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HomeMy WebLinkAboutCC Reso No 2017-112 JPA Esablishing SW Riverside County Energy AuthorityRESOLUTION NO. 2017 -112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A JOINT POWERS AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND THE CITY OF TEMECULA FOR THE ESTABLISHMENT OF THE SOUTHWEST RIVERSIDE COUNTY ENERGY AUTHORITY (SRCEA) Whereas, the Local Government Renewable Energy Self- Generation Program, Public Utilities Code Section 2830, requires that the investor -owned utilities like Southern California Edison (SCE) offer a tariff commonly referred to as the Renewable Energy Self- Generation Bill Credit Transfer Program or RES -BCT tariff that allows Local Governments to generate energy from an Eligible Renewable Generating Facility for their own use as a Generating Account, export energy not consumed at the time of generation by the Generating Account onto SCE's grid, and have a bill credit applied to designated Benefiting Accounts for the energy exported onto SCE's grid (as such terms are defined therein); and, Whereas, Assembly Bill 1773, signed into law on September 26, 2016, amended Public Utilities Code Section 2830 to expand the definition of an eligible Local Government to include certain joint powers authorities, and to provide the eligibility requirements for Benefiting Accounts of such authorities. Specifically, the definition of Local Government was revised in Section 2830(a)(6) to include a joint powers authority formed pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code) that has as members public agencies located within the same county and same electrical corporation service territory, ...; and, Whereas, Assembly Bill 1773 further added a new subsection (b) to Section 2830(a)(1) to provide the eligibility requirements for Benefiting Accounts of joint powers authorities as follows: "The account or accounts belong to members of a joint powers authority and are located within the geographical boundaries of the group of public agencies that formed the joint powers authority, if the eligible renewable generating facility and electricity account or accounts are wholly located within the confines of a single county within which the joint powers authority is located and electric service is provided by a single electrical corporation, with the account or accounts being mutually agreed upon by the joint powers authority and the electrical corporation ", Whereas, the City of Lake Elsinore and the City of Temecula are located entirely within Riverside County and are exclusively within the service territory of SCE; and, Whereas, the City of Lake Elsinore desires to participate in the Local Government Renewable Self- Generation Program pursuant to Public Utilities Code Section 2830 as a member of a joint powers authority that is comprised of members that are public agencies and are authorized and empowered to contract with all the other members for the joint exercise of powers under Articles I and II, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the California Government Code Act. CC Reso. No. 2017 -112 Page 2 of 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY FIND, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City of Lake Elsinore hereby approves the Joint Powers Agreement of the Southwest Riverside County Energy Authority, on file as a public record in the Office of the City Clerk, and the establishment of the Southwest Riverside County Energy Authority ( SRCEA). Section 2. The City Council of the City of Lake Elsinore shall appoint two of its members to serve on the Board of Directors for the SRCEA and shall annually confirm such appointments. Section 3. The City Manager of the City of Lake Elsinore (or his /her designee provided that such designee is the Assistant City Manager or a Department Director) is hereby appointed as the City of Lake Elsinore's alternate to the Board of Directors for the SRCEA. Section 4. This Resolution shall take effect from immediately upon its adoption. Passed and Adopted on this 10th day of October 201 Robert E. Mayor At sty Susan M. Domen, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2017 -112 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of October 10, 2017, and that the same was adopted by the following vote: AYES: Council Members Hickman, Manos and Tisdale; Mayor Pro Tern Johnson and Mayor Magee NOES: None ABSENT: None - - ABSTAIN: None Susan M. Domen, MMC City Clerk