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RES-2011-169 RESOLUTION NO. 2011- 169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING AN AMENDED RENEWABLE PORTFOLIO STANDARD AND RESCIDNING THE PRIOR RENEWABLE PORTFOLIO STANDARD SET FORTH IN RESOLUTION 2006 -187. WHEREAS, the City of Anaheim ( "Anaheim ") maintains an electric generation and distribution system for the furnishing of electricity to residents and businesses of the City of Anaheim; and WHEREAS, the Anaheim Public Utilities Department ( "APU ") provides reliable, low cost, environmentally responsible power to residents and businesses; and WHEREAS, under prior law, a publically owned utility was required to adopt its own Renewable Portfolio Standard consistent with the state policy to encourage renewables, but was not subject to the same numerical goals as investor owned utilities; and WHEREAS, on July 8, 2003 the City Council approved and authorized a Renewable Portfolio Standard ( "RPS ") that would allow Anaheim to serve fifteen percent (15 %) of its retail load with renewable power by December 31, 2017; and WHEREAS, on August 8, 2006 by Resolution 2006 -187, among other things, the City Council authorized APU to strive to increase its purchases of eligible renewable energy sources to ten percent (10 %) by 2010 and twenty percent (20 %) by 2015 after taking into consideration market conditions and renewable project availability, as well as utilize similar rate protections as provided to the investor -owned utilities; and WHEREAS, on April 12, 2011 Governor Brown signed the California Renewable Energy Resources Act [Senate Bill 2 (1 Ex. Session) (Simitian) ( "SBX1 2 ")] with an effective date of December 10, 2011, which increases the state's renewable portfolio standard by requiring California's investor -owned utilities as well as it's publicly -owned utilities to procure thirty - three percent (33 %) of their energy from renewable sources by 2020; and WHEREAS, SBX1 2 sets interim targets for RPS compliance, expands the roles of the California Energy Commission and the California Air Resources Board, and places requirements on the types of renewable resources eligible for compliance; and WHERAS, the City Council is the governing board of its local publically owned electric utility with the authority to adopt and implement the requirements of state law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. The City Council of the City of Anaheim hereby rescinds Paragraph 1, only, on page 1 of Resolution 2006 -186 which states, "The Anaheim Public Utilities will increase purchases of eligible renewable energy resources. The Anaheim Public Utilities will take into consideration market conditions and renewable project availability, as well as utilize similar rate protections as provided to the investor -owned utilities. The Anaheim Public Utilities will strive to achieve its target of increasing its purchases of eligible renewable energy resources to ten percent (10 %) by 2010 and twenty percent (20 %) by 2015." Except as expressly set forth herein, Resolution 2006 -186 shall remain in full force and effect. 2. Consistent with its RPS Policy, the Anaheim Public Utilities Department will strive to achieve an interim RPS targets of twenty percent (20 %) for Compliance Period 1 which is January 1, 2011 through December 31, 2013. 3. Consistent with its RPS Policy, the Anaheim Public Utilities Department will strive to achieve an interim RPS target of at least a twenty percent (20 %) with reasonable progress towards a RPS of twenty -five percent (25 %) for Compliance Period 2 which is January 1, 2014 through December 31, 2016. 4. Consistent with its RPS Policy, the Anaheim Public Utilities Department will strive to achieve an interim RPS target of at least twenty -five percent (25 %) with reasonable progress towards a RPS of thirty -three percent (33 %) for Compliance Period 3 which is January 1, 2017 through December 31, 2020. 5. The Public Utilities General Manager, or designee, is hereby authorized and directed to implement, administer, and carry out any such actions as are necessary or advisable in the furtherance of the City of Anaheim's RPS and RPS Policy. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this tith day of December , 2011, by the following roll call vote: AYES: Mayor Tait, Council Members Sidhu, Eastman, Galloway and Murray NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM MAYOR OF THE CITY OF ANAHEIM ATTEST: A P 4 1111%.■ ROMITOr OF A • HEIM 86814.3