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On January 25, 2016, the City Council conducted a study session on possibilities <br />presented by a Community Choice Aggregation program. The Council indicated general <br />support of the program. The recommended actions are required for the City of Redwood <br />City to become a charter member of the Peninsula Clean Energy Authority. <br /> <br />ANALYSIS <br />Section 366.2(c)(12)(B) of the Public Utilities Code expressly contemplates creation of a <br />Joint Powers Authority so that a county and a city or cities can “participate as a group in <br />a community choice aggregation program.” In order to participate in the existing <br />program, each city must: (1) enter into a Joint Powers Agreement forming a Joint <br />Powers Authority under Section 6500, et seq. of the Government Code; and (2) adopt <br />an Ordinance “elect[ing] to implement a community choice aggregation program within <br />its jurisdiction” as required by Section 366.2(c)(12)(A). <br /> <br />Provided with this report is an Ordinance that complies with the requirements of Section <br />366.2(c)(12)(A). Adoption of an Ordinance requires two public meeting: the first meeting <br />is to introduce the Ordinance, followed by a second public meeting adopting the <br />Ordinance. <br /> <br />Also provided with this report is a Joint Powers Agreement, executed by the County and <br />several cities, which creates the Peninsula Clean Energy Authority. The Agreement <br />provides that: <br />· each city is a full member of the JPA rather than a “participant” in the program; <br />· each city has a member on the JPA Board, represented by an elected public <br />official; <br />· the County has two members on the JPA Board; <br />· the JPA has a two-tiered voting system based both on majority vote as well as a <br />weighted vote that allocates voting power in relation to the energy used within <br />each jurisdiction so as to create a fair balance of power among the members; <br />· any liabilities of the JPA are incurred by the JPA and not the constituent <br />members; and <br />· constituent members may withdraw from the Authority without financial obligation <br />if, prior to launch, it is clear that the Authority cannot meet its pricing and <br />environmental goals. <br /> <br />In addition, it is of note that under Public Utilities Code section 366.2, customers have <br />the right to opt out of a CCA program and continue to receive service from the <br />incumbent utility. Customers who wish to continue to receive service from the <br />incumbent utility will be able to do so. PCE is required to provide customers at least <br />four notices of their rights to continue to receive service from the incumbent utility. <br />Those who do receive power from PCE will still receive that power over the incumbent <br />utility transmission lines and receive the same billing statement from the incumbent <br />utility. <br /> <br />The benefits and risks of program participation are addressed below. <br /> <br />9.B. - Page 2