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HomeMy WebLinkAboutMINUTES - 08032010 - SD.5RECOMMENDATION(S): 1. CONDUCT a Public Hearing, noticed pursuant to Government Code Section 4217.12, to consider two Power Purchase Agreements (PPAs) with Main Street Power, Inc. for the installation of photo-voltaic panels at 13 County-owned sites and the sale of all electricity produced by the panels to the County. 2. DETERMINE that the terms of the Power Purchase Agreements are in the best interests of the County. 3. FIND that the anticipated cost to the County for electrical energy provided under the Power Purchase Agreements over twenty years ($16,504,713 total, based on an average output of 3,814,015 kWh per year) will be less than the marginal cost to the County of electrical energy that will be consumed by the County in the absence of those purchases, which cost is estimated to be approximately $1,061,798 higher. 4. FURTHER FIND that the above projects are a Class 1 (a) Categorical Exemption under the California Environmental Quality Act (CEQA); DIRECT the Director of the Department of Conservation and Development, or designee, to file a Notice of Exemption APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 08/03/2010 APPROVED AS RECOMMENDED OTHER Clerks Notes:CONTINUED to September 14, 2010 VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Mike Lango, (925) 313-7100 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: August 3, 2010 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: SD. 5 To:Board of Supervisors From:Michael Lango, General Services Director Date:August 3, 2010 Contra Costa County Subject:Hearing on Proposal to Enter into two Power Purchase Agreements with Main Street Power to Install Solar Panels at 13 County Facilities with the County Clerk, and DIRECT the Director of General Services, or designee, to arrange for the payment RECOMMENDATION(S): (CONT'D) of the handling fees to the Department of Conservation and Development and County Clerk for the filing of the Notice of Exemption. 5. APPROVE, at the conclusion of the Public Hearing, the above projects and two 20-year Power Purchase Agreements (PPAs) with Main Street Power (MSP) for the installation of photo-voltaic panels at 13 County-owned sites and the sale of all electricity produced by the panels to the County; and AUTHORIZE the General Services Director, or designee, to sign the Power Purchase Agreements. FISCAL IMPACT: Total estimated electricity cost savings from the agreements is $672,131 for the first five years and $1,061,798 over the entire twenty year term of the PPAs. BACKGROUND: In 2004, Contra Costa County adopted a Strategic Energy Plan (SEP). The SEP recommended various energy efficiency improvements in four categories: 1) Energy Efficiency Projects, 2) Supply Side Opportunities, 3) Organizational Advancement, and 4) New Construction and Facility Renewal. The installation of photo-voltaic panels falls under the Supply Side Opportunities category of the SEP. In 2005, AB32 was enacted by the State of California, which requires a statewide greenhouse gas reduction to 1990 levels by 2020. Following passage of AB32, the Board of Supervisors approved the County's Municipal Climate Action Plan (MCAP) in 2008. Since the County exceeded AB32's 2020 target for its municipal operations, the Board of Supervisors set goals for 2030 of greenhouse gas reductions of 3,800 MTCO2e (metric tons of carbon dioxide emissions) every five years beginning in 2010. The PPAs will allow the County to annually purchase an average of 3,814,015 kWh of electricity from renewable self-generation, which is the equivalent of reducing annual greenhouse gas emissions by 1,524 MTCO2e. This represents over 40% of the County's greenhouse gas reduction for the 2010-2015 year period. Main Street Power will be responsible for all aspects of the solar installation projects including design, permitting, equipment acquisition, construction, commissioning, and maintenance of the installed photo-voltaic panels. The total cost to install the solar panels is approximately $15 million. Under the terms of the PPAs, Main Street Power has agreed to the maximum extend possible to utilize local labor and subcontractors for installation of the photo-voltaic panels at the following locations: Ground-Mounted Solar Installations 4491 Bixler Road, Byron (Byron Boys Ranch) 5555 Giant Highway, Richmond (West County Detention Facility) 4800 Imhoff Place, Martinez (Animal Services) 2530 Arnold Drive, Martinez (Summit Centre office building) 12000 Marsh Creek Road, Clayton (Marsh Creek Detention Facility) Roof-Mounted Solar Installations 5555 Giant Highway, Richmond (West County Detention Facility) 2467 Waterbird Way, Martinez (GSD Maintenance Facility) 2475 Waterbird Way, Martinez (Public Works Maintenance Facility) 4549 Delta Fair, Antioch (Employment & Human Services/Probation) 1750 Oak Park Boulevard, Pleasant Hill (Library) 1305 MacDonald Avenue, Richmond (Employment & Human Services) 1650 Cavallo Road, Antioch (Employment & Human Services) 300 South 27th Street, Richmond (Headstart Facility). In September 2009, Main Street Power approached the County to install photo-voltaic systems for County buildings located in “distressed qualified census tracts” as defined by the Internal Revenue Service. The photo-voltaic systems that fall into this category qualify for Federal New Market Tax Credits (NMTC). Since that time, GSD Energy Program staff have been working with Main Street Power to identify suitable County facilities for solar energy projects. The proposed PPAs are the result of these efforts. The PPAs obligate the County to purchase all electricity produced by Main Street Power's photo-voltaic panels rather than from PGE. There is no cost to the County for the purchase and installation of the photo-voltaic panels. Three of the photo-voltaic locations qualified for Federal New Market Tax Credits (NMTC). The electricity purchase price for these locations will be set at a fixed, below-market rate for the first seven years. The ten other locations did not qualify for NMTC status. The electricity purchase price for these locations will be set at a fixed, below-market rate for the first five years. When the fixed rate period expires, the electricity purchase price will be reset to a projected market rate based upon electricity rates increasing by 3.75% per year. Beginning in years 6 or 8, the projected market price has an annual escalator of 3.75% per year. The estimated savings is based upon paying Main Street Power a lower rate for peak and partial peak electricity than PGE and avoiding PGE rate increases during the fixed rate period. After the fixed rate period, the County has the option every three years to purchase the photo-voltaic panels at fair market value (as determined by an appraiser) or a fixed price stated in Exhibit 1A of the PPA, whichever is higher, and pay no cost for the electricity produced by the photo-voltaic panels. To date, Main Street Power has surveyed all the proposed locations, hired electrical and structural engineers, developed proposed photo-voltaic systems at each location, and filed reservations for California Solar Initiative performance based incentives with PGE. These incentives allow Main Street Power to offer electricity prices at below market rates consistent with the fixed electricity rate pricing during the initial term of the PPAs, five and seven years respectively. Thereafter, the California Solar Initiative incentives expire and the electricity rate adjusts to the projected market rate found in Exhibit 1 of the PPAs. The County agreed to not include a performance guarantee in the PPAs in exchange for a lower annual escalator. The exchange reduces the rate risk beginning in years six and eight respectively and saves an estimated $116,603 over the twenty year term. California Government Code Sections 4217.10 - 4217.18 permit public agencies to enter into energy service contracts without a formal bid process provided the governing body; (1) determines at a public hearing that the terms of the service contract(s) are in the best interests of the public agency; and (2) finds that the anticipated cost to the public agency for electrical energy provided by the energy conservation facility will be less than the anticipated marginal cost to the public agency of electrical energy that would have been consumed by the public agency in the absence of those purchases. On July 27, 2010, the Board of Supervisors conducted a Public Hearing to consider two Power Purchase Agreements (PPAs) with Main Street Power, Inc. for the installation of photo-voltaic panels at 12 County-owned sites and sale of all electricity produced by the panels to the County. During the Public Hearing, the Board discussed provisions in the PPAs specifically related to the use of local labor in Contra Costa County for the installation and construction of the photo-voltaic panels. The Board continued the Public Hearing to August 3, 2010 and directed staff to work with Main Street Power, Inc. to strengthen the commitment to use local labor and to clarify certain provisions of the PPAs related to the use and selection process to identify qualified local labor. CLERK'S ADDENDUM CONTINUED to September 14, 2010 ATTACHMENTS PPA - Non New Market Tax Credit PPA - New Market Tax Credit