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HomeMy WebLinkAboutLocal Government Sustainable Energy Coalition (LGSEC) - 2014-01-29 MEMORANDUM OF UNDERSTANDING among Participating Entities in the LOCAL GOVERNMENT SUSTAINABLE ENERGY COALITION This Memorandum of Understanding(`MOU')describes the Local Government Sustainable Energy Coalition (`LGSEC' or`Coalition'),its mission and guiding principles, its proposed activities, structure and governance, and the types,terms and conditions of membership by local public entities. Throughout this MOU,the term `local' public entity or `local' government encompasses regional entities and governments. 1. Description and Purpose The Local Government Sustainable Energy Coalition is an association of California public entities formed to share information and resources to strengthen and leverage their communities' commitment to a sustainable energy future. That commitment is to manage today's energy uses and resources in ways that do not compromise the environment's capacity or the community's ability to meet the needs of future generations. Core strategies are to moderate energy demand, increase energy efficiency and renewable energy production, and improve energy security and reliability, while enhancing environmental values and community well-being. 2. Mission and Principles LGSEC's mission is to: • leverage California local government resources to advocate in public forums for policies and programs that support local sustainability initiatives; • empower local public entities to speak with a credible and cohesive voice on energy matters affecting their communities and constituencies; • provide a central resource to help California local governments stay informed of energy policy, regulatory and market developments affecting their interests; • expand California local government competence to shape those developments; and • share energy experience and expertise that can benefit other communities; LGSEC's pursuit of this mission will be guided by the Principles for Community Energy Sustainability, attached to this MOU as Appendix A and incorporated by this reference. 3. Proposed Activities and Benefits As its funding and capabilities permit,and subject to direction from its Governing Board,the Coalition intends to: A. Develop a web-based system accessible to participating entities that will monitor, analyze and report on important energy policy,regulatory,and market developments likely to impact their activities and constituents. B. ldentify opportunities to articulate and advance Coalition interests through correspondence and discussions with responsible public agencies(at all levels)and officials,and organize presentations, meetings and other gatherings for that purpose. C. Establish Coalition priorities and represent Coalition interests in administrative proceedings before California state agencies such as the Public Utilities Commission(`CPUC'), Energy Commission(`CEC'),Air Resources Board,and others that address energy and related environmental issues that affect member entities and their constituents. Examples include: 1 • CPUC post-2005 Energy Efficiency proceedings • California Solar Initiative proceedings • CPUC Water Action Plan& CEC Water& Energy RD&D • CPUC&CEC Distributed Resource proceedings • AB32,greenhouse gas reduction and utility procurement proceedings • Green bUildimi initiative Regular dues levels established in the Bylaws are expected to cover monitoring and occasional filing Of comments in proceedings like these, but not sustained intervention on specific issues, which may need to be funded through additional contributions by groups of members interested in those issues. D. Provide member entities and their representatives, and other local government related entities such as the League of California Cities and the California State Association of Counties with technical and policy expertise on selected legislative proposals affecting local and regional energy interests. The LGSEC itself will not attempt to influence legislation within the meaning of IRC Section 501(c)(3). E. Enhance local government capabilities to integrate energy efficiency initiatives with demand response and the development of clean, efficient local energy supply options from renewable, recyclable and waste resources. F. Undertake other activities that honor its Principles, advance its Mission, and strengthen the voices of member entities, as determined from time to time by its Governing Board. 4. Structure and Governance For ease of formation and administration and to maintain flexibility,the Coalition is structured as an unincor- porated association of local public entities whose membership benefits and responsibilities are governed by the terms of this MOU, including the Principles set forth in Appendix A and the Bylaws contained in Appendix B,both of which are incorporated by reference. Among other things,the Bylaws provide for two types of membership for local public entities,two correspon- ding sets of benefits, and annual dues that vary depending on the type of membership and the population represented. The Bylaws also define the roles,responsibilities and composition of a Governing Board and an Executive Committee to guide and direct the Coalition's activities, and provide for withdrawal from and termination of participation in the Coalition. 5. Fiscal Responsibility To ensure effective financial oversight and accountability,the Bylaws establish as the association's fiscal sponsor the Local Government Commission(`LGC'), a respected nonprofit,nonpartisan, membership organization composed of California local elected officials,staff and others,and experienced in providing inspiration,technical assistance, and networking to community leaders working to create resource-efficient communities. As described more fully in the Fiscal Sponsorship Agreement attached as Appendix C and incorporated by this reference,the LGC's principal role, subject to direction by the Coalition's Governing Board, will be to establish, maintain and account for a restricted fund to receive and disperse cash and other property contributed to support the Coalition, a role it has played successfully for other associations and nonprofit entities. 6.Withdrawal and Termination This MOU will continue until terminated by majority vote of the Governing Board,but members may withdraw from the Coalition on 30 days' notice to other members, subject to conditions set forth in the Bylaws. 7.Amendments 2 This MOU may be amended by a majority vote of the Governing Board. 8. Severability If a portion, term,condition or provision of this MOU is determined by a court to be illegal or in conflict with a law of the State of California,or is otherwise rendered unenforceable or ineffectual,the validity of the remaining portions, terms, conditions and provisions is not affected. 9. Counterparts This MOU may be executed in counterparts,each of which is an original and all of which constitute one and the same instrument. 10. Effective Date This MOU becomes effective when any two local public entities eligible for membership have(1)duly executed it, and(2)delivered their first annual membership dues to the Fiscal Sponsor. 11. Member Commitment As the duly authorized representative of the local public entity whose name appears below, I acknowledge by my signature that responsible officials of such entity have read and understand this MOU, including Appendices A through C, and agree on behalf of the entity to support the Coalition's Mission and Principles,to accept the terms and conditions of the Bylaws and Fiscal Sponsorship Agreement, and to diligently exercise the responsibilities and obligations of membership, in return for the benefits described above. Local Public Entity: O d gw' By: Printed Name: _ 1 Title or Position: (�K Dated: 2 Attest: Title or Position: ne Approved as to Legal Form By APPROVED AS TO FORM JENNIFER McGRATH,City Aey Printed Name: Title or Position: B Deputy city or I�I 3 Local Government Sustainable Energy Coalition Principles for Community Energy Sustainability Local governments are increasingly aware of the critical roles that energy(including electricity, heating, and cooling) plays in building and maintaining sustainable communities, the environmental implications of centralized electricity production from fossil and nuclear sources, and of power delivery over long distances; the major contribution of energy activities to greenhouse gas emissions and associated climate change;the looming limitations on conventional resource supplies and infrastructure that demand more efficient resource use; and the potential to capture clean energy from community resources (such as sunlight, wind,and water)and waste streams (fi-om landfills,wastewater treatment plants, agriculture, dairy farming, and other sources)that otherwise entail substantial disposal costs and environmental degradation. Local governments can increase their influence on the impacts, availability and reliability of future energy use in California by speaking with one voice at regional, state, and federal venues. The Local Government Sustainable Energy Coalition proposes the following basic principles as a foundation for planning and action to secure a sustainable energy future for our communities and the larger regions they comprise. 1. Local governments should recognize energy as a critical element of community planning, health and prosperity, and should dedicate community resources to understanding energy issues and influencing their outcome. 2. Local governments should develop, acquire, and apply the expertise needed to plan, advocate, and implement energy initiatives that strengthen their communities and contribute to regional energy capacity. 3. Local governments should proactively identify and develop community resources that enhance clean, efficient energy usage, supply, and delivery. 4. Local governments recognize the strong linkage between energy-related activities, greenhouse gas emissions,and climate change concerns, and should ensure not only that community energy usage, supply, and delivery do not exacerbate these problems, but contribute to their solution. 5. Communities should recognize their individual responsibility and seize the opportunity to supplement conventional forms of energy supply and delivery with local resources that reduce energy consumption and peak demand, increase clean, efficient and renewable supply, diversify the resource base, integrate community needs, and strengthen local self-reliance and emergency response. 6. Local and regional entities should commit to implementing a preferred `loading order' for energy resources, according the highest priority to energy efficiency and demand response,then to renewable resources and distributed generation such as combined heat and power,then to clean and efficient fossil-fired generation and improved delivery infrastructure. 7. Communities should redouble efforts to integrate local and regional energy usage, production, and delivery systems with other community initiatives such as zoning, green building standards, waste disposal,transportation, economic and redevelopment. 8. Community energy initiatives should take advantage of distinctive community and regional resources,recognizing that differing local circumstances support differing approaches to energy sustainability. 9. Local and regional governments should actively support and participate in effective joint representation before government agencies responsible for energy policy and implementation, and should advocate for and protect community interests in sustainable energy alternatives.