Staff Report – Item 5
Item 5: Adopt Resolution to End SVCE’s “E-ELEC 1.0” Electrification Discount Rate Pilot Program and Establish the “E-ELEC 2.0” Rate Pilot Program with Dedicated Funding From: Monica Padilla, CEO
Prepared by: Peter Mustacich, Technical Manager of Decarbonization Planning and Strategy Justin Zagunis, Director of Customer Success
Date: 5/14/2025
RECOMMENDATION
Request the Silicon Valley Clean Energy (SVCE) Board of Directors (Board) adopt Resolution 2025-12 to:
1. Authorize the termination of the E-ELEC Rate Pilot Program (“E-ELEC 1.0”) effective July 1, 2025;
2. Following the required rate change notification period, authorize the transfer of currently enrolled E-ELEC 1.0 Rate Pilot Program customers to the default E-ELEC rate;
3. Establish the “E-ELEC 2.0” Rate Pilot Program with a budget of $3.5M to better meet the goals of the original E-ELEC 1.0 Rate Pilot Program; and
4. Authorize the release of the remaining $4.5M from the E-ELEC 1.0 Rate Pilot Program budget to the general program budget.
EXECUTIVE COMMITTEE RECOMMENDATION
At the April 22, 2025 Executive Committee meeting, SVCE staff presented an update on the current status of the E-ELEC 1.0 Rate Pilot Program, including learnings and recommendations for improving the rate pilot structure to better meet the program goals. The Executive Committee supported staff’s recommendation to end the current version of the rate pilot program (“E-ELEC 1.0”), adopt a new rate pilot program (“E-ELEC
2.0”) with a budget of $3.5M, and to release the remaining program budget to the general decarbonization fund.
BACKGROUND
In December of 2022, the SVCE Board established by Resolution No. 2022-38 the E-ELEC (“Electric Home”) residential rate mirroring PG&E’s new rate established December 1, 2022. Qualification for the E-ELEC rate includes owning and
operating a heat pump space or water heater, an energy storage system (ESS), and/or an electric vehicle (EV). The E-ELEC rate follows a time-of-use (TOU) structure similar to the EV-2A rate, which includes a daily schedule of Peak (4-9pm), Partial-Peak (3-4pm and 9pm-12am), and Off-Peak (12am-3pm) periods. The E-ELEC rate is currently only available to non-NEM customers, to be reevaluated by PG&E later this year as part of an E-ELEC Phase 2 rate release. Currently SVCE defers to PG&E for customer eligibility in the E-ELEC rate.
In December 2022, the SVCE Board approved $9.5M for an electrification discount, referred to in this report as the E-ELEC 1.0 Rate Pilot Program. This was intended to support decarbonization of existing homes by reducing potential on-bill impacts of electrifying major gas-fired appliances. As part of the December 2022 resolution, a 10% SVCE generation rate discount was implemented on the E-ELEC rate beginning January 1, 2023. Staff informed the Board at the time of adoption that they intended to revisit the E-ELEC discount structure in order to explore further alignment with SVCE’s decarbonization objectives.
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Agenda Item: 5 Agenda Date: 5/14/2025
In April 2023, the SVCE Board voted to modify the structure of the E-ELEC 1.0 Rate Pilot program to better accomplish the primary goals of the program, specifically a) to reduce customer bills from home electrification, and b) to encourage load shifting to align behavioral-driven usage with periods of lower grid emissions. To accomplish this, the Board approved a generation discount design of generation rates 30% lower than PG&E’s generation rates during Off-Peak summer and winter time-of-use periods, 10% higher than PG&E’s generation rates during Peak summer and winter time-of-use periods, and with no deviation (0%) from PG&E’s generation rates during Partial-Peak summer and winter time-of-use periods.
ANALYSIS & DISCUSSION
Program Overview
Since launching in January 2023, SVCE’s E-ELEC Pilot Rate Program currently has over 5,300 enrolled customers. Customers who enroll in the E-ELEC rate through PG&E are automatically enrolled by SVCE in the E-ELEC 1.0 Rate Pilot Program for the generation portion of their bill. To qualify for PG&E’s opt-in E-ELEC residential rate, customers must demonstrate eligibility by providing PG&E proof of owning an EV, heat pump, and/or standalone battery storage system.
At the time of the E-ELEC 1.0 Pilot Rate design, approval, and implementation PG&E did not allow net energy metering (NEM) customers to enroll in the E-ELEC rate. This changed over time, first with PG&E allowing NEM
1.0 and 2.0 customers to enroll in E-ELEC (effective April 2023), then with PG&E making E-ELEC the default rate for new Solar Billing Plan (SBP, also referred to as “NEM 3.0”) customers (effective April 2024).
SVCE performs monthly monitoring and tracking of customer discounts and performance on the rate pilot program, serving the dual purpose of learning from the program as well as monitoring to ensure customers weren’t experiencing significant bill increases due to the structure of the pilot rate design. On average, SVCE customers are saving $15 per month beyond what they would be paying on PG&E’s E-ELEC rate, with less than 5% of customers at risk of experiencing bill increases.
Design of the E-ELEC 2.0 Rate Pilot Program
Through ongoing tracking and customer engagement it has become clear that the current E-ELEC 1.0 Pilot Rate Program is not meeting the desired goals. Thus, staff is recommending closing the current pilot in order to launch the updated E-ELEC 2.0 Rate Pilot Program which has been designed to better achieve the pilot program goals, including:
1. To reduce bill impacts of home electrification, and
2. To incentivize behavior-driven load shifting to periods of lower grid emissions The following table addresses the four major learnings from the E-ELEC 1.0 Rate Pilot Program, their relation to the program goals described above, and the E-ELEC 2.0 Rate Pilot design updates to address these issues:
E-ELEC 1.0 Key
Learning
Relation to Program Goal E-ELEC 2.0 Design Update
80% of enrolled
customers are EV
owners rather than
heat pump owners.
Program was intended to reduce costs
of home electrification, specifically
heat pump space and water heaters.
EV owners have access to the EV-2
residential rate which generally
provides comparable bill savings for
home EV charging without being
subsidized through a pilot program
budget.
Require proof of ownership of both a
heat pump space and water heater to
qualify for the program.
Could not correlate
behavior-driven load
Program was intended to incentivize
shifting out of Peak (4-9pm) periods
and into Off-Peak (midnight – 3pm)
Introduce a new daily Time-of-Use
(TOU) period referred to as the Super-Off-Peak period between the hours of Item 5
Agenda Item: 5 Agenda Date: 5/14/2025
E-ELEC 1.0 Key
Learning
Relation to Program Goal E-ELEC 2.0 Design Update
shift with the pilot rate
design.
periods. However, with the high
volume of EV owners most customer
load profiles reflected maximum
energy usage around 1am when EVs
are most commonly charging.
Because this usage was already in the
lowest cost Off-Peak period, there
was no further incentive to shift usage
to periods of lowest grid emissions
(typically 9am to 3pm daily).
9am to 3pm daily, with the largest
generation discount applied during this
period to incentivize behavior-driven
load shift. This better aligns with the
cheapest, cleanest hours on the grid,
and shifting load to this period helps
reduce SVCE compliance and
procurement costs which ultimately
helps reduce costs for all customers,
even those on other rates.
Customer awareness of
our rate pilot program
was low, even for
enrolled customers
participating in the
rate.
Customer engagement was a central
plan in meeting our goal to encourage
behavior-driven load shifting. With
low awareness of our rate design, our
ability to dialogue with customers and
educate around the benefits of load
shifting were greatly impeded, and
most messaging focused on general
awareness of what our rate pilot
program is.
Additionally, customers reported
difficulty understanding and
contextualizing savings from
participating in the rate pilot, even
after reviewing their bills in detail.
SVCE will control pilot rate enrollment
directly. Any qualifying customer will be
able to enroll in the default E-ELEC
residential rate through PG&E and will be
automatically placed on SVCE’s default
E-ELEC rate at the same generation
discount as all other residential rates
(e.g., 4%). To enroll in the E-ELEC 2.0
Rate Pilot Program, customers already
on the default E-ELEC rate must then
apply to SVCE and prove they meet
program eligibility requirements. By
controlling enrollment, SVCE will have an
established dialogue with customers
from day one of participating in the rate
pilot program, and customers will be
fully aware of the program they are
enrolling in.
Additionally, if approved SVCE will spend
several months before launching the E-ELEC 2.0 Rate Pilot Program designing tools and processes to better support
and inform customers around their
performance in the pilot, including
savings they have earned, tips to
increase future savings, and general
education about household energy
usage.
Studies have
increasingly shown that
low-income customers
have flatter loads
(meaning less variation
between the highest
and lowest amounts of
energy consumed
throughout the day)
and less ability to
implement behavior-The rate pilot program was intended
to benefit all customers. While very
few customers saw any increase in
bills due to the rate pilot program
(less than 3%), the E-ELEC 1.0 rate
structure included an increase in the
cost of electricity during Peak periods
relative to PG&E’s generation rates,
which may disproportionally reduce
bill savings for low-income customers.
The generation rate structure has been
modified to provide customer discounts
at all times of day relative to PG&E,
guaranteeing savings for all participating
customers compared to the default E-ELEC rate, regardless of when or how they use energy. This will enable SVCE
to help low-income customers enroll in
the E-ELEC 2.0 Rate Pilot Program
immediately after participating in our
Full-Service Home Upgrade program and
receiving free home electrification
Item 5
Agenda Item: 5 Agenda Date: 5/14/2025
E-ELEC 1.0 Key
Learning
Relation to Program Goal E-ELEC 2.0 Design Update
driven load shift in their
daily lives.
services, ensuring they maximize bill
savings moving forward.
The following graph compares the E-ELEC 2.0 generation rate to default E-ELEC rate, with comments highlighting the significance and rationale for the design structure:
The table below compares the generation rate discount for E-ELEC 1.0 Rate Pilot Program (crossed out by the red “X”), the default E-ELEC rate, and the E-ELEC 2.0 Rate Pilot Program.
Item 5
Summer SVCE Generation Rates ($/kWh)
$0.30
$0.00
OFF PEAK
1AM
SUPER OFF PEAK PARTIAL PEAK PEAK PARTIAL PEAK OFF PEAK
^—Default E-ELEC — E-ELEC 2.0
12 AM
E-ELEC 1.0 E-ELEC E-ELEC 2.0
(Current) (default) Rate Pilot
Note: Negative means "cheaper than PG&E" positive means "more expensive".
Winter
Super-Off-Peak 9a-3p \ -30% -4% -60%
Off-Peak
Partial-Peak
Peak
12-9a
3-4p & 9p-12a
4-9p
\-30%/ -4% -30%
W -4% -10%
+10% -4% -10%
Super-Off-Peak 9a-3p -30% -4% -60%
(D
E Off-Peak 12-9a / -30% -4% -30%
E
on Partial-Peak 3-4p & 9p-12a / 0% \
-4% -10%
Peak 4-9p
/
+10% \
-4% -10%
Agenda Item: 5 Agenda Date: 5/14/2025
The following table shows the specific generation rate components e, which includes both the Power Charge Indifference Adjustment (PCIA) and the Franchise Fee Surcharge (FFS):
Planned Timing and Approach
E-ELEC 1.0 Rate Pilot Program Closure:
If this recommendation is approved by the Board, SVCE will begin closing the pilot rate program. SVCE will provide customers 30 days written notification of closure of the rate pilot program, effective on or after July 1, 2025, at which time all enrolled customers will be transferred to the default E-ELEC rate at SVCE’s standard residential rate discount. There will be no impact to their rate enrollment on PG&E’s end and minimal customer disruption is anticipated in this process.
E-ELEC 2.0 Rate Pilot Program Design and Implementation:
If this recommendation is approved by the Board, staff will spend the remainder of the calendar year setting up the administrative and marketing structures necessary to implement the updated pilot. Staff anticipates launching the updated pilot in January 2026. This time period will allow SVCE to perform the following actions:
• Work with billing service provider to set up new TOU rate structure and discount design • Coordinate data transmission process from PG&E to billing service provider to accommodate new TOU period
• Establish enrollment process including refining qualifications, generating enrollment forms or portals, and creating workflow for communicating enrollments and un-enrollments with billing service provider • Evaluate data tools and processes required to track and monitor customer performance, including resources required to accomplish regular customer tracking and report (which may include hiring a consultant or additional SVCE staff member)
• Develop thorough customer messaging and engagement strategies and materials, from awareness and recruitment to regular performance check-ins to education and additional engagement opportunities • Develop an ongoing measurement and verification (M&V) strategy to leverage ongoing learnings from administering the pilot rate program, including analyzing customer usage, quantifying behavior-driven load shift, evaluating trends in customer demographics and discount levels, and monitoring impact to SVCE net revenue to inform future rates and help move towards a scalable (non-pilot) version of the rate in future iterations.
E-ELEC Pilot Program Budget Update
Of the allocated $9.5M for the E-ELEC 1.0 Pilot Rate Program, $8.0M of the budget remains (roughly 85%) after two years of administering the pilot rate program. Staff recommends that $3.5M of the remaining budget Item 5
E-ELEC1.0
(Current)
E-ELEC
(default)
E-ELEC 2.0
Rate Pilot
Super-Off-Peak 9a-3p $0.06851 $0.09396 $0.03915
£ Off-Peak 12-9a $0.06851 $0.09396 $0.06851
Partial-Peak 3-4p & 9p-12a $0ylll22 $0.10677 $0.10010
Peak 4-9p k14431 $0.12594 $0.11807
Super-Off-Peak 9a-3p /$0.10438 $0.14315 $0.05964
u.
Off-Peak 12-9a $0.10438 $0.14315 $0.10438
E
Partial-Peak 3-4p & 9p-12a $0.19421 $0.18644 $0.17479
Peak 4-9p $0.32265 $0.28159 $0.26399
Agenda Item: 5 Agenda Date: 5/14/2025
be allocated to the proposed E-ELEC 2.0 Rate Pilot Program, with the remaining $4.5M released to the programs fund.
Allocating $3.5M to establish the E-ELEC 2.0 Rate Pilot Program will provide an estimated $2.5M in direct customer bill savings, supporting up to 5,000 customers over a period of five years (assuming linear enrollment growth). The additional budget will support the implementation the new rate structure.
Staff is recommending the remaining $4.5M from the E-ELEC 1.0 budget be released to the general program budget to support other decarbonization efforts.
STRATEGIC PLAN
Rate pilot programs to reduce customer bills from electrification is directly supported by SVCE Strategic Plan Goal 7 – “Support all SVCE communities to decarbonize through local investments that reduce barriers and demonstrate sensible, scalable, and equitable solutions”. Additionally, the level of customer education and communication included in the rate pilot program design support Goal 8 – “Engage customers and community stakeholders to build trust of SVCE and advance decarbonization”.
ALTERNATIVE
Not adopting the proposed resolution would result in SVCE continuing to offer the E-ELEC 1.0 Rate Pilot Program in its current format. With 85% of the approved budget remaining, it is anticipated SVCE could continue offering the pilot rate program as-is through the end of 2027. Given the lack of realized goals, staff does not recommend this alternative.
FISCAL IMPACT
The Board’s approval of the proposed Resolution will not have a fiscal impact as the funds are already accounted for in the existing budget and financial forecasts.
ATTACHMENT
1. Resolution 2025-12, Approving ending SVCE’s “E-ELEC 1.0” Rate Pilot Program and Establishing the “E-ELEC 2.0” Rate Pilot Program with Dedicated Funding
Item 5
1 RESOLUTION 2025-12
SILICON VALLEY CLEAN ENERGY AUTHORITY
RESOLUTION NO. 2025-12
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SILICON
VALLEY CLEAN ENERGY AUTHORITY APPROVING ENDING THE
“E-ELEC 1.0” HOME ELECTRIFICATION RATE PILOT PROGRAM
AND ESTABLISHING THE “E-ELEC 2.0” RATE PILOT PROGRAM
WITH DEDICATED FUNDING
WHEREAS, the Silicon Valley Clean Energy Authority (“Authority”) was formed on March 31, 2016 pursuant to a Joint Powers Agreement to study, promote, develop, conduct, operate, and manage energy programs in Santa Clara County; and WHEREAS, at the June 8, 2016 Board of Directors Meeting, the Board adopted the policy that the Authority’s customer generation rates for the default service will be 1% lower than Pacific Gas & Electric’s generation rates in place as of January 2017; and the policy allows reexamination of the rates, provided significant deviations in market prices or other extraordinary circumstances mandate an adjustment to the rates; and
WHEREAS, on December 14, 2022, the Board of Directors adopted Resolution No. 2022-38 approving establishing an E-ELEC (“Electric Home”) residential rate to correspond with PG&E’s new rate; and
WHEREAS, on December 14, 2022, the Board of Directors adopted Resolution No. 2022-39 approving $9.5M for an electrification discount, to be commenced January 1, 2023 as a 10% discount to the E-ELEC residential rate, but which staff would reevaluate in 2023; and
WHEREAS, on April 12, 2023, the Board of Directors adopted Resolution No. 2023-07 approving amendment of the E-ELEC generation discount of 10% to establish generation rates 30% lower than PG&E’s generation rates during Off-Peak summer and winter time-of-use periods, 10% higher than PG&E’s generation rates during Peak summer and winter time-of-use rates, and with no deviation (0%) from PG&E’s generation rates during Partial-Peak summer and winter time-of-use periods, effective May 1, 2023; and
WHEREAS by establishing the E-ELEC 2.0 Rate Pilot Program SVCE will help reduce customers’ monthly electricity bills for homes with heat pump technology while incentivizing behavior-driven load shift to hours when the California electric grid is cheapest and cleanest, thereby helping reduce SVCE’s regulatory compliance costs to ultimately reduce system costs for all customers.
NOW THEREFORE, the Board of Directors of the Silicon Valley Clean Energy Authority does hereby resolve, determine, and order as follows:
Item 5
Attachment 1
2 RESOLUTION 2025-12
Section 1. The Authority shall terminate the E-ELEC Rate Pilot Program (“E-ELEC 1.0”) adopted by Resolution No. 2022-39 and Resolution No. 2023-07, to allocate $9.5M for a customized discount from PG&E’s E-ELEC residential generation rates, effective July 1, 2025.
Section 2. The Authority shall transfer customers currently enrolled in the E-ELEC 1.0 Rate Pilot Program to the default E-ELEC rate established by Resolution No. 2022-38.
Section 3. The Authority shall allocate $3.5M to establish the E-ELEC 2.0 Rate Pilot Program to achieve the objectives stated above.
Section 4. The Authority’s adjusted E-ELEC 2.0 Rate Pilot Program electric generation rates shall be set forth in an updated 2025 Electric Generation Rates Schedule. The Board of Directors will be presented for approval with the updated 2025 Electric Generation Rates Schedule at its first meeting after the E-ELEC 2.0 Rate Pilot Program SVCE electric generation rates are updated.
PASSED AND ADOPTED this 14th day of May 2025, by the following vote:
JURISDICTION NAME AYE NO ABSTAIN ABSENT
City of Campbell Director Scozzola
City of Cupertino Director Fruen
City of Gilroy Director Hilton
City of Los Altos Director Meadows
Town of Los Altos Hills Director Tyson
Town of Los Gatos Alternate Director Ristow
City of Milpitas Director Barbadillo
City of Monte Sereno Director Mekechuk
City of Morgan Hill Director Martinez Beltran
City of Mountain View Director Showalter
County of Santa Clara Director Lee
City of Saratoga Director Walia
City of Sunnyvale Director Klein
Item 5
Attachment 1
3 RESOLUTION 2025-12
Chair
ATTEST:
Andrea Pizano, Board Secretary
Item 5
Attachment 1
Staff Report – Item 6
Item 6: Approve Formation of Ad Hoc Committee to Review and Propose Amendments to Silicon Valley Clean Energy’s Operating Rules and Regulations To: Silicon Valley Clean Energy Board of Directors
From: Monica Padilla, CEO
Date: 5/14/2025
RECOMMENDATION
Approve the formation of an Ad Hoc Committee to review Silicon Valley Clean Energy’s (SVCE) Operating Rules and Regulations (ORR) and propose amendments for adoption by the Board of Directors (Board).
Members of this Ad Hoc Committee to include Board Chair George Tyson, Board Vice Chair Larry Klein, and Director Pat Showalter. The term of the Ad Hoc Committee shall run through the end of 2025.
EXECUTIVE COMMITTEE RECOMMENDATION
Board Chair George Tyson presented a proposal to form an Ad Hoc Committee to review SVCE’s ORR to the Executive Committee on April 22, 2025; all committee members supported the formation of an Ad Hoc Committee consisting of the proposed members. The presentation to the Executive Committee is included as Attachment 1.
BACKGROUND
SVCE’s ORR were first adopted in June 2016 as the Authority was in its infancy with the intent that they can be expanded as the board further addressed its operations and policies. Since then, the ORR has been amended numerous times with minor amendments, enhancements, and clarifications with the most recent amendment occurring in May 2023 to amend language that the Executive Committee membership can be up to six Board members.
ANALYSIS & DISCUSSION
SVCE continues to grow in size and complexity. The current governance and decision-making processes are effective, however there are enhancements which may better position SVCE for future growth and a strong ability to fulfill SVCE’s mission. A full review of SVCE’s ORR will be undertaken to identify areas for refinement, clarification and/or additions.
Ad Hoc Committee Scope
Proposed scope for this Ad Hoc Committee would be:
• Review SVCE’s current ORR;
• Research neighboring CCA bylaws, best practices and operations; • Identify potential amendments to the ORR;
• Present a recommendation to the Executive Committee and final to the Board for approval Membership
Proposed membership of this group would be:
• Board Chair George Tyson
• Board Vice Chair Larry Klein
• Director Pat Showalter
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Agenda Item: 6 Agenda Date: 5/14/2025
The proposed members reflect a diverse representation of SVCE’s membership with demonstrated experience in understanding the operating needs of the agency.
The term of this Ad Hoc Committee will be appointment date (anticipated May 14, 2025) through completion of the amendment recommendations to the Board of Directors. This is expected to be before the end of 2025.
Staff will be consulted as necessary, however the primary work of reviewing and proposing modifications will be conducted by the Ad Hoc Committee.
STRATEGIC PLAN
Formation of the Ad Hoc Committee would directly support Goal 9 of SVCE’s Strategic Plan to, “Implement industry best practices to enable data-driven decision making across the organization; enhance systems, standards and procedures to streamline business processes and improve operational effectiveness and reliability (aka SVCE 3.0).”
ALTERNATIVES
The Board can choose not to form the Ad Hoc Committee, however it would be beneficial to have multiple board members research, review and discuss best practices to develop a more comprehensive recommendation.
FISCAL IMPACT
No anticipated fiscal impact as a result of the formation of an ad hoc committee.
ATTACHMENT
1. April 22, 2025 Presentation to the SVCE Executive Committee Item 6
• Subtitle
New SV Clean Energy
PowerPoint Template
Best Practices and Process to
develop Recommended Changes
to SVCE Operating Rules and
Regulations
April 22, 2025
Item 6
Attachment 1
April 22, 2025 Presentation to SVCE Executive Committee ii
2 SVCE Operating Rules and Regulations
• Initially adopted June 2016
• Consists of bylaws,
regulations and procedures
governing the operation of
SVCE
• Latest update was May 2023
Item 6
Attachment 1
April 22, 2025 Presentation to SVCE Executive Committee
SILICON VALLEY CLEAN ENERGY AUTHORITY
OPERATING RULES AND REGULATIONS
ARTICLE I
FORMATION
The Silicon Valley Clean Energy Authority (the “Authority”) was established on March 31, 2016 pursuant to the execution of the Silicon Valley Clean Energy Authority Joint Powers Agreement (the “Agreement”) by the County of Santa Clara, the Cities of Campbell, Cupertino, Gilroy, Los Altos, Monte Sereno, Morgan Hill, Mountain View, Saratoga and Sunnyvale and the Towns of Los Altos Hills and Los Gatos. The members of the Authority are referred to as Party or Parties in these Operating Rules and Regulations. As defined by the Agreement, these Operating Rules and Regulations consist of rules, regulations, policies, bylaws and procedures governing the operation of the Authority.
ARTICLE II
PURPOSES
The Authority is formed to study, promote, develop, conduct, operate, and manage energy and energy-related climate change programs, and to exercise all other powers necessary and incidental to accomplishing this purpose. These programs include but are not limited to the establishment of a Community Choice Aggregation Program known as Silicon Valley Clean Energy in accordance with the terms of the Agreement.
ARTICLE III
BOARD OF DIRECTORS
Section 1. Appointment of Chair and Vice-Chair. The Board shall appoint from among themselves by majority vote a Chair and Vice-Chair. The Chair and Vice-Chair shall be appointed for one-year terms expiring at the annual meeting held in January of each year. As provided by the Agreement, there are no limits on the number of terms that a Board member may serve as Chair or Vice-Chair.
Section 2. Appointment of Secretary and Treasurer. The Secretary and Treasurer shall be appointed by the Board for one-year terms expiring at the annual meeting held in January of each year.
Section 3. Extension of Term of Office. If for any reason, the appointment of a Board officer is not made in January of any year, such officer shall continue to serve in his or her position until an appointment is made at a meeting of the Board.
Section 4. Removal of Officers. An officer of the board shall be subject to removal as an officer of the board at any time for any reason by a majority vote of the entire Board. 1 12660-0002\l961754v2.doc
Amended: 5/10/23
ORR Sections
3 • Article I: Formation • Article II: Purposes • Article III: Board of Directors • Appointment of Chair and Vice -Chair
• Appointment of Secretary and Treasurer • Extension of Term of Office • Removal of Officers • Removal of Board Members for Cause • Article IV: Committees • Establishment of Committees • Executive Committee • Article V: Meetings • Regular Meetings • Special Meetings • Annual Meeting • Open Meeting Requirements • Chair and Vice Chair Vacancies • Article VI: Amendments Item 6
Attachment 1
April 22, 2025 Presentation to SVCE Executive Committee SILICON VALLEY <3/ CLEAN ENERGY
Some Context!
By Chair Tyson
4 • SVCE is a large, growing, and
increasingly complex entity
• Our current governance is good – we
have an effective board and solid
decision-making processes
• Other CCAs have had discussions about
their governance, and this seems like a
good time to perform a review of our
own, consider and discuss potential
changes, and position ourselves for
future growth and a strong ability to fulfill
our mission long term
Item 6
Attachment 1
April 22, 2025 Presentation to SVCE Executive Committee SILICON VALLEY <3/ CLEAN ENERGY
Ad Hoc
Committee
Proposed
Scope
5 • Review SVCE’s current Operating Rules
and Regulations
• Research neighboring CCA bylaws
• Identify potential amendments
• Present recommendation to Executive
Committee and final to Board of
Directors for approval
Item 6
Attachment 1
April 22, 2025 Presentation to SVCE Executive Committee SILICON VALLEY <3/ CLEAN ENERGY
6 Recommendation
Form an Ad Hoc Committee to review SVCE’s Operating Rules and Regulations for potential amendments.
Item 6
Attachment 1
April 22, 2025 Presentation to SVCE Executive Committee Title of the Page
Thank you
Item 6
Attachment 1
April 22, 2025 Presentation to SVCE Executive Committee 8 Appendix
Item 6
Attachment 1
April 22, 2025 Presentation to SVCE Executive Committee 9 ORR Amendment Process
• Any amendments must be proposed at a regular meeting and acted upon at the next or later regular meeting of the Board for final adoption
• Notice of proposed amendment must be sent at least 10 days prior to the date of the meeting at which final action on the amendment is to be taken (full text)
Item 6
Attachment 1
April 22, 2025 Presentation to SVCE Executive Committee Past Amendments
SVCE Operating Rules and Regulations
• Amendments to-date have included:
• Regular meeting location;
• Authorization for the Chair of the Board to designate an alternative meeting place within the jurisdiction of the authority after consultation with the Chief Executive Officer on available meeting locations in the event that the Cupertino Community Hall is not available for a regular or adjourned regular meeting; • Changing the Date of the Annual Meeting and the Appointment of Officers and Committee Members and Conforming the Provisions Regarding the Holding of Regular Meetings to Board Resolution Nos. 2016-14 and 2017-11;
• Defining unexcused absences from board meetings;
• Including reference to SVCE’s Code of Ethics Policy;
• Clarification of general Committee Membership and maximum number of members; • Clarification of Executive Committee appointments in January of each year; and • Addition of Chair and Vice Chair Vacancy language.
Item 6
Attachment 1
April 22, 2025 Presentation to SVCE Executive Committee 11 Ad Hoc Committees
Article IV, Section 1
“Each duly established Committee may establish any Standing or Ad Hoc Committees determined to be appropriate or necessary.
The duties and authority of all Committees shall be subject to the approval and direction of the Board.”
Item 6
Attachment 1
April 22, 2025 Presentation to SVCE Executive Committee 12 • Communications: We decided that a formal policy regarding Director’s communications with and response to staff was beyond what is needed, and we encourage the CEO to communicate any issues with individual Directors directly.
• Attendance: Regarding Director’s attendance at Board meetings, we wish to remind Directors to communicate their expected absence, change in plans (e.g. in person vs. remote), and preparation of their Alternates as substitutes as early as possible. • Committees: Regarding Director’s role on subcommittees, we find it highly advisable that Directors wishing to serve as Chairs should expect to attend a high percentage of planned meetings in person. Those attending subcommittees as members should also be aware that, since Alternates are not permitted, meeting quorum requires a high degree of communication and response.
• Meetings: More broadly, we see the value of staff scheduling recurring meetings early in the year and also for Directors providing to staff information on their vacation or other travel plans as soon as these are established (or even prior, if extensive). • Stipend: We also discussed the possibility of providing a stipend for meeting attendance, as is done in some other agencies to serve as an inducement for attendance. No decision was reached on a recommendation, and we recognize that this would require a change in the JPA.
CEO Transition Ad Hoc Committee (2024)
Best Practice Recommendations
Item 6
Attachment 1
April 22, 2025 Presentation to SVCE Executive Committee