File #: 24-0206    Version: 1
Type: Agenda Item Status: Approved
File created: 1/22/2024 In control: Board of Supervisors
On agenda: 2/6/2024 Final action: 2/6/2024
Title: Chief Administrative Office recommending the Board adopt and authorize the Chair to sign Resolution 025-2024 approving the Second Amended and Restated Joint Powers Agreement for Pioneer Community Energy, contingent on County Counsel approval. FUNDING: N/A
Attachments: 1. A - Resolution - Pioneer Energy 2nd Amended and Restated Agreement, 2. B - Exhibit A Second Amended and Restated JPA Agreement, 3. C - Second Amended and Restated JPA Agreement REDLINE, 4. D - Pioneer Staff Report, 5. Executed Resolution 025-2024
Related files: 20-1485, 22-1892, 20-1198, 24-1583
Title
Chief Administrative Office recommending the Board adopt and authorize the Chair to sign Resolution 025-2024 approving the Second Amended and Restated Joint Powers Agreement for Pioneer Community Energy, contingent on County Counsel approval.

FUNDING: N/A
Body
DISCUSSION / BACKGROUND
Pioneer Community Energy (“Pioneer”) is a Joint Powers Authority formed between the Counties of Placer and El Dorado, the Town of Loomis, and the Cities of Auburn, Colfax, Grass Valley, Lincoln, Nevada City, Placerville, and Rocklin. Pioneer is a Community Choice Aggregation Program (CCA) authorized under Assembly Bill 117 (2002). The CCA provides local control over the electricity supply with a primary goal of providing stable and competitive electricity rates to the residents and businesses within its member jurisdictions. Pioneer purchases the electricity supply and PG&E transmits and delivers the power through PG&E’s infrastructure (poles and wires). PG&E continues to own, operate, and maintain its distribution infrastructure. PG&E also continues to provide meter reading and billing services for Pioneer’s customers.

On December 19, 2023, the County of El Dorado received notice from Pioneer of a proposed vote to adopt a Second Amended and Restated Joint Powers Agreement (JPA). The majority of the proposed amendments to the JPA would clarify language and correct clerical errors. The primary substantive change would be to amend Section 19, Amendments, to streamline adoption of amendments to the JPA that do not directly impact the member agencies or change the nature of Pioneer or its powers.

Currently, notice of a proposed amendment must be sent to each member agency 30 days in advance of the Pioneer Governing Board’s consideration of the amendment. A two-thirds majority of the Board is required to approve an amendment. Further, the amendment must be approved by separate resolution of each of the member agencies, and finally, notice must be provided to members after the a...

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