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2/22/2016 <br /> C. The City Council has directed staff to bring for its approval a Joint <br /> Exercise of Powers Agreement (the "Joint Powers Agreement") creating <br /> the Peninsula Clean Energy Authority (the "Authority"). Under the Joint <br /> Powers Agreement, cities and towns within San Mateo County may <br /> participate in the Peninsula Clean Energy CCA program by adopting the <br /> resolution and ordinance required by Public Utilities Code section 366.2. <br /> Cities and towns choosing to participate in the CCA program will have <br /> membership on the Board of Directors of the Authority as provided in the <br /> Joint Powers Agreement; and <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 <br /> are competitive with those of the incumbent utility ("PG&E"). Once the <br /> California Public Utilities Commission approves the implementation plan <br /> created by the Authority, the Authority will provide service to customers <br /> within the unincorporated area of San Mateo County and within the <br /> jurisdiction of those cities that have chosen to participate in the CCA <br /> program; and <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 /> 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 <br /> program within its jurisdiction by participating as a group with the County of San Mateo <br /> and other cities and towns as described above in the Community Choice Aggregation <br /> program of the Authority, as generally described in the Joint Powers Agreement. <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 <br /> remain in full force and effect. It is the intent of the City Council that it would have <br /> adopted all other portions of this Ordinance irrespective of any such portion declared to <br /> be invalid or unconstitutional. <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 <br /> commitment to a specific project which may result in a potentially significant physical <br /> Page 2 of 3 <br /> ATfY/ORD.421/PENINSULA CLEAN ENERGY COMMUNITY CHOICE AGGREGATION ORDINANCE Ord.2420 <br /> REV:01-28-16 JS FORMERLY MUFF#205 <br />