ORDINANCE NO.
AN ORDINANCE OF THE CITY OF STOCKTON APPROVING THE EAST BAY COMMUNITY ENERGY AUTHORITY JOINT POWERS AGREEMENTAND AUTHORIZING IMPLEMENTATION OF ITS COMMUNITY CHOICE AGGREGATION PROGRAM WHEREAS, The City of Stockton has an interest in achieving greater local involvement over the provision of electricity supply services, competitive electric rates, the development of local renewable energy projects, reduced greenhouse gas emissions, and the wider implementation of energy conservation and efficiency projects and programs; and WHEREAS, Assembly Bill 117 codified as Public Utilities Code Section 366.2 (the “Act”), authorizes any California city or county whose governing body so elects, to combine the electricity load of its residents and businesses in a community-wide electricity aggregation program known as Community Choice Aggregation (CCA”); and WHEREAS, The Act allows a CCA program to be carried out under a joint powers agreement entered into by entities that each have capacity to implement a CCA program individually. The joint powers agreement structure reduces the risks of implementing a CCA program by immunizing the financial assets of participants; and WHEREAS, The City of Stockton CCA feasibility study and evaluation showed that implementing a program was likely to provide multiple benefits to the residents, including the following:
Providing customers a choice of power providers;
Increasing local control over energy rates and other energy-related matters; Providing electric rates that are competitive with those provided by the incumbent utility; Reducing greenhouse gas emissions arising from electricity use; Increasing local and regional renewable generation capacity; Increasing energy conservation and efficiency projects and programs; Encouraging local economic and employment benefits through energy conservation and efficiency projects.
WHEREAS, Representatives from Alameda County and Alameda County cities have developed the East Bay Community Energy Authority Joint Powers Agreement (“Joint Powers Agreement”), attached hereto as Exhibit A. The Joint Powers Agreement creates the East Bay Community Energy Authority (“Authority”) which will govern and operate the CCA program. The County and a majority of major Alameda County cities have elected to participate in the CCA program by executing the Joint Powers Agreement and adopting an ordinance electing to implement a CCA program, as required by Public Utilities Code Section 366.2(c)(12), and WHEREAS, The Authority has entered into agreements with electric power suppliers and other service providers and, based upon those agreements, the Authority has provided electrical power to residents and businesses at rates that are competitive with those of the incumbent utility. Upon the California Public Utilities Commission’s certification of the implementation plan prepared by the Authority, the Authority has provided service to customers within its member jurisdictions. Under Public Utilities Code Section 366.2, customers have the right to opt-out of a CCA program and continue to receive service from the incumbent utility. Customers who wish to continue to receive service from the incumbent utility will be able to request to do so at any time, and WHEREAS, The Authority made a presentation to City Council at its November 9, 2021, meeting; showed interest in exploring potential services to the City of Stockton; and the City Council authorized staff to investigate participation in the CCA program with the Authority, and WHEREAS, Concurrent with the introduction of this ordinance, the City Council considered a resolution that authorized the City Manager to execute the East Bay Community Energy Authority Joint Powers Agreement; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
SECTION 1. FINDINGS.
Based upon the findings set forth hereinabove, the City Council elects to participate in, and approves the implementation of a Community Choice Aggregation program within the City of Stockton’s jurisdiction by and through the East Bay Community Energy Authority.
SECTION 2. ENVIRONMENTAL.
The passage of this ordinance is not a project under the California Environmental Quality Act (CEQA) because it does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Sections 15378, therefore, not subject to CEQA pursuant to CEQA Guidelines Section 15060.
SECTION 3. SEVERABILITY.
If any part of this ordinance is declared invalid by a court, such validity shall not affect any of the remaining parts.
SECTION 4. PUBLICATION.
This ordinance shall be published once in a newspaper of general circulation of the City of Stockton within fifteen days after its adoption.
SECTION 4. EFFECTIVE DATE.
This ordinance shall take effect and be in full force thirty (30) days after its passage.
ADOPTED: ___________________
EFFECTIVE: ___________________
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
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