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. January 13,2004 Board Meeting 9-1 Page 3 Policy By Minute Item 42609, dated Sept. 9, 1997, the Board approved the CIl Conservation Program and authorized the General Manager to enter into agreements with member agencies to participate in the Program. By Minute Item 43928, dated March 14, 2000, the Board authorized the current Pilot Program, services of Honeywell up to $2.5 million and accepted a grant of$150,000 from the Bureau of Reclamation. By Minute Item 44577, dated August 20, 2001, the Board authorized new incentive rates and an additional $4 million over three years to allow Metropolitan's Pilot Program to continue until February 2004. By Minute Item 44870, dated May 14,2002, the Board authorized an increase in the Honeywell contract from $2.5 million to $7.9 million through June 2004. California Environmental Quality Act (CEQA) CEQA determination for Option # I: The proposed actions are categorically exempt under the provisions of CEQA and the State CEQA Guidelines. The proposed actions involve rebates for installation of conservation measures (e.g., ULF toilets, high-efficiency clothes waters, water brooms, etc.) at existing public or private facilities involving negligible or no expansion of use and no possibility of significantly impacting the physical environment, within the context of extending the existing Pilot CIl Rebate Program as well as the creation of a long-term Cll Rebate Program. Accordingly, the proposed actions qualiry under a Class I Categorical Exemption (Section 15301 of the State CEQA Guidelines). In addition, the fiscal aspects of the rebates themselves and the extension of the existing agreement with Honeywell are not subject to CEQA because they involve the creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment (Section 1 5378(b)(4) of the State CEQA Guidelines). The CEQA determination is: Determine that pursuant to CEQA, the proposed actions qualiry under a Categorical Exemption (Class I, Section 15301 of the State CEQA Guidelines). In addition, the fiscal aspect of the rebates and the extension of the existing agreement are not subject to CEQA (Section l5378(b)(4) of the State CEQA Guidelines). CEQA determination for Option #2: The proposed actions are categorically exempt under the provisions of CEQA and the State CEQA Guidelines. The proposed actions involve rebates for installation of conservation measures (e.g., ULF toilets, high-efficiency clothes washers, water brooms, etc.) at existing public or private facilities involving negligible or no expansion of use and no possibility of significantly impacting the physical environment, by authorizing a RFP in conjunction with the creation of a long-term CIl Rebate Program. Accordingly, the proposed actions qualify under a Class I Categorical Exemption (Section 1530 I of the State CEQA Guidelines). Board Options/Fiscallmpacts Option #1 Adopt the CEQA determination and a. Authorize a long-term regional CIl program; and b. Increase current Honeywell contract by $2.5 million through December 2004. Fiscal Impact: $2.5 million in FY 2004/05 to extend current vendor contract. Full program costs will be defined when new vendor is selected and proposed consultant agreement terms are presented for board consideration.