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2/22/2016 C. The City Council has directed staff to bring for its approval a Joint Exercise of Powers Agreement (the "Joint Powers Agreement") creating the Peninsula Clean Energy Authority (the "Authority"). Under the Joint Powers Agreement, cities and towns within San Mateo County may participate in the Peninsula Clean Energy CCA program by adopting the resolution and ordinance required by Public Utilities Code section 366.2. Cities and towns choosing to participate in the CCA program will have membership on the Board of Directors of the Authority as provided in the Joint Powers Agreement; and D. The Authority will enter into agreements with electric power suppliers and other service providers, and, based upon those agreements, the Authority may be able to provide power to residents and businesses at rates that are competitive with those of the incumbent utility ("PG&E"). Once the California Public Utilities Commission approves the implementation plan created by the Authority, the Authority will provide service to customers within the unincorporated area of San Mateo County and within the jurisdiction of those cities that have chosen to participate in the CCA program; and E. 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 do so. SECTION 2. Authorization to Implement a Community Choice Aggregation Program. Based upon the forgoing, and in order to provide businesses and residents within the City with a choice of power providers and with the benefits described above, the City Council ordains that it shall implement a community choice aggregation program within its jurisdiction by participating as a group with the County of San Mateo and other cities and towns as described above in the Community Choice Aggregation program of the Authority, as generally described in the Joint Powers Agreement. SECTION 3. Severability. In the event any section, clause or provision of this Ordinance shall be determined invalid or unconstitutional, such section, clause or provision shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. It is the intent of the City Council that it would have adopted all other portions of this Ordinance irrespective of any such portion declared to be invalid or unconstitutional. SECTION 4. Environmental Determination. Implementing and participating in a CCA program is not a "project" under CEQA because it does not involve any commitment to a specific project which may result in a potentially significant physical Page 2 of 3 ATfY/ORD.421/PENINSULA CLEAN ENERGY COMMUNITY CHOICE AGGREGATION ORDINANCE Ord.2420 REV:01-28-16 JS FORMERLY MUFF#205