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SCPPA Overview • Page 2 SCPPA is a public agency subject to the Brown Act and the California Public Records Act. The SCPPA Board of Directors is comprised of the Chief Executive Officer of the electric utility of each of the 12 member agencies. Per the JPA Agreement, elected or appointed officials are not members of the SCPPA Board of Directors. Their Board meetings are open to the public and Board meeting minutes are available on its website. SCPPA is also subject to an independent financial audit. On August 26, 1980, the Riverside City Council adopted a resolution to join SCPPA and approved the SCPPA Joint Powers Agreement (Attachment 1). The SCPPA Joint Powers Agreement can only be amended by the unanimous approval of the governing bodies of each member agency. SCPPA's members consist of the municipal utilities of Anaheim, Azusa, Banning, Burbank, Cerritos, Colton, Glendale, Los Angeles, Pasadena, Riverside, Vernon and the Imperial Irrigation District. Together they deliver electricity to over two million customers in the Southern California basin, spanning an area of 7,000 square miles, and with a total population that exceeds five million. On August 14, 2007, the City Council unanimously approved the use of SCPPA for the procurement of energy efficiency (EE) and conservation programs and services (Attachment 2). A City Council action taken on February 21, 2017, directs how Riverside is to procure services through SCPPA and report SCPPA costs and activities (Attachment 3). This includes: • Task Order expenditures greater than $50,000 require Board and City Council approval • SCPPA Agendas and Minutes shall be posted in Board of Public Utilities meeting agendas and packages • Semi-annual report of SCPPA activities shall be provided to Board and City Council on SCPPA activities and expenditures DISCUSSION Requested Changes to SCPPA Policies: In 2019, Public Utilities began to work through a number of issues that remained unresolved by the 2017 City Council action. In response to public claims and questions by Councilmembers that the SCPPA Joint Powers Agreement (JPA) does not permit the activities of developing and implementing energy efficiency programs, despite the Riverside Council's 2007 action to approve procurement of energy efficient programs through SCPPA, Public Utilities staff did the following: • Raised the issue at the April 16, 2020 SCPPA Board (Attachment 4). o Led to an August 20, 2020 action to have SCPPA to engage its legal counsel to review the scope of the SCPPA JPA (Attachment 5). • Voted "No" or "Abstain" on items relating to energy efficiency programs • Requested SCPPA staff present all Request for Proposals (RFPs) to the Board of Directors for approval prior to initiating the solicitation process SCPPA Board supported a legal review of the question and a formal response from its outside legal counsel, Norton, Rose Fulbright (Attachment 6). The result of their analysis was that SCPPA energy efficiency programs are permitted under the JPA primarily because energy efficiency is a mandated procurement for electric utilities even before generation is procured for its customers.