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November 7, 2016 <br />Agreement <br />-1- <br /> <br />EAST BAY COMMUNITY ENERGY AUTHORITY <br />JOINT POWERS AGREEMENT <br />This Joint Powers Agreement (“Agreement”), effective as of _________, is made and <br />entered into pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Section 6500 <br />et seq.) of the California Government Code relating to the joint exercise of powers among the <br />parties set forth in Exhibit A (“Parties”). The term “Parties” shall also include an incorporated <br />municipality or county added to this Agreement in accordance with Section 3.1. <br />RECITALS <br />1. The Parties are either incorporated municipalities or counties sharing various powers <br />under California law, including but not limited to the power to purchase, supply, and <br />aggregate electricity for themselves and their inhabitants. <br />2. In 2006, the State Legislature adopted AB 32, the Global Warming Solutions Act, which <br />mandates a reduction in greenhouse gas emissions in 2020 to 1990 levels. The California <br />Air Resources Board is promulgating regulations to implement AB 32 which will require <br />local government to develop programs to reduce greenhouse gas emissions. <br />3. The purposes for the Initial Participants (as such term is defined in Section 1.1.16 below) <br />entering into this Agreement include securing electrical energy supply for customers in <br />participating jurisdictions, addressing climate change by reducing energy related <br />greenhouse gas emissions, promoting electrical rate price stability, and fostering local <br />economic benefits such as jobs creation, community energy programs and local power <br />development. It is the intent of this Agreement to promote the development and use of a <br />wide range of renewable energy sources and energy efficiency programs, including but <br />not limited to State, regional and local solar and wind energy production. <br />4. The Parties desire to establish a separate public agency, known as the East Bay <br />Community Energy Authority (“Authority”), under the provisions of the Joint Exercise of <br />Powers Act of the State of California (Government Code Section 6500 et seq.) (“Act”) in <br />order to collectively study, promote, develop, conduct, operate, and manage energy <br />programs. <br />5. The Initial Participants have each adopted an ordinance electing to implement through the <br />Authority a Community Choice Aggregation program pursuant to California Public <br />Utilities Code Section 366.2 (“CCA Program”). The first priority of the Authority will be <br />the consideration of those actions necessary to implement the CCA Program. <br />6. By establishing the Authority, the Parties seek to: <br />(a) Provide electricity rates that are lower or competitive with those offered by PG&E for <br />similar products;