HomeMy WebLinkAboutStaff Report 3714
City of Palo Alto (ID # 3714)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 5/6/2013
City of Palo Alto Page 1
Summary Title: City Manager Authorization to Report Greenhouse Gases
Title: Adoption of a Resolution Confirming that the City Manager is
Authorized to Report Greenhouse Gases Generated in Municipal and Utility
Operations to Federal and State Agencies and to Participate in Cap and Trade
Programs
From: City Manager
Lead Department: Utilities
Recommendation
Staff recommends that Council approve the attached resolution confirming that the City
Manager is authorized as required by state and federal regulations to report greenhouse gases
generated in municipal and utility operations to Federal and State agencies and to participate in
cap-and-trade programs.
Executive Summary
The City of Palo Alto currently reports greenhouse gas (GHG) emissions from various municipal
and utility operations to the Federal Environmental Protection Agency (EPA) and the California
Air Resources Board (CARB), and also participates in the CARB’s GHG cap-and-trade program.
Both agencies require that staff members reporting such data or participating in the cap and
trade program be explicitly authorized to report the data. The City Manager and Utility Director
are authorized by the Municipal Code to generate reports to Federal and State agencies, but
since the relevant code section does not specifically mention the EPA and CARB regulations, this
resolution will ensure that there is no question of staff’s authorization to perform the duties
required under these regulations.
Background
The EPA and CARB both require the City to report GHG emissions from the activities of its
natural gas utility, electric utility, and landfill. The CARB uses the natural gas and electric utility
reports to establish the City’s compliance requirement under the GHG cap-and-trade program.
The City’s electric utility is allocated GHG emission allowances, which it is required to sell in the
CARB auctions. Staff expects the CARB to establish the parameters for the City’s gas utility to
participate in the cap-and-trade program by 2015.
City of Palo Alto Page 2
Discussion
The Palo Alto Municipal Code (PAMC) Section 2.08.200(a)(4) states that one of the duties of the
Director of Utilities is “to generate appropriate reports as may be required by county, state and
federal agencies or by law.” Staff members reporting GHG emissions to the EPA or the CARB
are required to certify the following:
That they were selected to do such reporting by an agreement binding on the agency;
and
That they are authorized to perform such reporting duties, and that their actions in that
capacity will be binding on the agency.
By approving this resolution, the Council will confirm that the City Charter and the PAMC serves
as that binding agreement and will confirm the authorization to perform the required duties.
Staff members auctioning allowances under CARB’s cap-and-trade program are required to
make similar representations, and the attached resolution will confirm that they have the
required authorization to do so if the City Manager delegates that authority to them. The
resolution confirms the City Manager’s authority to make other reports or engage in other cap
and trade activities under any future regulations. Staff is not aware of any such programs
currently under development, but in the event one is developed, the City Manager will have
proper authorization to report or act under those programs.
Resource Impact
Adoption of the resolution does not impact Utilities operating expenses.
Policy Implications
Adoption of the resolution does not change City policy. It ensures that the City can conduct
business activities required by State and Federal law.
Environmental Review
Adoption of the proposed resolution does not constitute a project for the purposes of the
California Environmental Quality Act.
Attachments:
Attachment A: Resolution Authorizing the City Manager to Report Greenhouse Gases to
State and Federal Agencies and to Participate in Cap and Trade Programs (PDF)
*NOT YET APPROVED*
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Resolution____
Resolution of the Council of the City of Palo Alto Confirming that the
City Manager is Authorized to Report Greenhouse Gases Generated
in Municipal and Utility Operations to Federal and State Agencies
and to Participate in Cap and Trade Programs
R E C I T A L S
A. The City of Palo Alto’s municipal and utility operations generate
greenhouse gases in varying amounts. Some of these operations, such as the electric utility,
gas utility, and landfill, are currently subject to Federal regulations mandating reporting of
greenhouse gases, State regulations mandating such reporting, State regulations requiring
participation in the State’s cap and trade program, or some combination of these regulations.
Other regulations may apply to these operations or other municipal or utility operations in the
future.
B. Some of these regulations require that the staff member completing the
greenhouse gas reports or taking actions under the cap and trade program certify that he or
she has the necessary authority to make such reports and that the City will be bound by his or
her representations and actions with respect to this program.
The Council of the City of Palo Alto does resolve as follows:
SECTION 1. The Council confirms that the City Manager or his or her designee
is authorized under the City Charter and Palo Alto Municipal Code to perform on behalf of the
City of Palo Alto all duties and responsibilities required by Title 40, Part 98 of the Code of
Federal Regulations (Mandatory Greenhouse Gas Reporting), Title 17, Article 5, Sections 95800
through 96022 (California Cap on Greenhouse Gas Emissions and Market-based Compliance
Mechanisms), and Sections 95100 through 95158 (Regulation for the Mandatory Reporting of
Greenhouse Gases) of the California Code of Regulations, or any other regulation related to
the reporting of greenhouse gases or the tracking and disposition of allowances, offsets, or
other instruments as part of programs related to the tracking or reduction of greenhouse
gases.
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*NOT YET APPROVED*
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SECTION 2. The Council finds that the adoption of this resolution does not
constitute a project under the California Environmental Quality Act and no environmental
assessment is required.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENTIONS:
ABSENT:
ATTEST: APPROVED:
_____________________________ _____________________________
City Clerk Mayor
APPROVED AS TO FORM: _____________________________
City Manager
_____________________________
Senior Deputy Asst. City Attorney
_____________________________ ____________________________
Director of Utilities Director of Administrative Services