EAST BAY COMMUNITY ENERGY AUTHORITY

EAST BAY COMMUNITY ENERGY AUTHORITY JOINT POWERS AGREEMENT This Joint Powers Agreement("Agreement"),effective as of 13/11an is made and entered into pursuant to the provisions of Title 1,Division 7,Chapter 5,Article 1 (Section 6500 et seq.)of the California Government Code relating to the joint exercise of powers among the parties set forth in Exhibit A("Parties'). The term"Parties"shall also include an incorporated municipality or county added to this Agreement in accordance with Section 3.1. RECITALS l. The Parties are either incorporated municipalities or counties sharing various powers under California law,including but not limited to the power to purchase,supply,and aggregate electricity for themselves and their inhabitants. 2. In 2006,the State Legislature adopted AB 32,the Global Warming Solutions Act,which mandates a reduction in greenhouse gas emissions in 2020 to 1990 levels. The California Air Resources Board is promulgating regulations to implement AB 32 which will require local government to develop programs to reduce greenhouse gas emissions. 3. The purposes for the Initial Participants(as such term is defined in Section 1.1.16 below) entering into this Agreement include securing electrical energy supply for customers in participating jurisdictions, addressing climate change by reducing energy related greenhouse gas emissions,promoting electrical rate price stability,and fostering local economic benefits such as jobs creation,community energy programs and local power development. It is the intent of this Agreement to promote the development and use of a wide range of renewable energy sources and energy efficiency programs,including but not limited to State,regional and local solar and wind energy production. 4. The Parties desire to establish a separate public agency,known as the East Bay Community Energy Authority("Authority"), under the provisions of the Joint Exercise of Powers Act of the State of California(Government Code Section 6500 et seq.)("Act")in order to collectively study,promote,develop,conduct,operate,and manage energy programs. 5. The Initial Participants have each adopted an ordinance electing to implement through the Authority a Community Choice Aggregation program pursuant to California Public Utilities Code Section 366.2("CCA Program"). The first priority of the Authority will be the consideration of those actions necessary to implement the CCA Program. 6. By establishing the Authority,the Parties seek to: (a) Provide electricity rates that are lower or competitive with those offered by PG&E for similar products; December 1,2016 4-