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Council Will Decide June 6 On 25-Year Contract To Have This Private Firm Deliver Solar Power To These City-Owned Locations, Reducing Carbon Footprint, Providing Predictable Costs And Currently Anticipated Savings (Although Not Absolute Future Guarantee Of Lowest Possible Costs)

Firm's Sr. VP For Gov't Affairs Is Retired City Mgr. James Hankla


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(June 5, 2017, 6:50 p.m.) -- The first item of business on the Long Beach City Council's June 6 agenda is a public hearing on whether to authorize city staff to enter into a 25 year contract (up to 40 years with city-extensions) with a private firm that would produce electricity from solar panels and related equipment it would install, operate and maintain (at the firm's cost) at selected City of Long Beach-owned locations, for which the City would pay the firm fixed, contract-agreed rates while using renewable energy that would reduce the City's carbon footprint.

[Scroll down for further.]

Long Beach City Hall had a contract to do this with a different firm (approved by the Council in Dec. 2014) but that company went bankrupt in 2016. A new Request for Proposals process brought offers from three firms, from which city staff chose Huntington Beach-officed PFMG Solar (among firms that bid on the original transaction but wasn't chosen.)

On its website, PFMG Solar describes its operations at this link and lists a number of government entities for whom it now provides solar energy at this link. PFMG Solar's Senior VP of Government Affairs is retired Long Beach City Manager James C. Hankla (PFMG Solar's Executive Team Leadership is listed at this link.)

PFMG Solar's VP of Business Development, Alex Smith, told LBREPORT.com that the proposed transaction involves no out of pocket cost to the City and PFMG will be responsible for designing, building and maintaining the eleven installations under the 25 year contract.

So how much would the electricity PFMG Solar cost the City? Mr. Smith [who sounded as if he was mobile at the time] didn't have the exact figure at his fingertips, but said the starting price would be less per kilowatt hour than SCE at every LB site, would become 3.9% increases per year for 15 years, and less for the last ten years.

So...what happens if in the future SCE rates were to remain flat or go down, or some other firm has a breakthrough and offered a lower rate? In such a case, the City might end up paying a higher price but, Mr. Smith said, SCE's compounded annual rates over a roughly forty year period have gone up a bit over 5%...so if LB begins by paying a rate below SCE [as PFMG proposes] and goes up with a lower annual escalator than SCE has historically gone up, the City could presumably save money over the contract's 25 year term.

So is there some absolute metric or guaranteed insurance that what the City would pay PFMG will be less than it would pay SCE or some other solar operator? No...but Mr. Smith noted that taking no action also entails risk...including the current exposure to unpredictable rate increases sought by SCE [with PUC approval, including a recent 10% rate increase.]

PFMG's Smith also noted that PFMG has a 100% track record of completing its projects on time and uses IBEW labor on its projects.

Sponsor

Sponsor

City staff's agendizing memo by Public Works Director Craig Beck states the following regarding Fiscal Impact:

The proposed PPA first-year rates are anticipated to be below Southern California Edison's current rate by $5,547. Therefore, the agreement is anticipated to have an immediate positive fiscal impact to the City. Total savings are anticipated to grow over time and are estimated by the Public Works Department (PW) to have a present value of approximately $4.5 million over the 25-year period of the agreement. Final savings will depend on a variety of factors, including actual solar production and the growth in costs for utility-provided power over time. The amount of savings will be credited to the fund paying the electricity bill for the respective facilities. Approval of this recommendation anticipates a positive impact on the local economy.

Sponsor

Sponsor: Computer Repair Long Beach

The Council hearing on the proposed transaction is mandatory under CA Gov't Code section 4217.12 that requires the City Council to find "(1) That the anticipated cost to the public agency for thermal or electrical energy or conservation services provided by the energy conservation facility under the contract will be less than the anticipated marginal cost to the public agency of thermal, electrical, or other energy that would have been consumed by the public agency in the absence of those purchases" and "(2) That the difference, if any, between the fair rental value for the real property subject to the facility ground lease and the agreed rent, is anticipated to be offset by below-market energy purchases or other benefits provided under the energy service contract."

The agendizing memo states that city staff "is able to make findings that 1) the anticipated cost to the City provided by PFMG Solar will be less than the anticipated marginal cost for the same energy that would have been consumed by the City in the absence of a PPA; and 2) the difference, if any, between fair market value of the property involved and the actual cost to PFMG is offset by the benefit received by the City. The anticipated benefits of entering into this PPA include a projected present value savings of approximately $4.5 million ($9.5 million cumulative over 25 years)" [See Exhibit A to city staff's memo]

Sponsor

Sponsor

The agendizing memo says city staff "evaluated the proposals and determined PFMG is best qualified and offers the best value in providing PV systems for parking lots at the following 11 potential City sites: Airport Garage (Lot B), Aquarium Parking Structure, City Place Lot A, City Place Lot B, City Place Lot C, Emergency Communications and Operations Center, East Division Police Substation, Main Health Building, Long Beach Gas and Oil Headquarters, Pike Parking Structure, and the Public Works Yard. This determination is based on the documentation submitted by proposers."

As has been LB City Hall's practice for many years, city staff doesn't ordinarily provide the text of the proposed contracts for Council or taxpayer review until after the deal is signed. "The terms will be finalized prior to the execution of the PPA," says city staff's agendizing memo. [LBREPORT.com has previously objected editorially to LB City Hall's current practice and called for providing the text of major contracts for public review before Council approval.]

City staff's agendizing memo summarizes the proposed agreements key provisions as follows:

  • Term: 25 years plus the option of three additional five-year renewals. Upon expiration, the City has the option to have PFMG remove the PV system at no cost to the City, or the City can purchase the system at fair market value at the time of acquisition.
  • System Cost, Operations, and Maintenance: The City is obligated to pay only for the energy that the PV system produces. PFMG will pay for all other costs and expenses, as the owner and operator of the PV system. PFMG will pay for all costs and expenses to finance, engineer, construct, install, commission, repair, maintain and operate the system for each of the 11 sites.
  • Purchase of Energy: The City will purchase 100 percent of all power that is generated from PFMG's PV system for the 25-year term at set rates. Each of the sites will undergo a thorough process of review and vetting among the affected City departments to determine the final layout and PPA pricing.
  • Performance: The decline in annual production of kilowatt hours is expected at 0.70 percent per contract year. PFMG is motivated to generate as much energy as possible, since payment is based on the amount of energy produced by the system.
  • Early Termination: If the City terminates the PPA before the 25-year agreement, the City shall pay an early termination fee to be made in accordance with the Termination Values of the PPA. PFMG would remove the system, the City would not have any ownership rights to the system, and would no longer have the right to purchase any solar production from the system. It is important to note that in the event the City contemplates closing any of the sites for which a PPA is executed, it would need to consider the additional costs of paying the early termination fee, continuing to pay for the power generated under the PPA, or relocating the system to a different site.
  • Option to Buyout: The City may purchase the PV system at each of the sites at the conclusion of the term by providing written notice to PFMG no later than 180 calendar days prior to the end of the term. The purchase price will be the greatest of either the fair market value of each PV system or the Termination Values found in the PPA.
  • Energy Credits and Solar Incentives: All available renewable energy credits (RECs) and solar incentives, such as rebates, tax credits and other incentive opportunities will be distributed between PFMG and the City, as applicable.

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Regarding Sustainability, city staff's memo states:

The installation of the proposed solar PV system will significantly reduce the carbon footprint of the affected facilities since their energy usage will be partially, or in some instances, entirely offset with renewable energy. To accommodate the PV system in the Main Health Center parking lot, a-maximum of 11 trees may need to be removed. There will be no impact to trees on any of the other sites.

While PFMG is under contract, the City will consider installing solar PV systems at additional City-owned sites to further leverage the environmental and fiscal benefits of renewable energy on the City's behalf.

The arrangement doesn't put LB totally off the grid; in the evening hours, the city would get power at the sites from SCE, but during the day, the sites would be powered by PFMG Solar's installations.



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