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C. 25

To:	Board of Supervisors
From:	John Kopchik, Director, Conservation & Development Department
Date:	June 12, 2018

Contra

Costa

County

Subject:

2018 Bay Area Regional Energy Network Subcontract Agreement between Association of Bay Area Governments and Contra Costa County

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 06/12/2018

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Federal D. Glover, District V Supervisor

ABSENT:

Karen Mitchoff, District IV Supervisor

Contact:

Demian Hardman, (925) 674-7826

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: June 12, 2018
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a subcontract agreement with the Association of Bay Area Governments to pay the County an amount not to exceed $128,593 for energy efficiency program marketing, education, and outreach by County staff during the period from January 1, 2018 through December 31, 2018.

FISCAL IMPACT:

There will be no impact to the General Fund. The California Public Utilities Commission (CPUC) funding allocated is expected to cover all of the costs that would be incurred to support the BayREN program.

BACKGROUND:

In July 2012, the County entered into a Memorandum of Understanding (MOU) establishing the Bay Area Regional Energy Network (BayREN), a collaborative partnership among the nine Bay Area counties (Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma Counties) and led by the Association of Bay Area Governments (ABAG), for the purpose of facilitating the implementation of energy efficiency programs throughout the Bay Area. On May 5, 2015, a Restated and Revised MOU was approved by the County in order to better define the roles and responsibilities of ABAG and the counties participating in BayREN.

BACKGROUND: (CONT'D)

In late 2012, the CPUC approved BayREN as a pilot program (January 1, 2013) to implement Energy Efficiency (EE) Programs for the purpose of filling gaps in EE Program activities not being offered by the Investor Owned Utility’s (IOUs, such as PG&E) or Community Choice Aggregators (CCAs, such as MCE). BayREN is one of two Regional Energy Networks (RENs) that were approved by the CPUC to implement EE Programs in the State (SoCalREN is the other REN, which covers Los Angeles County). The CPUC is currently considering adding an additional REN covering San Luis Obispo, Santa Barbara and Ventura Counties (3C-REN).

Since 2013, all BayREN counties have been receiving CPUC funding each calendar year to provide marketing, education and outreach for the following four energy efficiency subprograms: (1) Single-Family, (2) Multi-Family; (3) Building Codes and Standards; and (4) Energy Efficiency Financing. Both the Single-Family and Multi-Family subprograms offer free technical services and financial incentives (rebates) if owners/contractors make specific energy efficiency improvements to existing residential structures. The Building Codes and Standards subprogram offers various resources (including training) to support local government officials with building energy code compliance and enforcement. The Energy Efficiency Financing subprogram focuses on marketing various financing options to diverse commercial and residential consumer markets throughout the Bay Area. Continued implementation of these energy efficiency programs are consistent with the County's Climate Action Plan adopted in 2015.

This year the CPUC is expected to formally approve the BayREN business plan and increase the overall BayREN budget by approximately $5.8 Million from last year, with a similar amount of funding allocated each year thereafter through calendar year 2025. Each county is expected to get an increase in funding to continue to support BayREN subprograms.

The proposed subcontract agreement between ABAG and Contra Costa County will allow the County continued access to CPUC funding allocated to ABAG to implement BayREN subprograms throughout Contra Costa County. The amount specified in the agreement is not to exceed $128,593 and will cover the period of January 1, 2018 through December 31, 2018. These funds are to cover County costs associated with promoting the program for both incorporated and unincorporated areas of the County. Technical services and rebates offered by BayREN for these activities are directly administered by ABAG and are funded separately under the overall BayREN budget approved by the CPUC.

Under the subcontract, the County must indemnify the other counties and ABAG for claims alleging intellectual property infringement related to materials the County prepares. The County also must indemnify the CPUC and Pacific Gas and Electric (PG&E) for claims that arise from the County's performance of its obligations under the subcontract.

CONSEQUENCE OF NEGATIVE ACTION:

The County will not receive funding to participate in BayREN activities or provide the associated energy efficiency program services to local residents and property owners. The County would also not have funding to support the energy efficiency activities specified in the County’s Climate Action Plan.