Laserfiche WebLink
EXHIBIT 3 <br />ENVIRONMENTAL ATTRIBUTE AGREEMENT <br />This ENVIRONMENTAL ATTRIBUTE AGREEMENT (this "Agreement") is made <br />and entered into effective as of August 17, 2021 ("Effective Date"), by and between TruStar <br />Energy LLC, a Delaware limited liability company ("TruStar"), and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of <br />the State of California ("City") (each a "Party" and collectively, the "Parties"). All <br />defined terms not specifically defined in the Recitals shall be as defined in Section 1.1 herein. <br />RECITALS <br />WHEREAS, TruStar is a marketer of Biogas, Biogas-derived CNG, and the <br />Environmental Attributes associated therewith; and <br />WHEREAS, City dispenses compressed natural gas for use as a Vehicle Fuel at a Station <br />that it operates; and <br />WHEREAS, in accordance with the RFS, LCFS, and other applicable Law, TruStar <br />desires to ascribe the Environmental Attributes to the CNG dispensed by City for use as Vehicle <br />Fuel such that the CNG is Biogas-derived CNG, and in order for the Environmental Attributes to <br />be properly generated and for TruStar to receive the benefits thereof, (i) TruStar needs certain <br />documentation evidencing the dispensing of the Biogas-derived CNG as a Vehicle Fuel, and (ii) <br />City desires and is willing to provide such documentation; and <br />WHEREAS, in exchange for the ascription of the Environmental Attributes to the <br />dispensing of such CNG and provision of related documentation to TruStar as provided herein, <br />City will receive a Gas Discount from TruStar. <br />NOW, THEREFORE, in consideration of the premises and the respective promises, <br />conditions and agreements contained herein, and other good and valuable consideration, the receipt <br />and adequacy of which are hereby acknowledged, TruStar and City do hereby agree as follows: <br />ARTICLE I <br />DEFINITIONS <br />1.1 Definitions. Unless the context specifically indicates otherwise, for purposes of <br />this Agreement, including the foregoing Recitals, the following terms shall have the meanings <br />indicated below: <br />a. "Biogas" means methane derived from various sources, processed at the Station, and <br />measured in MMBtu that: <br />i. meets the qualifications for D3 <br />EPA's RFS regulations; <br />ii. meets the definition of biogas or <br />LCFS regulations; and <br />RINs (i.e., cellulosic biofuel) under the <br />biomethane as defined by the RFS and <br />