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SR-11-13-1979-11CSanta Monica, California, November 5, 1y9�79 i I TO: Mayor and City Council FROM: City Staff SUBJECT: A Recommendation to Approve a Joint Powers Agreement for a California Solar Utility Development Authority NOV Introduction This report provides information regarding a proposed Joint Powers Agreement for a California Solar Utility Development Authority, and recommends that the Council approve the agreement. Background The California Energy Commission has received a grant from the Federal Department of Energy for providing assistance for the establishment of Municipal Solar Utilities. A Municipal Solar Utility is described in the attachment. The City of Santa Monica has the opportunity to be one of six cities to participate in the feasibility study for such an enterprise. The City staff, as a move toward partial fulfillment of its conservation goals in the budget, sought this opportunity with the California Energy Commission. The staff believes this'is an opportunity to take an active rather than a passive role in developing alternative energy sources. The Joint Powers Agreement is between the Cities of Ukiah, Palo Alto, Bakersfield, San Dimas, Oceanside, and Santa Monica. The Agreement is designed to provide an instrument and a method of fulfilling the requirements of the grant contract ffl'� MOv , '3 1979 Mayor and City Council -2- November 5, 1979 Background (cont) between the California Energy Commission and the various cities mentioned. The purpose of the Joint Powers Agreement is to enable the six Cities to pool the grant resources and to jointly contract with a consultant to study the economic feasibility, legal and marketing aspects of developing a municipal solar utility.` The City Attorney's staff has reviewed the Joint Powers Agreement and has approved it. The Agreement provides that the Authority shall have the power to "acquire such information as may be necessary and required for the installation of solar utility facilities" and to contract for services for development of solar utility implementation plans. The Authority will have no power to bind any of the cities to any monetary obligation whatsoever other than that expressly authorized by the mutual consent of all member cities. Santa Monica will consider the possible development of a solar utility which will be specifically addressed to multi - family residential housing. Recommendation It is recommended that the City Council approve the Joint Powers Agreement and authorize the Mayor to sign the Agreement. It is also recommended that the City Council designate Charles K. McClain as Director and Stanley E. Scholl as Alternate Director of the California Solar Utility Development Authority. Prepared by: Stan Scholl Attachment: Joint Powers Agreement California Energy Commission Solar Office MUNICIPAL SOLAR UTILITIES October 1979 Principal among California's energy goals is the maximum feasible implementation of solar energy in the state by 1990. Yet, several major barriers must be overcome before the rapid commercialization of solar technologies can be realized. Two of the most significant barriers are: (1) the high initial costs of solar technologies relative to conventional energy forms, and (2) the inadequate protection of the public from the risks associated with establishment of a new solar industry. Of the mechanisms proposed to overcome these obstacles, the Municipal Solar Utility (MSU) concept is among the most promising, particularly as it relates to the residential retrofit market. Until recently, MSUs have been confined conceptually to the Santa Clara model. Originally, the City of Santa Clara, as described on page 2.2- 2 of the Solar Handbook for Local Government Officials, introduced the concept of MSUs through its solar pool heating leasing program. Beginning in 1976, Santa Clara addressed the above barriers by reducing the first costs of system purchase to the level of installation costs alone, by spreading the purchase costs over system lifetimes on customers' monthly water utility bills, and by insuring system reliability through a program of continued maintenance of the solar systems after installation. However, there are some limitations to the program. Neither the city of Santa Clara nor its customers have been able to utilize the State's 55% tax credit. Moreover, the city retains ownership of the system; therefore, added value is not conferred to the customer's property. Recent legislation (SB 995 - Alquist, 1979), just signed by the Governor, will enable customers of the municipal solar utility who partially lease and partially own solar systems, to receive the tax credit on the owned part, of the system. The Department of Energy has recently awarded grants to the California Energy Commission and the City of Los Angeles to develop and implement broader mechanisms by which the above barriers may be overcome. The Energy Commission will provide its share of the federal monies, supplemented by State funds, to six other California cities to develop MSUs: Bakersfield, Oceanside, Palo Alto, San Dimas, Santa Monica and Ukiah. Together, the seven case studies will provide a range of alternatives that local jurisdictions can use as models for their own solar utility programs. Broadly defined, the municipal solar utility is a chartered organization which performs one or more "services" to the community. The services may include the billing, owning, installation and maintenance of solar systems, job training, consumer protection, system financing, and electricity generation. How these services are delivered depends on the purposes for which a local jurisdiction establishes an MSU. For instance, MSUs may vary by jurisdiction in terms of markets served, services provided, financing and /or ownership arrangements, system costs, and the form of utility management. Ideally, a municipal solar utility is one means by which a community can begin to develop a total energy package for its citizens. The flexibility gained from a broadened definition of municipal solar utility is reflected in the wide range of options from which a jurisdiction may select, and the purposes the utility can serve. Practically, MSU's provide an important mechanism by which municipalities may retrofit their existing housing stock without relying on mandating ordinances to do so. Municipal Solar Utility Models At least five conceptual models of municipal solar utilities are briefly presented here. As each of the seven cities involved begin to develop their implementation plans these ideas will be formed into more concrete models of solar utilities. "Traditional" Utility Models - such models have already been put into practice by existing utilities. Options may include: installation and leaseback of solar systems, weatherization programs, construction of centralized generation facilities utilizing photovoltaics, wind, solar - thermal electric, or other renewable energy sources, distribution of solar information, or offering of low- interest loans for solar installations. Community Development Corporation /Redevelopment Agency Model - such mo e�are aimed at closer ties between user groups and the municipalities. Directions and money would come from jurisdiction policy makers whereas implementation would reside in an independent community based agency. Options may include: community development corporations that utilize solar system installation to provide job training and upgraded housing, redevelopment agencies that incorporate solar into redeveloped areas, self -help training programs that allow neighborhood groups to build their own solar installations and joint partnerships between municipalities and private investors. Private Firm /Public Bank Model may range from the initial funding of private firms to offers of expertise or the firm's business start -up plans. Financing of solar installations through local banks or utilities would be possible as well. Emphasis in these models is on the jurisdiction's leverage of private capital to promote solar rather than the direct installation of solar systems themselves. Options may include the use of loan guarantees, consumer protection and education programs, provision of community - generated fuels for transportation, and brokerage of power. Free Market - Governmental Regulation Model - would use a variety of incentives and disincentives to attract private consumers to solar installations. Options may include tax incentives, mass purchasing, joint power authorities, land -use and development policies and transportation and circulation alternatives. The emphasis here is on the private sector, but the market is manipulated through a package of regulations and benefits for each of the target sectors. Strict Public Function Model - where the utility is set -up solely to operate the local jurisdiction's governmental operations (for instance buildings, product purchasing, training of staff). This results in the reduction of costs of municipal operations. Options may include the use of solar on municipal facilities, provision of fuels such as gasohol, methane, or hydrogen for municipal vehicles, and provision of street lighting with photovoltaic collectors and storage batteries. Municipal Solar Utility Case Studies The six cities working with the CEC to develop MSU concepts will complete their implementation plans 10 to 12 months after the State's program begins in early November. The City of Los Angeles' programs should be completed some six months after this time. It should be recognized that none of the approaches described below may be adopted, but these approaches are simply the current thinking of these communities. Distribution of the city's workplans will be state -and nationwide at the time of their completion. Some 10 -15 new jurisdictions will be selected for participation in the second phase of the State's solar utility program. City of Bakersfield - will utilize the community's existing redevelopment authority and will explore se- f help" options. City of Los Angeles - will explore a non - profit corporation loosely connected to the city, and fika—ncing packages that would rely on private equity financing utilizing existing tax advantages rather than profit on capital investments. City of Oceanside - will focus on the governmental sector in addition to a residential program similar to Santa Clara's model. City of Palo Alto - will consider an MSU along the lines of a "brokering" model. ervtees brokered may include the provision of money, staff expertise, time, information, housing and education for the residential as well as commercial and industrial sectors. City of San Dimas - will explore the use of a joint powers authority with neighboring communities as at least one possible option for a solar utility. City of Santa Monica - will focus a solar utility on its high level (80%) of multi - family > sing, and will look at a community development corporation or other similar organizational format. City of Ukiah - will integrate its plans for conservation and other alternative energy programs, being contemplated in conjunction with the Northern California Power Authority and funded by the Energy Commission, into its municipal solar utility concept. The six participants in the Energy Commission's programs will develop their solar utility concept in accordance with each city's needs. Consultants from within and without the Commission will assist the cities through the implementation plan development stage. Similar to the Los Angeles plan, the six cities will develop their own plans which, at the time of their adoption, will be sufficiently complete to begin implementation. To facilitate the interaction among the Commission cities, the consultants and the State, a joint powers authority specifically aimed towards the development of the implementation plans is currently being considered, although as yet not approved by all the participating jurisdictions. Conceptual models are not sufficient to answer questions about the daily operation of a municipal solar utility, whatever format it might take. Case studies, however, will answer questions about financing options, community impacts, legal barriers, product reliability, marketing, and organizational structure of municipal solar utilities. Answers to these types of questions will be the tasks of the consultants to both the Energy Commission and the City of Los Angeles. Yet, perhaps the most important question is why local governments and local utilities should be involved at all. The answer lies in the potential benefits from municipal solar utilities, among which are: the possibility of low cost, tax exempt financing; increased access to the private solar market by low and moderate income groups; provision of local jobs and /or job training; reductions in the costs of public services; increased consumer confidence in solar; and the ability on the part of the municipality to have more energy independence and better serve the community's energy needs. Agenda Item 11 -C: Presented at this time was a recommendation for approval of joint powers agreement for the establishment of Municipal Solar Utilities. Councilmember Reed moved the approval of the recommen- dation, i.e. approve t e joint powers agreement by award oE'Con£ract No. 3416(CCS.)?and authorization for the Mayor to sign the agreement with- Councilmember Rhoden appointed as Director and the City 'Manager to appoint a City staff member, as alternate Director. Second by Councilmember Rhoden. -Counc -il Vote :-- una-nimously- approved_6. -0 .absent: Councilmember van den Steenhoven CITY COUNCIL MEETING - NOVEMBER 13, 1979