be endorsed with the following specific language:
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to Consultant Services Agreement
369617.3
A. “Pioneer Community Energy, its officers, agents, employees, and volunteers are to be covered as insured for all liability arising out of the operations by or on behalf of the named insured in the performance of this Agreement.”
B. “The insurance provided by the Consultant, including any excess liability or umbrella form coverage, is primary coverage to Pioneer Community Energy with respect to any insurance or self-insurance programs maintained by Pioneer Community Energy and no insurance held or owned by Pioneer Community Energy shall be called upon to contribute to a loss.” C. “This policy shall not be changed without first giving thirty (30) days prior written notice and ten (10) days prior written notice of cancellation for non-payment of premium to Pioneer Community Energy.”
All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf.
6. AUTOMOBILE LIABILITY INSURANCE:
Automobile Liability insurance covering bodily injury and property damage in an amount no less than two million dollars ($2,000,000) combined single limit for each occurrence.
Covered vehicles shall include owned, non-owned, and hired automobiles/trucks using ISO Business Auto Coverage form CA 00 01 (or equivalent).
7. PROFESSIONAL LIABILITY INSURANCE:
Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $1,000,000 per occurrence and $2,000,000 aggregate.
The deductible or self-insured retention may not exceed $50,000. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the Effective Date of the Agreement or commencement of the work. Coverage shall be continued for two years after the completion of the work by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement. In the event CONSULTANT’s policy is a “claims made” policy only covering those claims made during the policy period, then CONSULTANT agrees to maintain the professional liability insurance required hereunder and with respect to this project in effect for at least three (3) years after acceptance of the work.
8. PRIVACY AND CYBERSECURITY LIABILITY INSURANCE:
Privacy and cybersecurity liability (including costs arising from data destruction, hacking or intentional breaches, crisis management activity related to data breaches, and legal claims for security breach, privacy violations, and notification costs of at least $5,000,000 US per occurrence.
9. ADDITIONAL REQUIREMENTS:
Premium Payments - The insurance companies shall have no recourse against PIONEER and funding agencies, its officers and employees or any of them for payment of any premiums or assessments under any policy issued by a mutual insurance company.
to Consultant Services Agreement
369617.3
Policy Deductibles - The CONSULTANT shall be responsible for all deductibles in all of the CONSULTANT’s insurance policies. The maximum amount of allowable deductible for insurance coverage required herein shall be $25,000.
CONSULTANT’s Obligations - CONSULTANT’s indemnity and other obligations shall not be limited by the foregoing insurance requirements and shall survive the expiration of this Agreement.
Verification of Coverage - CONSULTANT shall furnish Pioneer with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by Pioneer before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. Pioneer reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Material Breach - Failure of the CONSULTANT to maintain the insurance required by this agreement, or to comply with any of the requirements of this section, shall constitute a material breach of the entire Agreement. In the event any policy is canceled prior to the completion of the Agreement and CONSULTANT does not furnish a new certificate of insurance prior to cancellation, PIONEER has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due CONSULTANT under this Agreement.
Subrogation – CONSULTANT hereby waives all rights of subrogation against PIONEER.
CONSULTANT shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.
Report of Claims – CONSULTANT shall report to PIONEER, in addition to CONSULTANT’s insurer, any and all insurance claims submitted to CONSULTANT’s insurer in connection with the services under this Agreement.
Premium Payments and Deductibles - CONSULTANT must disclose all deductibles and self-insured retention amounts to PIONEER. PIONEER may require Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, PIONEER must approve all such amounts prior to execution of this Agreement.
PIONEER has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. CONSULTANT shall be responsible for all premiums and deductibles in all of CONSULTANT’s insurance policies. The amount of deductibles for insurance coverage required herein are subject to PIONEER’s approval.
Duty to Defend and Indemnify – CONSULTANT’s duties to defend and indemnify PIONEER under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration or termination of this Agreement.
369617.3
EXHIBIT E
CAMPAIGN CONTRIBUTION DISCLOSURE FORM
Local governments are subject to the
campaign disclosure provisions detailed in
Government Code Section 84308.
Please carefully read the following information
to determine if the provisions apply to you. If
you determine that the provisions are
applicable, the Campaign Disclosure Form must
be completed and returned to Pioneer with your
application. .No Pioneer Board member or other Pioneer
official shall accept, solicit, or direct a
campaign contribution of more than $500
from any party1 financial interested
participant,2 or agent3 for 12 months after
the Pioneer approves a contract. This
prohibition commences when an application
is filed, or a proceeding is otherwise initiated.
.A party to a Pioneer proceeding shall disclose
on the record of the proceeding any campaign
contribution of more than $500 by a party or
agent to any Pioneer member or other Pioneer
official during the preceding 12 months. No
party to or participant in a Pioneer proceeding,
shall make a contribution of more than $500 to
a Pioneer Board member or other Pioneer official
during a proceeding and for 12 months after
the Pioneer approves a contract. No agent to
a party or participant shall make a
contribution in any amount to a Pioneer
board member or other Pioneer official
during the preceding 12 months following
the date a final decision is rendered by
Pioneer.
.A Pioneer Board member or other Pioneer
official who received a campaign
contribution of more than $500 within the
preceding 12 months from any party, or
agent, to a proceeding shall disclose that fact
on the record of the proceeding, and shall
abstain from participating in the proceeding.
However, if he or she receives a contribution
that otherwise would require disqualification,
and returns the contribution within 30 days of
making the decision, or knowing about the
contribution and the relevant proceeding,
whichever comes last, , he or she may
To determine whether you or your agent made
a campaign contribution of more than $500 to a
Pioneer Board member or other Pioneer official
within the preceding 12 months, you must
aggregate all such contributions.
Names of current Pioneer Board members and
other Pioneer officials are available on Pioneer’s
website. If you have questions about
Government Code Section 84308, FPPC
regulations, or the Campaign Disclosure Form,
please contact the Pioneer Clerk.
CAMPAIGN CONTRIBUTION
DISCLOSURE FORM
(a) Document:
License
Lease
Permit
Franchise
Other Contract
Other Entitlement
Name and address of any party, participant, or
agent, who has contributed more than $500 to
any Pioneer Board Member or other Pioneer
official within the preceding 12 months:
1. ____________________________________ 2. ____________________________________ 3. ____________________________________ (b)Date and amount of contribution:
Date Amount $
Date Amount $
(c) Name of Pioneer Board member or other
Pioneer official to whom contribution was
made:
1. ____________________________________ 2. ____________________________________ 3. ____________________________________ IP!~~ ra~i~ !ffflidl irlh® roii@wlITil@ 0IT'ilfumru©1ttn@IT'il oo idl®tt®1rmnITil® o1f ttlhl® [P)rn~~D@IT'il~ ©l[Pl[Pl~ tt@ [email protected] IT1f [email protected] idl®~limnITil® ttlhl©1tt ttlhl® [P)rn~~D@IT'il~ ©Im ©i[PJ[PlinraibJ!®0 ttlhl® (@lm[PJ©ID@IT'il IQlmmo.am IF©iim mo.a~ oo oom[PJI~ caJITilidl ii®irumoo oo IPD@ITil®®iiwlirJh [email protected] ©l[PJ[PJID~@IT'il
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369617.3
participate in the proceeding.
1 “Party” is defined as any person who files an
application for, or is the subject of, a
proceeding.
2 “Participant” is defined as any person who actively
supports or opposes a particular decision in a
proceeding.
3 “Agent” is defined as a person who represents
a party in connection with a proceeding. If an
individual acting as an agent also is acting as
an employee or member of a law, architectural,
engineering, or consulting firm, or a similar
entity or corporation, both the individual and
the entity or corporation are agents. When a
closed corporation is a party to a proceeding,
the majority shareholder is subject to these
provisions.
(d) Check here If no contributions have been
made to any Board member or other Pioneer
official in the preceding 12 months.
(e)I certify that the above information is
provided to the best of my knowledge.
Printed Name
Signature
Date Phone
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Staff Report – Item 2
To: The Governing Board
From: Sam Kang, Chief Operating Officer
Item 2: 2025 Pioneer Legislative Policy and Platform
Date: 4/17/2025
RECOMMENDATION
Receive and approve the 2025 Pioneer Legislative Policy and Platform that includes the following current recommendations: adopt support positions on Assembly Bill (AB) 706 (Aguiar-Curry), Senate Bill (SB) 88 (Caballero), AB 66 (Tangipa), AB 442 (Hadwick), and SB 540 (Becker).
BACKGROUND
Pioneer Community Energy (Pioneer) develops a Legislative Policy and Platform (Legislative Platform) annually in order to provide guidance and direction for Pioneer staff (staff) to respond in a timely and nimble manner, as changes occur quickly in a dynamic legislative environment. After identifying bills that fit the descriptions of the legislative policy and platform objectives mentioned below, staff ranks the bills as support, oppose, or watch based on how they would impact Pioneer and/or its customers.
The California State Legislature reconvened on January 6, 2025, and the final bill introduction deadline was February 21, 2025. Since this is the second year of a two-year session, many important new bills have been introduced in 2025 that may affect the energy market, generally, and Pioneer, specifically. Bill measures included in the Legislative Platform will likely be altered in intention, scope, and potential impact through amendments during the 2025 session. Staff will continue to monitor and keep the Board apprised accordingly if recommended positions should be revised. The attached Legislative Platform lists current bills of interest and bill measures being monitored and are not fully inclusive of all the bills on the legislative agenda.
Pioneer Community Energy Legislative Policy
Pioneer supports legislation that enables, protects, and enhances Pioneer’s priorities and ability to serve its customers as determined by the Governing Board of Pioneer.
Pioneer’s priorities are:
• To maintain local control for the purpose of preserving the ability to self-procure its power resources, and to self-determine its rates and the energy programs it offers to its residents, businesses, and the communities it serves, through the mechanisms of local governance • To provide lower and more stable rates for its customers • To provide economic benefits to its customers and the communities it serves • To have maximum flexibility to utilize and develop local resources for economic, social and environmental benefit
Pioneer will support legislation which enables, protects, and enhances the development and expansion of Community Choice Aggregation (CCA) programs, and that supports CCA independence in procurement, program deployment, management and decision making.
Plf)NEER
COMMUNITY ENERGY
Agenda Item: 2 Agenda Date: 4/17/2025
Pioneer will support legislation which allows it to develop and procure local energy generation resources to meet the needs of its electric customers, particularly biomass and other base load resources such as waste to energy.
Pioneer will support legislation which promotes a neutral, fair, and competitive energy market. Pioneer will oppose legislation that jeopardizes Pioneer’s independence to self-procure its power resources, determine its rates and the energy programs it provides to its customers in the present, or could restrict its independence to do so in the future.
Platform Objectives for 2025
• Protect and enhance local control and ability to self-govern, self-procure power resources, determine rates and energy programs
• Ensure CCA inclusion in market opportunities and programs • Prevent development of new, or increased non-bypassable charges from legislative mandates or policy direction, or other costs to Pioneer or its customers that do not provide commensurate benefit, and to phase out or eliminate existing non-bypassable charges that do not provide commensurate benefit • Protect and enhance procurement independence and local control of CCA governing boards • Protect and enhance independence to administer energy efficiency, integrated distributed energy resources, and to receive renewable energy credits and other benefits from the administration of such programs
• Protect and enhance the ability to develop local renewable generation from local sources including but not limited to biomass, waste-to-energy, and bio-methane generation resources • Reform IOU procurement practices to minimize stranded load and mitigate non-bypassable charges to CCA customers.
• Protect, support, and participate in the development of energy policy that is balanced, inclusive, and fair for all load serving entities and the customers they serve. • Pursue administrative and legislative initiatives that support the expansion of a regional grid that improves reliability, improves transmission planning, and reduces costs for ratepayers and load serving entities
ANALYSIS & DISCUSSION
Pioneer developed the 2025 Pioneer Legislative Policy and Platform based on the legislative policy and objectives mentioned above. All relevant bills were analyzed, summarized, and generally ranked as Support, Oppose, or Watch by staff. The following key bills are the highest priority Assembly and Senate bills introduced this session for Pioneer and have been designated a position of Support, Oppose or Watch, and sometimes denoting, Unless Amended.
Support: Pioneer will support in various ways that may include sponsorship, writing letters of support, lobbying other market participants to support, support through California Community Choice Association (CalCCA), requesting Member Agencies to offer their support, etc.
Oppose: Pioneer will oppose in various ways that may include writing letters of opposition, lobbying other market participants to oppose, oppose through CalCCA, requesting Member Agencies to oppose, etc.
Watch: Pioneer will monitor and continue to watch, offer support, or oppose depending on new information or modifications to the bill that may arise.
Agenda Item: 2 Agenda Date: 4/17/2025
Highest Priority Bills to Support or Oppose in 2025
AB 706, Aguiar-Curry (D) - Forest Organic Residue, Energy, and Safety Transformation (FOREST) and Wildfire Prevention Fund Act
Impact to Pioneer: Yes
This is a Pioneer sponsored bill that would establish the FOREST and Wildfire Prevention Fund, to promote biomass utilization that contributes to California’s wildfire fuel reduction targets. This fund would be continuously appropriated to the fire fuel reduction procurement program, also established by this bill. The fund and program would promote adequate biomass development and procurement to ensure forest waste generated from fuel reduction efforts can be processed into clean firm energy, instead of being left to decay or managed through prescribed and open pile burning.
Priority: High
Recommended Action/Position: Support. Pioneer’s service territory in the Sierra Nevada region contains an abundance of forest biomass waste which without proper management, turns into fuel for forest fires.
Creating a fund to support the development and procurement of biomass energy would create a market for biomass waste, resulting in lowered wildfire risk through fuel reduction and an increased supply of renewable baseload energy.
SB 88, Caballero (D) - The Biomass Utilization for Carbon Reduction Act Impact to Pioneer: Yes
This bill would require the California Air Resources Board, CalFire and the California Energy Commission to take specific steps to track, locate, and quantify the emissions from the burning of forest and agricultural waste. By developing a quantification method of the life-cycle emissions benefit from alternative uses of forest and agricultural biomass residues, the bill intends to monetize the value of avoided emissions during biomass waste utilization processes and encourage the beneficial use of biomass residues to prevent wildfires and avoid managed open pile burning.
Priority: High
Recommended Action/Position: Support. Pioneer’s service territory in the Sierra Nevada region contains an abundance of forest biomass waste which without proper management, turns into fuel for forest fires.
Creating a quantification method that can assign monetary value to the avoided emissions associated with biomass waste utilization processes will provide data-based evidence for the benefits of bioenergy.
AB 66, Tangipa (R) - California Environmental Quality Act (CEQA): exemption: egress route projects: fire safety
Impact to Pioneer: Yes
This bill would provide a temporary CEQA exemption, until January 1, 2032, for projects that create or improve emergency egress routes in residential areas and communities that currently lack a secondary route.
Priority: High
Recommended Action/Position: Support. Pioneer’s service territory and surrounding communities include high wildfire risk areas, which are especially at risk when there are not adequate emergency egress routes.
This bill would expedite the development process of secondary egress routes to ensure our communities can safely and efficiently evacuate in the event of wildfires.
Agenda Item: 2 Agenda Date: 4/17/2025
AB 442, Hadwick (R) - California Environmental Quality Act: exemption: prescribed fire, thinning, and fuel reduction projects
Impact to Pioneer: Yes
This bill would provide a CEQA exemption for prescribed fire, thinning, or fuel reduction projects undertaken within communities with a single ingress and egress evacuation route.
Priority: High
Recommended Action/Position: Support. Pioneer’s service territory and surrounding communities include high wildfire risk areas, which are especially at risk when there are not adequate emergency egress routes.
This bill would expedite forest management and fuel reduction projects in high-risk communities, promoting wildfire safety.
SB 540, Becker (D) - Independent System Operator: independent regional organization Impact to Pioneer: Yes
This bill would provide the California Independent System Operation (CAISO) with authority to implement the “Pathways Initiative”, which would allow CAISO to tap into a wider market of electricity sources throughout the broader Western region. Many studies have shown establishing a regional energy market stands to provide Californians with significant cost savings, enhanced grid reliability, and reduced air pollution.
Priority: High
Recommended Action/Position: Support. All California ratepayers, including Pioneer’s customers, are facing an energy affordability crisis, as both the demand and price of electricity continue to increase. Enabling the Pathways Initiative could provide substantial relief to our electricity grid and utility bills by allowing CAISO to draw upon a wider network of resources when our grid is stressed and enabling California’s export of excess renewables such as solar to other states, rather than curtailing them.
Bills on Watch List
Pioneer is closely watching a separate list of high and medium priority bills that may change in status (to support or oppose) based on how they evolve and correspond to Pioneer’s approved Legislative Policy and Platform.
STRATEGIC PLAN
The recommendation supports the Be a Community Partner Priority.
FISCAL IMPACT
There is no fiscal impact with the recommendation.
ATTACHMENTS
1. 2025 Pioneer Legislative Policy and Platform
2. AB 706 Fact Sheet
2025 State
Legislative Policy
and Platform
i | Page Pioneer State Legislative Policy and Platform 2025 Pioneer Community Energy Governing Board
Alice Dowdin Calvillo, City of Auburn, Chair
Greg Janda, City of Rocklin, Vice Chair
Tom Ivy, City of Grass Valley
Sean Lomen, City of Colfax
Lori Parlin, County of El Dorado
Richard Pearl, City of Lincoln
David Ring, Town of Loomis
Gary Petersen, City of Nevada City
Anthony Demattei, County of Placer
Suzanne Jones, County of Placer
Ryan Carter, City of Placerville
Alternates:
Sandy Amara, City of Auburn
Kim Douglass, City of Colfax
Brian Veerkamp, County of El Dorado
Jan Arbuckle, City of Grass Valley
John Reedy, City of Lincoln
Danny Cartwright, Town of Loomis
Lou Ceci, Nevada City
Bonnie Gore, County of Placer
David Yarbrough, City of Placerville
David Bass, City of Rocklin
ii | Page Pioneer State Legislative Policy and Platform 2025 Table of Contents
Pioneer Community Energy Governing Board ....................................................i Pioneer Community Energy Legislative Policy and Objectives .............................. 1 Pioneer Community Energy Legislative Policy ................................................ 1 Platform Objectives for 2025 ...................................................................... 2 2025 Legislation.......................................................................................... 3 2025 Priority Legislation Summary:……………………………………………………………………..3 2025 Highest Priority Active Bills Further Detail.............................................. 18 AB 706, Aguiar-Curry (D) - FOREST and Wildfire Prevention Fund Act …………..18 SB 88, Caballero (D) - The Biomass Utilization for Carbon Reduction Act……….18 AB 66, Tangipa (R) - California Environmental Quality Act: exemption:
egress route projects: fire safety……………………………………………………………………….18 AB 442, Hadwick (R) - California Environmental Quality Act: exemption:
prescribed fire, thinning, and fuel reduction projects ……………………………………….19 SB 540, Becker (D) - Independent System Operator: independent regional organization ………………………………………………………………………………………………………..19 Spot Bills............................................................................................... 20 Legislative Representatives for Current Service Territory ................................. 21 Legislative Representatives for Future Service Territory................................... 22 Appendix A: 2025 Legislative Session Calendar .............................................. 23 1 | Page Pioneer State Legislative Policy and Platform 2025 Pioneer Community Energy Legislative Policy and Objectives The purpose of this policy and its objectives is to provide guidance and direction for Pioneer staff, to allow them to respond in a timely and nimble manner, as many changes will occur in a dynamic legislative environment. Bills will be added and deleted as the legislation session continues and Pioneer’s positions may change based on possible amendments to the bills.
Pioneer Community Energy Legislative Policy
Pioneer Community Energy supports legislation that enables, protects, and enhances Pioneer’s priorities and ability to serve its customers as determined by the Governing Board of Pioneer Community Energy.
Pioneer’s priorities are:
• To maintain local control for the purpose of preserving the ability to self-procure its power resources, and to self-determine its rates and the energy programs it offers to its residents, businesses, and the communities it serves, through the mechanisms of local governance
• To provide lower and more stable rates for its customers • To provide economic benefits to its customers and the communities it serves • To have maximum flexibility to utilize and develop local resources for economic, social, and environmental benefit
Pioneer will support legislation which enables, protects, and enhances the development and expansion of Community Choice Aggregation (CCA) programs, and that supports CCA independence in procurement, program deployment, management and decision making.
Pioneer will support legislation which allows it to develop and procure local energy generation resources to meet the needs of its electric customers, particularly biomass and other base load resources such as waste to energy.
Pioneer will support legislation which promotes a neutral, fair, and competitive energy market. Pioneer will oppose legislation that jeopardizes Pioneer’s independence to self-procure its power resources, determine its rates and the energy programs it provides to its customers in the present, or could restrict its independence to do so in the future.
2 | Page Pioneer State Legislative Policy and Platform 2025 Platform Objectives for 2025
• Protect and enhance local control and ability to self-govern, self-procure power resources, determine rates and energy programs
• Ensure CCA inclusion in market opportunities and programs • Prevent development of new, or increased non-bypassable charges from legislative mandates or policy direction, or other costs to Pioneer or its customers that do not provide commensurate benefit, and to phase out or eliminate existing non-bypassable charges that do not provide commensurate benefit
• Protect and enhance procurement independence and local control of CCA governing boards
• Protect and enhance independence to administer energy efficiency, integrated distributed energy resources, and to receive renewable energy credits and other benefits from the administration of such programs • Protect and enhance the ability to develop local renewable generation from local sources including but not limited to biomass, waste-to-energy, and bio-methane generation resources • Reform IOU procurement practices to minimize stranded load and mitigate non-bypassable charges to CCA customers
• Protect, support, and participate in the development of energy policy that is balanced, inclusive, and fair for all load serving entities and the customers they serve
• Pursue administrative and legislative initiatives that support the expansion of a regional grid that improves reliability, improves transmission planning, and reduces costs for ratepayers and load serving entities
3 | Page Pioneer State Legislative Policy and Platform 2025 2025 Legislation
The following bills have been identified to be of interest or potential interest to Pioneer Community Energy. Each bill has been designated a Priority of High, Medium, or Low and a Position of Support, Oppose or Watch, and sometimes denoting, Oppose Unless Amended.
Support: Pioneer will support in various ways that may include co-sponsorship, writing letters of support, lobbying other market participants to support, support through California Community Choice Association (CalCCA), requesting Member Agencies to offer their support, etc.
Oppose: Pioneer will oppose in various ways that may include writing letters of opposition, lobbying other market participants to oppose, oppose through CalCCA, requesting Member Agencies to oppose, etc.
Watch: Pioneer will monitor and continue to watch, offer support, or oppose depending on new information or modifications to the bill that may arise. 2025 Priority Legislation Summary:
Active Bills to Support or Oppose:
Bill Author Description Status Priority/
Position
AB 706-
Forest Organic
Residue,
Energy, and
Safety
Transformation
(FOREST) and
Wildfire
Prevention
Fund Act
Aguiar-Curry This bill would establish the FOREST and
Wildfire Prevention Fund in the State
Treasury and would continuously
appropriate the fund to the Natural
Resources Agency to reduce organic fuel
sources that increase fire risk by
providing funding for the fire fuel
reduction procurement program, which
the bill would also establish, to support
sufficient biomass procurement that
reduces fuel for wildfires, as specified. By
continuously appropriating money in the
fund to the agency, the bill would make
an appropriation. The bill would require
the fire fuel reduction program to grant
procurement priority to BioRAM, as
defined, and BioMAT, as defined, fleets, in
existence on or before January 1, 2026.
Assembly
Natural
Resources
High;
Support
SB 88-
The Biomass
Utilization for
Carbon
Reduction Act
Caballero The bill would require the state board, on
or before January 1, 2028, to adopt a
method of quantification or a lifecycle
model for avoided carbon emissions,
including, but not limited to, carbon
dioxide, methane, and black carbon, from
wildfire from the application of prescribed
Assembly
Natural
Resources and
Water
High;
Support
4 | Page Pioneer State Legislative Policy and Platform 2025 fire to forest biomass resources and
agricultural biomass resources, and to
develop a carbon credit or offset protocol
for biochar and other beneficial carbon-removal products that result from the avoidance of megafires and prescribed
fire using existing methodologies. The bill
would require the state board, on or
before January 1, 2029, to vote on a
carbon credit or offset protocol for biochar
or other carbon removal products and
include that credit or protocol in the
compliance offset program if the
assessment determines that a carbon
credit or offset protocol for production
and use of biochar or other carbon
removal products is appropriate. The bill
would require the Department of Forestry
and Fire Protection to require all state-funded forest health projects to include an appropriate forest biomass resource
disposal component that includes a
scientifically based, verifiable method to
determine the amount of biomass to be
physically removed and the amount to be
burned by prescribed fire.
AB 66-
California
Environmental
Quality Act:
exemption:
egress route
projects: fire
safety
Tangipa Would, until January 1, 2032, exempt
from the California Environmental Quality
Act (CEQA) egress route projects
undertaken by a public agency to improve
emergency access to and evacuation from
a subdivision without a secondary egress
route if the State Board of Forestry and
Fire Protection has recommended the
creation of a secondary access to the
subdivision and certain conditions are
met. The bill would require the lead
agency to hold a noticed public meeting
to hear and respond to public comments
before determining that a project is
exempt. The bill would require the lead
agency, if it determines that a project is
not subject to CEQA and approves or
carries out that project, to file a notice of
exemption with the Office of Land Use
and Climate Innovation and with the clerk
of the county in which the project will be
located.
Assembly
Appropriations
High;
Support
5 | Page Pioneer State Legislative Policy and Platform 2025 AB 442-
California
Environmental
Quality Act:
exemption:
prescribed fire,
thinning, and
fuel reduction
projects
Hadwick CEQA exempts from its requirements
prescribed fire, reforestation, habitat
restoration, thinning, or fuel reduction
projects, and certain related activities,
undertaken in whole or in part on federal
lands to reduce the risk of high-severity
wildfire, if those projects and activities
meet certain requirements. This bill would
exempt from CEQA prescribed fire,
thinning, or fuel reduction projects
undertaken within a community with a
single ingress and egress evacuation
route.
Assembly
Natural
Resources
High;
Support
SB 540-
Independent
System
Operator:
independent
regional
organization
Becker Current law provides for the
establishment of an Independent System
Operator (ISO) as a nonprofit public
benefit corporation and requires the ISO
to ensure efficient use and reliable
operation of the electrical transmission
grid consistent with achieving planning
and operating reserve criteria no less
stringent than those established by the
Western Electricity Coordinating Council
and the North American Electric Reliability
Council. Current law, the Clean Energy
and Pollution Reduction Act of 2015,
provides for the transformation of the ISO
into a regional organization, with the
approval of the Legislature, pursuant to a
specified process. That process provides
those modifications to the ISO’s
governance structure, through changes to
its bylaws or other corporate governance
documents, will not become effective until
the ISO, the Public Utilities Commission,
the State Energy Resources Conservation
and Development Commission, the State
Air Resources Board (state board), the
Governor, and the Legislature take
specified actions on or before January 1,
2019. This bill would delete the above-described provisions providing for the transformation of the ISO into a regional
organization. The bill would authorize the
ISO and the electrical corporations that
are participating transmission owners
whose transmission systems are operated
by the ISO, in lieu of the ISO managing
related energy markets, as provided, to
Assembly
Energy, Utilities,
and
Communications
High;
Support
6 | Page Pioneer State Legislative Policy and Platform 2025 use energy markets governed by an
independent regional organization,
provided that specified requirements are
satisfied.
Active Bills to Watch:
Bill Author Description Status Priority/
Position
AB 70-
Solid waste:
organic waste:
diversion:
biomethane
Aguiar-CurryThe California Integrated Waste
Management Act of 1989 requires each
city, county, and regional agency to
develop a source reduction and recycling
element of an integrated waste
management plan. The act requires that
element to include a 50% solid waste
diversion requirement, as specified, and
provides that up to 10% may be achieved
through biomass conversion under certain
conditions, with biomass conversion defined
as the production of heat, fuels, or
electricity by certain means from specified
materials. One of the conditions for using
biomass conversion to satisfy a portion of
the solid waste diversion requirement is
that pyrolysis not be included in the source
reduction and recycling element. Pyrolysis
is not defined for that purpose or for other
purposes in the act. This bill would define
pyrolysis as the thermal decomposition of
material at elevated temperatures in the
absence or near absence of oxygen.
Existing law requires the Department of
Resources Recycling and Recovery, in
consultation with the State Air Resources
Board, to adopt regulations, as specified, to
achieve a reduction in the organic waste
disposed of in landfills. The department’s
regulations provide for, among other
things, the calculation by the department of
recovered organic waste product
procurement targets for each local
Assembly
Appropriations
High; Watch
7 | Page Pioneer State Legislative Policy and Platform 2025 jurisdiction and a list of eligible recovered
organic waste products for purposes of the
procurement targets. This bill would require
the department, no later than January 1,
2027, to amend those regulations to
include, as a recovered organic waste
product attributable to a local jurisdiction’s
procurement target, pipeline biomethane
converted exclusively from organic waste,
as specified.
AB 1207-
Climate
change:
market-based
compliance
mechanism
Irwin The California Global Warming Solutions
Act of 2006 designates the State Air
Resources Board as the state agency
charged with monitoring and regulating
sources of emissions of greenhouse gases
and requires the state board to ensure that
statewide greenhouse gas emissions are
reduced to at least 40% below the 1990
level by 2030. The act, until January 1,
2031, authorizes the state board to adopt a
regulation establishing a system of market-based declining aggregate emissions limits for sources or categories of sources that
emit greenhouse gases (market-based
compliance mechanism) that meets certain
requirements. Pursuant to this authority,
the state board adopted the California
Greenhouse Gas Cap-and-Trade Program.
This bill would state the intent of the
Legislature to enact subsequent legislation
to reauthorize the California Greenhouse
Gas Cap-and-Trade Program.
Assembly
Natural
Resources
High; Watch
SB 840-
Greenhouse
gases: market-based
compliance
mechanism
Limon Existing law authorizes the State Air
Resources Board to establish a system of
market-based declining annual aggregate
emissions limits for sources or categories of
sources that emit greenhouse gases that is
applicable from January 1, 2021, to
December 31, 2030, inclusive, and that
meets certain requirements (market-based
compliance mechanism). This bill would
Assembly
Environmental
Quality
High; Watch
8 | Page Pioneer State Legislative Policy and Platform 2025 state the intent of the Legislature to enact
subsequent legislation to reform, and
extend the operation of, the market-based
compliance mechanism.
SB 541-
Electricity: load
shifting:
dynamic pricing
Becker Existing law requires the State Energy
Resources Conservation and Development
Commission (Energy Commission), in
consultation with the specified entities, to
adopt a biennial integrated energy policy
report containing certain information in a
specified format. Existing law requires the
Energy Commission, in consultation with
the Public Utilities Commission (PUC) and
the Independent System Operator, to adopt
a goal for load shifting to reduce net peak
electrical demand and adjust this target in
each biennial integrated energy policy
report thereafter. This bill would require the
Energy Commission, as part of each
integrated energy policy report, to allocate
the incremental load shifting needed to
reach the above-described load-shifting
goal, including biennial adjustments to the
goal, to each retail supplier, as defined,
based on the relative share of statewide
load of each retail supplier, as specified.
The bill would require the Energy
Commission to establish rules for
evaluating the effectiveness of the various
load-shifting strategies for the purpose of
determining how much credit a retail
supplier should get for each type of load
flexibility effort it undertakes, as specified.
Assembly
Energy, Utilities,
and
Communications
High; Watch
AB 550-
Fire prevention:
grant
programs:
reporting.
Petrie-NorrisCurrent law requires the Wildfire and Forest Resilience Task Force to develop a
comprehensive implementation strategy to
track and ensure the achievement of the
goals and key actions identified in
“California’s Wildfire and Forest Resilience
Action Plan” issued by the task force in
January 2021. Current law requires the
Assembly
Natural
Resources
Moderate;
Support
9 | Page Pioneer State Legislative Policy and Platform 2025 task force to submit, as part of the
implementation strategy, a report to the
appropriate policy and budget committees
of the Legislature on progress made in
achieving the goals and key actions
identified in the state’s action plan, on state
expenditures made to implement these key
actions, and on additional resources and
policy changes needed to achieve these
goals and key actions, as provided. This bill
would require the task force, on or before
July 1, 2026, and annually thereafter, to
compile and post on its internet website
specified information relating to specified
state and federal grant programs relating to
fire prevention, as provided.
SB 332-
Investor-Owned
Utilities
Accountability
Act
Wahab Would require the State Energy Resources
Conservation and Development Commission
(Energy Commission), in coordination with
the public advisor and the Public Utilities
Commission (PUC), on or before March 31,
2026, to issue a request for proposals for a
team to develop a study. The bill would
require the study to (1) conduct a historical
energy justice assessment of the investor-owned utility’s (IOU) operations and impacts, (2) complete a comparative
analysis of the benefits and challenges of
transitioning the IOUs to a successor entity
in order to identify a recommended model,
and, (3) if the study finds that it is in the
best long-term interests of the people and
ecologies of California to transition away
from an investor-owned utility model,
create a justice-centered implementation
plan for managing the transition. The bill
would require the Energy Commission, on
or before June 30, 2026, to select the study
team that is awarded the contract. The bill
would require the Energy Commission to
hold a public proceeding and submit a
report of the study team’s findings and
Assembly
Energy, Utilities,
and
Communications
Moderate;
Watch
10 | Page Pioneer State Legislative Policy and Platform 2025 recommendations to the Legislature no
later than 24 months after selecting the
study team for the feasibility portion of the
study, and no later than 36 months after
selecting the study team for the
implementation plan portion of the study,
as specified.
AB 404-
California
Environmental
Quality Act:
exemption:
prescribed fire,
reforestation,
habitat
restoration,
thinning, or fuel
reduction
projects
Sanchez Existing law, until January 1, 2028, except
for the issuance of a permit or other permit
approval, exempts from the requirements
of CEQA prescribed fire, reforestation,
habitat restoration, thinning, or fuel
reduction projects, or related activities,
undertaken, in whole or in part, on federal
lands to reduce the risk of high-severity
wildfire that have been reviewed under the
federal National Environmental Policy. This
bill would extend the above exemption and
requirements on the lead agency
indefinitely.
Assembly
Natural
Resources
Moderate;
Watch
AB 513-
California
Global Warming
Solutions Act of
2006: scoping
plan
Gonzalez The California Global Warming Solutions
Act of 2006 designates the State Air
Resources Board as the state agency
charged with monitoring and regulating
sources of emissions of greenhouse gases.
The act requires the state board to prepare
and approve a scoping plan for achieving
the maximum technologically feasible and
cost-effective reductions in greenhouse gas
emissions and to update the scoping plan
at least once every 5 years. This bill would
require the state board to include
greenhouse gas emissions from wildlands
and forest fires in the scoping plan.
Assembly
Natural
Resources
Moderate;
Watch
AB 526-
Energy: new in-state
geothermal
Papan Would require the Energy Commission, in
coordination with specified agencies, to
develop a strategic plan for the
development of new in-state geothermal
energy, as defined, in California. The bill
would require the Energy Commission to
Moderate;
Watch
11 | Page Pioneer State Legislative Policy and Platform 2025 energy
generation
submit the strategic plan to the Natural
Resources Agency and the Legislature on or
before June 30, 2027. The bill would
require the Energy Commission, on or
before June 1, 2026, to evaluate and
quantify the maximum feasible capacity of
new in-state geothermal energy to achieve
reliability, ratepayer, employment, and
decarbonization benefits, and to establish
megawatt in-state next-generation
geothermal planning goals for 2035 and
2045, as specified.
AB 1456-
California
Environmental
Quality Act:
vegetation fuel
management
project
exemption.
Bryan This bill would exempt from CEQA a
vegetation fuel management project, as
defined, undertaken or funded by a public
agency, or the adoption of an ordinance
requiring the implementation of a
vegetation fuel management project. The
bill would require a lead agency that
determines to carry out or approve an
activity that is within the exemption to file
a notice of exemption with the Office of
Land Use and Climate Innovation, as
specified.
Moderate;
Watch
SB 769-
The Golden
State
Infrastructure
Corporation Act
Caballero The Bergeson-Peace Infrastructure and
Economic Development Bank Act authorizes
the California Infrastructure and Economic
Development Bank, governed by a board of
directors, to make loans, issue bonds, and
provide other financial assistance for
various types of infrastructure and
economic development projects. Current
law establishes the California Infrastructure
and Economic Development Bank Fund, a
continuously appropriated fund, to support
the bank. This bill would enact the Golden
State Infrastructure Corporation Act and
would establish the Golden State
Infrastructure Corporation, within the State
Treasurer’s Office, as a not-for-profit
corporation for the purpose of
Moderate;
Watch
12 | Page Pioneer State Legislative Policy and Platform 2025 administering the act and financing
infrastructure projects. The bill would
require the corporation to be governed by a
board of directors, with a prescribed
membership, and would require the
business and affairs of the corporation to
be managed by an executive director
appointed by the Treasurer. This bill would
prescribe the powers and duties of the
corporation, including entering into
financing transactions, borrowing money or
issuing bonds, and setting and charging
fees for obtaining financing from the
corporation.
AB 434-
Battery energy
storage
facilities
DeMaio Current law authorizes a person proposing
an eligible facility, including an energy
storage system that is capable of storing
200 MWh or more of energy, to file with the
State Energy Resources Conservation and
Development Commission an application for
certification for the site and related facility,
as provided. Current law provides that the
certification issued by the commission is in
lieu of any permit, certificate, or similar
document required by a state, local, or
regional agency for the use of the site and
related facility. This bill would exclude
energy storage facilities that use batteries
as a storage medium from the above-described provisions. This bill would prohibit, until January 1, 2028, a public
agency from authorizing the construction of
a battery energy storage facility, as
defined. The bill would require the State
Fire Marshal, on or before January 1, 2028,
to adopt guidelines and minimum standards
for the construction of a battery energy
storage facility to prevent fires and protect
nearby communities from any fire hazard
posed by the facility.
Moderate;
Watch
13 | Page Pioneer State Legislative Policy and Platform 2025 AB 942-
Net energy
metering:
eligible
customer-generators:
tariffs
Calderon Current law requires each electrical utility,
including each electrical corporation, local
publicly owned electric utility, electrical
cooperative, or other entity that offers
electrical service, except as specified, to
develop a standard contract or tariff that
provides for net energy metering (NEM),
which, among other things, compensates
each eligible customer-generator, as
defined, for the electricity it generated
during a preceding 12-month period that
exceeds the electricity supplied by the
electrical utility through the electrical grid
to the eligible customer-generator during
that same period, as provided. Current law
requires each electrical utility to make the
contract or tariff available to eligible
customer-generators, upon request, on a
first-come-first-served basis until the time
that the total rated generating capacity
used by those eligible customer-generators
exceeds 5% of the electrical utility’s
aggregate customer peak demand, except
as specified. This contract or tariff is
commonly known as NEM 1.0. Current law
requires the Public Utilities Commission to
develop an additional standard contract or
tariff, which may include NEM, for eligible
customer-generators that are customers of
large electrical corporations, as defined.
Current law requires each large electrical
corporation to offer this standard contract
or tariff to its eligible customer-generators
beginning July 1, 2017, or before that date
if ordered to do so by the commission
because it has reached the above-mentioned 5% NEM 1.0 program limit, and prohibits limiting the amount of generating
capacity or the number of new eligible
customer-generators entitled to receive
service pursuant to this standard contract
or tariff, as specified. This contract or tariff
is commonly known as NEM 2.0. Current
Moderate;
Watch
14 | Page Pioneer State Legislative Policy and Platform 2025 law authorizes the commission to revise the
standard contract or tariff as appropriate to
achieve specified objectives. This bill would
provide that, on and after July 1, 2026, an
eligible customer-generator that has taken
service pursuant to NEM 1.0 or 2.0 for 10
or more years is no longer entitled to take
service under that contract or tariff.
SB 618-
Electricity:
deenergization
events:
reimbursement
credit
Reyes Current law requires each electrical
corporation to annually prepare a wildfire
mitigation plan and to submit its plan to the
commission for review and approval, as
specified. Current law requires that the
wildfire mitigation plan includes, among
other things, protocols for deenergizing
portions of the electrical distribution system
that consider the associated impacts on
public safety. This bill would require each
electrical corporation to automatically
provide a reimbursement credit to all
customers affected by a deenergization
event in an amount equal to $30 for every
24 hours that a customer experiences a
deenergization event. The bill would
prohibit the reimbursement credit from
being funded with ratepayer moneys.
Moderate;
Support
AB 44-
Energy:
electrical
demand
forecasts
Schultz Would require the State Energy Resources
Conservation and Development
Commission, on or before December 1,
2026, and in consultation with the Public
Utilities Commission, Independent System
Operator, load-serving entities, and
resource aggregators, to adopt a set of
upfront technical requirements and load
modification protocols, as defined, to
provide the option for a load-serving entity
to reduce or modify its electrical demand
forecast upon aggregated system
operation, as specified. The bill would
require the commission to evaluate new
and existing mechanisms that can support
Moderate;
Support
15 | Page Pioneer State Legislative Policy and Platform 2025 or expand opportunities for load-serving
entities to modify their hourly resource
adequacy obligations through load
management and would authorize the
Energy Commission to include its findings
and recommendations in its integrated
energy policy report.
2024 Bills of Interest Signed by Governor and Chaptered by the Secretary of State
Bill Author Description Status
AB 2902-
Organic waste
reduction
regulations
Wood Extends the rural jurisdiction exemption from
collection and procurement requirements under
SB 1383. Requires CalRecycle to exclude
residents from the low population or elevation
waivers from the population in determining a
local jurisdiction's organic waste procurement
target. Gives a jurisdiction that no longer
qualifies for a rural exemption due to
population 3 years from the date of that
population increase to comply with the organic
waste collection and procurement
requirements. Authorizes nonexempt counties
that generate less than 200,000 tons of solid
waste annually to seek approval of a different
organic waste diversion program. Authorizes a
nonexempt jurisdiction to request a waiver
from the requirement to separate and recover
food waste due to public safety issues because
of local bear populations.
Signed by
Governor
SB 867-
Climate Bond
Allen Would enact the Drought, Flood, and Water
Resilience, Wildfire and Forest Resilience,
Coastal Resilience, Extreme Heat Mitigation,
Biodiversity and Nature-Based Climate
Solutions, Climate Smart Agriculture, Park
Creation and Outdoor Access, and Clean Energy
Bond Act of 2024, which, if approved by the
voters, would authorize the issuance of bonds
in the amount of $15,500,000,000 pursuant to
the State General Obligation Bond Law to
finance projects for drought, flood, and water
resilience, wildfire and forest resilience, coastal
resilience, extreme heat mitigation, biodiversity
and nature-based climate solutions, climate
Signed by
Governor
16 | Page Pioneer State Legislative Policy and Platform 2025 smart agriculture, park creation and outdoor
access, and clean energy programs.
AB 2750-
Electricity:
procurement:
generation
from biomass
Gallagher Extends the deadline for IOUs and POUs to
procure their proportionate share of 125 MW
from bioenergy projects from December 1,
2023, to July 1, 2025. Requires entities seeking
to amend the contracts or seeking approval for
new contracts to include expiration dates at
least 5 years later, rather than the expiration
dates in the contracts that were operative in
2022. Specifies that this contracting
requirement applies to biomass facilities located
in areas that voluntarily opt for severe or
extreme nonattainment status for particulate
matter or ozone but have measured levels of
particulate matter or ozone that are below the
severe nonattainment classification level.
Signed by
Governor
2024 Bills of Interest - Dead
Bill Author Description Status
AB 2787-
Energy:
building
standards:
photovoltaic
requirements
Patterson Requires until January 1, 2028, residential
construction to repair or replace a
residential building damaged because of a
disaster in which a state of emergency has
been proclaimed to comply with the
requirements regarding photovoltaic
systems that were in effect when the
building was constructed.
Vetoed by
Governor
SB 1062-
Energy:
conversion of
biomass
energy
generation
facilities
Dahle Requires the Department of Conservation to
develop the Biomass Technology Transition
Program to support the conversion of
energy generation facilities using biomass
and tradition combustion technologies to
new advanced technology facilities that
result in reductions in the emissions of
criteria pollutants, toxic air contaminants,
and greenhouse gases. Requires the
Department to identify facilities that are at
least 10MW, use forest biomass, and
facilities that are interested in converting
the facilities to advanced bioenergy
technologies. Requires IOUs and certain
POUs to collectively procure though 15-year
contract, 125MW of biomass.
Held in
Assembly
Appropriations
SB 1014-
Wildfire
safety: The
Dodd Current law makes the Deputy Director of
Community Wildfire Preparedness and
Mitigation responsible for fire preparedness
Held in
Assembly
Appropriations
17 | Page Pioneer State Legislative Policy and Platform 2025 California
Wildfire
Mitigation
Strategic
Planning Act
and mitigation missions of the Department
of Forestry and Fire Protection, as provided.
This bill would require the deputy director,
on or before January 1, 2026, and every 3
years thereafter, to prepare a Wildfire Risk
Mitigation Planning Framework sufficient to
quantitatively evaluate wildfire risk
mitigation actions, as provided. The bill
would require the framework to allow for
geospatial evaluation and comparison of
wildfire risk mitigation actions, as defined,
sufficient to direct coordinated mitigation
efforts and long-term collaborative
mitigation.
18 | Page Pioneer State Legislative Policy and Platform 2025 2025 Highest Priority Active Bills Further Detail
AB 706, Aguiar-Curry (D) - Forest Organic Residue, Energy, and Safety Transformation (FOREST) and Wildfire Prevention Fund Act Impact to Pioneer: Yes
This Pioneer sponsored bill would establish the FOREST and Wildfire Prevention Fund, to promote biomass utilization that contributes to California’s wildfire fuel reduction targets. This fund would be continuously appropriated to the fire fuel reduction procurement program, also established by this bill. The fund and program would promote adequate biomass development and procurement to ensure forest waste generated from fuel reduction efforts can be processed into clean firm energy, instead of being left to decay or managed through open pile burning.
Priority: High
Recommended Action/Position: Support. Pioneer’s service territory in the Sierra Nevada region contains an abundance of forest biomass waste which without proper management, turns into fuel for forest fires. Creating a fund to support the development and procurement of biomass energy would create a market for biomass waste, resulting in lowered wildfire risk through fuel reduction and an increased supply of renewable baseload energy.
SB 88, Caballero (D) - The Biomass Utilization for Carbon Reduction Act Impact to Pioneer: Yes
This bill would require the California Air Resources Board, CalFire and the California Energy Commission to take specific steps to track, locate, and quantify the emissions from the burning of forest and agricultural waste. By developing a quantification method of the life-cycle emissions benefit from alternative uses of forest and agricultural biomass residues, the bill intends to monetize the value of avoided emissions during biomass waste utilization processes and encourage the beneficial use of biomass residues to prevent wildfires and avoid managed open pile burning.
Priority: High
Recommended Action/Position: Support. Pioneer’s service territory in the Sierra Nevada region contains an abundance of forest biomass waste which without proper management, turns into fuel for forest fires. Creating a quantification method that can assign monetary value to the avoided emissions associated with biomass waste utilization processes will provide data-based evidence for the benefits of bioenergy.
AB 66, Tangipa (R) - California Environmental Quality Act (CEQA):
exemption: egress route projects: fire safety
Impact to Pioneer: Yes
This bill would provide a temporary CEQA exemption, until January 1, 2032, for projects that create or improve emergency egress routes in residential areas and communities that currently lack a secondary route.
19 | Page Pioneer State Legislative Policy and Platform 2025 Priority: High
Recommended Action/Position: Support.
Pioneer’s service territory and surrounding communities include high wildfire risk areas, which are especially at risk when there are not adequate emergency egress routes. This bill would expedite the development process of secondary egress routes to ensure our communities can safely and efficiently evacuate in the event of wildfires.
AB 442, Hadwick (R) - California Environmental Quality Act: exemption:
prescribed fire, thinning, and fuel reduction projects
Impact to Pioneer: Yes
This bill would provide a CEQA exemption for prescribed fire, thinning, or fuel reduction projects undertaken within communities with a single ingress and egress evacuation route.
Priority: High
Recommended Action/Position: Support. Pioneer’s service territory and surrounding communities include high wildfire risk areas, which are especially at risk when there are not adequate emergency egress routes. This bill would expedite forest management and fuel reduction projects in high-risk communities, promoting wildfire safety.
SB 540, Becker (D) - Independent System Operator: independent regional organization
Impact to Pioneer: Yes
This bill would provide the California Independent System Operation (CAISO) with authority to implement the “Pathways Initiative”, which would allow CAISO to tap into a wider market of electricity sources throughout the broader Western region.
Many studies have shown establishing a regional energy market stands to provide Californians with significant cost savings, enhanced grid reliability, and reduced air pollution.
Priority: High
Recommended Action/Position: Support. All California ratepayers, including Pioneer’s customers, are facing an energy affordability crisis, as both the demand and price of electricity continue to increase. Enabling the Pathways Initiative could provide substantial relief to our electricity grid and utility bills by allowing CAISO to draw upon a wider network of resources when our grid is stressed and enabling California’s export of excess renewables such as solar to other states, rather than curtailing them.
20 | Page Pioneer State Legislative Policy and Platform 2025 Spot Bills
There were numerous Spot Bills, not included in this document, in both the Assembly and the Senate. Spot bills make technical, non-substantive changes in the law and function as a placeholder for a later proposal, and they must be amended prior to being heard in a committee. As these bills were amended, the Board was apprised of the potential impact on Pioneer and CCAs, as appropriate. 21 | Page Pioneer State Legislative Policy and Platform 2025 Legislative Representatives for Current Service Territory Senate
Megan Dahle – District 1
Capitol Office: 1021 O Street, Room 7230, Sacramento, CA 95814; (916) 651-4001 Redding District Office: 1320 Yuba Street, Suite 102, Redding, CA 96001; (530) 224-7001
Grass Valley District Office: 120 N. Auburn Street, Suite 214, Grass Valley, CA 95945; (530) 271-7412
Chico District Office: 2635 Forest Avenue, Suite 110, Chico, CA 95928; (530) 879- 7424
Marie Alvarado-Gil – District 4
Capitol Office: 1021 O Street, Room 7240, Sacramento, CA 95814; (916) 651-4004 Modesto District Office: 1020 15th Street, Suite 21, Modesto, CA 95354; (209) 576-6001
El Dorado Hills District Office: 4364 Town Center Boulevard, Suite 313, El Dorado Hills, CA 9576; (916) 933-8680
Roger Niello – District 6
Capitol Office: 1021 O Street, Room 7110, Sacramento, CA 95814; (916) 651-4006 Roseville District Office: 2200A Douglas Blvd., Suite 100, Roseville, CA 95661; (916) 772-0571
Rancho Cordova District Office: 2729 Prospect Park Drive, Suite 130, Rancho Cordova, CA 95670; (916) 464-3080
Assembly
Heather Hadwick – District 1
Capitol Office: 1021 O Street, Suite 5710, Sacramento, CA 95814 (916) 319-2001
Jackson District Office: 810 Court Street, 2nd Floor, Jackson, CA 95642; (530) 265-0601
Redding District Office: 930 Executive Way, Suite 201, Redding, CA 96002; (530) 223-6300
Joe Patterson – District 5
Capitol Office: 1021 O Street, Suite 4530, Sacramento, CA 95814 (916) 319-2005
Rocklin District Office: 6030 West Oaks Boulevard, Suite 145 Rocklin, CA 95765; (916) 435-0501
22 | Page Pioneer State Legislative Policy and Platform 2025 Legislative Representatives for Future Service Territory Assembly
James Gallagher – District 3
Capitol Office: 1021 O Street, Suite 4740, Sacramento, CA 95814; (916) 319- 2001
Main Chico District Office: 2060 Talbert Drive, Suite 110, Chico, CA 95928; (530) 895-4217
Satellite Yub City District Office: 1130 Civic Center Boulevard, Yuba City, CA 95993, (530) 671-0303
David Tangipa – District 8
Capitol Office: 1021 O Street, Suite 4310, Sacramento, CA 95814; (916) 319- 2005
Fresno District Office: 6245 N. Fresno Street, Suite 106, Fresno, CA 93710; (559) 446-2029
23 | Page Pioneer State Legislative Policy and Platform 2025 Appendix A: 2025 Legislative Session Calendar
January Deadlines:
Jan. 1 Statutes take effect
Jan. 6 Legislature reconvenes
Jan. 10 Budget must be submitted by Governor
Jan. 24 Last day to submit bill requests to the Office of Legislative Counsel
February Deadlines:
Feb. 21 Last Day for bills to be introduced
March Deadlines:
April Deadlines:
Apr. 10 Spring Recess begins upon adjournment
Apr. 21 Legislature reconvenes from Spring Recess
May Deadlines:
May 2 Last day for policy committees to hear and report to fiscal committees’ fiscal bills introduced in their house
May 9 Last Day for policy committees to meet and report to the floor non-fiscal bills introduced in their house
May 16 Last day for policy committees to meet prior to June 9 May 23 Last day for fiscal committees to meet prior to June 9 Last day for fiscal committees to meet and report to the floor bills introduced in their house
June Deadlines:
June 2 Floor session only. No committee may meet for any purpose except for Rules Committee, bills referred pursuant to A.R. 77.2, and Conference Committees
June 6 Last day for each house to pass bills introduced in that house June 9 Committee meetings may resume
June 15 Budget Bill must be passed by midnight
24 | Page Pioneer State Legislative Policy and Platform 2025 July Deadlines:
July 18 Last day for policy committees to meet and report bills Summer Recess begins on adjournment, provided Budget Bill has been passed
August Deadlines:
Aug. 18 Legislature reconvenes from Summer Recess
Aug. 29 Last day for fiscal committees to hear and report bills to the Floor
Important Dates Occurring During Final Recess: 2025
Sep. 2 Floor session only—no committee may meet for any purpose, except Rules Committee, bills referred pursuant to Assembly Rule 77.2, and Conference Committees
Sep. 5 Last day to amend bills on floor
Sep. 12 Last day for each house to pass bills
Interim Recess begins upon adjournment
Oct. 12 Last day for Governor to sign or veto bills passed by the Legislature on or before Sept. 12 and in the Governor's possession on or after Sept. 12
2026
Jan. 1 Statutes take effect
AB 706 – Forest Organic Residue, Energy, and Safety Transformation (FOREST) and Wildfire Prevention Fund Act
__________________________________________________________________________________________ AB 706 (Aguiar-Curry) Fact Sheet | Updated 3/30/2025
SUMMARY
California’s forests, which cover nearly a third of the state, face growing threats from wildfires, drought, and invasive species. While the state is committed to
reducing fire risks by removing forest biomass waste, it lacks the infrastructure to convert this waste into
sustainable solutions like bioenergy. As a result, much of it is burned or left to decay, releasing harmful emissions.
AB 706 seeks to address this gap by establishing the
FOREST and Wildfire Prevention Fund, promoting
climate-friendly biomass utilization without passing
costs onto energy ratepayers.
BACKGROUND
California’s forests provide vital climate, social, and economic benefits but face growing wildfire threats. In the past decade, 8 of the state's 10 largest wildfires
devastated millions of acres, homes, and businesses,
while worsening climate and air pollution which
undermined the state’s climate and air quality goals.
According to a study by University of California, Los
Angeles and University of Chicago researchers, the 2020 wildfires alone erased all of the carbon dioxide
reductions made by California since 2003.
In 2018, California partnered with the U.S. Forest Service to remove biomass waste from one million acres
annually, to reduce wildfires and restore healthier, more resilient forests. The state’s Forest Biomass Utilization Plan estimates 10 to 15 million tons of waste will be
generated each year. Converting some of this waste to
energy, as outlined in the California Forest Carbon Plan— adopted by the California Environmental Protection
Agency and the California Natural Resources Agency—
could reduce climate and air pollution by 98% compared
to open burning.
PROBLEM
Despite initial efforts and programming, California has only a small fraction of the facilities required to convert forest biomass waste into climate-friendly bioenergy and other valuable wood products. Without the proper
infrastructure to process this biomass, it will either be openly burned or left to decay. Open burning releases
enormous amounts of pollutants, negatively impacting
air quality and contributing to climate change.
Meanwhile, decaying biomass produces methane—a
greenhouse gas 80 times more potent than carbon
dioxide—while continuing to pose a fire risk.
THIS BILL
AB 706 will ensure the beneficial use of forest biomass, reducing pollutant and greenhouse gas emissions by
establishing the FOREST and Wildfire Prevention Fund.
This will fund the fire fuel reduction procurement
program, supporting adequate biomass procurement to
manage forest waste generated from wildfire fuel
reduction efforts. It will enable the state to sustainably utilize this waste, without imposing any financial burden on California’s energy ratepayers.
SUPPORT
Pioneer Community Energy
CONTACT
Marika Nell, Legislative Director
Office of Majority Leader Cecilia Aguiar-Curry
E: [email protected] | P: (916) 319-2004
FACT SHEET
Staff Report – Item 3
To: The Governing Board
From: Paige Garcia, Program Manager
Item 3: Adopt a Resolution Approving and Authorizing the Chief Executive Officer to Execute an Agreement with Energy Mission Control dba FuSE Carbon Technologies for Low Carbon Fuel Standard (LCFS) Program Services
Date: 4/17/2025
RECOMMENDATION
Adopt a resolution approving and authorizing the Chief Executive Officer to execute an agreement with Energy Mission Control dba FuSE Carbon Technologies for Low Carbon Fuel Standard (“LCFS”) program services.
COMMUNITY ADVISORY COMMITTEE RECOMMENDATION
On September 25, 2024, Pioneer Community Energy’s Community Advisory Committee reviewed and approved the Low Carbon Fuel Standard (LCFS) program with FuSE Energy.
BACKGROUND
Assembly Bill 32 created the LCFS program, which is managed by the California Air Resources Board (CARB).
LCFS operates similarly to the Cap-and-Trade program in that some entities generate credits and some generate deficits based on the carbon intensity of their activities. LCFS is exclusive to transportation fuel emissions.
Entities that produce low, or no, carbon transportation fuels generate credits. Entities that produce transportation fuel emissions create a deficit. These credits have a floating value based on the program market dynamics. Entities with credits can sell them to entities that create emissions, and the selling party realizes the monetary value associated with the credits.
At the October 24, 2024, Board Meeting, the Pioneer Community Energy (“Pioneer”) Board was introduced to the LCFS program and potential program partner, FuSE. At this meeting, the Board requested additional information on potential revenue from the program and for staff to return later to review information.
On January 16, 2025, the Board received a follow-up presentation on the Low Carbon Fuel standard program and the potential partnership with FuSE. The Board directed staff to move forward with finalizing details and an agreement with FuSE.
ANALYSIS & DISCUSSION
California Energy and Alternative Vehicle Goals
As the State of California enacts aggressive clean energy policies to reach Climate Change goals, clean fleets and other transportation systems have become a growing priority. Local governments, including Pioneer members, can benefit from monetizing credits from their clean fuel transportation efforts. Electric vehicles, electric vehicle charging infrastructure, electric forklifts, and other clean transportation elements can contribute to LCFS credits.
Pioneer can support its member agencies with these clean transportation efforts by monetizing LCFS credits.
Profits earned from selling LCFS credits could then be used to further clean transportation efforts. For example, Plf)NEER
COMMUNITY ENERGY
Agenda Item: 3 Agenda Date: 4/17/2025
profits from LCFS credits can be used to buy a new electric vehicle to replace a gas vehicle or install new chargers.
Partnership with FuSE
To sell these credits, agencies must utilize a credit broker, which is where the potential program partner, FuSE, would be engaged. Pioneer was introduced to FuSE through their work with other CCAs. FuSE supports these CCAs efforts to monetize their own credits they produce through their charging stations. FuSE is a software-as-a-service (SaaS) company that designs, manages and executes electricity consumption data products and services for forward-thinking on- and off-road fleet operators. They work with public agencies, larger companies, and other CCAs to buy and sell LCFS credits.
The LCFS credit program would work with FuSE, Pioneer, and the member agency to inventory and track potential sources for credit. FuSE then would sell the credits on behalf of the member agency. FuSE and Pioneer would receive a portion of the profits from the credits, with the majority of the profits (90 percent) returned to the member agency. Participation in the program is completely voluntary and all that is required for a Member Agency to join is a Memorandum of Understanding between the Member Agency and Pioneer.
The following table shows potential areas of credit generation for Pioneer’s member agencies. The estimated numbers are based on readily available public information, and more charging assets could be found through work with the members. The energy consumption values used is $75 per credit. On the lower end, a member agency with EV chargers that use about 2,240 kWh equates to $196 per year. A member agency that has EV chargers that use 19,600 kWh equates to $1,718 per year.
Member Agency Estimated number of Chargers Estimated credit value (per year) El Dorado County 24 chargers $4,704 - $41,232
Placer County 13 chargers $2,548 - $22,334
Loomis 9 chargers $1,764 - $15,462
Auburn 8 chargers $1,568 - $13,744
Nevada City 6 chargers $1,568 - $13,744
Placerville 6 chargers $1,176 - $10,308
Rocklin 4 chargers $784 - $6,872
Total 70 $13,720 - $120,260
Next steps
With the approval of the contract between Pioneer and FuSE, the following next steps would be taken:
1. Pioneer staff would reach out to member agency staff and introduce the Low Carbon Fuel Standard program and FuSE.
2. Utilizing the piggy-back clause in Pioneer’s agreement with FuSE, member agencies enter into a MOU with Pioneer to begin partnership.
3. Member agency staff work with FuSE to collect all fleet and charging infrastructure data.
4. FuSE tracks data and sells generated credits quarterly
5. Once credits are sold, FuSE returns 90% of the revenue to the member agency, 5% remains with FuSE and 5% is submitted to Pioneer to fund programs.
STRATEGIC PLAN
The recommendation supports Be a Community Partner Goal.
FISCAL IMPACT
There is no fiscal impact with this recommendation as the recommendation is conditioned on the monetization of LCFS credits.
Agenda Item: 3 Agenda Date: 4/17/2025
ATTACHMENTS
1. Resolution approving and authorizing the Chief Executive Officer to execute an agreement with Energy Mission Control dba FuSE Carbon Technologies for Low Carbon Fuel Standard (LCFS) program services. 391803.2
Before the Governing Board of
Pioneer Community Energy
Resolution No.: ____________
The following Resolution was duly passed by the Governing Board of Pioneer Community Energy at a regular meeting held April 17, 2025, by the following vote on roll call:
Ayes:
Noes:
Absent:
Signed and approved by me after its passage.
______________________________
Chair of the Governing Board
Attest:
_______________________
Secretary
WHEREAS, this Resolution approving and authorizing the Chief Executive Officer to execute an agreement with FuSE Carbon Technologies for Low Carbon Fuel Standard program services supports Pioneer Community Energy’s (“Pioneer”) mission and supports Pioneer customers; WHEREAS, Pioneer and FuSE Carbon Technologies desire to execute an agreement with the goal of supporting member agencies and special districts efforts to provide alternative fuel vehicle infrastructure;
WHEREAS, Pioneer can support its member agencies through an agreement with FuSE Carbon Technologies by monetizing clean transportation efforts with LCFS credits; and WHEREAS, the partnership with FuSE Carbon Technologies and LCFS program strengthens Pioneer’s ability to be a strong community partner; and WHEREAS, the partnership with FuSE Carbon Technologies does not have any impact on the current Fiscal Year 2024-25 budget and no budgetary adjustment is required.
WHEREAS, it is voluntary for a Member Agency to join in the program and if a Member Agency chooses to join the Master Agreement, only a Memorandum of Understanding between Pioneer and the Member Agency is required.
In the matter of: RESOLUTION APPROVING AND
AUTHORIZING THE CHIEF EXECUTIVE OFFICER
TO EXECUTE AN AGREEMENT WITH ENERGY
MISSION CONTROL DBA FUSE CARBON
TECHNOLOGIES FOR LOW CARBON FUEL
STANDARD PROGRAM SERVICES
Resolution 2025-__
April 17, 2025
2 391803.2
BE IT RESOLVED, the Governing Board of Pioneer Community Energy, State of California, hereby finds, declares, and resolves as follows:
1. The above recitals are true and correct.
2. The Governing Board hereby authorizes the Chief Executive Officer to enter into an agreement with Energy Mission Control dba FuSE Carbon Technologies for Low Carbon Fuel Standard program services.
3. This Resolution shall take effect immediately upon its adoption.
Exhibit A: Consultant Services Agreement with Energy Mission Control dba FuSE Carbon Technologies.
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369617.2
Administering Agency: Pioneer Community Energy
Contract No. _____________
Contract Description: ___________________________
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT is made at Rocklin, California, as of _____________, 2025 (the “Effective Date”), by and between Pioneer Community Energy, (““Pioneer”“), and ____________________ (“Consultant”), who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide the services described in Exhibit A. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A. Pioneer shall have the right to request, in writing, changes in the scope of services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. Consultant shall not be reimbursed for any expenses incurred for work performed outside the scope of services in Exhibit A unless prior written approval is given by Pioneer through a fully executed written amendment.
2. Payment. Pioneer shall pay Consultant for services rendered pursuant to this Agreement at the time and in the amount set forth in Exhibit B. The payment specified in Exhibit B shall be the only payment made to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all billings for said services to Pioneer in the manner specified therein, or, if no manner be specified, then according to the usual and customary procedures which Consultant uses for billing clients similar to Pioneer. Pioneer shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding, and paying all taxes. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until Pioneer is satisfied that the services are satisfactory.
3. Facilities, Equipment and Other Materials, and Obligations of Pioneer. Unless otherwise specified in Exhibit C, Consultant shall, at its sole cost and expense, furnish all facilities, equipment, and other materials which may be required for furnishing services pursuant to this Agreement.
4. Consultant’s Representations. Consultant represents that it is fully qualified to perform the services described in Exhibit A by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions in this Agreement. Consultant shall perform in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of Consultant’s work by Pioneer shall not operate as a waiver or release.
Consultant shall indemnify and hold harmless Pioneer, its officers, agents, employees and volunteers from and against any and all claims or expenses caused or occasioned directly or indirectly by Consultant’s failure to so perform.
5. Exhibits. All exhibits referred to herein will be attached hereto and by this reference incorporated herein. In the event of any material discrepancy between the provisions of this Agreement and its exhibits, the provisions of this Agreement shall prevail. - 2 - Approved for use: 1/1/2025
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6. Time for Performance. Time is of the essence. Failure of Consultant to perform any services within the time limits set forth in Exhibit A shall constitute material breach of this contract.
7. ’Licenses, Permits, Etc. Consultant represents and warrants to Pioneer that it has all licenses, permits, qualifications, and approvals of whatsoever nature, which are legally required for Consultant to practice its profession. Consultant represents and warrants to Pioneer that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for Consultant to practice its profession at the time the services are performed.
8. Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for the satisfactory performance of Consultant’s obligations pursuant to this Agreement. Neither party shall be considered in default of this Agreement to the extent performance is prevented or delayed by any cause, present or future, which is beyond the reasonable control of the party.
9. Hold Harmless and Indemnification Agreement. At all times during the performance of this agreement, Consultant agrees to protect, defend, and indemnify Pioneer in accordance with the provisions contained in Exhibit D.
10. Insurance. Consultant shall file with Pioneer concurrently herewith a Certificate of Insurance, in companies acceptable to Pioneer, with a Best’s Rating of no less than A-:VII, for the coverage shown in Exhibit D. All costs of complying with these insurance requirements shall be included in Consultant’s fee(s). These costs shall not be a “reimbursable” expense under any circumstances.
11. Relationship of Parties.
A. Consultant is, and shall at all times remain as to Pioneer, a wholly independent contractor.
Pioneer shall have the right to control Consultant only insofar as the results of Consultant’s services rendered pursuant to this Agreement. Pioneer shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement.
B. Except as Pioneer may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of Pioneer in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied pursuant to this Agreement to incur any debt, obligation, or liability on behalf of Pioneer or to otherwise bind Pioneer to any obligation whatsoever.
Consultant, its officers, employees and agents shall not represent to any person or party that it or they are acting as agents of Pioneer or that it or they have the power to bind or commit Pioneer.
C. Neither Pioneer nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of Pioneer.
12. Assignment Prohibited. Consultant may assign its rights and obligations under this Agreement only upon the prior written approval of Pioneer, said approval to be in the sole discretion of Pioneer. Except as otherwise provided herein, Consultant shall not subcontract any services to be performed without amending this Agreement. Consultant shall be responsible to Pioneer for all services to be performed under this Agreement.
13. Personnel.
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369617.2
A. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that Pioneer, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by Consultant to perform services pursuant to this Agreement, including those members of the Project Team as explained below, Consultant shall remove any such person immediately upon receiving notice from Pioneer of the desire of Pioneer for removal of such person or persons.
B. Notwithstanding the foregoing, if specific persons are designated as the “Project Team” in Exhibit A, Consultant agrees to perform the work under this Agreement with those individuals identified. Reassignment or substitution of individuals or subcontractors named in the Project Team by Consultant without the prior written consent of Pioneer shall be grounds for termination of the Agreement by Pioneer, and payment shall be made pursuant to Section 17 (Termination) of this Agreement only for that work performed by Project Team members.
C. Pioneer shall pay Consultant for work performed by its subconsultants, if any, only as set forth in Exhibit B. Consultant shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subconsultants performing services under this Agreement. Pioneer shall not be liable for any payment, compensation, or federal and state taxes for any subconsultants.
14. Notification of Organizational Changes. Consultant shall notify Pioneer, in writing, of any change in name, ownership or control of Consultant’s firm or of any subconsultant. Change of ownership or control of Consultant’s firm may require an amendment to this Agreement.
15. Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. All products of whatsoever nature which Consultant delivers to Pioneer pursuant to this Agreement shall be prepared in a substantial first class and workmanlike manner and conform to the standards or quality normally observed by a person practicing in Consultant’s profession. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict-of-interest provisions of California Government Code section 1090, and the Political Reform Act (Government Code § 81000 et seq.).
16. Prevailing Wages. Consultant is aware of the requirements of California Labor Code section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects including, but not limited to, the design and preconstruction phases of a covered public works project. This Agreement is subject to the Prevailing Wage Laws for all work performed under this Agreement for which the payment of prevailing wages is required under state law. In particular, Consultant acknowledges that prevailing wage determinations are available for work performed under this Agreement. Consultant shall defend, indemnify, and hold Pioneer, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
17. Termination.
A. Pioneer shall have the right to terminate this Agreement at any time by giving notice in writing of such termination to Consultant. In the event Pioneer shall give notice of termination, Consultant shall immediately cease rendering service upon receipt of such written notice, pursuant to this Agreement. In the event Pioneer shall terminate this Agreement:
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369617.2
1) Consultant shall deliver copies of all writings prepared by it pursuant to this Agreement. The term “writings” shall be construed to mean and include: handwriting, typewriting, printing, Photostatting, photographing, digital original and copies, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof.
2) Pioneer shall have full ownership and control of all such writings delivered by Consultant pursuant to this Agreement.
3) Pioneer shall pay Consultant the reasonable value of services rendered by Consultant to the date of termination pursuant to this Agreement not to exceed the amount documented by Consultant and approved by Pioneer as work accomplished to date; provided, however, that in no event shall any payment hereunder exceed the amount of the Agreement specified in Exhibit B, and further provided, however, Pioneer shall not in any manner be liable for lost profits which might have been made by Consultant had Consultant completed the services required by this Agreement. In this regard, Consultant shall furnish to Pioneer such financial information as in the judgment of Pioneer is necessary to determine the reasonable value of the services rendered by Consultant. Pioneer shall have the benefit of such work as may have been completed up to the time of such termination. The foregoing is cumulative and does not affect any right or remedy, which Pioneer may have in law or equity. 4) Notwithstanding the foregoing, should Consultant fail to perform any of its obligations hereunder within the time and in the manner provided or otherwise violate any of the terms of this Agreement, Consultant shall be compensated as above, provided there shall be deducted from such amount the amount of damage if any, sustained by Pioneer by virtue of Consultant’s breach of this Agreement.
B. Consultant may terminate its services under this Agreement upon thirty (30) working days’ advance written notice to Pioneer. In the event of such termination, Consultant shall deliver copies of all writings to Pioneer and shall be entitled to compensation as set forth above.
Pioneer shall have the benefit of such work as may have been completed up to the time of such termination
18. Contract Term. This Agreement shall remain in place until the Scope of Services described in Exhibit A is completed, or until terminated pursuant to Section 17 of this Agreement.
19. Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, sexual orientation, or any other unlawful basis. Employment actions to which this provision applies shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training.
Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.
20. Records. Consultant shall maintain, at all times, complete detailed records with regard to work performed under this Agreement in a form acceptable to Pioneer for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this - 5 - Approved for use: 1/1/2025
369617.2
Agreement, and Pioneer shall have the right to inspect such records at any reasonable time.
Notwithstanding any other terms of this agreement, no payments shall be made to Consultant until Pioneer is satisfied that work of such value has been rendered pursuant to this agreement. However, Pioneer shall not unreasonably withhold payment and, if a dispute exists, the withheld payment shall be proportional only to the item in dispute. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of Pioneer or as part of any audit of Pioneer, for a period of three (3) years after final payment under this Agreement.
21. Ownership of Information. All professional and technical information developed under this Agreement and all work sheets, reports, and related data shall become the property of Pioneer, and Consultant agrees to deliver reproducible copies of such documents to Pioneer on completion of the services hereunder. No such written products shall be the subject of a copyright application by Consultant.
22. Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by Pioneer or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. One or more waivers by one party of any major or minor breach or default of any provision, term, condition, or covenant of this Agreement shall not operate as a waiver of any subsequent breach or default by the other party.
23. Conflict of Interest. Consultant represents that it has no known relationships with third parties, Pioneer Board members, or employees of Pioneer which would (1) present a conflict of interest with the rendering of services under this Agreement under California Government Code section 1090, the Political Reform Act (Government Code section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information. Consultant certifies that no official or employee of Pioneer, nor any business entity in which an official of Pioneer has an interest, has been employed or retained to solicit or aid in the procuring of this Agreement. In addition, Consultant agrees that no such person will be employed in the performance of this Agreement without immediately notifying Pioneer.
24. Campaign Contributions. This Agreement is subject to Government Code section 84308, as amended by Senate Bill 1439 (2022), Senate Bill 1181 (2024), and Senate Bill 1243 (2024).
Consultant shall disclose any contribution to an elected or appointed Pioneer official’s campaign or committee in an amount of more than five hundred dollars ($500) made within 12 months preceding the Commencement Date, by Consultant, its, her, or his agent, or another party affiliated with Consultant. Consultant shall provide a signed copy of the attached Campaign Contribution Disclosure Form, Exhibit E, to Pioneer prior to, or concurrent with, Consultant's execution of this Agreement and no later than the Commencement Date.
25. Entirety of Agreement. This Agreement contains the entire agreement of Pioneer and Consultant with respect to the subject matter hereof, and no other agreement, statement, or promise made by any party, or to any employee, officer or agent of any party, which is not contained in this Agreement, shall be binding or valid.
26. Use by Member Agencies. Consultant acknowledges and agrees that Pioneer Community Energy’s member agencies may procure services under this Agreement under the same terms and conditions set forth herein. Each member agency shall be considered a separate entity with regard to its obligations and the obligations of Consultant to that member agency. Consultant shall extend services to such agencies upon written request of the member agency. Upon such written request, member agencies shall be considered “Partners” under Exhibits A and B. Consultant further - 6 - Approved for use: 1/1/2025
369617.2
acknowledges and agrees that this section shall apply to agencies that become Pioneer member agencies after the execution of this Agreement.
27. Alteration. No waiver, alteration, modification, or termination of this Agreement shall be valid unless made in writing and signed by all parties, except as expressly provided in Section 19, Termination.
28. Governing Law & Venue. This Agreement is executed and intended to be performed in the State of California, and the laws of that State shall govern its interpretation and effect. Any legal proceedings on this Agreement shall be brought under the jurisdiction of the Superior Court of County of Placer, State of California, and Consultant hereby expressly waives those provisions in California Code of Civil Procedure §394 that may have allowed it to transfer venue to another jurisdiction.
29. Attorneys’ Fees. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, each party shall pay its own costs, including any accountants’ and attorneys’ fees expended in the action.
30. Notification. Any notice or demand desired or required to be given hereunder shall be in writing and deemed given when personally delivered or deposited in the mail, postage prepaid, and addressed to the parties as follows:
PIONEER COMMUNITY ENERGY: CONSULTANT:
Pioneer Community Energy ______________________
Attn: Eric Acedo ______________________
2510 Warren Drive Suite B ______________________
Rocklin, CA 95677 ______________________
[email protected]
Phone: (916) 758-8943 Phone: ________________
Any notice so delivered personally shall be deemed to be received on the date of delivery, and any notice mailed shall be deemed to be received five (5) days after the date on which it was mailed.
31. Multiple Phase Projects. Pursuant to Government Code section 1097.6, Consultant’s duties and services under this Agreement shall not include preparing or assisting Pioneer with any portion of the Pioneer’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with Pioneer. Pioneer shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Consultant’s participation in the planning, discussions, or drawing of project plans or specifications, if any, shall be limited to conceptual, preliminary, or initial plans or specifications.
Consultant shall cooperate with the Pioneer to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Consultant, if any, pursuant to this Agreement.
32. Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not - 7 - Approved for use: 1/1/2025
369617.2
preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.
33. Confidentiality. All data, documents, discussion, or other information developed or received by Consultant for performance of this Agreement are deemed confidential and Consultant shall not disclose it without prior written consent by Pioneer. Pioneer shall grant such consent if disclosure is legally required. All Pioneer data shall be returned to Pioneer upon the termination or expiration of this Agreement.
34. Successors & Third-Party Beneficiaries. This Agreement shall be binding on the successors and assigns of the parties. Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.
35. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
36. No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting.
37. Counterparts; Electronic Signatures. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, “electronic signature” shall include faxed or emailed versions of an original signature, electronically scanned and transmitted versions (e.g., via pdf) of an original signature, or a digital signature. - 5 -
369617.3
Executed as of the day first above stated:
PIONEER COMMUNITY ENERGY
By: _____________________________
Printed Name/Title:
Approved as to Form – General Counsel:
By: _____________________________
Printed Name/Title:
[NAME OF CONSULTANT]
By: _____________________________
Name: _____________________________
Title: Owner
By:* _____________________________
Name: _____________________________
Title: Secretary/CFO
*If Consultant is a corporation, this agreement must be signed by two corporate officers: (1) the chairperson, president, or any vice president; and (2) the secretary, any assistant secretary, the chief financial officer, or any assistant treasurer. (Civ. Code § 313.), unless an authenticated corporate resolution is attached delegating authority to a single officer or other officers to bind the corporation.
Exhibits
A. Scope of Services
B. Payment for Services Rendered
C. Facilities, Equipment and Other Obligations of Pioneer D. Hold Harmless Agreement and Insurance Requirements
E. Campaign Contribution Disclosure Form
-
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369617.3
EXHIBIT A
SCOPE OF SERVICES
All services listed below are provided for the single fee percentage outlined in Exhibit B. - Payment for Services Rendered,
In addition to FuSE services, Partners will have access to view and edit their facilities and equipment information, as well as their reported energy consumption and incentive history, through their dedicated customer portal within the FuSE Platform.
1. Scope of Services
FuSE shall be responsible for overseeing the development, management, and administration of the Low Carbon Fuel Standard (LCFS) program, including but not limited to the following:
2. LCFS Credit Management
2.1. FuSE shall develop and implement standard operating procedures and reporting templates for LCFS credits generated by the program.
2.2. FuSE shall register all sales information in the CARB-LRT-CBTS system in compliance with California Air Resources Board (CARB) regulations.
3. Compliance and Reporting
3.1. FuSE shall prepare and submit Fast Charging Infrastructure (FCI) applications for eligible direct current fast charging (DCFC) network locations.
3.2. FuSE shall identify and document all available credit generation opportunities by conducting a comprehensive review of fleet assets, including but not limited to:
a) DCFC and Level 2 charging infrastructure for on-road assets (Class 1-8); b) Electric material handling equipment; and
c) Any other relevant assets as applicable.
3.3. FuSE shall identify and report any data deficiencies or irregularities that must be addressed to maintain LCFS compliance.
4. Renewable Energy Credit (REC) Retirement
4.1. FuSE shall provide CARB with all necessary REC retirement documentation to secure LCFS credits on an ongoing basis, including:
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369617.3
a) Obtaining WREGIS REC retirement documentation on a quarterly basis; and b) Submitting WREGIS REC retirement documentation to the LRT-CBTS per CARB’s quarterly reporting schedule.
5. Regulatory Engagement and Compliance
5.1. FuSE shall monitor all relevant developments in the LCFS program, regulatory updates, and emerging opportunities and shall provide timely updates.
5.2. FuSE shall attend all CARB workshops and rulemaking meetings and formally report on any influential regulatory proposals affecting LCFS.
5.3. FuSE shall coordinate and manage all audits conducted by CARB for LCFS compliance.
5.4. FuSE shall ensure adherence to all market rules and compliance obligations promulgated under Assembly Bill 32 or any subsequent legislation.
6. Financial Management and Transparency
6.1. FuSE shall provide quarterly cumulative accounting of LCFS credit balances.
6.2. FuSE shall manage the sale of LCFS credits and handle all necessary interactions with the California LCFS marketplace.
6.3. FuSE shall ensure full transparency regarding credit generation and sales data.
6.4. FuSE shall transfer credit sales revenue, minus commission, on a quarterly basis.
7. Third-Party Verification Management
7.1. FuSE shall manage all third-party verification requirements if mandated by CARB, ensuring compliance with applicable regulations and maintaining the integrity of the LCFS crediting process.
8. Infrastructure and Data Management
8.1. FuSE shall maintain an auditable “paper trail” and submit to audits as required.
8.2. FuSE shall ensure that all deadlines related to LCFS compliance and credit reporting are met.
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369617.3
EXHIBIT B
PAYMENT FOR SERVICES RENDERED
Fee Structure
FuSE will retain a commission equal to ten percent (10%) of all Credits generated by Partner, or from Partner-related products or facilities, as a result of Services performed by or on behalf of FuSE during the term of this Agreement.
Credits refer to the units of measure used for determining a regulated entity's compliance with the average carbon intensity requirements in the following programs:
● California Code of Regulations Title 17 Sections 95486 Credits are denominated in metric tons of carbon dioxide equivalent (CO2e) and are calculated per the regulatory frameworks above.
FuSE agrees to revenue share fifty percent (50%) of the 10% commission with Pioneer Community Energy for any Credits generated by its member agencies as a result of Services performed by or on behalf of FuSE.
FuSE may cover and recoup any registration fees charged by government agencies for participation in the aforementioned programs.
EXHIBIT C
FACILITIES, EQUIPMENT, AND OTHER
MATERIALS, AND OBLIGATIONS OF PIONEER
NOT APPLICABLE
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369617.3
EXHIBIT D
HOLD HARMLESS AGREEMENT
AND INSURANCE REQUIREMENTS
1. HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
A. To the fullest extent permitted by law, CONSULTANT hereby agrees to protect, defend, indemnify, and hold PIONEER free and harmless from any and all losses, claims, liens, demands, and causes of action of every kind and character including, but not limited to, the amounts of judgments, penalties, interest, court costs, legal fees, reasonable attorneys’ fees for counsel of Pioneer’s choice, expert fees, and all other expenses incurred by PIONEER arising in favor of any party, including claims, liens, debts, personal injuries, death, or damages to any real or personal property (including employees or property of PIONEER) and without limitation by enumeration, all other claims or demands of every character occurring or in any way incident to, in connection with or arising directly or indirectly out of, the Agreement, CONSULTANT’s performance under this Agreement, or CONSULTANT’S failure to comply with any provision in this Agreement. CONSULTANT agrees to investigate, handle, respond to, provide defense for, and defend any such claims, demand, or suit at the sole expense of the CONSULTANT. CONSULTANT also agrees to bear all other costs and expenses related thereto, even if the claim or claims alleged are groundless, false, or fraudulent. This provision is not intended to create any cause of action in favor of any third party against CONSULTANT or PIONEER or to enlarge in any way the CONSULTANT’s liability but is intended solely to provide for indemnification of PIONEER from liability for damages or injuries to third persons or property arising from CONSULTANT’s performance pursuant to this Agreement. PIONEER’s right to indemnity under this Agreement shall arise immediately upon the occurrence of the event giving rise to the indemnified liability.
PIONEER shall be entitled to a defense under this Agreement immediately upon the institution of a claim or action that is covered by this indemnity, even though liability for said claim or action has not yet been determined at the time the duty to defend the PIONEER hereunder has arisen. CONSULTANT shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent. CONSULTANT shall not be required to indemnify PIONEER for such loss or damage as is caused by the active negligence, sole negligence, or willful misconduct of PIONEER.
B. As used in this section, the term PIONEER means Pioneer or its officers, agents, employees, and volunteers.The term CONSULTANT means Consultant, its officers, employees, servants, agents, or subconsultants, or anyone directly or indirectly employed by either Consultant or its subconsultants, in the performance of this Agreement.
C. The obligations of CONSULTANT set forth herein are not limited by the provisions of any workers’ compensation or similar statute. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to PIONEER.
D. PIONEER does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. CONSULTANT’s indemnification obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
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E. PIONEER may request a deposit for defense costs from CONSULTANT with respect to a claim. If PIONEER requests a defense deposit, CONSULTANT shall provide it within 15 days of the request.
F. CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here from each and every subconsultant or any other person or entity involved in the performance of this Agreement on CONSULTANT’s behalf.
2. INSURANCE:
CONSULTANT shall file with PIONEER concurrently herewith a Certificate of Insurance, in companies acceptable to PIONEER, with a Best’s Rating of no less than A-:VII showing, and complete, certified copies of all required insurance policies, including endorsements affecting the coverage for all policies required by this Agreement. CONSULTANT shall require all of its subcontractors, subconsultants, and other agents to do the same. Approval of the insurance by PIONEER shall not relieve or decrease any liability of CONSULTANT.
3. WORKER’S COMPENSATION AND EMPLOYERS LIABILITY INSURANCE:
Worker’s Compensation Insurance shall be provided as required by any applicable law or regulation.
Employer’s liability insurance shall be provided in amounts not less than one million dollars ($1,000,000) each accident for bodily injury by accident, one million dollars ($1,000,000) policy limit for bodily injury by disease, and one million dollars ($1,000,000) each employee for bodily injury by disease.
If there is an exposure of injury to CONSULTANT’s employees under the U.S. Longshoremen’s and Harbor Worker’s Compensation Act, the Jones Act, or under laws, regulations, or statutes applicable to maritime employees, coverage shall be included for such injuries or claims.
Each Worker’s Compensation policy shall be endorsed with the following specific language:
• Cancellation Notice - “This policy shall not be changed without first giving thirty (30) days prior written notice and ten (10) days prior written notice of cancellation for non-payment of premium to Pioneer Community Energy”.
• Waiver of Subrogation - The workers’ compensation policy shall be endorsed to state that the workers’ compensation carrier waives its right of subrogation against Pioneer, its officers, directors, officials, employees, agents or volunteers, which might arise by reason of payment under such policy in connection with performance under this agreement by the CONSULTANT.
• CONSULTANT shall require all SUBCONTRACTORS to maintain adequate Workers’ Compensation insurance. Certificates of Workers’ Compensation shall be filed forthwith with Pioneer upon demand.
4. GENERAL LIABILITY INSURANCE:
A. Comprehensive General Liability or Commercial General Liability insurance covering all operations by or on behalf of CONSULTANT, providing insurance for bodily injury liability and property damage liability for the limits of liability indicated below and including coverage for:
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369617.3
(1) Contractual liability insuring the obligations assumed by CONSULTANT in this Agreement.
B. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01.
Coverage must be on a standard Occurrence form. One of the following forms is required:
(1) Comprehensive General Liability; or
(2) Commercial General Liability (Occurrence).
C. If CONSULTANT carries a Comprehensive General Liability policy, the limits of liability shall not be less than a Combined Single Limit for bodily injury, property damage, and Personal Injury Liability of:
→ Two million dollars ($2,000,000) each occurrence
→ Four million dollars ($4,000,000) aggregate
D. If CONSULTANT carries a Commercial General Liability (Occurrence) policy:
(1) The limits of liability shall not be less than:
→Two million dollars ($2,000,000) each occurrence (combined single limit for bodily injury and property damage)
→Two million dollars ($2,000,000) for Products-Completed Operations →Four million dollars ($4,000,000) General Aggregate
(2) If the policy does not have an endorsement providing that the General Aggregate Limit applies separately, or if defense costs are included in the aggregate limits, then the required aggregate limits shall be two million dollars ($2,000,000).
E. Special Claims Made Policy Form Provisions:
Coverage must be on a standard Occurrence form. Claims-Made, modified, limited or restricted Occurrence forms are not acceptable. If any of the required policies provide coverage on a claims-made basis the Retroactive Date must be shown and must be before the Effective Date of the Agreement or the beginning of work. Claims-Made Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, CONSULTANT must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work Conformity of Coverages - If more than one policy is used to meet the required coverages, such as a separate umbrella policy, such policies shall be consistent with all other applicable policies used to meet these minimum requirements. In no cases shall the types of polices be different.
5. ENDORSEMENTS:
Each policy required herein, other than Professional Errors and Omissions and Worker’s Compensation, shall be endorsed with the following specific language:
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369617.3
A. “Pioneer Community Energy, its officers, agents, employees, and volunteers are to be covered as insured for all liability arising out of the operations by or on behalf of the named insured in the performance of this Agreement.”
B. “The insurance provided by the Consultant, including any excess liability or umbrella form coverage, is primary coverage to Pioneer Community Energy with respect to any insurance or self-insurance programs maintained by Pioneer Community Energy and no insurance held or owned by Pioneer Community Energy shall be called upon to contribute to a loss.” C. “This policy shall not be changed without first giving thirty (30) days prior written notice and ten (10) days prior written notice of cancellation for non-payment of premium to Pioneer Community Energy.”
All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf.
6. AUTOMOBILE LIABILITY INSURANCE:
Automobile Liability insurance covering bodily injury and property damage in an amount no less than two million dollars ($2,000,000) combined single limit for each occurrence.
Covered vehicles shall include owned, non-owned, and hired automobiles/trucks using ISO Business Auto Coverage form CA 00 01 (or equivalent).
7. PROFESSIONAL LIABILITY INSURANCE:
Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $1,000,000 per occurrence and $2,000,000 aggregate.
The deductible or self-insured retention may not exceed $50,000. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the Effective Date of the Agreement or commencement of the work. Coverage shall be continued for two years after the completion of the work by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement. In the event CONSULTANT’s policy is a “claims made” policy only covering those claims made during the policy period, then CONSULTANT agrees to maintain the professional liability insurance required hereunder and with respect to this project in effect for at least three (3) years after acceptance of the work.
8. PRIVACY AND CYBERSECURITY LIABILITY INSURANCE:
Privacy and cybersecurity liability (including costs arising from data destruction, hacking or intentional breaches, crisis management activity related to data breaches, and legal claims for security breach, privacy violations, and notification costs of at least $5,000,000 US per occurrence.
9. ADDITIONAL REQUIREMENTS:
Premium Payments - The insurance companies shall have no recourse against PIONEER and funding agencies, its officers and employees or any of them for payment of any premiums or assessments under any policy issued by a mutual insurance company.
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Policy Deductibles - The CONSULTANT shall be responsible for all deductibles in all of the CONSULTANT’s insurance policies. The maximum amount of allowable deductible for insurance coverage required herein shall be $25,000.
CONSULTANT’s Obligations - CONSULTANT’s indemnity and other obligations shall not be limited by the foregoing insurance requirements and shall survive the expiration of this Agreement.
Verification of Coverage - CONSULTANT shall furnish Pioneer with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by Pioneer before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. Pioneer reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Material Breach - Failure of the CONSULTANT to maintain the insurance required by this agreement, or to comply with any of the requirements of this section, shall constitute a material breach of the entire Agreement. In the event any policy is canceled prior to the completion of the Agreement and CONSULTANT does not furnish a new certificate of insurance prior to cancellation, PIONEER has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due CONSULTANT under this Agreement.
Subrogation – CONSULTANT hereby waives all rights of subrogation against PIONEER.
CONSULTANT shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.
Report of Claims – CONSULTANT shall report to PIONEER, in addition to CONSULTANT’s insurer, any and all insurance claims submitted to CONSULTANT’s insurer in connection with the services under this Agreement.
Premium Payments and Deductibles - CONSULTANT must disclose all deductibles and self-insured retention amounts to PIONEER. PIONEER may require Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, PIONEER must approve all such amounts prior to execution of this Agreement.
PIONEER has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. CONSULTANT shall be responsible for all premiums and deductibles in all of CONSULTANT’s insurance policies. The amount of deductibles for insurance coverage required herein are subject to PIONEER’s approval.
Duty to Defend and Indemnify – CONSULTANT’s duties to defend and indemnify PIONEER under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration or termination of this Agreement.
369617.3
EXHIBIT E
CAMPAIGN CONTRIBUTION DISCLOSURE FORM
Local governments are subject to the campaign disclosure provisions detailed in Government Code Section 84308.
Please carefully read the following information to
determine if the provisions apply to you. If you
determine that the provisions are applicable, the
Campaign Disclosure Form must be completed and
returnedtoPioneerwithyourapplication.
No Pioneer Board member or other Pioneer official shall accept, solicit, or direct a campaign contribution of more than $500 from any party1 financial interested
participant,2 or agent3 for 12 months after the Pioneer approves a contract. This prohibition commences when
an application is filed, or a proceeding is otherwise
initiated.
A party to a Pioneer proceeding shall disclose on the record of the proceeding any campaign contribution of more than $500 by a party or agent to any Pioneer member or other Pioneer official during the preceding 12 months. No party to or participant in a Pioneer proceeding, shall make a
contribution of more than $500 to a Pioneer Board member or other Pioneer official during a proceeding and for 12 months after the Pioneer approves a contract. No agent to a party or participant shall make a contribution in any amount to a Pioneer board member or other Pioneer official during the preceding 12 months following the date a final
decision is rendered by Pioneer.
A Pioneer Board member or other Pioneer official who
received a campaign contribution ofmore than $500within the preceding 12 months from any party, or agent, to a
proceeding shall disclose that fact on the record of the proceeding, and shall abstain from participating in the proceeding. However, if he or she receives a contribution that otherwise would require disqualification, and returns the contribution within 30 days of making the decision, or
knowing about the contribution and the relevant proceeding, whichever comes last, , he or she may participate in the proceeding.
1 “Party” is defined as any person who files an
application for, or is the subject of, a proceeding.
2 “Participant” is defined as any person who actively supports or opposes a particular decision in a proceeding.
3 “Agent” is defined as a person who represents a party in connection with a proceeding. If an individual acting as an agent also is acting as an employee or member of
a law, architectural, engineering, or consulting firm, or a similar entity or corporation, both the individual and the entity or corporation are agents. When a closed
To determine whether you or your agent made a campaign
contribution of more than $500 to a Pioneer Board member or other Pioneer official within the preceding 12 months, you must aggregate all such contributions.
Names of current Pioneer Board members and other Pioneer officials are available on Pioneer’s website.If you have questions about GovernmentCode Section 84308, FPPCregulations, or theCampaignDisclosure Form, please contactthe Pioneer Clerk.
CAMPAIGN CONTRIBUTION DISCLOSURE FORM
(a) Document:
□ License
□ Lease
□ Permit
□ Franchise
□ Other Contract
□ Other Entitlement
Name and address of any party, participant, or agent, who has contributed more than $500 to any Pioneer Board
Member or other Pioneer official within the preceding 12 months:
1. ____________________________________
2. ____________________________________
3. ____________________________________
(b) Date and amount of contribution:
Date Amount $
Date Amount $
(c) Name of Pioneer Board member or other Pioneer
official to whom contribution was made:
1. ____________________________________
2. ____________________________________
3. ____________________________________
(d) □ Check here If no contributions have been made to
any Board member or other Pioneer official in the
preceding 12 months.
(e) I certify that the above information is provided to the best of my knowledge.
Printed Name
Signature
369617.3
corporation is a party to a proceeding, the majority
shareholder is subject to these provisions. Date Phone
Staff Report – Item 4
To: The Governing Board
From: Eric Ponce, Information Technology Analyst
Brad Koehn, Director of Finance and Administration
Item 4: AMI Audit Review and Cybersecurity Assessment Report Date: 4/17/2025
RECOMMENDATION
Receive the report of the Automated Metering Infrastructure (AMI) Audit on the Cybersecurity Assessment for Pioneer Community Energy (“Pioneer”).
BACKGROUND
On August 31, 2012, the California Public Utilities Commission (“CPUC”) issued Decision (D.) 12‐08‐045, Decision Extending Privacy Protections to Customers of Gas Corporations and Community Choice Aggregators, and to Residential and Small Commercial Customers of Electricity Service Providers, which requires each Community Choice Aggregator (CCA) or Electrical Service Provider (ESP) to conduct triennial audits of its compliance with data privacy and security commitments. The findings of the audit are required to be reported to the CPUC.
Furthermore, Pioneer has committed to implementing cybersecurity and information technology controls and policies that meet or exceed industry best practices. To ensure that we continue to meet this commitment, Pioneer voluntarily conducts annual cybersecurity and information technology audits to assist in identifying opportunities to increase security.
ANALYSIS & DISCUSSION
In October of 2024, Pioneer hired Abbott, Stringham, and Lynch (ASL), and Hutchinson and Bloodgood (HB) to conduct the CPUC required AMI audit and a complete cybersecurity and information technology (IT) assessment. The AMI audit is specifically focused on the data Pioneer receives that is transmitted through “smart meters” and Pioneer’s compliance with data privacy and security requirements as defined in CPUC decision (D.) 12-08-045. The complete cybersecurity and IT assessment goes beyond the requirements of the CPUC decision, including Pioneer’s complete IT infrastructure.
The final AMI audit report provided by ASL ascertained that Pioneer met compliance with data privacy and security requirements as defined in CPUC decision (D.) 12-08-045.
The final cybersecurity and information technology assessment report from HB found that Pioneer exceeds security controls compared to many other similar organizations. This is mainly due to the time invested to develop, implement, and maintain a secure IT environment. Through the use of a third-party risk ranking service, BitSight, HB found that Pioneer ranked in the top 10% of utility companies, highlighting Pioneer’s success in securing and maintaining the IT environment. Recommendations provided were limited to controls for increased security and regularly scheduled patches to all Pioneer equipment, with no items of critical concern.
STRATEGIC PLAN
This Cybersecurity Assessment and AMI Audit Review supports the Strategic Goal of Achieving Operational Optimization.
Plf)NEER
COMMUNITY ENERGY
Agenda Item: 4 Agenda Date: 4/17/2025
FISCAL IMPACT
The AMI and Cybersecurity audits were included in the Fiscal Year 2024-25 budget and is a regulatory requirement.
ATTACHMENTS
There are no attachments to the report.
384032.1 Page 1 of 3
Staff Report – Item 5
To: The Governing Board
From: Donald Eckert Jr., Chief Executive Officer
Item 5: State of Pioneer
Date: 4/17/2025
RECOMMENDATION
Receive an update on the State of Pioneer Community Energy (“Pioneer”).
BACKGROUND
Annually, during the first quarter of the calendar year, staff present to the Board the State of Pioneer with a focus on initiatives and challenges for each area of Pioneer including:
• Administration
• Finance, Human Resources, and Information Technology
• Programs
• Communications
• Legislative and Regulatory Affairs
• Power Supply
ANALYSIS & DISCUSSION
Executive Summary
Pioneer launched into 2025 in financially stable condition. At the end of 2024, all areas of Pioneer improved from the previous year, and we are well positioned to end 2025 stronger than the end of 2024. Pioneer will make considerable progress towards the goals identified in the Fiscal Year 2025-2027 Strategic Plan while reinforcing our commitment to the Mission Statement of providing competitive and stable rates.
Administration
End of 2024 – Adoption of the Fiscal Year 2025-2027 Strategic Plan to provide direction on goals for the next three years. Received approval from the Board to begin the process of expansion. Achieved clarity and efficiency in our Joint Powers Agreement (“JPA”) and established a Governance Committee for discussion of future JPA issues.
Goals for 2025
• Launch the Governance Committee to discuss critical issues such as the timing of Board membership for our potential new members.
• Board engagement by sponsoring events such as the Biomass Tour, the California Independent System Operator tour, and a tour of the Geysers Power Plant that features geothermal technology. • Conduct a Board workshop for new Board Directors.
• Consideration of additional expansion opportunities.
• Continue to support the culture of “Get Stuff Done” while recognizing the employees of Pioneer for their achievements.
Finance, Human Resources, and Information Technology
End of 2024 – Exceeded our minimum cash reserve targets. Achieved a low percentage of open positions.
Improved our health and welfare benefits to remain competitive. Concluded a strong Information Technology audit that protects our customers data.
Plf)NEER
COMMUNITY ENERGY
Agenda Item: X Agenda Date: 12/19/2024
384032.1 Page 2 of 3
Goals for 2025
• Receive a strong financial report from the independent auditor on our financial statements. • Commission a triennial compensation study to assess our salary and wage competitiveness that supports attract and retain goals.
• Receive a strong information technology report to submit to the California Public Utilities Commission (“CPUC”) regarding our required triennial Automated Meter Infrastructure audit that assesses the safety of our customers data.
• Financially engineer to mitigate a budget deficit for the Fiscal Year 2025-26 budget. • Continue to position Pioneer for an upgrade to our credit rating. • Recruit for a Senior Financial Analyst to add bench strength and increased focus on areas such as variance analysis and middle office.
Programs
End of 2024 – Inaugural launch of Programs for Pioneer that were well received by our customers and improved our brand.
Goals for 2025
• Re-launch Heating Ventilation Air Conditioning Program and Power Shift Rewards Program with projected doubling of participation compared to 2024.
• Phase 2 launch of GridGen Program to include Commercial, Industrial, current residential Net Energy Metering customers, and include those enrolled in the California Alternate Rates for Energy program.
• Launch the Low Carbon Fuel Standards program to produce revenue streams for our members. • Launch of the Tool-Kit Program to assist all our customers with energy saving tools and build community partnership.
• Launch of ICE Energy to assist Commercial and Industrial customers with demand side management to reduce their overall bill.
• Re-starting the LED Lightbulb Program.
• Consideration of other Programs for launch this year or preparation for 2026.
Communications
End of 2024 – Much progress was achieved in community relations and communications resulting in better relations with our customers and communities and a stabilization of the participation rate. Grass Valley and Nevada City successfully launched with above 95% participation rates.
Goals for 2025
• Commission a Marketing/Communications Consultant to improve our messaging on Pioneer with specific emphasis in Programs offerings.
• Submit the Implementation Plan to the CPUC as the final administrative step for expansion. • Build relationships with our new member communities while enhancing relationships with our current members.
• Empower our customers through knowledge such as the Solar Billing Plan (e.g., “NEM 3.0”) webinars and other topics such as understanding your bill and how to reduce your bill. • Strategic investments in sponsorship.
• Active in presence in the community through fairs, field days, and other events. • Continue to improve the website to support the customer experience. • Prepare outreach plan for expansion communities.
Legislative & Regulatory Affairs
End of 2024 - Commissioned a strong Lobbyist and additional staff to make an impact. With the assistance of our trade association, we were able to implement AB843 through the CPUC and pursue community sized biomass projects.
Agenda Item: 5 4/17/2025
Agenda Item: X Agenda Date: 12/19/2024
384032.1 Page 3 of 3
Goals for 2025
• Host a Lobby Day in Sacramento to engage legislators on issues specific to Pioneer. • Host a Biomass Tour to educate legislators for support on biomass energy. • Float a bill to support biomass energy.
• Present the 2025 Legislative Platform to the Board to formalize positions on the various bills. • Engage with other Community Choice Aggregators and CalCCA on the imminent battle with the CPUC on potential methodology changes to the Power Charge Indifference Adjustment calculations that will harm our customers.
Power Supply
End of 2024 – Power supply is 92% of the budget and Pioneer’s ability to achieve rate competitiveness is directly correlated to our success in power procurement.
Goals for 2025
• Continue to procure best-fit, least-cost power.
• Continuing our excellent record of compliance even though the rules keep changing, especially in the requirements for resource adequacy.
• Achieve progress towards energy, resource adequacy, and renewable energy requirements for the potential new members due to expansion conditioned by approval from the CPUC. • Recruit for a Project Development Manager to assist in biomass development. • Amend the Feed-In Tariff program to widen the scope of eligible technologies. • Continue to utilize software, improve load forecasting and evaluation of responses to power supply solicitations.
• Adapt to the challenges presented by tariffs to long-term power purchase agreements.
STRATEGIC PLAN
The report supports all goals of the strategic plan.
FISCAL IMPACT
There is no fiscal impact from the recommendation.
ATTACHMENTS
There are no attachments to this report.
Agenda Item: 5 4/17/2025
Staff Report – Item IV-B
To: The Governing Board
From: Donald Eckert Jr., Chief Executive Officer
Item IV-B: CEO Report
Date: 4/17/2025
PERSONNEL
We are excited to introduce Lee Ewing to the Pioneer team. Lee joined us on March 31st as our Manger of Legislative and Regulatory Affairs. Lee comes to Pioneer with close to a decade of experience in energy law and policy, including diverse roles in markets across the country, from his position as an attorney for a state utility commission to advocacy in private practice on behalf of public power and energy businesses. Lee has a passion for electricity providers owned and representative of the communities they service, such as CCAs. Outside of energy law and policy, Lee enjoys travel, golf, soccer, craft beer, and his two dogs, Bunk and Micky.
There is one active recruitment for the Senior Financial Analyst position.
CHIEF EXECUTIVE OFFICER AGREEMENTS EXECUTED (NON-POWER SUPPLY) The following agreements have been carried out by the Chief Executive Officer, consistent with the authority delegated by the Board:
Consultant Services Agreement with Jim Holmes for public outreach services in an amount not to exceed $15,000.
SPONSORSHIP ACTIVITY QUARTERLY REPORT
Event Date
Member
Community Vendor Special Event Amount
CY 2024 Lincoln Lincoln Potters Baseball Club, Inc. 2024 Season Partnership $2,000 CY 2024 Rocklin Rocklin Area Chamber of Commerce
2024 Government Relations Committee
Meeting Sponsor $750
CY 2024 Statewide League of California Cities 2024 Cal Cities Partner $5,000 8/8/2024 Statewide
Mountain Counties Water Resources
Association MCWRA/EID Regional Leaders Reception $250
9/18 - 9/20,
2024 Statewide
Rural County Representatives of
California 2024 RCRC Annual Meeting $7,500
10/4/2024 Loomis Loomis Basin Chamber of Commerce 2024 Fruit Shed Festival $1,500 11/21/2024 Auburn Auburn Chamber of Commerce Auburn State of the City Dinner $1,500 12/7/2024 Lincoln Lincoln Area Chamber of Commerce Lincoln Hometown Christmas Parade $500 12/15/2024 Nevada City Nevada City Chamber of Commerce Victorian Christmas $500 12/7/2024 Rocklin Rocklin Area Chamber of Commerce Rocklin Tree Lighting $300 CY 2025 Rocklin Rocklin Area Chamber of Commerce
2025 Government Relations Committee
Meeting Sponsor $750
2/11/2025 Statewide
Calforests - California Forestry
Association
2025 Forestry Strategies and Innovations
(FSI) Conference $2,000
TOTAL $22,550
Quarter Ended March 31, 2025
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COMMUNITY ENERGY
Agenda Item: IV-B Agenda Date: 4/17/2025
CALIFORNIA INDEPENDENT SYSTEM OPERATOR (“CAISO”) TOUR
CAISO provided Pioneer Board Members and staff an excellent tour of their facility on April 9th. Pioneer thanks the staff of CAISO for an always informative and interesting peek into how they keep our lights on. Board Members attended include:
• Director Carter
• Director Lomen
• Director Pearl
• Alternate Director Arbuckle
• Alternate Director Reedy
CalCCA ANNUAL CONFERENCE
CalCCA is the trade association for all Community Choice Aggregators. This years annual conference is in Irvine from April 27-29. The event provides a great opportunity for networking, education, and keeping current on issues impacting the industry. Our Board Chair will be joining for the Elected Officials lunch on the 28th.
EXPANSION
Pioneer continues to receive interest from communities regarding joining our Joint Powers Agreement. Once the California Public Utilities Commission certifies our Addendum No. 3 to the Statement of Intent and Implementation Plan, staff will discuss other expansion opportunities with the Expansion Committee in early summer.
CHIEF EXECUTIVE OFFICER POWER SUPPLY CONTRACTS EXECUTIED There are no transactions to report this month.
Agenda Item: IV-B Agenda Date: 4/17/2025
Presentations and Relevant Meetings attended by the Chief Executive Officer
1. Participated in CalCCA Weekly/Monthly Board meetings.
2. Participated in South Lake Tahoe City Council meeting in support of pursuit of either joining Pioneer or forming their own CCA
3. Participated in an annual check-up meeting with Umpqua Bank
4. Participated in a symposium on the Commercial Sector Insurance Market hosted by River City Bank
5. Attended the Placer Valley Business Summit
ATTACHMENTS
1. Agenda Planning Document
2. Legislative and Regulatory Report
3. Communications Report
4. Programs Report
5. Quarterly Strategic Plan Progress Report
Agenda Planning Document – Pioneer Community Energy ATTACHMENT 1 04-11-2025
BOARD OF
DIRECTORS
APRIL 17, 2025
REGULAR MEETING
3:00 PM
(Post Agenda: April 11)
MAY 15, 2025
REGULAR MEETING
3:00 PM
(Post Agenda: May 9)
JUNE 19, 2025
REGULAR MEETING
3:00 PM
(Post Agenda: June 13)
IN THE FUTURE
Special Meeting
[time]
Regular Meeting
3:00 PM
General Function I presentation (Beth Vaughn) JULY presentation (Dr. Ahmed Faruqui) Consent 1a Minutes for Approval-MAR 20, 2025 Minutes for Approval-APR 17, 2025 Minutes for Approval-MAY 15, 2025 any department contracts for renewal per Purchasing Policy (Koehn)
1b Receive Draft Financials: FEB 2025
(Koehn)
Receive Draft Financials: MAR 2025
(Koehn)
Receive Draft Financials: APR 2025
(Koehn)
1c RES Contract – Financial Auditor RES EE Health & Benefit ad hoc Committee (Koehn)
RES Contract – NPA (Kang)
1d RES Contract – Stephen Hall (Koehn)
1e RES Contract – Amperon (Kang)
1f RES amending Resolution 2021-1
executing Long-term PPAs not
exceeding 1.5% of Pioneer’s annual
procurement budget as a maximum
annual notional amount, together with
a maximum 20-year term
(Kang/Ruderman)
Regular 2 Legislative Platform
(discussion-Kang)
in-person guest- lobbyist (NEA)
Proposed Budget (discussion-Koehn) RES Recommended Budget (action-Koehn)
RES Revised NEM Policy
(action-Koehn)
3 RES LCFS program contract
(action- Stassi-Vanacore)
in-person guest - Miguel
RES EV Charging Station Grant
(action- Stassi-Vanacore)
RES Joint Rate Mailer
(action- Stassi-Vanacore)
SEPT RES Power Content Label
(action- Stassi-Vanacore)
4 AMI audit (action-Koehn)
guest presenter-Chris White
Calpine Community Benefit Program
(discussion- Stassi-Vanacore)
guest presenter
Power Supply Market Update
(discussion-Kang)
EV Charging Station Grant
(discussion- Stassi-Vanacore)
5 State of the Utility (discussion-Eckert) Programs Summer 2025 update (discussion- Stassi-Vanacore)
Outreach Plan for Expansion
Communities
(discussion-Stassi-Vanacore)
6 RES contract – printing services
(action- Stassi-Vanacore)
JAN Annual Appointment of EPRC
Members (2026)
General Function II Chief Executive Officer’s Report
REG Reports: Leg/Reg;
Communications; Programs; personnel
introduction (Lee);
QTRLY Updates: Strategic Plan
Objectives; Sponsorship Activity
Chief Executive Officer’s Report
REG Reports: Leg/Reg;
Communications; Programs;
Chief Executive Officer’s Report
REG Reports: Leg/Reg;
Communications; Programs;
Chief Executive Officer’s Report
QTRLY Updates requested by the Board
JAN – APR – JULY – OCT Strategic Plan Objectives
Sponsorship Activity
Informational Items
Glossary of Terms
Informational Items
Glossary of Terms
Board Workshop (discussion-Eckert)
Informational Items
Glossary of Terms
I
I
J
I
Agenda Planning Document – Pioneer Community Energy ATTACHMENT 1 04-11-2025
AUDIT/FINANCE COMMITTEE TO BE SCHEDULED – EARLY MAY
in-person & remote locations IN THE FUTURE
David Ring, Chair
Richard Pearl, Vice Chair
Greg Janda
Gary Petersen
o Budget
o Facilities
ENERGY PROCUREMENT REVIEW
AD HOC COMMITTEE
TBD – END OF APRIL / EARLY MAY
zoom only IN THE FUTURE
Gary Petersen, Chair
Alice Dowdin Calvillo, Vice Chair
Ryan Carter
Greg Janda
Sean Lomen
o (3) PPA updates
o (2) PPAs
(JAN-BOARD) Annual Appointment of Members (2026)
EXPANSION
AD HOC COMMITTEE
TBD
zoom only IN THE FUTURE
Alice Dowdin Calvillo, Chair
Tom Ivy, Vice Chair
Suzanne Jones
Lori Parlin
GOVERNANCE COMMITTEE TUESDAY, APRIL 15
4:00 PM
in-person & remote locations
IN THE FUTURE
Board - Chair
Board - Vice Chair
Committee Chairs
Board Chair, Ex Officio (prior year)
o General Governance of the Board re: Expansion (e.g.
Member Voting)
o Timing of New Members Joining the Board
o Overview of the Triennial Compensation Study
COMMUNITY ADVISORY COMMITTEE
TO THE CHIEF EXECUTIVE OFFICER
APRIL 23, 2025 IN THE FUTURE
Meets on the 4th Wednesday
(even-numbered months)
Attachment 2: Legislative and Regulatory Update
Date: 4/17/2025
Legislative Affairs
• On March 1, 2025, Governor Newsom proclaimed a state of emergency regarding the state’s overgrown forests and its associated wildfire risks. The proclamation will cut bureaucratic red tape including suspending CEQA and the Coastal Act, among other measures, to expedite critical forest management and fuel reduction projects.
• Pioneer carried out a Lobby Day on February 26, 2025 to meet with current and future constituent legislators including Assemblymembers Tangipa, Hadwick, Gallagher, and Patterson and Senators Cabaldon, Niello, Alvarado-Gil, and Dahle. Pioneer used this opportunity to educate new legislators on our organization’s missions and goals, focused on affordable rates and biomass development. In meetings with existing delegation members, Pioneer provided updates on our rate savings and discussed possible collaboration efforts on biomass policy initiatives as the legislative session progresses.
• Pioneer hosted a Legislator Biomass Education Tour at Sierra Pacific Industries (SPI) in Lincoln, CA on March 7, 2025, in collaboration with California Biomass Energy Alliance, Calforests, and Placer County Air Pollution Control District. Legislators and staff members from the offices of Senator Niello and Cabaldon and Assemblymembers Calderon and Hadwick were in attendance. Attendees were able to tour the SPI facilities, see how biomass waste is processed into bioenergy, and participate in a lively presentation and discussion around the myths, facts, and benefits of biomass energy. • On April 17, 2025, Pioneer will present its updated its 2025 Legislative Policy and Platform to the Board of Directors.
• CalCCA’s Legislative Committee has voted to send two bills to CalCCA’s Board to take positions on:
o Recommend an “oppose” position for AB 303 (Addis): This bill would require the California Energy Commission (CEC) to deny pending applications for battery energy storage system (BESS) projects and return permitting authority to local jurisdictions, exposing such projects to many local moratoriums on BESS development. It would also prohibit the authorization of a development project that includes a BESS capable of storing 200 MWh or more of energy if the project is located within 3,200 feet of a sensitive receptor or is located on an environmentally sensitive site.
o Recommend a “support” for SB 540 (Becker): This bill would provide the California Independent System Operation (CAISO) with authority to participate in energy markets governed by an independent regional organization, if specified requirements are satisfied allowing California to maintain its own energy and environmental policies. This initiative would allow CAISO to tap into a wider market of electricity sources throughout the broader Western region, potentially delivering increased cost savings and grid reliability to Californians.
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COMMUNITY ENERGY
[Publish Date] Agenda Date: 4/17/2025
Regulatory Proceedings
Below is a summary table of the key terms and issues, followed by further details 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.
Key Terms
CPUC- California Public Utilities Commission CAISO- California Independent System Operator CEC- California Energy Commission OIR- Order Instituting Rulemaking/ “Proceeding” LSE- Load Serving Entity AL- Advice Letter
IOU- Investor Owned Utility PD- Proposed Decision
Proceeding Issue Pioneer Position
R.22-10-010 OIR to Implement AB 843 (2022) –
The Bioenergy Adjusting Tariff
Program (BioMAT)
Expeditiously implement AB 843 to
allow CCA access to the BioMAT
program for future subsidies for
biomass procurement
R.20-05-003 OIR to Continue Electric Integrated
Resource Planning (IRP) and
Related Procurement Processes
Advocate for procurement planning
policies that prioritize affordable
baseload resources such as biomass
energy
R.24-01-017; CEC OIR 21-RPS-02
OIR to Continue Implementation
and Administration, and Consider
Further Development, of California
Renewables Portfolio Standard
Program (RPS)
Ensure Pioneer maintains
compliance with RPS mandates and
advocate for fair inclusion of
biomass in RPS guidelines
R.23-10-011 OIR to Oversee the Resource
Adequacy (RA) Program, Consider
Program Reforms and Refinements,
and Establish Forward Resource
Adequacy Procurement Obligations
Refine the current RA Program
construct; reduce volatility of RA
prices; increase RA procurement
availability and grid reliability
R.22-07-005 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.
A.20-02-009; A.21-03-008;
A.21-06-001; A.22-05-029;
A.24-05-009
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; 2024
ERRA Compliance Application; 2025
ERRA Forecast Application
Reduce the ERRA impact on the
PCIA; increase data transparency
from the IOUs
R.21-03-011 OIR to Implement Provider of Last
Resort (POLR)
Limit the impacts of changes to the
Financial Security Requirement
(FSR)
R.18-12-005 Utility De-energization, Public
Safety Power Shutoffs (PSPS), and
Reduce impacts of PSPS and EPSS
events; increase coordination and
Attachment 2
[Publish Date] Agenda Date: 4/17/2025
Enhanced Powerline Safety Settings
(EPSS)
communications with IOUs to
ensure public safety during de-energization; limit PSPS and EPSS impacts on CCA load scheduling
CEC 21-OIR-03; 23-LMS-01 Load Management Standards (LMS) Ensure Pioneer maintains compliance with CEC mandates and
requirements
R.25-02-005 OIR to Update and Reform Energy
Resource Recovery Account (ERRA)
and Power Charge Indifference
Adjustment (PCIA) Policies and
Processes
Advocate for ERRA and PCIA
reforms that will not result in unfair
cost shifts between bundled and
unbundled customers
AB 843 BioMAT Implementation:
• October 20, 2022- The OIR was opened to examine the implementation of AB 843. • November 30, 2023- The CPUC voted to approve the revised PD which clarified many of the issues raised in the comments of the PD, while retaining the favorable outcome for CCAs. • January 2, 2024- The IOUs submitted their Tier 2 ALs modifying the BioMAT Tariff to incorporate CCAs. • January 29, 2024- 60 days from the Decision- CCAs finalized two provisions with Accion for website work and third-party administrator. In addition, CCAs submitted a revised tariff, a program participation request, power purchase agreement, rate schedule, and balancing statement as part of a Tier II AL to the CPUC. • February 1, 2024- Tier III ALs were submitted by 4 CCAs indicating interest in participating in the BioMAT program (3CE, Pioneer, RCEA, and OCPA).
• February 23, 2024- CalCCA submitted a 15-day extension until March 14 to meet the requirement for the central BioMAT Accion webpage and standard framework for individual CCA webpages within 90 days of the decision due to an issue raised by Accion in the third-party administrator Statement of Work that the CCAs, IOUs, and Accion are attempting to resolve.
• February 25, 2024- RCRC submitted reply comments in support of the Joint CCAs proposal to consider extending the BioMAT program sunset date.
• March 1, 2024- A group of CCAs (Pioneer, RCEA, 3CE, OCPA, MCE, and VCE) submitted comments in the RPS proceeding asking the CPUC to consider expediting consideration of an extension to the BioMAT program beyond 2025.
• March 5, 2024- There is an agreement with Accion as the Third-Party Administrator. The agreement has been reviewed and signed by Pioneer as well as the other 3 CCAs. • March 21, 2024- There was a meeting with CPUC staff on implementation of AB 843. Brad Hill will be moving over to Natural Resources Agency.
• March 28, 2024- Assembly Member Aguiar-Curry submitted a letter of support to the CPUC for the extension of the BioMAT program. This letter included the support of other legislators: Senator Alvarado-Gil, Senator Dahle, Senator Talamantes Eggman, and Assembly Member Dahle. • March 28, 2024- CalCCA submitted a third request for extension of time for an additional 31-day extension of time (until April 29) for the central BioMAT Accion webpage and standard framework for individual CCA webpages to be completed within 90 day of the effective date of the decision. Work has been delayed pending final agreement from all parties to revisions to the third-party administrator Statement of Work. • April 4, 2024- There was a prehearing conference to address the preliminary scope of issues in the OIR for IRP where the Joint CCAs are asking for an extension of the BioMAT program. During this conference, Scott Blaising represented the Joint CCAs and asked for 1) the CPUC to expedite the extension of the BioMAT program and 2) broadly review the program.
• May 1, 2024- CPUC approved the joint CCAs Tier 2 Advice Letter which approved the BioMAT standard program documentation which included the tariff, the pro-forma power purchase agreement, program participation request forms, BioMAT program website and portal development contracts, independent third-Attachment 2 [Publish Date] Agenda Date: 4/17/2025
party contracts, initial balancing account statements, and non-bypassable charge rate scheduled. • Pioneer has completed the implementation of the BioMAT program. The website and all necessary documents for BioMAT are live.
• June 20, 2024- CPUC issued a Draft Resolution to approve participating CCAs’ forecast revenue requirements, which is $0 for 2024-2025 for all participating CCAs, since no BioMAT projects are forecasted to COD before then.
• September 1, 2024- CPUC granted the joint CCAs’ extension request for the BioMAT application for prudent contract management, since there are no BioMAT contracts to report on. The new deadline will be 6 months after the first BioMAT contract is executed or September 1, 2025, whichever date comes first. • January 31, 2025- Pioneer submitted a Tier 3 AL to seek cost recovery for forecasted revenue requirements for 2026, which are $0.
• March 6, 2025- The CPUC issued a notice to Pioneer, informing us that our Tier 3 AL seeking cost recovery for BioMAT forecasted revenue requirements for 2026 is suspended for review for up to 120 days beginning March 3, 2025.
• April 7, 2025- Pioneer filed supportive reply comments to the Bioenergy Association of California (BAC)’s Petition to Modify (PFM) CPUC Decision 20-08-043 in the 2018 RPS proceeding, regarding changes to the BioMAT program. In its PFM, BAC urged the CPUC to extend or remove the sunset date on the BioMAT program, along with other program revisions, to ensure the program can meet its statutory requirement of enabling the procurement of 250 MW of distributed generation bioenergy. Pioneer, in partnership with the Redwood Coast Energy Authority (RCEA), filed comments, detailing our BioMAT project development efforts and urging the CPUC to consider expedited action on the extension of the BioMAT program, considering it is scheduled to sunset at the end of 2025. Pioneer’s comments also echoed BAC’s other requested changes to the BioMAT program to enable more subscription, including improving interconnection issues and removing cost caps for Category 3 projects using forest biomass waste.
Integrated Resource Planning:
• October 7, 2015- The California Legislature adopted SB 350, the Clean Energy and Pollution Reduction Act of 2015, which increased the state’s greenhouse gas reduction target, requiring 50% renewable electricity procurement by 2030, and mandating a doubling of energy efficiency. To meet these goals, SB 350 ordered large utilities to develop and submit integrated resource plans (IRPs), which will be reviewed by the CPUC.
The IRP proceeding serves as the vehicle for the CPUC to evaluate utilities’ progress towards meeting the SB 350 goals, as well as the general planning proceeding to consider California’s long-term energy needs and electric procurement policies.
• June 24, 2021- In Decision 21-06-035, the CPUC ordered the collective procurement of 11,500 MW of new net qualify capacity (NQC) to come online in 2023-2026. 2,000 MW NQC must come from long lead-time resources providing clean firm power or long duration energy storage. • March 13, 2023- In Decision 23-02-040, the CPUC ordered the collective procurement of an additional new 4,000 MW NQC in 2026-2027. The decision also extends the deadline for procurement of new long lead-time resources to 2028.
• October 7, 2024- Pioneer filed reply comments in response to the ALJ’s ruling seeking comments on the proposed resource portfolios for the 2025-2026 Transmission Planning Process (TPP). Pioneer urged the Commission to recognize the value of biomass as a clean firm resource needed to meet reliability and renewable energy goals. Our comments ultimately recommended an increase of 0.1 GW growth of biomass in the proposed portfolio. January 10, 2025- The CPUC issued the PD transmitting electricity resource portfolios to the CAISO for the 2025-2026 TPP. The PD failed to adopt many of the requests made by party comments, including Pioneer’s recommendation to increase the growth of biomass. • January 10, 2025- The Long Duration Energy Storage (LDES) Council filed a petition for modification (PFM), urging the CPUC to clarify that derated short-duration battery energy storage cannot be used to meet the mid-term reliability procurement obligation for long-duration storage, as ordered in Decision 21-06-035.
Pioneer does not have any derated short-duration battery energy storage resources in our portfolio that would be negatively impacted if the PFM were to go into effect.
Attachment 2
[Publish Date] Agenda Date: 4/17/2025
• February 10, 2025- CalCCA responded to the LDES Council’s PFM, recommending the CPUC to deny the petition due to the clear nature of the language already present in the original decision, as well as to avoid the precedent of retroactive policymaking which would disadvantage LSEs who already made procurement decisions based on the given language.
• February 20, 2025- The CPUC issued the final decision (D. 25-02-026) transmitting electricity resource portfolios to the CAISO for the 2025-2026 TPP, which adopted the originally proposed base case and sensitivity portfolios.
Renewables Portfolio Standards:
• September 12, 2002- The California Legislature adopted SB 1078 which established the renewables portfolio standards (RPS) program with the initial requirement that 20% of electricity retail sales must be served by renewable resources by 2017. The program was accelerated in 2015 with SB 350 which mandated a 50% RPS target by 2030. The RPS proceeding at the CPUC serves as the vehicle for the CPUC to implement and administer RPS compliance rules for LSEs including Pioneer. Concurrently, the CEC is responsible for the certification of electrical generation facilities as eligible renewable energy resources and adopting regulations for the enforcement of RPS procurement requirements.
• July 22, 2024- Pioneer filed our Draft 2024 RPS Procurement Plan to the CPUC. • August 1, 2024- Pioneer submitted our 2023 RPS Compliance Reporting materials to the CPUC. • November 1, 2024- Pioneer filed comments on the CEC RPS docket, regarding the Draft 10th Edition of the RPS Eligibility Guidebook. Our comments urge the CEC to consider changes to the Guidebook that would reduce barriers to the certification of biomass facilities and burdens associated with reporting and verification. Furthermore, Pioneer recommended that the Guidebook should provide guidance to potential developers on eligible biomass conversion technologies and ensure accurate accounting of the generation from these sources.
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 comments recommending the CPUC fully reject the PD’s restrictions on LSE expansion due to RA deficiencies and modify the RA deficiency penalty.
June 29, 2023- The CPUC issued a decision 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. • 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.
• On September 19, 2023, PG&E and SCE submitted their annual central procurement entity (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 OIR R.23-10-011, which 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, slice-of-day (SOD) transactability, and RA import rules. • December 14, 2023- CPUC denied CalCCA’s request for a rehearing of the decision on RA procurement obligations and the prohibition against CCA expansion for failure to comply. • January 17, 2024- Petition for Writ of Review prohibition of CCA expansion filed. Shell also filed a petition for somewhat different reasons. CPUC is seeking to consolidate since there are two filings. CalCCA did not Attachment 2
[Publish Date] Agenda Date: 4/17/2025
oppose the motion.
• January 19, 2024- Proposals due in the RA proceeding for Track 1, addressing time-sensitive issues that must be resolved for the 2025 RA compliance year. CalCCA has identified 3 major problems that the RA proposals should address: RA market scarcity, the potential exercise of market power, and removing the economic incentives not to comply. CalCCA is seeking to remove the prohibition from CCA expansion in the event of noncompliance and add the ability for the CPUC to waive penalties if CCAs can show reasonable efforts to comply were unsuccessful. The RA proposal approved by CalCCA’s Board included a temporary waiver proposal for system and flexible RA from 2025 to 2027. Partial waivers would waive the penalty points and non-fiscal consequences, and a full waiver would also be available that would waive financial penalties as well under certain circumstances. A slice of day waiver would also be available. • February 23, 2024- There was a SOD proposal workshop. CalCCA is asking for a delay in SOD implementation from 2025 until 2026 because the showing and compliance tools are not working properly. • March 22, 2024- CalCCA submitted comments on the RA Program with regards to considering RA reforms and refinements and establishing forward RA procurement obligations. CalCCA believes the focus should be to adopt proposals that protect customers against excessive RA costs and increase RA capacity availability. • June 6, 2024- CalCCA filed comments on the CPUC’s RA Track 1 PD, regarding key issues with SOD implementation. CalCCA emphasized how customer affordability will be put at risk due to the hourly transactability issue, and the CPUC’s refusal to delay SOD implementation or offer system RA waivers. The comments also included a host of other issues including the CPUC’s insistence on using a higher than necessary planning reserve margin (PRM), exclusion of existing resources in cure period extensions, restrictions on the amount of RA imports allowed, and concerns about the resource counting methodology. • June 14, 2024- CalCCA filed comments on the Assigned Commissioner’s Scoping Memo and Ruling on Track 2, proposing an adjustment of the CPE timeline. Currently, the Commission authorizes the CPE to procure local RA until 2 months before LSEs must submit their year-ahead RA showings. This leaves LSEs with limited time to fill their shortages in response to CPE allocation. CalCCA’s proposal urges the Commission to require the CPE provide their LSEs with their local RA allocations at least 1 year prior to their year-ahead RA filings.
• June 20, 2024- The CPUC issued a decision to adopt local capacity requirements for 2025-2027, flexible capacity requirements for 2025, and refinements to the RA program as scoped in Track 1. The Commission maintains that the 2025 RA compliance year will be the first year for the new SOD framework, but remains open to considering hourly transactability after implementation, should any issues arise. • August 23, 2024- CalCCA filed reply comments on the ALJ ruling modifying the Track 2 schedule, expressing concerns about the upcoming loss of load expectation (LOLE) study and how it will be used to set the PRM for SOD implementation, and the proposed changes to the CPE framework and timeline. • August 30, 2024- Energy Division (ED) published the revised version of their RA LOLE study, which the CPUC will use to calibrate the PRM for the 2026 SOD implementation. Based on the LOLE study, ED staff recommended the CPUC adopt a 26.5% PRM during the months of January to May and a 23.5% PRM during the months of June through December, to maintain the target reliability level of 1 day in 10 years (0.1 LOLE). This recommended PRM is much higher than the originally set 17% PRM in the 2025 SOD implementation framework.
• September 9, 2024- CalCCA filed comments on the published RA LOLE study, urging the Commission to conduct further analysis before adopting the recommended PRM of 26.5% PRM during the months of January to May and a 23.5% PRM during the months of June through December. CalCCA cited concerns with potential study methodology flaws and significant impacts to ratepayer affordability associated with the recommended PRM.
• September 19, 2024- PG&E released their 2024 CPE Annual Compliance report. The report shows they are short in their centralized procurement of RA for 3 years forward. • October 29, 2024- The CPUC issued a PD for RA Track 2, which deals with the PRM and CPE framework.
Regarding the proposed PRM, the Commission agreed additional vetting and further analysis is needed, authorizing ED to undertake a further revision of the 2026 PRM analysis which will be considered in Track 3 of the proceeding. As for the CPE framework, the Commission successfully adopted CalCCA’s proposal to Attachment 2
[Publish Date] Agenda Date: 4/17/2025
lock in CPE allocations one year earlier, giving LSEs more time to self-procure, along with various other revisions.
• November 18, 2024- CalCCA filed comments on the RA Track 2 PD, recommending that the CPUC recognize the significant impact that changes to the PRM can have on reliability and affordability, and allow for earlier adoption of the 2026 PRM if thorough analysis is completed by all relevant stakeholders in advance of the Track 3 timeline. CalCCA also urged the CPUC to adopt revisions to the CPE framework as outlined in the PD, with an opportunity to review their effectiveness at the end of 2027. • December 20, 2024- ED published another revised version of their RA LOLE study, recommending an updated 2026 PRM of 21% for the months of October to May and 22.5% for the months of June to September. Due to affordability concerns, ED also included two proposals to mitigate adverse effects of the high PRMs. The first proposal entails adopting a 17% PRM as an RA requirement, paired with an effective PRM of 22.5% which only IOUs are required to comply with; this proposal would extend the current 2025 status quo. The second proposal entails adopting a 22.5% PRM, but with an option for LSEs to apply for temporary System Waivers in peak months (June to September) for requirements above a 17% PRM based on a cost threshold.
• January 17, 2025- CalCCA filed their RA Track 3 proposals, recommending the CPUC to allow LSEs to transact load obligations on an hourly basis, address co-located generation and RA needs, and incorporate the local RA CPE data request process into the existing RA filing rather than the IRP data collection process. • February 25, 2025- ED issued a correction to their LOLE study, updating their recommended 2026 PRM to 20% for the months of November to May (off-peak) and 21% for the months of June through October (peak). Under this new PRM, the two price mitigation proposals change accordingly. Proposal A entails adopting a 17% PRM as an RA requirement, paired with an effective PRM of 21% in the peak months of June through October, which only IOUs are required to comply with; this proposal would extend the current 2025 status quo. Proposal B entails adopting a 20% PRM for off-peak months and 21% PRM for peak months, paired with an option for LSEs to apply for temporary System Waivers in peak months for requirements above a 17% PRM based on a cost threshold.
• February 28, 2025- The CalCCA Board voted to support Proposal B, which would require LSEs to adopt an increased PRM of 20% in the off-peak months and a 21% PRM in the peak months, with the option of applying for a System Waiver in the peak months for obligations above a 17% PRM. • March 3, 2025- Opening comments were filed on the RA Track 3 Proposals. Most parties, except the IOUs, supported CalCCA’s proposals to adopt hourly load transactability and allow co-located energy only resources to count as RA under SOD. Furthermore, most parties opposed the price mitigation Proposal B which would allow for System RA waivers, and instead recommended the adoption of a PRM that will allow the grid to consistently meet the pre-determined target of 0.1 LOLE. • March 17, 2025- Reply comments were filed on the RA Track 3 Proposals. CalCCA urged the CPUC to reject arguments made by PG&E, SDG&E, and Middle River Power regarding the hourly transactability proposal. As for the proposed PRM and price mitigation proposals, CalCCA reasserted that the CPUC should adopt a 21% PRM in peak months, 20% PRM in off peak months, along with a system RA waiver option in peak months for obligations above a 15.5% PRM, as indicated by SCE’s independent PRM study. However, due to the ongoing disputes over a correct PRM to meet the 0.1 LOLE target, CalCCA urges the CPUC to continue refining their LOLE modeling for the upcoming 2027 PRM.
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) Attachment 2
[Publish Date] Agenda Date: 4/17/2025
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. • October 27, 2023- 22 Democratic lawmakers sent a letter to the CPUC asking for an extension of the timeline for the proceeding and require public participation hearings before implementing an 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 15, 2023- Track B (demand flexibility)- The CPUC issued a PD which directs PG&E to expand the Valley Clean Energy Ag-Fit pilot program. CCAs that participate in the expanded pilot may receive $20/kW for each year of customer enrollment in the PGE Ag-Fit pilot as an incentive. The incentive is capped at $1.8 million for PG&E’s territory. The budgets are for all the CCAs wanting to participate to share. PG&E will be administering the pilot so there will be no administrative costs, but several of the CCAs want to have a say in how the pilot is administered and the education and outreach of the pilot. December 18, 2023- Track A (IGFC)- CPUC issued a ruling requesting implementation information from the IOUs on the IGFC. The ruling directs the IOUs to file additional information about the proposed budgets for implementing the first income-graduated fixed charges by January 24, 2024. • January 23, 2024- (Track B) There was a revised PD on the expanded pilots. Pioneer is considering offering the expanded Ag-Fit program to its customers. The pilot will be administered by PG&E so it will involve minimal work on behalf of Pioneer staff, but it will also bolster our Load Management Standards program and keep us competitive with PG&E.
• January 26, 2024- The CPUC approved the expanded pilots revised decision. In D.24-01-032 to Advance Demand Flexibility Through Electric Rates, the CPUC directed PG&E to expand the Valley Clean Energy Ag Real Time Pricing Pilot (VCE AgFIT Pilot). The decision orders PG&E to extend the duration and expand participation of the VCE AgFIT Pilot to agricultural customers throughout PG&E’s service territory. • January 30, 2024- (Track A)- There was a press conference held by a group of 20 Democratic Legislators calling for the repeal of income-graduated fixed charge. AB 1999 would repeal the income-graduated fixed charge approved under AB 205 (2022) and replace it with a $5 fixed charge for CARE customers and a $10 fixed charge for all other residential customers.
• February 13, 2024- Pioneer staff sent PG&E an email indicating interest in possibly participating in the expanded pilot expansion program, particularly the Ag Pilot. • February 13, 2024- at the Senate Utilities, Energy and Communications hearing the IGFC was brought up by CPUC president, Alice Reynolds, who indicated the CPUC was working on an IGFC decision possibly by the end of Q1.
• March 1, 2024- There is an expanded pilot workshop to address dual participation, since some demand flexibility programs are dual enrollment prohibited. Dual Participation is allowed for- Critical Peak Pricing:
(Peak Day Pricing and SmartRate), Electrification Rates: (E-ELEC), TOU Rates (E-TOU, E-TOU-D), Simple NEM and NBT, and ELRP Subgroup A: (A1-A6). Dual Participation is Prohibited- Supply-Side DR Programs (BIP, CBP, ART, DRAM, non-DRAM DR RA Contracts, DSGS Option 2), Flex Market Pilot, DAHRTP, ELRP Subgroup B: B1-B2, and Other Event-Based Load-Modifying Programs (OBMC, SLRP). • March 25, 2024- PG&E submitted their Tier 2 AL for implementation plans for PG&E’s Expanded Ag Pilot. 5 CCAs have expressed an interest in participating in PG&E’s Ag Pilot in 2024 (Ava, SVCE, VCE, 3CE, and Pioneer). PG&E will launch the pilot in June of 2024. Participants will continue to pay their current bill and will receive the shadow bill, which they will not pay. The shadow bill will illustrate a customer’s potential savings under the dynamic pilot rate. There is also a $20 per unbundled kW per year incentive, subject to a $1.8 million cap for all CCA incentives.
• March 27, 2024- The CPUC issued a proposed decision addressing AB 205 (Income Graduated Fixed Charge) requirements for electric utilities. The earliest this proposed decision could be adopted is May 9, 2024. This decision authorizes all IOUs to shift the recovery of a portion of fixed costs from volumetric rates to a Attachment 2
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separate, fixed amount on bills without changing the total costs that utilities may recover from customers.
As a result, this decision reduces the volumetric price of electricity (in cents per kilowatt hour) for all residential customers of IOUs. The CPUC did not adopt the IOUs’ proposal and instead the proposal would have Tier 1 (customers enrolled in CARE) pay $5 a month, Tier 2 (customers enrolled in FERA or who live in affordable housing restricted to residents with incomes at or below 80% of Area Median Income) pay $12 a month, and Tier 3 (all other customers) pay $24.15 per month. This new billing structure would apply to all residential rates of the IOUs, except for master-meter rates that are not sub-metered. • May 9, 2024- CPUC approved implementation of the Income Graduated Fixed Charge without any changes to the structure described in the previous bullet.
• June 12, 2024- CalCCA filed reply comments on the Track B Proposal, urging the CPUC to reconsider the process for updating marginal cost values and to clarify a cost recovery structure that ensures CCA customers do not get double-charged for being unbundled.
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.
• November 16, 2023- The CPUC unanimously approved the Alternate Proposed Decision and indicated that “the decision balances a myriad of competing interests- affordability, feasibility, safety, and reliability.” PG&E requested $15.4 billion for 2023 and the decision reduced that amount by $1.8 billion to $13.5 billion.
This is an 11% increase from the authorized 2022 revenue requirement. For the typical residential customer, their combined monthly electric and natural gas bill will increase by $32.62 or 12.8%, compared to PG&E’s request of $38.73 or 17.9% increase.
• November 30, 2023- The PD for the PG&E 2024 ERRA Forecast came out. There were a couple of disputed issues including whether to amortize the 2023 trigger balance over 6 months or 12. CalCCA was asking for 12 and PG&E was asking for 6 months. The CPUC adopted PG&E’s recommendation. The second issue was whether PG&E should apply a first-in-first-out methodology to the use of excess prior year RECs or a last-in-first-out methodology. The CPUC ruled with PG&E on a last-in-first-out methodology. • December 12, 2023- A revision to the proposed decision came out and CalCCA won its argument on first-in-first-out, meaning the CPUC is requiring PG&E to use a first-in-first-out methodology for RECs banked in or after 2019.
• December 29, 2023- PG&E submitted their Annual True-Up to change PG&E’s electric rates on January 1, 2024.
• March 21, 2024- There was a Preliminary Issue Review with Keyes and Fox. 2021 ERRA proceeding is still open but coming to an end, 2022 is still busy and 2023 is just starting up. Some of the big issues to watch include PG&E’s RA Sales and Accounting; DWR reimbursement to PG&E; and Retained, Sold and Unsold RPS.
Attachment 2
[Publish Date] Agenda Date: 4/17/2025
• June 12, 2024- The Assigned Commissioner issued the Scope Ruling in PG&E’s 2023 ERRA Compliance proceeding. The ruling does not adopt CalCCA’s recommendation to expressly clarify that the reasonableness of PG&E’s record year RA activities and sales is within the scope of this proceeding. It excludes the RA scoping issue out of this proceeding altogether, possibly in hopes the issue will be settled in PG&E’s 2022 ERRA Compliance proceeding. The Scope Ruling also lays out the procedural schedule. NewGen and Keyes & Fox will continue to work on discovery and reconvene with CalCCA before Intervenor testimony is due in September.
• June 17, 2024- CalCCA filed a protest to PG&E’s 2025 ERRA Forecast application. In this proceeding, the 2025 levels for the PCIA will be established. Due to forecasted low brown energy prices and high RA prices, the PCIA is expected to decrease, which will result in increased generation rates for PG&E’s bundled customers. PG&E’s 2025 ERRA Forecast application proposes a new ratemaking method to ensure reasonable rates for bundled ratepayers, by freezing the RA market price benchmark (MPB) at its 2024 forecast level, rather than using the 2025 forecast or the 2024 actual RA MPBs. CalCCA responded, urging the Commission against considering these broad policy questions, which fall outside the scope of the ERRA Forecast proceeding. CalCCA also argues that implementing an RA value cap would inappropriately inflate PCIA rates, shifting costs to unbundled customers, in violation of the PCIA ratemaking framework that has been established.
• July 25, 2024- The CPUC issued an ALJ ruling in PG&E’s 2022 ERRA Compliance proceeding, re-opening discovery to examine potential RA withholding actions taken by PG&E. • August 1, 2024- Assigned Commissioner issued a Scoping Memo and Ruling in PG&E’s 2025 ERRA Forecast application, supporting CalCCA’s protest that this proceeding is not the correct venue to address the RA MPB issue.
• September 3, 2024- CalCCA filed a direct testimony, prepared by Brian Dickman, in PG&E’s 2025 ERRA Forecast proceeding on behalf of CCAs. The testimony urges the CPUC to reject PG&E’s proposed change to its common cost allocation method and its proposal to create a new category of RPS-eligible resources outside of the previously recognized context of the PCIA calculation. The testimony also calls upon PG&E to make corrections to their calculation of “negative retained system RA” and “amount included as the amortization of the gain on the sale of its San Francisco General Office headquarters”. • October 4, 2024- CalCCA filed an opening brief, prepared by Keyes and Fox, in PG&E’s 2022 ERRA Compliance proceeding regarding the issue of PG&E withholding excess RA. CalCCA urged the Commission to revisit PG&E’s Bundled Procurement Plan in the IRP proceeding to ensure PG&E is making its excess RA available to the market in a timely and comprehensive manner, which is critical due to current RA market shortages. The brief incorporated the new discovery responses received from PG&E, once the ALJ re-opened the discovery window for CalCCA in July 2024.
• October 4, 2024- Energy Division released the 2024 Final MPBs and 2025 Forecast MPBs that are used to calculate the PCIA in PG&E’s 2025 ERRA Forecast proceeding. They have since issued corrections to the MPBs several times.
• October 8, 2024- In the PG&E 2025 ERRA Forecast proceeding, the ALJ issued an email ruling asking for comments regarding the impact of the recently released MPBs. The questions posed ask parties whether they expect the released MPBs to have a significant impact on the issues within the scope of the proceeding, and to offer any procedural options to address these impacts. • October 14, 2024- PG&E and CalCCA replied to the ALJ ruling asking for party comments relating to the impact of the released MPBs. PG&E stated the released RA MPBs will result in a $500 million increase to the bundled customer generate revenue requirement, while departed load customers would see a net reduction of $500 million through their PCIA. Furthermore, the released RPS MPB would increase the bundled service customer generation revenue requirement by an additional $250 million, with a corresponding reduction to departed load customers. For these reasons, PG&E asks the Commission to delay the procedural timeline and consider various mitigation methods such as producing additional rate-setting scenarios and establishing a tracking account to remediate any potential cost shifts while further investigating this issue.
CalCCA stated in their replies that the RA MPB is operating as the Commission intended, therefore, no modifications to the ratemaking process in this proceeding are warranted. CalCCA reiterated that proposals Attachment 2
[Publish Date] Agenda Date: 4/17/2025
to modify the PCIA revenue requirement calculation methodology are outside the scope of this proceeding and should not be considered in response to the ALJ ruling. • October 23, 2024- PG&E filed their Fall Update, in which they argue the recently released MPBs were wrongly calculated and inflated. Considering how the high price of the RA MPB does not appropriately incentivize procurement compliance, PG&E urges the Commission to consider mitigation measures. They present various mitigation proposals which involve freezing the RA and/ or RPS MPBs to 2024 forecast levels and tracking the differences in a balancing account.
• October 31, 2024- CalCCA filed a motion to strike PG&E’s MPB discussion and mitigation proposals from the record, as they were already deemed out of scope for this proceeding in a previous ALJ ruling. CalCCA also filed a reply brief which reiterates that the Commission should not consider MPB mitigation measures in this proceeding, and argues that the “gross revenue requirement” methodology equitably allocates common costs to customers.
• November 15, 2024- CalCCA held an ex parte and met with Maria Sotero from Commissioner Reynold’s office to discuss the MPB issues and better understand what strategies the CPUC wants to pursue in this case. The CPUC expressed understanding of CalCCA’s recommendation to maintain consistent usage of the MPB methodology in PG&E’s 2025 ERRA Forecast proceeding, but did indicate a desire to open a new rulemaking to consider changes to the MPB methodology.
• November 15, 2024- PG&E submitted their Annual Electric True-Up to change PG&E’s electric rates on January 1, 2025.
• November 25, 2024- The CPUC issued a PD for the PG&E 2025 ERRA Forecast proceeding which maintained that PG&E’s RA mitigation proposal is out of scope, securing CalCCA’s win in preventing $1B in costs to the PCIA. PG&E was ordered to use the 2024 MPBs that ED released. However, the PD states that the CPUC may open a new rulemaking to consider modifications to MPB methodology, with possible retroactive rate collections in PG&E’s 2025 Annual Electric True-Up. Furthermore, the PD adopts PG&E’s common cost allocation proposal, but sides with CalCCA that the change should be applied prospectively in 2025 and forward, not to 2024 costs.
• December 2, 2024- CalCCA filed opening comments to the PD in PG&E’s 2025 ERRA Forecast proceeding, emphasizing the importance of providing adequate timelines and discovery rights for non-IOU parties in any future proceeding that will deal with modifications to the RA MPB methodology. Considering recent changes in the RA market including System RA scarcity and sharp price increases in short-term RA, CalCCA does not oppose revisiting the RA MPB methodology, but urges the Commission to consider a more comprehensive evaluation of the methodology. CalCCA’s comments also push back on the CPUC’s adoption of PG&E’s common cost allocation methodology and urges the CPUC to instead adopt CalCCA’s proposal based on gross revenue requirements.
• December 19, 2024- The CPUC issued a final decision in PG&E’s 2025 ERRA Forecast proceeding, bringing it to a close. The decision adopts PG&E’s revised proposal of common costs allocation beginning with January 1, 2025 rates. PG&E’s estimated 12-month net revenue requirement for 2025 is $2.25 billion, resulting in an expected decrease of bundled residential customers’ rates by 2% and a decrease of unbundled residential customers’ rates of 4.4%.
• December 30, 2024- PG&E filed their final Annual Electric True-Up, reflecting the CPUC’s final decision, to update their electric rates effective January 1, 2025.
• February 3, 2025- CalCCA filed an opening brief in the PG&E 2024 ERRA Forecast proceeding recommending that the CPUC should not modify the definition of fixed generation costs, which most other parties were in consensus with. CalCCA also encouraged the CPUC to address any changes in the common cost allocation methodology in a separate, non-expedited rulemaking with all three IOUs as parties, in order to ensure consistency in their practices.
• February 28, 2025- PG&E filed their 2024 ERRA Compliance Application. ERRA Compliance proceedings review PG&E’s activities in the prior year related to its ERRA and PCIA to ensure that those activities were reasonable and comply with Commission decisions and that associated accounts are accurate. • April 4, 2025 – CalCCA filed a Protest of PG&E’s 2024 ERRA Compliance Application, arguing that the Commission should set the matter for hearing to provide CalCCA an opportunity to analyze the application, Attachment 2
[Publish Date] Agenda Date: 4/17/2025
including preliminary issues it identified concerning PG&E’s RA sales activities, PG&E contract amendments, changes to PG&E’s Retained RA Tracker, and PG&E’s treatment of “banked” renewable energy credits to meet its Renewable Portfolio Standard (RPS) requirement. CalCCA also argues that the Commission should explicitly include PG&E’s attempts to sell excess RA consistent with its Bundled Procurement Plan in 2024 within the scope of the proceeding.
Provider of Last Resort (POLR):
• October 2, 2019- SB 520 passed requiring the establishment of a 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), re-entry fees, and LSE de-registration 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. • March 14, 2024- The CPUC issued a PD, with a mix of favorable and unfavorable decisions. For example, it rejected PG&E’s proposal to require FSR postings to reflect 2 months of POLR service, it maintains the ability to use service bonds, and it keeps confidential the information about LSEs that trigger financial monitoring.
However, the proposed decision also approved using PG&E’s Administrative Fee ($4.24) without sufficient evidence of the costs, the CPUC should clarify that November 2024 FSR Calculation would be the earliest possible calculation under the new rules, and the CPUC should clarify the timing of the second tier of reporting requirements so CCAs know when to evaluate their metrics. The biggest issue the PD addressed was updating the FSR requirements. The minimum FSR remains $147,000, but now CCAs must use the IOU’s Administrative Fee multiplied by the number of accounts the CCA has, and post whichever amount is higher. For CCAs in PG&E’s territory the administrative fee is $4.24 per customer, while the other IOUs’ administrative fees are significantly less (around $.50 per customer). If the final decision requires CCAs within PG&E’s service territory to use PG&E’s administrative fee, all CCAs within PG&E’s service territory will likely be paying an FSR well over the $147,000 minimum. • April 23, 2024- CPUC adopted a revised POLR Decision inclusive of several of CalCCA’s requests.
Specifically:
o Reducing RA costs in the FSR by accounting for returning CPE RA allocations, in addition to the CAM and DR RA allocations.
o Nets PCIA in the FSR whether the PCIA is positive or negative. o Affirms current timing for calculating FSRs.
o Provides CCAs with an additional 60 days to file first FSR following IOU tariffs implementing this decision.
o Requires CCAs to file the Tier 1 audited financial report to Energy Division once a year, in January or July, whichever comes earlier relative to the availability of the audited financial statement.
o Allows 90 days for CCAs to submit joint advice letter on new CCA registration process • July 12, 2024- CalCCA, on behalf of Pioneer, filed a Tier 2 AL to formalize the Financial Monitoring and Reporting Guidance document. The CPUC requires financial reporting to be done on a 2-tier system. Tier 1 requires every CCA to submit an annual audited financial report. Tier 2 requires CCAs to submit additional financial reporting, if certain trigger events such as a change in credit rating occur. This document clarifies the process and procedures CCAs must follow to comply with Tier 2 financial reporting conditions. o July 22, 2024- The joint IOUs filed a protest to the joint CCAs’ AL on Financial Monitoring and Reporting Guidance, insisting CCAs’ use “lines of credit” instead of “letters of credit” as the primary financial instrument to demonstrate days of liquidity of hand (DLOH). The IOUs also insisted CCAs report financial triggers 10 days after they occur, instead of the proposed 60 days.
o September 6, 2024- CalCCA met with Energy Division to express that CCAs agree to comply with the joint IOUs’ request to use “lines of credit” to calculate DLOH. On the issue of Attachment 2
[Publish Date] Agenda Date: 4/17/2025
minimum days required to report financial trigger events, CCAs insist on keeping 60 days, as this is the minimum amount of time required to prepare accurate financial statements due to complex billing and accounting systems.
• July 17, 2024- CalCCA, on behalf of Pioneer, filed a Tier 2 AL to clarify requirements for the new CCA registration process and implementation plan. These requirements include (1) submission of a feasibility study and pro forma financial statement with the Implementation Plan, (2) establishment of annual assumptions to be included in the pro forma financial statement, (3) establishment of milestones for critical implementation action and review progress, and (4) submission of an updated proforma financial statement six months prior to launch. The AL served to provide additional examples for annual assumptions and critical milestones.
o August 6, 2024- PG&E filed a protest to the joint CCAs’ AL on additional implementation plan requirements, citing the proposal would limit the CPUC’s ability to assess whether enhancements to the implementation plan would result in cost shifts to bundled customers. o August 13, 2024- CalCCA filed a reply to PG&E’s protest on the additional implementation plan requirements, citing the additional requirements proposed are correctly slotted under the umbrella of CPUC authority to certify implementation plans and determine a cost-recovery mechanism for CCA customers that prevents cost shifts to bundled customers. • August 6, 2024- An ALJ Ruling was issued to define the scoping issues in Phase 2 of the POLR proceeding, which will be primarily concerned with clarifying requirements for an application for a non-IOU LSE to become the POLR.
• August 23, 2024- The prehearing conference for Phase 2 was held, in which CalCCA filed a statement agreeing with the current set of questions proposed in the Phase 2 scope. In its statement, CalCCA also urged the CPUC to reject PG&E’s request to scope in issues regarding the liquidity needs of the POLR and analysis of seasonal RA pricing.
• October 24, 2024- The CPUC issued a scoping ruling for Phase 2 of the POLR proceeding which sets two primary topic areas. The first is establishing the regulatory framework for non-IOU POLRs and the second is the development of the joint application for a non-IOU LSE to serve as POLR. • November 12, 2024- The IOUs filed their ALs for the bi-annual FSR updates. CalCCA compiled the IOU ALs and confirmed they all made their FSR calculations consistent with the current authorization. Given that the IOU ALs implementing Phase 1 are still pending resolution, the FSR updates use the methodology in place without the Phase 1 Decision modifications. Due to the hold on the ALs, all CCAs will be obliged to post the minimum FSR of $147,000 come January 1, 2025.
• November 26, 2024- The CalCCA Regulatory Committee voted in favor of CalCCA engaging in Phase 2 of the POLR proceeding on behalf of its members, to ensure CCAs have a voice in the discussion for how a non-IOU POLR will be established and regulated. CalCCA will present the results of the Regulatory Committee’s vote to the Executive Committee on December 3, 2024, and to the CalCCA Board on December 12, 2024. • December 12, 2024- CalCCA’s Board of Directors voted to engage in Phase 2 of the POLR proceeding. • January 10, 2025- Opening comments were filed on the CPUC’s Phase 2 threshold questions. No IOUs expressed interest in transferring their POLR responsibilities. However, all three IOUs argued that any non-IOU LSE that serves as POLR should be subject to full CPUC jurisdictional authority. Furthermore, no non-IOU LSEs expressed interest in becoming the POLR, except for Shell Energy who only wants to serve commercial and industrial customers.
• January 24, 2025- CalCCA filed reply comments on the CPUC’s Phase 2 threshold questions, recommending the CPUC to establish a core framework for non-IOU LSE requirements and joint application process, but stopping short of building out the entirety of the framework due to the current lack of interest by parties in the designated POLR role. CalCCA also rejected arguments regarding the need for broad jurisdictional CPUC authority of a designated POLR.
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 Attachment 2
[Publish Date] Agenda Date: 4/17/2025
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 in the beginning of 2024.
• January 16, 2024- The data for December’s Fast Trips and YTD data came out. These are the following circuits in Pioneer’s territory with 8 or more outages in 2023:
o Placerville 2106 (EDC)- 19
o Apple Hill 2102 (EDC)- 18
o Shingle Springs 2109 (EDC)- 11
o Mountain Quarries 2101 (EDC)- 11
o El Dorado PH 2101 (EDC)- 11
o Clarksville 2104 (EDC)- 9
o Apple Hill 2104 (EDC)- 9
o Lincoln 1101 (Placer)- 8
o Penryn 1103 (Placer)- 8
o Penryn 1107 (Placer)- 8
o Brunswick 1105 (Nevada)- 17
o Brunswick 1106 (Nevada)- 15
• January 29, 2024- A data request was made by joint CCAs (including Pioneer) using the circuits listed above to PG&E requesting the number of customers served by each circuit, the number of life support customers, the number of medical baseline customers, and the number of critical facilities served by each circuit. • March 8, 2024- Part of the information we were seeking regarding the data request came back. Pioneer staff will be reviewing this information.
• August 23, 2024- PG&E completed our data request made in January, except for information regarding hardening projects on the circuit including their pole numbers, project location and timeline, and type of hardening work to be completed, on the grounds these questions are out of scope and are unduly burdensome. Pioneer staff will be reviewing the rest of the data request provided.
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.
• January 17, 2024- Workshop on implementation of LMS. Comments on the workshop are due on January
31. • March 21, 2024- Pioneer’s LMS plan presented to the Pioneer’s Board for approval. • March 26, 2024- Pioneer submitted the Board-approved LMS plan. • April 1, 2024- All large CCAs are required to file their plan for compliance with LMS regulations. • April 16, 2024- CEC held a scoping meeting to discuss development of the statewide rate access tool.
Discussions on how the tool will be funded are ongoing. • May 31, 2024- CPUC granted PG&E’s request to delay commencement of enrollment in its dynamic rates Attachment 2
[Publish Date] Agenda Date: 4/17/2025
pilots from June 1, 2024 to November 1, 2024.
• July 15, 2024- The CEC requires LSEs to jointly develop and submit a Single Statewide Tool (SST) for their review by October 1, 2024. The joint IOUs, led by SDG&E, released a 50-page draft of a proposed model for the SST, and will host weekly workshops to receive input from CCAs and POUs. • September 4, 2024- Pioneer met with CEC staff to receive feedback on our LMS Compliance Plan and discuss the development of our LMS programs.
• October 1, 2024- In compliance with LMS regulation requirements, Pioneer filed the Single Statewide Tool concept design, terms and conditions, and pleading document, jointly with the IOUs, Large CCAs, and POUs.
In addition, Pioneer submitted our individual LMS Load Flexibility Programs List to the CEC. • January 17, 2025- CalCCA filed comments on the LMS docket, urging the CEC to pause its LMS implementation and assess next steps in regard to the necessity for LMS requirements and funding for the SST development.
• February 21, 2025- A small group of CalCCA Directors met with CEC Commissioner McCallister to discuss issues with the current application of LMS regulations by CEC staff, including how inconsistent the regulations are being applied among different CCAs and the steering of certain outcomes versus a non-biased review process based on economic and technological feasibility. Commissioner McCallister stated his intentions to work with his LMS staff to expedite CCAs’ LMS Compliance plans for approvals through increased flexibility.
• March 5, 2025- Pioneer corresponded with CEC LMS staff regarding program development in our LMS Compliance Plan. We provided an update that our LMS programs are not currently set up to connect price signals to the CEC’s MIDAS system, which is currently not functioning well per an operations update from our vendor who handles MIDAS interactions, Calpine. Pioneer will continue to monitor the situation to see if it is technologically and financially feasible to add this component of MIDAS price signals to our LMS programs in the future, when the MIDAS system issues are resolved.
Power Charge Indifference Adjustment (PCIA):
• February 20, 2025- The CPUC issued a new rulemaking to update and reform ERRA and PCIA policies and processes. This rulemaking was created as an avenue to deal with the RA MPB issue in the previous PG&E ERRA 2025 Forecast, where PG&E argued a new RA MPB methodology is needed to bring down the price.
Track 1 of the proceeding will consider changes to the RA MPB calculation on an expedited basis, aiming to implement the updated methodology in the upcoming October release of the annual MPBs. Track 2 of the proceeding will consider broader issues including review of revisions to the MPBs, evaluating need for ERRA-specific implementation guidance for RA program changes including SOD, how to reduce rate volatility, additional guidance for vintaging resources, and evaluating need for changes to bundled procurement plan processes. All CCAs are named as individual respondents, but all CCAs will file our responses collectively under CalCCA.
• March 18, 2025- CalCCA filed opening comments on the PCIA OIR, arguing that the CPUC has an obligation to both bundled and unbundled customers to administer the PCIA framework fairly and accurately, to ensure indifference. CalCCA included arguments that caution the CPUC against making changes to the PCIA framework or MPB methodology that would only serve to benefit bundled customers in current market conditions, which is considered a cost-shifting, not affordability measure. CalCCA also commented on the five RA MPB revision proposals set forth by ED, advocating for the CPUC to (1) reject including historic RA transactions in the RA MPB, (2) utilize a single RA MPB incorporating system, flex, and local values, (3) exclude affiliate transactions from the RA MPB, (4) exclude swap and sleeve transactions from the RA MPB, and (5) utilize monthly values for the RA MPB, instead of the current annual one to more accurately reflect seasonality. Opening comments by the Joint IOUs argued to include revisions to the RPS MPB in Track 1, as well as requesting the CPUC to consider the issue of their portfolio management and negative PCIA rates. • April 2, 2025- CalCCA filed reply comments on the PCIA OIR, reasserting the CCAs’ positions on the RA MPB revision proposals, and arguing that the Joint IOUs’ proposals to incorporate RPS MPB revisions and portfolio management concerns are not within the scope of Track 1, and the issue of negative PCIA rates should not be re-opened altogether.
• April 8, 2025- The Scoping Ruling for Track 1 was issued, setting a narrow focus on revisions to the RA MPB Attachment 2
[Publish Date] Agenda Date: 4/17/2025
methodology, including the consideration of incorporating historic RA transaction data, combining of system, local, and flex values, and eliminating transactions that are duplicative or not reflective of market-based transactions. The Joint IOUs’ proposal to consider revisions to the RPS MPB, portfolio management, and negative PCIA rates were not included in the Track 1 scope. The ruling directs all parties to address the issue of retroactive rate setting in their opening briefs, making an argument on whether it is appropriate to apply a revised RA MPB methodology to the 2025 ERRA true-up. The ruling aims to produce a Track 1 PD by May 2025 and final decision by June 2025.
Attachment 2
1 Attachment 3 Communications and Outreach Updates
Date: 4/17/2025
NOTABLE ACHIEVEMENTS – MARCH 2025:
• Pioneer is steadily increasing its earned media/editorial presence in both local and opinion-leader press. While
most news stories in recent months have been geared
toward expansion, Pioneer consistently has been able to deliver messaging about customer savings. Reporting and sentiment are positive.
• Social media monitoring is making significant progress in changing the tone of online conversations, with expanded engagement now including positive comments about
Pioneer.
OUTREACH AND ENGAGEMENT
Outreach efforts focused on customer care opportunities and engaging in local community events.
The Lincoln Chamber of Commerce also shared information about our programs. • Field Day- Shingle Springs
• Legislative Biomass Tour
• Rocklin COC Government Relations Committee Meeting
• Lincoln COC Government Relations Committee Meeting
• Loomis COC Government Relations Committee Meeting
• PG&E First Quarter North Valley/Sierra Regional Working Group • Regional Economic Development Stakeholders Meeting
• Community Presentation to 49er Lions Club, Auburn
• Rocklin Chamber Membership Drive
• Placer Business Alliance Regional Education and Economics Panel • Sunrise Rocklin Chamber Meeting
• Rocklin Chamber BOD Meeting
• Expansion Meeting, Phase 2
• Glenn County/Pioneer briefing for Supervisors Yoder and Carmon • Pioneer discussion with City of Colusa City Manager, Jesse Cain
CUSTOMERS GIVE CUSTOMER CARE AND CHATBOT HIGH SATISFACTION RATINGS While March was generally a quiet month, call center, chatbot, and website activity experienced a spike in activity in mid-March. The call center fielded 379 calls, an 11% decrease from February, with primary topics being NEM (17.26%) and billing (17.17%). A total of 83 customer surveys were completed with a 96.4% satisfaction rate.
Chatbot:
• # of live conversations: 31 (decrease of 28%)
• Conversation duration: 15 minutes, 19 seconds
• Customer satisfaction rating: 4.9/5
Plf)NEER
COMMUNITY ENERGY
• Pioneer Community Energy
■ Positive:
Balanced·
46.6'\ Trending Positive:
19.6'\ ■ Trending Negative:
WEBSITE:
Website traffic aligns with call center activity and Chatbot conversations, with spikes in activity from March 16-22 and the busiest day being March 18. The most frequently visited pages, in order, were:
1) Home, 2) Residential rates, 3) Career opportunities, 4) Residential op-out, and 5) About us. This has been consistent throughout the first quarter of 2025. We anticipate a shift in patterns once summer program season launches and paid ads are running.
SOCIAL MEDIA
Pioneer’s social media presence continues to grow, with an impressive 65 new followers on our LinkedIn page and growth in Facebook and Instagram followers as well. Our Ice Energy LinkedIn post generated considerable engagement and positive sentiment. Of note across all social media pages is the increased engagement from partners who are tagging Pioneer. Comment moderation continues to make an impact, driving engagement and keeping information accurate.
Top performing posts for March 2025:
Facebook
Employee Appreciation Day
Instagram
GridGen customer testimonial
LinkedIn
Ice Energy program launch
SPI promotes Pioneer’s legislative biomass tour Lincoln Potters thank Pioneer for continuing partnership
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Attachment 4 Program Updates
Date: 4/17/2025
AC Tune-Up (rebates for AC tune-up)
• The tune-up program relaunched April 1, 2025.
• Marketing efforts for the program include:
o Mailer to previously participating contractors
o E-blast / Newsletter
o Paid aids
o Social media
GridGen (solar + storage)
• The expansion of the GridGen program opens to customers by Q3 2025. • 42 customers in the active pipeline
• 7 have reached permission to operate
• 12 additional customers have signed contracts
• Pioneer is collecting customer testimonials
PowerShift Rewards (incentives for energy conservation) • PowerShift Rewards will relaunch on May 1, 2025
• Pioneer expected to receive CAISO certification as a Demand Response program LED Discount (discounted LEDs at local hardware stores) • The LED Discount program is expected to end by Q2 of 2025, once all funding has been depleted.
Online Marketplace (solar and/or battery storage purchasing) • Nineteen (19) leads have been generated through the Electrum Marketplace. • Pioneer is working with Electrum to address improving local contractor participation in the program to increase customer satisfaction and utilization of the marketplace in 2025.
Hourly Flex Pricing Pilot (credits for energy conservation for Ag customers) • The Hourly Flex Pricing Pilot enrollment is currently closed. PG&E has reached capacity for the pilot and has closed enrollments while they determine next steps. • Pioneer expects enrollments will re-open in the future, but no decision on timeline has been made yet.
Ice Energy Storage (ice technology used for AC energy reduction) • The Ice Energy team have started outreach to commercial customers and a larger marketing effort is expected to launch Q2 2025.
Community Advisory Committee
• The Community Advisory Committee will meet April 23, 2025.
Plf)NEER
COMMUNITY ENERGY
• The plan was adopted in September 2024
• Five (5) Strategic Goals to support the
Mission and Vision
1. Be a Community Partner
2. Be Fiscally Strong & Resilient
3. Provide Exceptional Customer Service
4. Achieve Operational Optimization
5. Be a Great Place to Work
• Quarterly report will provide progress
towards each goal and highlights for next
quarter
Community
Partner
Operational
Optimization
Fiscally
Strong &
Resilient
Great Place to
Work
Exceptional
Customer
Service
Overall
• Progress Fiscal Year to Date:
Continue to maintain a participation rate of >95°/o
with Nevada City and Grass Valley
Stable participation rate in balance of territory
Hired Marketing Consultant
Lobby Day with our Board Chair
Expanded GridGen
• Highlights this Quarter
Launch HVAC and PowerShift Rewards Programs
Sign Master Agreement with FuSE for LCFS revenues
Coordinated CAISO tour
Introduced Biomass Bill
Present Legislative Platform
• Prag ress Fi sea I Year to Date:
Great financial audit
Continue to build reserves towards an "A" rating
Submitted Implementation Plan for expansion to the
CPUC
Negotiations on several long-term power purchase
agreements
✓ Amended the Feed-In Tariff to include Storage
Received excellent financial audit report
• Highlights this Quarter
✓ Develop and present FY 2025-26 Operating Budget
Provide Exceptional Customer
Service
• Prag ress Fi sea I Year to Date
✓ Set rates to achieve an average discount of 10°/o
in the service territory for 2025
✓ Continue to respond to customer phone calls in a
timely and accurate manner
✓ Field Days
• Highlights this Quarter
Launched NEM 3.0 Webinar
Planning out communications outreach after
expansion
✓ Annual NEM cash out process
Presence at County Fairs
Achieve Operational
Optimization
• Progress Fiscal Year to Date
✓ Revenue sharing on battery optimization with
Yellowpine project has netted $1. 7 million
✓ $1.5 million in revenue from sale of large hydro
allocations
✓ Received excellent report on triennial AMI Audit
focused on protection of customer data
✓ Full compliance with all CPUC, CEC, and CAISO
regulations
• Highlights this Quarter
✓ Continued work on utilizing technology to enhance
load forecasting and power supply options
• Progress Fiscal Year to Date
✓ 95°/o approved position are filled
✓ Quarterly volunteering at Feeding the Foothills and
well ahead of 100 hours per year volunteer target
✓ Completed annual employee survey and received
>80°/o positive responses from employees
✓ On-boarded several new employees this fiscal year
• Highlights this Quarter
✓ Launch triennial compensation study
✓ Review health and welfare benefits as part of the
budget process
✓ Support volunteer activities within the community
✓ Continue to recognize employees
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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.