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Home My WebLink AboutRESO 9668170131 jb 6053903 January 2017 Update Resolution No. 9668 Resolution of the Council of the City of Palo Alto Approving the City of Palo Alto Utilities Legislative Policy Guidelines R E C I T A L S A. The City of Palo Alto Palo Alto City Council on July 18, 2011, [Staff Report #1880], and amended on August 5, 2013 (Staff Report #3950), provides a set of Strategic Objectives for the City of Palo Alto Utilities Department (CPAU) to follow in ensuring a reliable and safe supply of utility resources, providing customer service excellence, managing costs, and ensuring environmental sustainability. B.cilitate the , and advocates for utilityrelated issues at Federal and State legislative forums in furtherance of those objectives. C. Action on some of these issues may require active involvement of Palo Alto elected and appointed officials. D. January 11, 2017 meeting, and the UAC voted unanimously to recommend that the City Council The Council of the City of Palo Alto hereby RESOLVES as follows: SECTION 1. The Council hereby adopts the resolution approving the Utilities Legislative Policy Guidelines, effective February 13, 2017. All prior versions of the City of Palo Alto Utilities Legislative Policy Guidelines are hereby repealed and replaced in their entirety by the Utilities Legislative Policy Guidelines, attached to this Resolution as Exhibit 1. SECTION 2. Staff will review the Guidelines annually and any proposed changes will be approved by City Council. SECTION 2. The Council finds that the adoption of this resolution is not a project requiring California Environmental Quality Act (CEQA) review, under California Public Resources DocuSign Envelope ID: 1A5D7F31-C290-4192-BAD4-29C0648D1628 170131 jb 6053903 January 2017 Update Code Sec. 21065, 21080(b)(8), and CEQA Guidelines Section 15378(b)(5), because it is an administrative governmental activity which will not cause a direct or indirect physical change in the environment. INTRODUCED AND PASSED: February 13, 2017 AYES: DUBOIS, FILSETH, FINE, HOLMAN, KNISS, KOU, SCHARFF, TANAKA, WOLBACH NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: Senior Deputy City Attorney City Manager Assistant City Manager/Utilities General Manger Director of Administrative Services DocuSign Envelope ID: 1A5D7F31-C290-4192-BAD4-29C0648D1628 Utilities Legislative Policy Guidelines January 2017 Update Page 1 of 16 AAA EXHIBIT A Approved by City Council on January 13, 2017; Resolution No. 9668 Legislative Policy Guidelines Formal advocacy positions taken in alignment with these guidelines will be subject to the approval of the Utilities General Manager or City Manager. ALL UTILITES Goals 1. Preserve/enhance local accountability in the control and oversight of matters impacting utility programs and rates for our customers while balancing statewide climate protection goals. 2. Support efforts to maintain or improve the reliability of the supply, transmission, storage and distribution/collection infrastructures. 3. Support government action that makes bold progress in cost effectively reducing greenhouse gas (GHG) emissions, supporting electrification efforts, and recognizes early voluntary action advancing both. 4. competitivelypriced utility services. Goals Legislative Policy Guidelines Venue 1. Local 2. Reliability & Infrastructure 3. Climate 4. Service & Cost Control 1. Advocate goals through active participation in joint action efforts, including supporting the efforts of common goals through external organizations Federal, State, and Regional 2. Support legislation that results in locally designed, cost effective and efficient solutions to the goal of GHG emissions reductions. Federal, State, and Regional 3. Promote legislation and regulations that have undergone stakeholder review and cost benefit analysis to support effective and consistent reporting requirements, customer communications, and program results Federal, State, and Regional Reliability Councils DocuSign Envelope ID: 1A5D7F31-C290-4192-BAD4-29C0648D1628 Utilities Legislative Policy Guidelines January 2017 Update Page 2 of 16 AAA Goals Legislative Policy Guidelines Venue 1. Local 2. Reliability & Infrastructure 3. Climate 4. Service & Cost Control 4. Oppose unreasonable and inequitable financial burdens and support policy changes that assist customers through active participation in the legislative activities of the Northern California Power Agency (NCPA) and the California Municipal Utilities Association (CMUA). Federal, State, and CPUC 5. Advocate for state and federal grants for local and regional energy efficiency and conservation measures, renewable resources, fiber, fuel switching, wastewater collection systems and recycled water projects. Federal and State 6. Maintain right of way access for utility infrastructure. Federal and State 7. Protect the value of existing assets and contracts and local regulatory approvals of same. Federal and State 8. Support government action allowing CPAU to maintain customer confidentiality. State 9. Maintain existing low cost municipal financing options for infrastructure projects and advocate for new federal and state programs that recognize critical infrastructure needs. Federal and State 10. Promote utility legislation and regulations that support reasonable and consistent notification, compliance, and reporting requirements for operations, services, communications, billing and payments. Federal and State DocuSign Envelope ID: 1A5D7F31-C290-4192-BAD4-29C0648D1628 Utilities Legislative Policy Guidelines January 2017 Update Page 3 of 16 AAA Goals Legislative Policy Guidelines Venue 1. Local 2. Reliability & Infrastructure 3. Climate 4. Service & Cost Control 11. Through Account Representatives, educate key customer accounts about significant policy actions that could affect their business Local 12. Oppose government action that could adversely impact our customers or that include mandates we could not reasonably achieve. Federal and State 10. Support capandtrade market designs that: protect consumers from the exercise of market power; allocate allowances that mitigate impacts to Palo Alto customers while preserving City environmental goals; advocate for an allowance allocation methodology that provides flexibility for Palo Alto to structure rates to align GHG costs and revenues; provide flexible compliance mechanisms such as banking and borrowing of allowances; and allocate funds generated from capandtrade markets to GHG related activities, not as a revenue source for state or federal general funds. State DocuSign Envelope ID: 1A5D7F31-C290-4192-BAD4-29C0648D1628 Utilities Legislative Policy Guidelines January 2017 Update Page 4 of 16 AAA ELECTRIC Goals 1. Preserve/enhance the ability of municipal utilities to exercise local accountability and oversight over matters impacting customer service, programs (such as demand side efficiency and conservation programs), and rate structure. 2. Preserve/enhance the reliability, local oversight, and security of infrastructure. 3. Support legislation that recognizes early voluntary action to combat climate change including initiatives to reduce GHG emissions and specifically exempts a municipality from burdensome requirements in subsequent legislation that could result from the early action. 4. Preserve just and reasonable utility rates/bills established by local governing bodies. Goals Legislative Policy Guidelines Venue 1. Local 2. Reliability 3. GHG 4. Cost Control 1. Advocate goals through NCPA, CMUA, American Public Power Association (APPA), Transmission Agency of Northern California (TANC), and the Bay Area Municipal Transmission Group (BAMx) with support from Palo Alto staff to speak with a coordinated voice. Federal and State 2. Support NCPA in its continued efforts to streamline state regulatory reporting responsibilities, to eliminate duplicative data and report submittals to multiple state regulatory agencies, including the CEC, CARB, and the California Independent System Operator (CAISO). State 3. Advocate for legislation/regulations that provide local accountability and support for: locallydesigned and implemented solar programs and rates development of longterm plans and reasonable and flexible integrated resource planning requirements development of distributed energy resources and plans, and standards and permitting requirements for connecting such resources to the local distribution system; transparent and consistent accounting and reporting of CHG emissions and portfolio content; balancing state and local policy Federal and State DocuSign Envelope ID: 1A5D7F31-C290-4192-BAD4-29C0648D1628 Utilities Legislative Policy Guidelines January 2017 Update Page 5 of 16 AAA Goals Legislative Policy Guidelines Venue 1. Local 2. Reliability 3. GHG 4. Cost Control implementation and ratepayer equity; equitable rate design and tariffs; costeffective electric efficiency and demandside management programs; implementation of renewable portfolio standards in a reasonable manner; costeffective and locally beneficial storage; direct access; advanced meters and smart grid design and implementation; use of public benefit funds (as allowed in AB 1890 (1996); and Electrification, including electric vehicle infrastructure 4. Support legislation for renewable portfolio standards that: maintain local compliance authority; avoid mandates for technology or source specific carve outs; allow utilities to pursue the most cost effective resources available to meet portfolio needs including use of Renewable Energy Certificates (RECs); ensure fair application of RPS standards, avoiding punitive and/or duplicative non compliance penalties; restrict extension of CEC jurisdiction and attempts of the CPUC to claim jurisdiction or obtain de facto jurisdiction over Publicly Owned Utilities; allow local distributed generation to count in full towards RPS; and prioritize the use of the existing transmission system over building new transmission. Local and State 5. Support/encourage transmission, generation, and demandreduction projects and solutions including advocating for financing or funding solutions/options for projects that: enhance/ensure reliability; ensure equitable cost allocation following beneficiary pays principles (including protection against imposition of state Local, State, and Federal DocuSign Envelope ID: 1A5D7F31-C290-4192-BAD4-29C0648D1628 Utilities Legislative Policy Guidelines January 2017 Update Page 6 of 16 AAA Goals Legislative Policy Guidelines Venue 1. Local 2. Reliability 3. GHG 4. Cost Control owned electric contract costs on municipal utility customers); improve procurement flexibility (e.g. resource adequacy rules that ensure reliability and provide flexibility in meeting operational requirements or flexibility in meeting State renewable portfolio standards); support the continuation of federal and state financial incentives that promote increased renewable development; improve market transparency (particularly transparency of transmission and procurement planning and implementation); and reduce the environmental impact on the Bay Area and the Peninsula. 6. Advocate for actions on matters impacting the Western Area Power Administration (Western) such as: support Congressional hearings to explore modernizing regulation and generation strategies at Central Valley Project (CVP) plants to enhance generation, water delivery, flood control and fisheries; protection of the status of Western Power Marketing Administration and costbased rates; provisions for preference first take at land available with economic potential for wind farms; balancing efforts for competing environmental improvements in rivers and Delta conditions with water supply and hydropower impacts without compromising the primary mission of Western and recognizing the achievements already made in California without adding duplicate costly efforts; monitoring and evaluating impacts of Delta conveyance proposals on Western Base Resource allocation; and advocating for an equitable distribution of costs between water and power customers of the Central Valley Project. Federal, State and Regional DocuSign Envelope ID: 1A5D7F31-C290-4192-BAD4-29C0648D1628 Utilities Legislative Policy Guidelines January 2017 Update Page 7 of 16 AAA Goals Legislative Policy Guidelines Venue 1. Local 2. Reliability 3. GHG 4. Cost Control 7. Advocate for actions on matters relating to overly burdensome reporting and compliance requirements established by the North American Reliability Corporation (NERC), the Federal Energy Regulatory Commission (FERC) or the Western Electricity Coordinating Council (WECC). Federal, State and Regional 8. Support fair and reasonable application of grid reliability requirements established by NERC, WECC, or FERC and seek appropriate remedies (if needed) for punitive application of fees and fines. Federal and Regional 9. Work with CAISO and/or FERC: to give buyers of renewable intermittent resources relief from imbalance penalties; to promote financial and operational changes that result in timely and accurate settlement and billing; and to provide critical input on the need for various transmission projects in light of the escalating costs to the City to import power using the bulk transmission system. Federal and State 10. Monitor cyber security issues to ensure that CPAU, which currently does not have critical cyber assets, retains local control over its cyber security needs while remaining exempt from NERC cyber security standards. Support NCPA to protect it and its member agencies from unnecessary cyber security regulations. Federal and Regional DocuSign Envelope ID: 1A5D7F31-C290-4192-BAD4-29C0648D1628 Utilities Legislative Policy Guidelines January 2017 Update Page 8 of 16 AAA FIBER OPTIC Goals 1. Preserve and enhance the authority of local government to (1) develop broadband solutions that align with community needs and (2) expand consumer choice for competitive Internet connectivity and other advanced services delivered over fiberoptic networks. 2. Encourage the competitive delivery of broadband services by permitting the use of public rightsof way and Utilities infrastructure in a responsible manner, provided that local rights of way authority and management is preserved and the use does not compromise the existing utility safety and services obligations. 3. Support local government authority over zoningrelated land use for communications infrastructure in accordance with reasonable and nondiscriminatory regulations. 4. Support the Technology and the Connected City initiative to fully leverage the fiber optic asset to provide ubiquitous and reliable ultrahighspeed broadband connectivity Goals Legislative Policy Guidelines Venue 1. Support Municipal Delivery 2. Competitive Delivery 3. Local Authority over Land Use 4. Support Council Initiatives 1. Advocate for these goals through the APPA, CMUA, National Association of Telecommunications Officers and Advisors (NATOA), National League of Cities (NLC), and the Next Century Cities initiative (NCC), with support from City staff. Federal and State 2. Support legislation and regulations that preserve and enhance municipal delivery of conventional and advanced telecommunication services as prescribed by the Telecommunications Act of 1996. Federal and State 3. Support the goals of the Federal Communications Commission s (FCC), National Broadband Plan to improve Internet access nationwide. Federal and State 4. Oppose legislation and regulations that benefit the incumbent cable TV and telephone companies at the expense of communityowned fiberoptic and wireless networks. Federal and State 5. Support legislation and regulations that preserve and enhance consumer protections related to the incumbent providers of telecommunication Federal and State DocuSign Envelope ID: 1A5D7F31-C290-4192-BAD4-29C0648D1628 Utilities Legislative Policy Guidelines January 2017 Update Page 9 of 16 AAA Goals Legislative Policy Guidelines Venue 1. Support Municipal Delivery 2. Competitive Delivery 3. Local Authority over Land Use 4. Support Council Initiatives services. 6. Support legislation and regulations that: Permit the use of public rightof way and Utilities infrastructure Preserve local rightsofway authority and management; Preserve local government zoning and siting authority for wireless and wireline communication facilities; Oppose legislation and regulations that reduce compensation received by local governments for the use of the public rightsofway and other public properties that support communication infrastructure Federal, State and Local DocuSign Envelope ID: 1A5D7F31-C290-4192-BAD4-29C0648D1628 Utilities Legislative Policy Guidelines January 2017 Update Page 10 of 16 AAA NATURAL GAS Goals 1. Preserve/enhance the ability of municipal utilities to develop their own demand side efficiency and conservation programs, alternative gas supplies, and rate structure. 2. Increase the security and reliability of the gas supply and transmission infrastructure. This includes retaining access to intra and interstate gas transmission systems to reliably serve customers. 3. Support efforts to reduce greenhouse gas emissions and protect the environment. 4. Preserve just and reasonable utility rates/bills established by local governing bodies. Goals Legislative Policy Guidelines Venue 1. Local 2. Reliability of Infrastructure 3. Environ ment 4. Cost Control 1. Leverage the American Public Gas Association (APGA) to assist in natural gas goals . Primarily Federal with minor advocacy at State level 2. Work with NCPA and CMUA to the extent that the goals as a gas distributor align with use of natural gas. Federal and State 3. Support cost effective renewable gas supplies from in or out of state sources. Advocate for locally reasonable mandated renewable portfolio standards. Federal and State 4. Advocate for financing or funding for costeffective natural gas efficiency and solar water heating end uses. Federal and State 5. Support market transparency and efforts to eliminate market manipulation through reasonable oversight. Federal 6. Support municipal ability to enter into prepay transactions for gas supplies. Federal 7. Support efforts to improve pipeline safety. Federal and State 8. Work with partners to discourage extension of CPUC regulatory authority over municipal gas operations. State DocuSign Envelope ID: 1A5D7F31-C290-4192-BAD4-29C0648D1628 Utilities Legislative Policy Guidelines January 2017 Update Page 11 of 16 AAA Goals Legislative Policy Guidelines Venue 1. Local 2. Reliability of Infrastructure 3. Environ ment 4. Cost Control 9. Oppose legislative proposals resulting in unreasonable costs for Palo customers. Federal and State 10. Support legislation that aims to protect public health and encourages transparency regarding hydraulic fracturing or for natural gas development, while opposing blanket moratoriums that supported by science. Federal and State DocuSign Envelope ID: 1A5D7F31-C290-4192-BAD4-29C0648D1628 Utilities Legislative Policy Guidelines January 2017 Update Page 12 of 16 AAA WASTEWATER COLLECTION Goals 1. Support ability of municipal utilities to develop and manage their own conservation and efficiency programs and retain authority over ratemaking, including the imposition of nonvolumetric customer meter or infrastructure charges for wastewater collection service. 2. Encourage efforts to increase the reliability of the local wastewater collection systems. 3. Maintain the provision of reliable and sustainable wastewater collection service at a fair price. 4. Support equal comparisons of wastewater collection systems by regulatory agencies in order to minimize and reduce onerous, costly, timeintensive reporting requirements and improve value and accuracy of information reported to the public. Goals Legislative Policy Guidelines Venue 1. Local 2. Reliable Infrastructure 3. Maintain service 4. Valuable reporting 1. Advocate goals through active participation in the Association of Bay Area Governments (ABAG), and CMUA. Local, Regional & State 2. Support regulations of wastewater collection systems that recognize: local proactive efforts to replace and maintain wastewater collections systems; the need to provide affordable and cost based collection service; and the unique characteristics of each collection system. Local, Regional & State 3. Support provision of sufficient resources for regional agencies to enable them to advocate for: environmentally sustainable, reliable wastewater collection service at a fair price; and regional comparisons of wastewater collection projects for future state grant funding. Local and Regional 4. Support infrastructure security and reliability including equitable allocation of funds for increasing the security of infrastructure. Regional, and State DocuSign Envelope ID: 1A5D7F31-C290-4192-BAD4-29C0648D1628 Utilities Legislative Policy Guidelines January 2017 Update Page 13 of 16 AAA Goals Legislative Policy Guidelines Venue 1. Local 2. Reliable Infrastructure 3. Maintain service 4. Valuable reporting 5. Advocate for funding and local regulations for wastewater collections system projects and requirements that reduce overflows and improve collection system efficiency. Regional, State and Federal DocuSign Envelope ID: 1A5D7F31-C290-4192-BAD4-29C0648D1628 Utilities Legislative Policy Guidelines January 2017 Update Page 14 of 16 AAA WATER Goals 1. Support ability of municipal utilities to develop and manage their own conservation and efficiency programs and retain authority over ratemaking, including the ability to optimize volumetric and fixed charges to balance the goals of revenue certainty and water use efficiency. 2. Increase the security and reliability of the regional water system owned and operated by the San Francisco Public Utilities Commission (SFPUC). 3. Support efficiency and recycled water programs in order to minimize the use of imported supplies. 4. Maintain the provision of an environmentally sustainable, reliable supply of high quality water at a fair price. Goals Legislative Policy Guidelines Venue 1. Local Authority 2. Reliable Infrastructure 3. Minimize imports 4. Supplies at fair cost 1. Advocate goals through active participation in the Bay Area Water Supply and Conservation Agency (BAWSCA) and CMUA, with support from Palo Alto staff for BAWSCA Local, Regional and State 2. Advocate to ensure that legislative actions regarding the Hetch Hetchy Regional Water System include: timely rebuilding of the regional water system; ensurance that the SFPUC is adequately assessing and mitigating risks of infrastructure failure; maintenance of the quality of delivered water; minimization of any increase in the cost of water; no additional exposure to more frequent or severe water shortages; support for the existing water system and its operation. Local, Regional and State Advocate for interpretations or implementation of Water Code provisions that maintain or reinforce the authorities and protections available to the City and BAWSCA members outside of San Francisco. Local, Regional and State DocuSign Envelope ID: 1A5D7F31-C290-4192-BAD4-29C0648D1628 Utilities Legislative Policy Guidelines January 2017 Update Page 15 of 16 AAA Goals Legislative Policy Guidelines Venue 1. Local Authority 2. Reliable Infrastructure 3. Minimize imports 4. Supplies at fair cost 5. Support BAWSCA in efforts to achieve: an environmentally sustainable, reliable supply of high quality water at a fair price; a SFPUC rate structure that is consistent with the Water Supply Agreement and is based on water usage; a contract amendment to modify the drought time water allocation between the SFPUC and the BAWSCA agencies; preservation of Palo existing contractual water allocation and transportation rights on the SFPUC Hetch Hetchy system; and regional planning for conservation, recycled water, and other water supply projects. Local and Regional 6. Advocate for actions that: preserve Palo existing contractual rights; preserve local control over water use; and limit encroachment from outside jurisdictions. Local and Regional 7. Support infrastructure security and reliability including an interconnection between the SCVWD West Pipeline with the Bay Division Pipelines 3 and 4. Regional and State 8. Support notification requirements that inform residents/customers but do not inflict undue or unobtainable requirements on the utility. State 9. Support local control of public benefit funding levels and program design. State 10. Support beneficiary pays methodologies to prevent taxes or fees imposed on SFPUC customers to fund infrastructure improvements and costs of water sources that do not serve Palo Alto customers. State and Regional DocuSign Envelope ID: 1A5D7F31-C290-4192-BAD4-29C0648D1628 Utilities Legislative Policy Guidelines January 2017 Update Page 16 of 16 AAA Goals Legislative Policy Guidelines Venue 1. Local Authority 2. Reliable Infrastructure 3. Minimize imports 4. Supplies at fair cost 11. Advocate for financing, funding, and, where applicable, tax exemption, for water conservation programs, water rebate programs, and recycled water projects that meet enduse needs and conserve potable water; oppose legislation that would reduce such funding. State, Regional and Federal 12. Support legislation that promotes responsible groundwater management. State 13. Support Proposition 218 reform efforts to provide ratemaking flexibility to balance conservation, revenue sustainability, and low income programs. State 14. Advocate for water conservation policies (both drought response and long term) that achieve water sustainability while minimizing customer and commercial impact, protecting the City s urban canopy and minimizing the City s enforcement costs. Local and State 15. Protect SFPUC s water rights. Local and State 16. Support legislation that would protect the City s infrastructure and treatment investments from future statewide cuts in water use. State 17. 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