Laserfiche WebLink
Page 2 of 3 <br />ATTY/ORD.421/PENINSULA CLEAN ENERGY COMMUNITY CHOICE AGGREGATION ORDINANCE <br />REV: 01-28-16 JS <br /> <br />C. The City Council has directed staff to bring for its approval a Joint Exercise <br />of Powers Agreement (the “Joint Powers Agreement”) creating the <br />Peninsula Clean Energy Authority (the “Authority”). Under the Joint Powers <br />Agreement, cities and towns within San Mateo County may participate in <br />the Peninsula Clean Energy CCA program by adopting the resolution and <br />ordinance required by Public Utilities Code section 366.2. Cities and towns <br />choosing to participate in the CCA program will have membership on the <br />Board of Directors of the Authority as provided in the Joint Powers <br />Agreement; and <br /> <br />D. The Authority will enter into agreements with electric power suppliers and <br />other service providers, and, based upon those agreements, the Authority <br />may be able to provide power to residents and businesses at rates that are <br />competitive with those of the incumbent utility (“PG&E”). Once the California <br />Public Utilities Commission approves the implementation plan created by <br />the Authority, the Authority will provide service to customers within the <br />unincorporated area of San Mateo County and within the jurisdiction of <br />those cities that have chosen to participate in the CCA program; and <br /> <br />E. Under Public Utilities Code Section 366.2, customers have the right to opt <br />out of a CCA program and continue to receive service from the incumbent <br />utility. Customers who wish to continue to receive service from the <br />incumbent utility will be able to do so. <br /> <br /> <br />SECTION 2. Authorization to Implement a Community Choice Aggregation <br />Program. Based upon the forgoing, and in order to provide businesses and residents <br />within the City with a choice of power providers and with the benefits described above, <br />the City Council ordains that it shall implement a community choice aggregation program <br />within its jurisdiction by participating as a group with the County of San Mateo and other <br />cities and towns as described above in the Community Choice Aggregation program of <br />the Authority, as generally described in the Joint Powers Agreement. <br /> <br />SECTION 3. Severability. In the event any section, clause or provision of this <br />Ordinance shall be determined invalid or unconstitutional, such section, clause or <br />provision shall be deemed severable and all other sections or portions hereof shall remain <br />in full force and effect. It is the intent of the City Council that it would have adopted all <br />other portions of this Ordinance irrespective of any such portion declared to be invalid or <br />unconstitutional. <br /> <br />SECTION 4. Environmental Determination. Implementing and participating in a <br />CCA program is not a “project” under CEQA because it does not involve any commitment <br />to a specific project which may result in a potentially significant physical impact on the <br />environment, as contemplated by title 14, California Code of Regulations, Section <br />9.B. - Page 29