Sonora Municipal Code § 1.30 Community Choice Aggregation

This chapter shall be known and may be cited as the "Community Choice Aggregation Program Ordinance" of the City of Sonora.

The purpose of this chapter is to authorize the City of Sonora to participate in a community choice aggregation ("CCA") program for electric service through a joint powers authority, in order to provide residents, businesses, and public facilities within the city with alternative choices for electricity procurement beyond the incumbent utility provider, and to promote local control, competitive rates, and other public benefits of aggregation.

(Ord. No. 902, 2-3-2025)

For the purposes of this chapter, the following definitions apply:

"Act" means California Public Utilities Code section 366.2 and any implementing regulations authorizing community choice aggregation.

"City" means the City of Sonora, California.

"CCA program" or "program" means the community choice aggregation program established pursuant to the act, under which electric load within the city may be aggregated for the purpose of procuring electric power.

"Governing board" means the governing board of the JPA.

"Impact analysis" means the financial, operational, and risk assessment conducted by Pioneer or other consultant to evaluate the inclusion of the city in the CCA.

"Implementation plan" means the plan filed with the California Public Utilities Commission (CPUC) for certification of the CCA, as required by the act.

"Joint powers authority" or "JPA" means a joint powers authority organized under the California Joint Exercise of Powers Act (Government Code section 6500 et seq.) to provide a CCA program.

"Member" means the city or any other local agency participating in the JPA.

"Pioneer" means Pioneer Community Energy, formerly Sierra Valley Energy Authority, or its successor entity.

(Ord. No. 902, 2-3-2025)

A. The city council hereby authorizes the implementation of a CCA program within the territory of the city, currently served by Pacific Gas and Electric Company (PG&E), by participation in the CCA program of Pioneer Community Energy, subject to the fulfillment of all of the following conditions:

1. Completion by Pioneer, or its consultant, of a satisfactory impact analysis demonstrating the financial feasibility, risks, and benefits of the city's participation;

2. Adoption by the city council of a resolution of intent expressing the city's desire to become a member of Pioneer;

3. Approval by the city council of Pioneer's Amended and Restated Joint Exercise of Powers Agreement, as it may be amended, for inclusion of the city;

4. Approval by the governing board of Pioneer Community Energy of the city's membership in the JPA; and

5. Certification by the CPUC of Pioneer's amended implementation plan to include the city in its service territory under the act.

B. Upon satisfaction of all conditions set forth in subsection A, the city may join the JPA and commence enrollment of eligible electric customers in the CCA program, consistent with CPUC regulations, consumer protections, and notice requirements.

C. Until the conditions described above are satisfied, this chapter does not create any financial obligation or require the enrollment of customers in the program.

(Ord. No. 902, 2-3-2025)

A. Upon approval by the city council and the JPA, the city shall become a member of the JPA, with rights and responsibilities as established in the Amended and Restated Joint Powers Agreement.

B. The city's membership may include a capital contribution, membership fee, or other financial obligation as determined by the JPA and authorized by the city council.

C. Participation shall comply with the California Joint Exercise of Powers Act and the governing documents of the JPA.

(Ord. No. 902, 2-3-2025)

A. By adopting this chapter, the city elects to procure and supply electric generation, and related services, for its eligible customers through Pioneer Community Energy, subject to the terms and conditions of the JPA and CPUC certification.

B. The city's participation shall be governed by Pioneer's Implementation Plan and service agreements, including provisions for rates, scheduling, opt-out rights, customer protections, reporting, audits, and risk management.

C. The city may withdraw from or terminate participation in the JPA in accordance with the terms and conditions of the joint powers agreement and applicable state law.

(Ord. No. 902, 2-3-2025)

If any section, subsection, sentence, clause, phrase, or portion of this chapter is held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the remaining portions. The city council declares that it would have adopted this chapter and each section irrespective of the validity of any portion so declared invalid.

(Ord. No. 902, 2-3-2025)

This chapter shall take effect thirty days after its adoption by the city council.

Within fifteen days after adoption, the city clerk shall cause a summary of this chapter, including the vote of each member of the city council, to be published in a newspaper of general circulation printed and published in the City of Sonora.

(Ord. No. 902, 2-3-2025)