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Page 2 of 8 <br />City of Redwood City 1017 Middlefield Road, Redwood City, CA. 94063 Tel: 650-780-7000 www.redwoodcity.org <br />San Francisco and Certain Suburban Purchasers in San Mateo County, Santa Clara County and Alameda <br />County." <br />In September 2017, the Bay Area Water Supply and Conservation Agency (BAWSCA) and the Water <br />Management Representatives (WMR) of the BAWSCA member agencies began reviewing the issue of <br />Minimum Purchase Requirements, as described in Section 3.07.C of the WSA, and discussing the creation <br />of a process to transfer minimum annual purchase quantities among the Wholesale Customers. <br />Throughout 2017 and 2018, the WMR held multiple meetings during which the agencies currently subject <br />to Minimum Purchase Requirements (Original Minimum Purchase Customers) and the other Wholesale <br />Customers shared their interests and concerns regarding changes to the Minimum Purchase <br />Requirements and allowing transfers of minimum annual purchase quantities. <br />In 2019, Redwood City approved the 2018 Amended and Restated WSA (2018 WSA), at which time the <br />Wholesale Customers expressed a collective interest in working together to develop a process for the <br />expedited and permanent transfer of minimum annual purchase quantities. The Wholesale Customers <br />directed BAWSCA to facilitate negotiation of a new WSA amendment to provide a procedure for expedited <br />and permanent transfers of minimum annual purchase quantities in a manner that safeguards the <br />financial and water supply interests of Wholesale Customers not participating in such transfers. This <br />amendment was memorialized in the 2021 Amended and Restated WSA (2021 WSA). <br />Tier 2 Plan Negotiations and Development of Minimum Purchase Quantity Reset Proposal <br />In November 2021, San Francisco declared a water shortage emergency in response to the Governor’s <br />executive action declaring a drought state of emergency across most of California. This action triggered <br />implementation of the Tier 1 and Tier 2 Plans by BAWSCA and San Francisco for the first time. <br />In January 2022, BAWSCA began facilitating an update to the Tier 2 Plan, the method for allocating water <br />from the RWS among the Wholesale Customers during shortages caused by drought. The Tier 2 Plan is an <br />agreement among the twenty-six Wholesale Customers and must be unanimously adopted by them. Each <br />Wholesale Customer appointed a lead negotiator to represent the interests of its agency in the <br />negotiations. Between January 2022 and June 2024, BAWSCA and the lead negotiators, supported by a <br />consulting firm providing technical and modeling expertise, met at least 62 times, most often for half-day, <br />in-person meetings and smaller virtual sub-group sessions, to negotiate the terms of the updated Tier 2 <br />Plan. <br />Throughout the two and a half years of Tier 2 Plan negotiations, the Wholesale Customers gained insight <br />into unique characteristics of each agency and specific challenges related to water supplies and droughts. <br />During these discussions, Wholesale Customers subject to the Minimum Purchase requirements <br />(Minimum Purchase Customers) articulated the unique challenges that the Minimum Purchase <br />Requirements present. More detailed information about these issues is provided in the Analysis section <br />below. <br />In June 2023, following several years of discussions regarding the Minimum Purchase Requirements, the <br />SFPUC proposed amending the 2021 WSA to reset the existing minimum annual purchase quantities to <br />7.N. - Page 2 of 70 <br />286