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55695.00001\33485367.1
<br />1
<br />ORANGE COUNTY POWER AUTHORITY
<br />JOINT POWERS AGREEMENT
<br />This Joint Powers Agreement (“Agreement”), effective as of the date specified in Section
<br />1.2, below, which is November 20, 2020 (“Effective Date”) is made and entered into pursuant to
<br />the Joint Exercise of Powers Act (California Government Code § 6500 et seq.) relating to the joint
<br />exercise of powers among the parties set forth in Exhibit A. All parties that execute this Agreement
<br />prior to December 31, 2020 shall be designated individually as “Founding Party” and collectively
<br />as “Founding Parties”. All cities, counties, or other public agencies added as parties to this
<br />agreement after December 31, 2020 shall be designated individually as “Additional Party” and
<br />collectively “Additional Parties”. The term “Party” refers individually to any Founding Party or
<br />Additional Party, and the term “Parties” refers collectively to the Founding Parties and the
<br />Additional Parties.
<br />RECITALS
<br />A. In 2002, Assembly Bill 117 (Stat. 2002, Ch. 838, codified at Public Utilities Code
<br />Sections 218.3, 366, 394, 394.25, 331.1 366.2, and 381.1) was signed into law allowing customers
<br />to aggregate their electrical loads as members of their local community with public agencies
<br />designated as community choice aggregators, and allowing such public agencies to aggregate the
<br />electrical load of interested consumers within their jurisdictional boundaries and purchase
<br />electricity on behalf of those consumers.
<br />B. In 2006, Assembly Bill 32 (Stat. 2006, Ch. 488, codified at Health and Safety Code
<br />Sections 38500 et seq.), known as the Global Warming Solutions Act, was signed into law,
<br />mandating a reduction in greenhouse gas emissions to 1990 levels by 2020.
<br />C. In 2015, Senate Bill 350 (Stat. 2015, Ch. 547, codified at Health and Safety Code
<br />Section 44258.5; Labor Code Section 1720; Public Resources Code Sections 25302.2, 25310,
<br />25327 and 25943; and Public Utilities Code Sections 237.5, 337, 352, 359, 365.2, 366.3, 399.4,
<br />399.11, 399.12, 399.13, 399.15, 399.16, 399.18, 399.21, 399.30, 454.51, 454.52, 454.55, 454.56,
<br />701.1, 740.8, 740.12, 9505, 9620, 9621, 9622, and Article 17 (commencing with Public Utilities
<br />Code Section 400)) was signed into law, mandating a reduction in greenhouse gas emissions to 40
<br />percent below 1990 levels by 2030 and to 80 percent below 1990 levels by 2050.
<br />D. In 2018, Senate Bill 10 (Stat.f 2018, Ch. 312, codified at Public Utilities Code
<br />sections 399.11, 399.15, 399.30, and 454.53) was signed into law, directing that the Renewables
<br />Portfolio Standard to be increased to 60 percent renewables by 2030 and establishing a policy for
<br />eligible renewable energy resources and zero-carbon resources to supply 100 percent of electricity
<br />retail sales to California end-use customers by 2045.
<br />E. The Parties each hold various powers under California law, including, but not
<br />limited to, the power to purchase, supply, and aggregate electricity for themselves and customers
<br />within their jurisdictions in accordance with Public Utilities Code Sections 333.1 and 366.2; they
<br />are therefore properly empowered to enter into this Agreement under the Joint Exercise of Powers
<br />Act (Government Code Section 6500 et seq., the “Act”).
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