ROMERO, BERNADETTE B. From: BUSHEE, PATTI J. Sent Friday, December 12, 2014 11:01 AM To: ROMERO, BERNADETTE B. Subject: Fwd: Councilor Bushee's Resolution Attachments: PNM_NMGAS Franchises2.docx, ATTOOOOL htm Sent from my iPhone Begin forwarded message: From: "BYERS, MELISSA D." Date: December 9, 2014 at 5:28:33 PM MST To: "raymond.sandoval@pnm.com” , "BUSHEE, PATTI J.” Cc: "BRENNAN, KELLEY A." , "MARTINEZ, MARCOS D." , "SCHIAVO, NICK A." , "ALEJANDRO, JOHN €." , "SNYDER, BRIAN K." Subject: RE: Councilor Bushee's Resolution Councilor/Ray: Here's the version with the changes we just discussed. Please let me know who Steve Michael isie., for Douglas Howe, | put former PRC Commissioner. Ray, please provide me with the names of the people will sit on the PNM/NMGCO Team. Thanks, Melissa From: BYERS, MELISSA D. Sent: Tuesday, December 09, 2014 4:33 PM To: raymond.sandoval@pnm.com; BUSHEE, PATTI J. Ce: BRENNAN, KELLEY A.; MARTINEZ, MARCOS D.; SCHIAVO, NICK A. (naschiavo@c.santa-fe.nm.us); ALEJANDRO, JOHN E.; SNYDER, BRIAN K. (bksnyder@ci,santa-fe,nm.us) ‘Subject: Councilor Bushee’s Resolution Councilor: Per our discussion today, attached is the latest version of the resolution. | have copied staff on this ‘email since they have not been in the loop. ! will call Ray now and then we will call you. Melissa Melissa D. Byers, Legislative Liaison City Attorney's Office City of Santa Fe P.O. Box 903 Santa Fe, NM 87504-0909(505)955-6518 mdbyers@santafenm.gov10 a 2 3 14 15 16 7 18 19 20 21 22 23 24 25 Working Draft 12/9/14 CITY OF SANTA FE, NEW MEXICO RESOLUTION NO, 2014-__ INTRODUCED BY: Councilor Patti Bushee ARESOLUTION DIRECTING STAFF TO CREATE A CITY OF SANTA FE CLIMATE PROTECTION ACTION PLAN (“CCAP”) AND ENERGY VISION (“EV”); ESTABLISHING AN ENERGY | COLLABORATION TEAM TO WORK WITH PUBLIC SERVICE COMPANY OF NEW MEXICO (“PNM”) AND NEW MEXICO GAS COMPANY (“NMGCO”) TO CRAFT MEMORANDUMS OF UNDERSTANDING THAT ALIGN WITH THE CCAP AND EV AND. RECOMMEND AMENDMENTS AND/OR NEW FRANCHISE AGREEMENTS WITH PNM AND NMGCO. WHEREAS, the City of Santa Fe is proud of its cultural and historical significance among, North American Communities; and WHEREAS, the City of Santa Fe Municipal Charter charges the governing body with the | responsibility “to secure for ourselves and our children the continuity of our cultural values, our personal freedoms, and our wellbeing,” declares that “[tJhe natural beauty of Santa Fe” is “among the city’s most valued and important assets,” and charges the governing body of Santa Fe to “protect, preserve and enhance the city’s natural endowments, plan for and regulate land use and development,10 a 2 B 4 15 16 v 18 19 20 21 2 23 24 25, Working Draft 12/9/14 ‘manage the city’s growth, encourage source reduction,” and take such actions as are necessary to do so; and WHEREAS, the Governing Body has a record of accepting such responsibilities and acknowledging the reality of climate change, probable effects of climate change on our City, and our ability and responsibility to reduce our contribution to the causes of climate change, as evidenced by the City’s adoption of policies, resolutions and codes related to climate change, renewable energy, sustainability issues and green building initiatives; and WHEREAS, there is a need to create a community protection action plan and energy vision; and WHEREAS, the Governing Body adopted Ordinance #1974-42 which granted to PNM the right, privilege and non-exclusive franchise to locate, construct, maintain and operate in the city of Santa Fe as a system of works for the generation, transmission and distribution of electricity for use the City and its inhabitants; and WHEREAS, the term of the franchise was for 25 years, however, because of changes to state law, the franchise has continued to operate without a renewal; and WHEREAS, the Governing Body adopted Ordinance #1995-36 which granted NMGCO, formerly PNM, certain powers, licenses, rights-of-way, privileges and franchise to construct, operate, and maintain in the city of Santa Fe, works, systems and plants for the handling, production, ‘manufacturing, transporting, storing, sale and distribution of natural gas into, out of, and through, the city to its inhabitants and others, including customers within, beyond and outside the corporate limits, of the city; and to use the streets, avenues, easements, rights-of-way, alleys, highways, sidewalks, paths, bridges and other structures and public places and grounds in the city for a period of twenty- five years. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF SANTA FE that staff is directed to create a City of Santa Fe Climate Protection Action10 a 2 13 14 15 16 7 18 19 20 2a 2 23 24 25, Working Draft 129/14 Plan (“CPAP”) and City of Santa Fe Energy Vision (“EV”) that shall be presented for consideration by the Governing Body within sixty (60) days of adoption of this resolution, BE IT FURTHER RESOLVED that that the Governing Body hereby establishes the Energy Collaboration Team (“City Team”). Section 1. PURPOSE: The purpose of the City Team is to work with PNM and | NMGCO to craft memorandums of understanding that align with the CPAP and EV and recommend | amendments and/or new franchise agreements with PNM and NMGCO Section 2. DUTIES AND RESPONSIBILITIES: ‘A. The City Team shall work with City staff to create the City’s CPAP and EV. B. Using the CPAP and EV guidelines, the City Team will work with the PNM/NMGCO Team to achieve partnerships that will work on the following policy goals: © Reducing greenhouse gas emissions through electric consumption, gas consumption and transportation; «Increasing electricity through renewable energy sources for significant energy efficiency improvements in the residential, commercial, and public sectors; © Advancing equity in infrastructure and environmental benefits; ‘© Providing an energy system that will provide reliable, affordable, local, and clean energy services for Santa Fe homes, business, and institutions; and ‘+ Providing low income assistance. C.— Ultimately, the Cit Team shall work with PNM and NMGCO on memorandums of understandings that align with the CPAP and EV and recommend amendments and/or new franchise agreements with PNM and NMGCO. Section 3. MEMBERSHIP; OFFICERS; TERM: ‘A. The City Team shall consist of the following members: © Douglas Howe, former PRC Commissioner10 11 2 B 14 15 16 7 18 19 20 21 22 23 24 25 Working Draft 12/9/14 ‘+ Marcos Martinez, Assistant City Attomey © Steve Michael, B. The City Team members shall serve until they complete their duties and responsibilities as set forth above. Section 3. STAFF LIAISON: The City of Santa Fe renewable energy planner shall serve as the staff liaison to the City Team. BE IT FURTHER RESOLVED that the following individuals will serve on the PNM/NMGCO Team: BE IT FURTHER RESOLVED that the City Clerk is directed to forward a copy of this resolution to the chief executive officers of PNM and New Mexico Gas Company, PASSED, APPROVED AND ADOPTED this___ day of 2015, JAVIER M. GONZALES, MAYOR ATTEST: YOLANDA Y. VIGIL, CITY CLERK APPROVED AS TO FORM: KELLEY A. BRENNAN, CITY ATTORNEY MMelissa/Resolutions 2014/PNM_NMGAS FranchisesROMERO, BERNADETTE B. From: BUSHEE, PATTI J Sent: Friday, December 12, 2014 11:00 AM Te ROMERO, BERNADETTE B. Subject: Fuid: Councilor Bushee's Resolution ‘Attachments: PNM_NMGAS Franchises2.doox ATTOOOO1.htm Sent from my iPhone Begin forwarded message: From: "BYERS, MELISSA D." Date: December 9, 2014 at 4:32:52 PM MST To: "raymond.sandoval@pnm.com" , "BUSHEE, PATTI J." Cc: "BRENNAN, KELLEY A." , "MARTINEZ, MARCOS D." , "SCHIAVO, NICK A." , "ALEJANDRO, JOHN E." , "SNYDER, BRIAN K." Subject: Councilor Bushee's Resolution Councilor: Per our discussion today, attached is the latest version of the resolution. | have copied staff on this email since they have not been in the loop. | will call Ray now and then we will call you. Melissa Melissa D. Byers, Legislative Liaison City Attorney's Office City of Santa Fe P.O, Box 909 Santa Fe, NM 87504-0909 (505)955-6518 mdbyers@santafenm.gov10 a 12 2B 4 15 16 7 18 19 20 2 22 23 24 25, Working Draft 12914 CITY OF SANTA FE, NEW MEXICO. RESOLUTION NO. 2014-__ INTRODUCED BY: Councilor Patti Bushee A RESOLUTION DIRECTING STAFF TO CREATE A CITY OF SANTA FE CLIMATE PROTECTION ACTION PLAN AND CITY OF SANTA FE ENERGY VISION; ESTABLISHING AN ENERGY COLLABORATION TEAM TO WORK WITH PUBLIC SERVICE COMPANY OF NEW MEXICO AND NEW MEXICO GAS COMPANY ON A MEMORANDUM OF UNDERSTANDING AND AMENDMENTS TO THE FRANCHISE AGREEMENTS THAT ALIGN WITH THE CITY'S CLIMATE PROTECTION ACTION PLAN AND ENERGY VISION. WHEREAS, the City of Santa Fe is proud of its cultural and historical significance among | North American Communities; and WHEREAS, the City of Santa Fe Municipal Charter charges the governing body with the responsibility “to secure for ourselves and our children the continuity of our cultural values, our personal freedoms, and our well-being,” declares that “(t]he natural beauty of Santa Fe” is “among the city’s most valued and important assets,” and charges the governing body of Santa Fe to “protect, preserve and enhance the city’s natural endowments, plan for and regulate land use and development,10 1 12 B 4 15 16 7 18 19 20 2 22 23 24 25 Working Draft 12/9/14 manage the city’s growth, encourage source reduction,” and take such actions as are necessary to do so; and WHEREAS, the Governing Body has a record of accepting such responsibilities and acknowledging the reality of climate change, probable effects of climate change on our City, and our ability and responsibility to reduce our contribution to the causes of climate change, as evidenced by the City’s adoption of policies, resolutions and codes related to climate change, renewable energy, sustainability issues and green building initiatives; and WHEREAS, there is a need to create a City of Santa Fe climate protection action plan and a renewable energy vision; and WHEREAS, the Governing Body adopted Ordinance #1974-42 which granted to PNM the right, privilege and non-exclusive franchise to locate, construct, maintain and operate in the city of Santa Fe as a system of works for the generation, transmission and distribution of electricity for use the City and its inhabitants; and WHEREAS, the term of the franchise was for 25 years, however, because of changes to state law, the franchise has continued to operate without a renewal; and WHEREAS, the Governing Body adopted Ordinance #1995-36 which granted NM Gas, formerly PNM, certain powers, licenses, rights-of-way, privileges and franchise to construct, operate, and maintain in the city of Santa Fe, works, systems and plants for the handling, production, manufacturing, transporting, storing, sale and distribution of natural gas into, out of, and through, the city to its inhabitants and others, including customers within, beyond and outside the corporate limits, of the city; and to use the streets, avenues, easements, rights-of-way, alleys, highways, sidewalks, paths, bridges and other structures and public places and grounds in the city for a period of twenty- five years. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF SANTA FE that staff is directed to create a City of Santa Fe climate protection action plan10 cry 12 3 4 15 16 7 18 19 20 21 22 23 24 25 Working Draft 129/14 CPAP") and City of Santa Fe energy vision that shall be presented for consideration by the Governing Body within sixty (60) days of adoption of this resolution, BE IT FURTHER RESOLVED that that the Governing Body hereby establishes the Energy Collaboration Team (“Team”), Section 1, PURPOSE: The purpose of the Team is to work with PNM and NM Gas on a memorandum of understanding and amendments to the franchise agreements that align with the City’s CPAP and energy vision. Section 2. DUTIES AND RESPONSIBILITI A, The Team shall work with City staff to create the City's CPAP and energy vision. B. Using the CPAP and energy vision as a guideline, the Team will work with PNM and NM Gas to achieve partnerships that will work on the following goals: Reducing greenhouse gas emissions; © Increas ig electricity through renewable energy sources for significant energy efficiency improvements in the residential, commercial, and public sectors; ‘* Advancing equity in infrastructure and environmental benefits; © Providing an energy system that will provide reliable, affordable, local, and clean energy services for Santa Fe homes, business, and institutions; and ‘© Providing low income assistance C. Ultimately, the Team shall work with PNM and NM Gas on memorandum of, understandings and amendments to the franchise agreements that align with the City’s CCAP and energy vision, Section 4. MEMBERSHIP; OFFICERS; TERM: A. The Team shall consist of the following members: © Marcos Martinez, Assistant City Attorney + Douglas Howe, former PRC Commissioner10 uw 2 3 14 15 16 v7 18 19 20 21 2 23 24 25 Working Draft 129/14 © Steve Michael, B. The Team members shall serve until they complete their duties and responsil set forth above. Section 3. STAFF LIAISON: The City of Santa Fe renewable energy planner shall serve as the staff liaison to the Team. BE IT FURTHER RESOLVED that the representatives for PNM shall be: BE IT FURTHER RESOLVED that the representatives for NM Gas shall be: BE IT FURTHER RESOLVED that the City Clerk is directed to forward a copy of this resolution to the chief executive officers of PNM and New Mexico Gas Company. PASSED, APPROVED AND ADOPTED this ___ day of 2015. JAVIER M. GONZALES, MAYOR ATTEST: YOLANDA Y. VIGIL, CITY CLERK APPROVED AS TO FORM: KELLEY A. BRENNAN, CITY ATTORNEY MMelissa/Resolutions 2014/PNM_NMGAS FranchisesROMERO, BERNADETTE B. From: BUSHEE, PATTI. Sent: Friday, December 12, 2014 11:03 AM To: ROMERO, BERNADETTE B Subject: Fwd: PNM & NMGAS Franchise Agreements Attachments: PNM_NMGAS Franchises docx; ATTOOOO1.htm Sent from my iPhone Begin forwarded message: From: "BYERS, MELISSA D." Date: December 8, 2014 at 2:07:52 PM MST To: "BUSHEE, PATTI J." Ce: "BRENNAN, KELLEY A." , "MARTINEZ, MARCOS D." , "Sandoval, Raymond" , "SCHIAVO, NICK A.” , "ALEJANDRO, JOHN E." , "SNYDER, BRIAN K." , "SELIGMAN, REBECCA X." Subject: PNM & NMGAS Franchise Agreements Councilor Bushee: Per our conversation, attached is a very “rough” draft of the resolution | drafted based on conversations I've had with you and staff. | sent it off to staff this morning for their comments. | understand that you want to intro at Public Works tonight. Please let me know if the title works, for introduction purposes. Thanks, Melissa From: Sandoval, Raymond [mailto:Raymond. Sandoval@pnm.com] Sent: Tuesday, December 02, 2014 4:40 PM To: BYERS, MELISSA D. 3RENNAN, KELLEY A.; MARTINEZ, MARCOS D.; BUSHEE, PATTI ‘Subject: Re: [External] FW: Docs from excel of MOU Mellisa Thave a direct contact in Minneapolis, so please do not hesitate to ask if you require any further documentation, Please forgive any typos as Iam sending from my phone, Thank you! Ray Raymond G Sandoval Santa Fe Community Relations PNM Resources528 Don Gaspar Santa Fe, New Mexico 87501 505) 438-6987 Office (505) 428-9013 Mobile (505) 241-4361 Fax Sent from my iPhone On Dee 2, 2014, at 4:35 PM, BYERS, MELISSA D. wrote: Hi Ray: Thank you for providing me with the Minneapolis material. Nick Schiavo had already provided us with some information about the Minneapolis model._ FYI, | am working with Kelley Brennan, City Attorney and Marcos Martinez, Assistant City Attorney on the Councilor’s resolution. In the future, please include them on any correspondence you send to me Thanks, Melissa Melissa D. Byers, Legislative Liaison City Attorney's Office City of Santa Fe P.0. Box 909 Santa Fe, NM 87504-0909 (505}955-6518 mdbyers@santafenm.gov From: Sandoval, Raymond [mailto:Raymond.Sandoval@pnm.com) Sent: Tuesday, December 02, 2014 2:40 PM To: BYERS, MELISSA D. Cc: BUSHEE, PATTI J. Subject: Fuid: Docs from excel of MOU 10 a 2 3B 14 15, 16 wv 18 19 20 21 22 23 24 25, Working Draft 128/14 CITY OF SANTA FE, NEW MEXICO RESOLUTION NO. 2014-__ INTRODUCED BY: Councilor Patti Bushee A RESOLUTION | DIRECTING STAFF TO ESTABLISH A CITY OF SANTA FE CLIMATE PROTECTION PLAN AND A CITY OF SANTA FE ENERGY VISION; AND ESTABLISHING A TEAM TO COLLABORATE WITH PUBLIC SERVICE COMPANY OF NEW MEXICO AND NEW MEXICO GAS COMPANY TO AMEND THE TERMS OF THEIR RESPECTIVE FRANCHISE AGREEMENTS TO ENSURE THAT SUCH AGREEMENTS ARE CONSISTENT WITH THE CITY'S CLIMATE PROTECTION PLAN AND ENERGY VISION. WHEREAS, the City of Santa Fe is proud of its cultural and historical significance among ‘North American Communities; and WHEREAS, the City of Santa Fe Municipal Charter charges the governing body with the responsibility “to secure for ourselves and our children the continuity of our cultural values, our personal freedoms, and our well-being,” declares that “[t]he natural beauty of Santa Fe” is “among the city’s most valued and important assets,” and charges the governing body of Santa Fe to “protect, preserve and enhance the city’s natural endowments, plan for and regulate land use and development,10 cr 2 B 4 15, 16 7 18 19 20 21 2 23 24 25 Working Draft 128/14 manage the city’s growth, encourage source reduction,” and take such actions as are necessary to do 0; and WHEREAS, the Governing Body has a record of accepting such responsibilities and acknowledging the reality of climate change, probable effects of climate change on our City, and our ability and responsibility to reduce our contribution to the causes of climate change, as evidenced by the City’s adoption of the following resolutions: Resolution #2006-55 ~ Endorsed of the U. S. Conference of Mayors Climate Protection Agreement; Resolution #2006-127 ~ Called for a City government-wide effort to reduce energy and telecommunication needs, Resolution #2007-31 ~ Reestablished the Sustainable Santa Fe Commission whose purpose is to advise the Governing Body with the aim of reducing the City's overall environmental impact in a proactive manner that establishes and standards for sustainable practices; Resolution #2008-57 ~ Declared the Governing Body’s intention, as an overarching and achievable goal, to reduce the carbon footprint of City government on the environment by a total of twenty percent (20%) within five years; Resolution #2008-93 — Adopted the Sustainable Santa Fe Plan; Resolution #2009-45 ~ Established target goals for the City of Santa Fe's residential green building code to meet the goals set forth in the U.S. Mayors Climate Protection Agreement; Resolution #2011-17 ~ Directed staff to assess the impacts of potential climate change scenarios on the city's water supplies and identify potential mitigation and adaptation measures; Resolution #2013-12 ~ Confirmed the City of Santa Fe’s membership in and supporting10 a 12 2B 14 15 16 7 18 19 20 21 22 23 24 25, Working Draft 128/14 the efforts of the Western Adaptation Alliance and directed staff to reform the Green ‘Team to seek how to both reduce greenhouse gas emissions from City operations and engage the public in addressing how the effects of climate change will impact citizens; ‘+ Resolution #2013-30 -- Adopted “Climate Change and the Santa Fe Basin: A Preliminary Assessment of Vulnerabilities and Adaptation Alternatives” and. directed staff to include projected climate change impacts in subsequent water supply and demand planning, policies, and practices; + Resolution #2013-99 ~ Urged the U.S. Congress to pass legislation that levies an annually inereasing revenue neutral fee on the carbon in fossil fuels at the point of production and importation; © Resolution #2014-81 — Directed staff, when acquiring fuel powered equipment, including vehicles, to balance the cost of the City’s needs with that of producing the lowest carbon footprint the City would create when using such equipment; * Resolution #2014-85 ~ Declared the Governing Body's intent for the City of Santa Fe to become carbon neutral by the year 2040; WHEREAS, the Governing Body through the adoption of Ordinance #2009-9 created the Residential Green Building Code, §7-4.2 SFCC 1987 and through the adoption of Ordinance #2014- II, created the Residential Addition and Remodel Green Building Code, §7-4,3 SFCC 1987; and WHEREAS, the purpose of the Green Building Codes are to encourage cost-effective and sustainable building methods through conservation of fossil fuels, water and other natural resources, reduction of greenhouse gas emissions, recycling of construction materials, reducing solid waste and improving indoor air quality; and WHEREAS, there is a need to create a City of Santa Fe Climate Action Plan and a Renewable Energy Vision that would consolidate the above initiatives of the Governing Body; and WHEREAS, in order to implement a Climate Action Plan and a Renewable Energy Vision,10 Br 2 2B 14 15 16 7 18 19 20 21 22 23 24 25 Working Draft 12/8/14 there is a need to conform the Public Service Company of New Mexico (“PNM”) and New Mex Gas Company (“NM Gas”) franchise agreements to the long term goals of the City of Santa Fe; and WHEREAS, the Governing Body adopted Ordinance #1974-42 which granted to PNM the right, privilege and non-exclusive franchise to locate, construct, maintain and operate in the city of Santa Fe as a system of works for the generation, transmission and distr the City and its inhabitants; and WHEREAS, the term of the franchise was for 25 years, however, because of changes to state law, the franchis ithout a renewal; and has continued to operate WHEREAS, the Governing Body adopted Ordinance #199S-36 which granted NM Gas, formerly PNM, certain powers, licenses, rights-of-way, privileges and franchise to construct, operate, and maintain in the city of Santa Fe, works, systems and plants for the handling, production, ‘manufacturing, transporting, storing, sale and distribution of natural gas into, out of, and through, the city to its inhabitants and others, including customers within, beyond and outside the corporate limits of the city; and to use the streets, avenues, easements, rights-of-way, alleys, highways, sidewalks, paths, bridges and other structures and public places and grounds in the city for a period of twenty- five years. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF SANTA FE that staff is directed to establish a City of Santa Fe climate protection plan and 4 City of Santa Fe energy vision that shall be presented to the Governing Body within sixty (60) days of adoption of this resolution. BE IT FURTHER RESOLVED that the Governing Body hereby delegates to the city ‘manager the authority to establish a team to collaborate with PNM and NM Gas to amend the terms of their respective franchise agreements to ensure that such agreements are consistent with the City’s climate protection plan and energy vision. Section 1. The City’s team shall consist of a representative of the city attomey’s office10 a 2 B 14 15 16 7 18 19 20 2 22 23 24 25 Working Draft 12/8/14 and two representatives whose specialties are in climate protection and renewable energy. Section 2. Members of the Governing Body may submit names for consideration by the city manager. Section 3. The City’s renewable energy planner shall serve as the City’s team liaison. BE IT FURTHER RESOLVED that the City Clerk is directed to forward a copy of this resolution to the chief executive officers of PNM and New Mexico Gas Company. PASSED, APPROVED AND ADOPTED this __ day of. 2015, JAVIER M. GONZALES, MAYOR ATTEST: YOLANDA Y. VIGIL, CITY CLERK APPROVED AS TO FORM: KELLEY A. BRENNAN, CITY ATTORNEY ‘M/Melissa/Resolutions 2014/PNM_NMGAS FranchisesROMERO, BERNADETTE B. eee ee From: BUSHEE, PATTI J Friday, December 12, 2014 11:02 AM ROMERO, BERNADETTE 8. Fwd: Ray Sandoval Attachments: PNM & NMGAS Franchise Agreements; ATTOOOOL.htm Sent from my iPhone Begin forwarded message: From: "BYERS, MELISSA D." Date: December 8, 2014 at 2:33:25 PM MST To: "BUSHEE, PATTI J." Subject: RE: Ray Sandoval | did...see attached, From: BUSHEE, PATTI J. Sent: Monday, December 08, 2014 2:32 PM ‘To: BYERS, MELISSA D. Subject: Re: Ray Sandoval Melissa Please send me the resol Sent from my iPhone On Dec 8, 2014, at 2:16 PM, BYERS, MELISSA D. wrote: Councilor: | just talked to Ray Sandoval...he will send back comments on the resolution as soon as PNM has reviewed. Melissa Melissa Melissa D. Byers, Legislative Liaison City Attorney's Office City of Santa Fe P.0. Box 909 Santa Fe, NM 87504-0909 (505)955-6518 mdbyers@santafenm.govROMERO, BERNADETTE B. From: BYERS, MELISSA D. Sent: Monday, December 08, 2014 2:08 PM To: BUSHEE, PATTI, Ce: BRENNAN, KELLEY A; MARTINEZ, MARCOS D;; Sandoval, Raymond; SCHIAVO, NICK A.; ‘ALEJANDRO, JOHN E; SNYDER, BRIAN K; SELIGMAN, REBECCA X. Subject: PNM & NMGAS Franchise Agreements Attachments: PNM_NMGAS Franchises.dock Councilor Bushee: Per our conversation, attached is a very “rough” draft of the resolution | drafted based on conversations I've had with you and staff. | sent it off to staff this morning for their comments. | understand that you want to intro at Public Works tonight. Please let me know if the title works, for introduction purposes. Thanks, Melissa From: Sandoval, Raymond [mailto:Raymond.Sandoval@pnm.com] Sent: Tuesday, December 02, 2014 To: BYERS, MELISSA D. Cc: BRENNAN, KELLEY A.; MARTINEZ, MARCOS D.; BUSHEE, PATTI J, ‘Subject: Re: [External] FW: Docs from excel of MOU Mellisa Thave a direct contact in Minneapolis, so please do not hesitate to ask if you require any further documentation. Please forgive any typos as Lam sending from my phone. Thank you! Ray Raymond G Sandoval Santa Fe Community Relations PNM Resources 528 Don Gaspar inta Fe, New Mexico 87501 (505) 438-6987 Office (505) 428-9013 Mobile (505) 241-4361 Fax Sent from my iPhone On Dec 2, 2014, at 4:35 PM, BYERS, MELISSA D. wrote: 1Hi Ray: ‘Thank you for providing me with the Minneapolis material. Nick Schiavo had already provided us with some information about the Minneapolis model. FYI, | am working with Kelley Brennan, City Attorney and Marcos Martinez, Assistant City Attorney on the Councilor’s resolution. In the future, please include them on any correspondence you send to me. ‘Thanks, Melissr Melissa D. Byers, Legislative Liaison City Attorney's Office City of Santa Fe P.0. Box 909 Santa Fe, NM 87504-0909 (505)955-6518 mdbyers@santafenm.gov indoval, Raymond {mallto:Raymond.Sandoval@pnm,com} Sent: Tuesday, December 02, 2014 2:40 PM To: BYERS, MELISSA D. Ce: BUSHEE, PATTI J. ‘Subject: Fivd: Docs from excel of MOU 10 uw 2 B 14 45 16 7 18 19 20 21 22 23 24 25 Working Draft 12/8/14 CITY OF SANTA FE, NEW MEXICO RESOLUTION NO. 2014 INTRODUCED BY: Councilor Patti Bushee A RESOLUTION DIRECTING STAFF TO ESTABLISH A CITY OF SANTA FE CLIMATE PROTECTION PLAN AND A CITY OF SANTA FE ENERGY VISION; AND ESTABLISHING A TEAM TO. COLLABORATE WITH PUBLIC SERVICE COMPANY OF NEW MEXICO AND NEW MEXICO GAS COMPANY TO AMEND THE TERMS OF THEIR RESPECTIVE FRANCHISE AGREEMENTS TO ENSURE THAT SUCH AGREEMENTS ARE CONSISTENT WITH THE CITY'S CLIMATE PROTECTION PLAN AND ENERGY VISION. WHEREAS, the City of Santa Fe is proud of its cultural and historical significance among North American Communities; and WHEREAS, the City of Santa Fe Municipal Charter charges the governing body with the responsibility “to secure for ourselves and our children the continuity of our cultural values, our personal freedoms, and our well-being,” declares that “{tJhe natural beauty of Santa Fe” is “among, | the city’s most valued and important assets,” and charges the governing body of Santa Fe to “protect, preserve and enhance the city's natural endowments, plan for and regulate land use and development,10 1 12 2B 14 15 16 7 18 19 20 a 2 23 24 25 Working Draft T8/14 manage the city's growth, encourage source reduction,” and take such actions as are necessary to do so; and WHEREAS, the Governing Body has a record of accepting such responsibilities and acknowledging the reality of climate change, probable effects of climate change on our City, and our ability and responsibility to reduce our contribution to the causes of climate change, as evidenced by the City’s adoption of the following resolutions: © Resolution #2006-55 — Endorsed of the U. S. Conference of Mayors Climate Protection Agreement; © Resolution #2006-127 ~ Called for a City government-wide effort to reduce energy and telecommunication needs; © Resolution #2007-31 — Reestablished the Sustainable Santa Fe Commission whose purpose is to advise the Governing Body with the aim of reducing the City's overall environmental impact in a proactive manner that establishes and standards for sustainable practices; ‘* Resolution #2008-57 ~ Declared the Governing Body’s intention, as an overarching and achievable goal, to reduce the carbon footprint of City government on the environment by a total of twenty percent (20%) within five years; © Resolution #2008-93 — Adopted the Sustainable Santa Fe Plan; © Resolution #2009-45 — Established target goals for the City of Santa Fe’s residential green building code to meet the goals set forth in the U.S. Mayors Climate Protection Agreement; ‘© Resolution #2011-17 — Directed staff to assess the impacts of potential climate change scenarios on the citys water supplies and identify potential mitigation and adaptation measures; ‘+ Resolution #2013-12 — Confirmed the City of Santa Fe’s membership in and supporting10 uw 12 13 14 15 16 v 18 19 20 21 2 23 24 25 Working Draft 128/14 the efforts of the Western Adaptation Alliance and directed staff to reform the Green operations and Team to seek how to both reduce greenhouse gas emissions from Ci engage the public in addressing how the effects of climate change will impact citizens; © Resolution #2013-30 — Adopted “Climate Change and the Santa Fe Basin: A Preliminary Assessment of Vulnerabilities and Adaptation Alternatives” and directed staff to include projected climate change impacts in subsequent water supply and demand planning, policies, and practices; + Resolution #2013-99 — Urged the U.S. Congress to pass legislation that levies an annually increasing revenue neutral fee on the carbon in fossil fuels at the point of production and importation; ‘© Resolution #2014-81 ~ Directed staff, when acquiring fuel powered equipment, including vehicles, to balance the cost of the City’s needs with that of producing the lowest carbon footprint the City would create when using such equipment; ‘* Resolution #2014-85 — Declared the Governing Body’s intent for the City of Santa Fe to become carbon neutral by the year 2040; WHEREAS, the Governing Body through the adoption of Ordinance #2009-9 created the Residential Green Building Code, §7-4.2 SFCC 1987 and through the adoption of Ordinance #2014- 11, created the Residential Addition and Remodel Green Building Code, §7-4.3 SFCC 1987; and WHEREAS, the purpose of the Green Building Codes are to encourage cost-effective and sustainable building methods through conservation of fossil fuels, water and other natural resources, reduction of greenhouse gas emissions, recycling of construction materials, reducing solid waste and improving indoor air quality; and WHEREAS, there is a need to create a City of Santa Fe Climate Action Plan and a Renewable Energy Vision that would consolidate the above initiatives of the Governing Body; and WHEREAS, in order to implement a Climate Action Plan and a Renewable Energy Vision,10 a 2 2B 4 15 16 v7 18 19 20 2a 22 23 24 25 Working Draft 128/14 there is a need to conform the Public Service Company of New Mexico (“PNM”) and New Mexico Gas Company (“NM Gas”) franchise agreements to the long term goals of the City of Santa Fe; and WHEREAS, the Governing Body adopted Ordinance #1974-42 which granted to PNM the right, privilege and non-exclusive franchise to locate, construct, maintain and operate in the city of Santa Fe as a system of works for the generation, transmission and distribution of electricity for use the City and its inhabitants; and WHEREAS, the term of the franchise was for 25 years, however, because of changes to state law, the franchise has continued to operate without a renewal; and WHEREAS, the Governing Body adopted Ordinance #1995-36 which granted NM Gas, formerly PNM, certain powers, licenses, rights-of-way, privileges and franchise to construct, operate, and maintain in the city of Santa Fe, works, systems and plants for the handling, production, ‘manufacturing, transporting, storing, sale and distribution of natural gas into, out of, and through, the city to its inhabitants and others, including customers within, beyond and outside the corporate limits of the city; and to use the streets, avenues, easements, rights-of-way, alleys, highways, sidewalks, paths, bridges and other structures and public places and grounds in the city for a period of twenty- five years. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF SANTA FE that staff is directed to establish a City of Santa Fe climate protection plan and a City of Santa Fe energy vision that shall be presented to the Governing Body within sixty (60) days of adoption of this resolution. BE IT FURTHER RESOLVED that the Goveming Body hereby delegates to the city manager the authority to establish a team to collaborate with PNM and NM Gas to amend the terms of their respective franchise agreements to ensure that such agreements are consistent with the City’s climate protection plan and energy vision. Section 1. The City’s team shall consist of a representative of the city attorney's office10 a 2 2B 14 15, 16 7 18 19 20 24 22 23 24 25 Working Draft 12/8/14 and two representatives whose specialties are in climate protection and renewable energy. Section 2. Members of the Governing Body may submit names for consideration by the city manager. Section 3. The City’s renewable energy planner shall serve as the City’s team liaison, BE IT FURTHER RESOLVED that the City Clerk is directed to forward a copy of this resolution to the chief executive officers of PNM and New Mexico Gas Company. PASSED, APPROVED AND ADOPTED is__ day of. »2015. JAVIER M. GONZALES, MAYOR ATTEST: YOLANDA Y. VIGIL, CITY CLERK APPROVED AS TO FORM: KELLEY A. BRENNAN, CITY ATTORNEY. MMelissa/Resolutions 2014/PNM_NMGAS FranchisesROMERO, BERNADETTE B. eee ee From: BUSHEE, PATTI. Sent: Friday, December 12, 2014 11:02 AM To: ROMERO, BERNADETTE B. Subject: Fwd: Ray Sandoval Begin forwarded message: From: "BYERS, MELISSA D." Date: December 8, 2014 at 2:16:49 PM MST To: "BUSHEE, PATTI." Subject: Ray Sandoval Councilor: | Just talked to Ray Sandoval...he will send back comments on the resolution as soon as PNM has reviewed, Melissa Melissov Melissa D. Byers, Legislative Liaison City Attorney's Office City of Santa Fe P.O. Box 909 Santa Fe, NM 87504-0909 (505)955-6518 mdbyers@santafen ovROMERO, BERNADETTE B. From: BUSHEE, PATTI J. Sent: Friday, December 12, 2014 11:02 AM To: ROMERO, BERNADETTE B. Subject: Fwd: MARKED UP DRAFT RESOLUTION Attachments: PNM_NMGAS MOU Mark up.paf; ATTOOOO1 htm; PNM_NMGAS MOU Mark up.doos ‘ATTO0OOZ.htm Sent from my iPhone Begin forwarded message From: "Ray Sandoval” To: "BUSHEE, PATTI J." Subject: MARKED UP DRAFT RESOLUTION Please vee attehed10 2 a 8 6 ” 9 0 a 2 25 Working Drah 12014 CITY OF SANTA FE, NEW MEXICO RESOLUTION NO. 2014. INTRODUCED BY: ‘Councilor Pat Bushee A RESOLUTION DIRECTING STAFF TO ESTABLISH A CITY OF SANTA FE CLIMATE PROTECTION PLAN AND A CITY OF SANTA FE ENERGY VISION: AND ESTABLISHING & TEAM TO SERVICE COMPANY OF NEW MEXICO AND NEW COLLABORATE. WITH PUBL MEXICO GAS COMPANY TO REACH A MEMORANDI NDERSTANDINGS THAT ERGY [ARE CONSISTENT WITH THE CITY'S CLIMATE PROTECTION PLAN AND & VISION. WHEREAS, the City of Santa Fe is prov of its cultural and historical sigiieaoe among North American Communities; and WHEREAS, the Ci of Santa Fe Municipal Chorer charges the governing bady with the responsibly “to secure for ourselves and our children the continuity of our cultural values, our personales and our well-being” declares hat “ihe natural beauty of Santa Fe" “among the city's most valued and important ase” and charges the governing ody of Santa Fe to “protet, preserve and enhance the cys natural endowments, plan fr and regulate land use and development, manage the ciy's growth, encourage source redaction," and take sch ations as are necessary 1 do3 a“ 5 6 8 19 2 2% 2s Working Draft 1284 sand WHEREAS, the Governing Body has « recor of aesepting such responsibilities and acknow edging the ely of lite change, probeble effets of climate change on our City, and ur bly and responsibilty to rice or contrition tothe causes of late change, as evidenced by the City’s adoption eslutins: WHEREAS, theresa nee to create a City of Sana Fe Climate Acton Plan and Renewable Eneay Vision that would consolidate the jiiatives ofthe Governing Body; and WHEREAS, inorder fo implementa Climate Action Plan and a Renewable Energy Vision, thers a need to glabra hth Public Service Company of New Mexico ("PNM") and New. at pein as SSRN ca ry mete cos Action Pan, ection 1____‘The City’s eam shall consist ofa repessniatve of ts city atounes office nd senewabl net. Mexico Gas Company ("NM Gas") 0 stne nsmoranduns of agrsment Bete the iy ‘Mirae Ae an a ‘emetic fee scng ine fc NM: ands itv and NM Cis | Foeedapresmpit eae SSUES gate neon + Sige dara abel se te : | Ese eee NOW, THEREFORE, BE IT RESOLVE! E GOVERNING BODY 0 IYOF || Reoksontlnp. cele US Conger, | SRR AE aca nog rr oar STA FE ta als diested fo develop» iy of Sant Fs Enesy Action Pan tat omens he || | peony" Aether sevestebsen et » Vision that hall be presente tv within iy (0) ys of a ofthis esulution, | | [BE IT FURTHER RESOLVED ong the Sania Be Enemy Acton Plan is adonisl he | Blog cue are ond NM Gas on memorandums of understanding desing cooperation with he City in sumpor of ( TRIRUAS ere i als ‘he Cin’s Encgy Acton Plan, and ssnewal of de PNM and NM Gas anshise, governing uses of iy Delegate i uct an sight-f-ay, i ond 0 ono nel a efcent implementation ofthe City’s Enea eee {=a (Fernand Rod Gav Forat AI) eiaraalgmeneneiSeedemtasndae | etre eter ee techn aoe ‘fen wearer atn & Fa 6 ” 18 8 2» 2 Working Dra 1al4 Ssston2. Ths Cip’s renewable cnerey planer shall serve ashe iy team aon [BE IT-FURTHER RESOLVED thatthe City Cle dicted 0 furwand a copy of this salton woe hie exceusive officers of PNM and NM Gas, PASSED, APPROVED AND ADOPTED this_ dy of, ous. JAVIER M, GONZALES, MAYOR Artest YOLANDA Y. VIGIL, CITY CLERK APPROVED AS TO FORM: KELLEY A, BRENNAN, CITY ATTORNEY sels Resitoe 2014 7X NMGAS Fronches Sawecaeee (eseraeeeece eet EER Gp ici ttanewte |RNind No tege Gace ee10 n 2 3B Fn 1s 16 ” 19 20 2 2 Fy 24 25 Working Draft 12/4 CITY OF SANTA FE, NEW MEXICO RESOLUTION NO. 2014-__ NTRODUCED BY Couneilor Pati Bushee A RESOLUTION DIRECTING STAFF -TO ESTABLISH A CITY OF SANTA FE CLIMATE PROTECTION PLAN AND A CITY OF SANTA FE ENERGY VISION; AND ESTABLISHING A TEAM TO COLLABORATE WITH PUBLIC SERVICE COMPANY OF NEW MEXICO AND NEW MEXICO GAS COMPANY TO AMEND —FHE—-FERMS—OFFHEIR_RESPRCHVE FRANCHISE AGREEMENTS —T0.—ENSUREREACH MEMORANDUM _OF UNDERSTANDING ‘THAT SECH-AGREEMENTS-ARE CONS! CITY'S CLIMATE PROTECTION PLAN AND ENERGY VISION. WHEREAS, the City of Santa Fe is prod ofits ealtral and historic significance among ‘Now American Communities: and WHEREAS, the City of Sama Fe Municipal Charter charges the governing body withthe responsibilty “wo secure for ourselves and our children the continuity of our cultural values, our personal freedoms, and our well-being,” declares that “tho natural Beauty of Santa Fe” is “among the city’s most valued and important assets,” and charges the governing body of Santa Fe to “protect, preserve and enhance the city’s natural endowments, plan for and regulate land use and development,10 u 2 13 “ as 16 ” 8 Fey 20 a 2 2B 2 Fy Working Draft 12a manage the city’s growth, encourage source reduction,” and take such ations as are necessary to do sojand WHEREAS, the Governing Body has a record of accepting such responsibilities and acknowledging the reality of climate chang, probable effets of elimate change on ou City, nd our hiliy and esponsibility to reduce our contribution to the eases of climate change, a evidenced by the Ciy's adoption of the ollosng resolutions: Agreement, Reem 8200-127 Calld-for4-Cis-gorerinenewide aot torres anes + Resolution 4201-17 —Dirwcted stato assess the- Impacts oF potential timate change seonitie-on-the ei ser supplier and-identify- pote mitigation and-odeptation So encod, =10 au 2 3 u a5 16 ” 8 19 20 a n 2 Fa 2 Working Draft 12/4 sehiolsc to balance she ost oF the City's need sit-that- oF producing the lowest carbon ‘Resprint the City-woukd erent shan sing tc equipment + Revelution-#2014-85—Deolared the Governing Body's intent for te City oF Santa Feo WITEREAS, there is a need to create a City of Santa Fe Climate Action Plan and @ Renewable Energy Vision that would consolidate the above intatives ofthe Goveing Body; and WHEREAS, in order to implement a Climate Action Plan and a Renewable Energy Vision,10 u 2 3 4 5 16 v 18 13 20 a 2 a 24 2s Working Draft 124 there is a need to sanform collaborate with the Publie Service Company of New Mexico (“PNM”) and New Mexico Gas Company (*NM Gas") fnohise agreements tothe longterm gous oF the City oF Sane-Fsto reach respective memorandums of agreement between. the city and PNM and the city NM Gas: and ee A = “ e igh pivlege-end-nonrescasive franchise locate constructy-msinainachoperstein-thecits-oF [HEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF 1 NTA FE tht staf is directed to develop ¢ City of Sania Fe Energy Action Plan that promotes the City Energy Vision that shall be presented to the Governing sist (60) days of adoption af this resolution _BE IT EURTHER RESOLVED once the Santa Fe Energy Action Plan is adopted by the Govorning Body. thatthe city manager is required to establish a City team to collaborate with PNM Ea oeemin)20 n 2 3 4 15 16 v 18 19 20 2 2 23 2 2s Working Draft 12614 snd NM Gas on memorandums of understanding, dressing cooperation with the City in sunpeet of the City’s Energy Action Plan and renewal ofthe M Gas franchises, governing uses of sity treats and righissofway, in onder to ensure timely and efficient implementation of the City's nergy Action Plan, Section 1, ‘The City’s team shall consist ofa representative of the city atomey’s office nud two representatives, Doug Howe and Stoven Michel, whose specials are in climate preston sndLnenewableenergs. Section 2, ‘The Ciy’s renewable energy planner shall serve asthe City’s eam i BE IT FURTHER RESOLVED that the City Clerk is directed to forward ¢ copy of this ‘othe chief executive officers of PNM and NM Gis.10 u 2 2 u Fa 16 v 18 19 20 Working Draft 128/14 rslaton othe shiek executive ofioonsof PNM and Nave Menon Ci Company: PASSED, APPROVED AND ADOPTED this__ day of. 2015. JAVIER M. GONZALES, MAYOR ATTEST; ‘YOLANDA Y. VIGIL, CITY CLERK APPROVED AS TO FORM: KELLEY A, BRENNAN, CITY ATTORNEY eat Ress 2014 PM NMCASFrmchiesROMERO, BERNADETTE B. ae From: BUSHEE, PATTI J. Sent: Friday, December 12, 2014 11:01 AM To: ROMERO, BERNADETTE B. Subject: Fwd: title and therefore Sent from my iPhone Begin forwarded message: From: Ray Sandoval Date: December 9, 2014 at 10:08:50 AM MST ‘To: "BUSHEE, PATTI J.” Subject: title and therefore A RESOLUTION DIRECTING STAFF TO ESTABLISH A CITY OF SANTA FE CLIMATE ACTION PLAN AND A CITY OF SANTA FE ENERGY VISION; ESTABLISHING A TEAM TO COLLABORATE WITH PUBLIC SERVICE COMPANY OF NEW MEXICO AND NEW MEXICO GAS COMPANY TO COLLABORATE WITH EACH UTILITY TO STRIVE, TO REACH MEMORANDUMS OF UNDERSTANDING THAT ARE CONSISTENT WITH THE CITY’S CLIMATE ACTION PLAN AND ENERGY VISION; AS WELL AS CONSIDER AMENDING THE UTILITIES’ EXPIRED FRANCHISE AGREEMENTS. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF SANTA FE that the City of Santa Fe Climate Action Plan that promotes the City Energy Vision be presented to the Governing Body within sixty (60) days of adoption of this resolution. Section 1. The City’s team shall consist of a representative of the city attorney’s office and two representatives, Doug Howe and Steven Michel, whose specialties are in climate protection and renewable energy.Section 2. The City’s renewable energy planner shall serve as the City’s team liaison, BE IT FURTHER RESOLVED the Santa Fe Climate Action Plan by brought before the Governing Body for consideration, BE IT FURTHER RESOLVED that upon Adoption of the Santa Fe Climate Action Plan, the city manager is required to establish a City team to collaborate with PNM and NM Gas on separate memorandums of understanding, addressing cooperation with the City in furtherance of the City’s Climate Action Plan, and consideration of renewal of the PNM and NM Gas franchise agreements, governing uses of eity streets and rights-of-way, in order to ensure timely and efficient implementation of the City’s Climate Action Plan. attorney's are in Scetion 1. The City’s team shall consist of a representative of the ci office and two representatives, Doug Howe and Steven Michel, whose speci climate protection and renewable energy. Section 2. The City’s renewable energy planner shall serve as the City’s team liaison. BE IT FURTHER RESOLVED that the City Clerk is directed to forward a copy of this resolution to the chief executive officers of PNM and NM Gas.ROMERO, BERNADETTE B. BUSHEE, PATTIJ. Friday, December 12, 2014 11:01 AM ROMERO, BERNADETTE B. Fwd: [External] Councilor Bushee’s Resolution Sent from my iPhone Begin forwarded message From: "BYERS, MELISSA D." Date: December 10, 2014 at 9:07:43 AM MST. To: "Sandoval, Raymond" 'BUSHEE, PATTI J." Subject: RE: [External] Councilor Bushee's Resolution Thank you! From: Sandoval, Raymond [mailto:Raymond.Sandoval@pnm.com] ‘Sent: Wednesday, December 10, 2014 8:24 AM To: BYERS, MELISSA D. Cc: BUSHEE, PATTI J. ‘Subject: Re: [External] Councilor Bushee's Resolution PNMM's representatives will be: Ron Darnell, PNM Senior Vice President for Public Policy. Raymond G. Sandoval, PNM Santa Fe Community and Governmental Relations. Please forgive ony typos as! am sending from my phone. Thank you! Ray Raymond G Sandoval Santa Fe Community Relations PNM Resources 528 Don Gaspar Santa Fe, New Mexico 87501 (505) 438-6987 Office (505) 428-9013 Mobile (505) 241-4361 FaxSent from my iPhone ‘On Dec 9, 2014, at 4:34 PM, BYERS, MELISSA D. wrote: Councilor: Per our discussion today, attached is the latest version of the resolution. | have copied staff on this email since they have not been in the loop. | will call Ray now and then we will call you. Melissa Melissa D. Byers, Legislative Liaison City Attorney's Office City of Santa Fe P.0, Box 909 Santa Fe, NM 87504-0909 (505)955-6518 mdbyers@santafenm.gov ROMERO, BERNADETTE B. eee oe ee From: BUSHEE, PATTI J. Sent: Friday, December 12, 2014 11:01 AM To: ROMERO, BERNADETTE B. Subject: Fwd: [External] Councilor Bushee's Resolution Sent from my iPhone Begin forwarded message: From: "Sandoval, Raymond” Date: December 10, 2014 at 8:24:00 AM MST To: "BYERS, MELISSA D." : "PATTI J, BUSHEE" Subject: Re: [External] Councilor Bushee's Resolution PNM's representatives will be: Ron Darnell, PNM Senior Vice President for Public Policy. Raymond G. Sandoval, PNM Santa Fe Community and Governmental Relations. Please forgive any typos as | am sending from my phone. Thank you! Ray Raymond G Sandoval Santa Fe Community Relations PNM Resources 528 Don Gaspar Santa Fe, New Mexico 87501 (505) 438-6987 Office (505) 428-8013 Mobile (505) 241-4361 Fax Sent from my iPhone ‘On Dec 9, 2014, at 4:34 PM, BYERS, MELISSA D. wrote: Councilor:Per our discussion today, attached is the latest version of the resolution. | have copied staff on this email since they have not been in the loop. |! will call Ray now and then we will call you. Melissov Melissa D. Byers, Legislative Liaison City Attorney's Office City of Santa Fe P.O, Box 909 Santa Fe, NM 87504-0909 (505)955-6518 mdbyers@santafenm.gov ROMERO, BERNADETTE B. From: BUSHEE, PATTI Sent: Friday, December 12, 2014 11:00 AM To: ROMERO, BERNADETTE B. Subject: Fwd: thank you and some information Sent from my iPhone Begin forwarded message: From: Ray Sandoval Date: December 10, 2014 at 12:00:39 PM MST To: "LINDELL, SIGNE I." , "CARMICHAEL A. DOMINGUE: , "RONALD S$. TRUJILLO" , "BUSHEE, PATTI J." , , Subject: thank you and some information Councilors ‘Thank you for having the courage to take the first step to make this important partnership. I have included some LICKS ABOVE to documents for your review and as always I am here for questions and/or concerns. | just wanted to take a moment to give you some information. ‘Two things I wanted to point out one is about San Juan and the true story that is not being told ‘When the EPA enforced that haze rule, The EPA solution was to add four scrubbers on the existing four coal plants and pass the billion dollars of cost on to ratepayers. It was our CEOs vision and courage that decided on a different path which was to close down two units as a signal that we need to stop our reliance on fossil fuels. CLICK HERE. for SAN JUAN FACT SHEET Many of you have heard that PNM is adding more coal, this is what we in politics call funny math, the total amount of coal is being reduced unfortunately itis not being reduced by our original estimate but is still significant. (I have attached a fact sheet on the actual reduction in coal) CLICK HERE FOR COAL FACT SHEET ‘The other thing that I would like to bring to your attention which shows that we are not the evil Empire, we are ‘working on a battery storage and smoothing process Although many of our opponents ask why so many solar farms are going up on state land and we are exporting that energy to California and Texas, the answer is clear: New Mexico does not have the daytime economy (office buildings manufacturing colleges and population that these other states have that drive a daytime economy; which can use the solar energy as it's produced) in order to truly move to a 100% renewable battery storage on a large scale ‘must be solve two technological problems. CLICK HERE FOR PNM'S SOLAR FACTSHET. ‘The first problem is storage on a large seale and the second is smoothing, because voltage drops when clouds come over orthe wind spikes or stops technology to smooth the voltage current is necessary to maintain a reliable steady stream of energy. am very proud of my company for starting the prosperity project with the department of energy just outside of |ATION UTILITY STORAGE PROS‘Any of you are welcome to come take a tour as many scientists and engineers from around the globe are trying to solve the storage and smoothing problems together. ‘Once these two technologies are mastered we can finally move out ofthe fossil fuel game permanently. ‘This team that you're supporting will have direct di ventures that we can agree on and will have far ra logue with our company and the pilot projects and other jeations not only for our city but for our state. Sincerely RayROME! From: Sent: To: Subject: RO, BERNADETTE B. BUSHEE, PATTI. Friday, December 12, 2014 10:59 AM ROMERO, BERNADETTE 8 Fwd: 2 pm Sent from my iPhone Begin forwarded message: From: Ray Sandoval Date: December 10, 2014 at 1:06:04 PM MST To: "BUSHEE, PATTI J." Subject: Re: 2 pm Statement from Ron Darnell, Senior Vice President of Public Policy, PNM December 10, 2014 PNM is fully willing to participate and collaborate with the City of Santa Fe to provide residents with reliable power at affordable rates while achieving shared environmental values and goals. Councilor Bushee’s resolution shows leadership by bringing together all the major stakeholders to address important and complex issues. We believe that positive results come out of honest collaboration with communities that reflect all of our diverse customer needs and values. Our investments in renewable energy, including those already serving Santa Feans and future investments planned for the Santa Fe area, customer energy efficiency programs and transportation initiatives will provide a basis for working together on future initiatives. We welcome this new opportunity to collaborate with the City of Santa Fe to continue the strides we have made and light the way to a better future for all of us. PNM isa hometown company and for over a century has employed hundreds of our families, friends and neighbors, invested millions into our community, and provided Santa Feans with affordable, reliable and environmentally sensitive energy. We have served Santa Fe residents since 1946 and have invested $40.6 million dollars into the Santa Fe system in just the last five years.On Wed, Dec 10, 2014 at 12:59 PM, BUSHEE, PATTI J. wrote: ‘Do you know her? Sent from my iPhone Begin forwarded message: From: Tina Jensen Date: December 10, 2014 at 10:54:13 AM MST. To: "pjbushee@santafenm.gov" Subject: 2 pm Hi Councilor Bushee, I'd like to pitch this as a story, but it's unclear what this is about. Can you please elaborate? ‘Tina Jensen KRQE Reporter @TinalensenKRQE 505) 270-1891 Sincerely RayROMERO, BERNADETTE B. From: BUSHEE, PATTI Sent: Friday, December 12, 2014 10:59 AM Te ROMERO, BERNADETTE 8. Subject: Fwd: this came from our Excel rep Sent from my iPhone Begin forwarded message: From: "Sandoval, Raymond" Date: December 10, 2014 at 1:47:32 PM MST To: "mdbyers@ci.santa-fe.nm.us" Ce: Patti Bushee , "CARMICHAEL A. DOMINGUEZ" Subject: this came from our Excel rep ‘Advisors and Transparency. The Board shall arrange opportunities for advocates and advisors, including representatives from critical communities within the City, such as business, neighborhoods, environmental justice, technical, and City staff, to provi information and materials to the Board. In order to facilitate the transmittal of such information to the Board, the Board shall require public notice of public hearings for the public to provide feedback on the Team's work,work plan and measurement of deliverables; researching special initiatives as requested by the Board; and, providing outreach and promotion of Board initiatives as directed by the Board. Ad hoc advisory committees may be established by the Board at its discretion. Raymond G. Sandoval Santa Fe Community Relations 528 Don Gaspar Ave Santa Fe, NM 87505 (c) 505-796-249 (0) 505-438-6987 raymond sandoval@pnmresources.comROMERO, BERNADETTE From: BUSHEE, PATTI Sent: Friday, December 12, 2014 10:57 AM To: ROMERO, BERNADETTE B Subject: Fwd: [MARKETING] Price Increase Request for Jan. 1, 2016 Sent from my iPhone Begin forwarded message: From: "Ray Sandoval, PNM Community Relations" Date: December 11, 2014 at 5:55:21 PM MST To: Subject: [|MARKETING] Price Increase Request for Jan. 1, 2016 Reply-To: = Keeping you Informed. Councilor Bushee Councilor hope to see you tomorrow night!We understand no one likes paying more for anything, and electricity is no different. Because we value our relationship, we want to inform you about a proposed change that impacts you. PNM has filed a request with the N.M. Public Regulation Commission to increase electricity rates beginning Jan.1, 2016. This request is about ensuring you continue to receive reliable service ‘and move towards a cleaner electric supply. Approximately 92 percent of the requests to recover$585 million in system improvements incurred to serve our customers from 2010 through 2016. To recover those investments we are proposing an overall retail rate increase of 12 percent. The net impact, however, will be 7.7 percent as some offsetting changes will occur at the same time. The average homeowner will see a price increase of about $9.75 per month, or 32 cents per day. We take price increases seriously and have kept expenses down. PNM's operating and maintenance costs have only increased 0.2 percent a year since 2010, well below the inflation rate. These investments have improved and maintained the electric system ~ provided strong relabilty, and increased the use of cleaner resources, including natural gas, solar and wind. These investments include © Four new solar centers online by 2016 ($79 million) capable of powering 16,200 average homes: © La Luz Natural Gas Plant online 2016 ($56 milion), to serve customers when demand is. highest, to support renewable energy growth and ensure reliable power under a variety Of grid conditions; ‘* Emission contro! equipment at San Juan Generating Station to comply with federal haze regulations (Selective Non-Catalytic Reduction equipment to reduce NOx emissions, $81 milion); + Critical resources for the future: purchasing Rio Bravo Generating Station Natural Gas Plant ($38 million) and purchasing some of the leased assets at Palo Verde Nuclear Generating Station Unit 2 ($163 million); and Investments to keep our electric system reliable, including a $30 milion investment at PNM''s Rio Puerco Switching Station, a critical hub in our transmission system, $8 milion for substation hardening to increase security, and modemizing our distribution system operations center. {As part of this request the company is also proposing changes to our electric rate pricing structure to better align rates with how customers use our system. Proposed changes to the electric rate pricing structure are: ‘+ ARevenue Balancing Account pilot program, also known as decoupling, designed to ‘support recovery of fixed costs that are critical to service reliability, similar to fuel adjustments that are regularly recovered; «The proposed changes to rate structure include an economic development tariff to ‘support state and local efforts to retain and attract companies that provide economic based jobs, ‘+ Acistributed generation interconnection fee, applied only to new rooftop solar customers after Jan. 1, 2016, ensure that these customers pay their use of the system. ‘We remain committed to providing you with affordable, reliable and environmentally responsible electricity. We also recognize that any price increase will have an impact on our customers.To lear about energy-saving and assistance programs or how PNM is making our power supply cleaner and more reliable and for more information about why PNM is requesting a price increase, visit www,PowerforProgress.com.Ifyou have Immediate questions and/or concerns regarding the upcoming rate case or while we are ironing out the rate case details, if | can be of immediate assistance to you regarding any issue, constituent concerns or customer needs regarding PNM please feel free to contact me at any time, my email address .sandoval@pnmresources.com and my cell phone is 505.428.9013. ‘Thank you for taking the time to read this, | ook forward to working with you, Ray Ray Sandoval, PNM Community Relations eu EN en age cues STAY CONNECTED Honea 9 Safounsubseribs “This email was sent to pibushee@santafenm.qov by reymond.sandaval@pnmresources.com Undate Profile/Email Address Rapid removal with SafeUnsubscnbe™ privacy Poly. PNM Resources 528 Don Gaspar | Santa Fe | NM | 87505ROMERO, BERNADETTE B. eee eee From: BUSHEE, PATTIJ. Sent: Friday, December 12, 2014 10:54 AM To: ROMERO, BERNADETTE B. Subject: Fwd: Ray Sandoval Sent from my iPhone Begin forwarded message: From: "BUSHEE, PATTIJ." Date: December 8, 2014 at 2:32:25 PM MST To: "BYERS, MELISSA D." ‘Subject: Re: Ray Sandoval Melissa Please send me the resolution. Sent from my iPhone (On Dec 8, 2014, at 2:16 PM, BYERS, MELISSA D. wrote: Councilor: | just talked to Ray Sandoval...he will send back comments on the resolution as soon as PNM has reviewed. Melissa Melissa Melissa D. Byers, Legisative Liaison City Attorney's Office City of Santa Fe .0. Box 909 Santa Fe, NM_ 87504-0909 (505)955-6518 mdbyers@santafenm.govROMERO, BERNADETTE B. From: BUSHEE, PATTIJ. Sent: Tuesday, December 02, 2014 6:38 PM To: BYERS, MELISSA D,; Ray Sandoval Subject: Fwd: signing on for solar energy ‘Attachments: Civic Leaders Letter for Solar Energy.docx, ATTOOOOL htm ‘These are the type of easily achieved outcomes to consider in our "Energy Vision". Sent from my iPhone Begin forwarded message: From: Breanna Ryan Date: December 1, 2014 at 11:41:28 AM MST ‘To: Subject: signing on for solar energy Dear Council Member Bushee, I work with Environment New Mexico, an environmental advocacy non-profit, and I'm reaching out to you about a letter we are circulating to elected officials in our state. The letter (see attached) urges Governor Susanna Martinez to commit to a concrete goal to support solar energy that would make a huge difference for the future of our environment and our communities. Our organization's new report shows that New Mexico could meet 25% of our energy needs from solar by 2025. The average growth rate of solar installations in our state over the past three years is 81%. Even if the average rate slowed to a third of that, the 25% by 2025 solar goal remains feasible. Yet to ensure that we meet our solar capacity, we must keep moving forward and prioritize solar in our state's energy future. Will you sign our letter urging Governor Martinez. t0 commit to the 25% by 2025 solar goal? ‘Thank you for your time. Let me know if you have any questions or comments. Best, Breanna Ryan Environment New Mexico P.O. Box 40173 Albuquerque, NM 87196 cell: 928-814-9450work: 505-254-2090Dear Governor Martinez, ‘As local and state civic leaders, we encourage you to make solar energy a key element of New Mexico's energy future. By using solar energy to power our homes, businesses, schools, farms and government buildings, we can reduce pollution, lower energy bills and boost local economies. Yet, currently only a small fraction of ‘New Mexico's power comes from the sun Solar is growing, in our state and across the country. Over the past three years solar capacity in New Mexico grew an average of 81 percent per year. In the first half of 2014, more than half of the new electric power capacity installed in the U.S. was solar. Recent progress shows we can take it to the next level Solar helps the environment, but it also boosts local economies. The solar industry jobs grew ten times faster than the rest of the economy in 2013. New Mexico Is home to over 1,900 jobs and counting. The price of solar drops each year, making ita sound investment that will be competitive with oll in @ few short years, Using more solar energy here in New Mexico will help to protect our environment while creating additional local jobs that cannot be outsourced. By committing New Mexico to expanding solar, we are investing in a virtually limitless energy source ‘with no fuel costs. For the sake of our environment, our health, and the economy, we ask that you join Us in committing the state to getting 25 percent of our power from the sun by 2025. The cost of air and water pollution from fossil fuels is growing, along with the threats posed by climate change. Please help to set strong goals for solar in New Mexico, to put us on a path to clean energy leadership, Sincerely,Minneapolis City of Lakes Office of the City Attorney Suant Sep a October 21, 2014 0 Suh het Roo 210 Nesape wees otis 12 32019 Cratisen Fox 812 6732 Cine Oison Fx 612 673218 (GADFAL 612 673512 Ty 612 6792151 Jennifer Thulien Smith Xcel Energy Assistant General Counsel 414 Nicollet Mall, 5" Floor Minneapolis, MN 55401 Re: Memorandum of Understanding Clean Energy Partnership Dear Jennifer, Please find enclosed an original of the executed Memorandum of Understanding/Clean Energy Partnership between the City and Xcel Energy. Sjacayely, PETER W. GINDER Deputy City Attorney (612) 673-2478 Enclosure PWG:hhp ven cmevapiim Amati Aon EmployMemorandum of Understanding Clean Energy Partnership This Memorandum of Understanding (the “Memorandum"), effective as of October 17, 2014, sets forth certain understandings and agreements among the City of Minneapolis (the “City’), and Northam States Power Company d/b/a Xcel Energy, (‘Xcel Energy’), each duly organized and existing under the laws of the State of Minnesota (each a ‘Party’ and collectively the "Parties”) concerning cooperation and achievement of the City’s energy goals through a collaborative effort (the “Clean Energy Partnership’). RECITALS WHEREAS, on June 28, 2013, the City adopted its Climate Action Plan (‘the Plan’), which seeks to reduce greenhouse gas emissions by 15% by 2018, 30% by 2025, and 80% by 2050, all from a 2006 baseline; and WHEREAS, the Plan further provides for an increase in electricity from local and renewable energy sources consistent with the City’s Climate Action Plan goals, for significant energy efficiency improvements in the residential, commercial, and public sectors; for advancing eq in infrastructure and environmental benefits; and for assessing and building the resiliency of energy infrastructure in the City; and WHEREAS, the City has adopted an Energy Vision, which provides that “in 2040, Minneapolis’ energy system will provide reliable, affordable, local, and clean energy services for Minneapolis homes, business, and institutions. It will sustain the city’s economy and environment and contribute to a more socially just community’; and WHEREAS, the City has granted Xcel Energy a franchise to construct, install, enlarge, operate, repair and maintain in, on, over, under and across the streets, alleys and public grounds of the City, an electric distribution system and electric transmission lines for the purpose of transmitting electricity into, from and through the City and the City and Xcel Energy have negotiated the terms and conditions of a franchise to take effect January 1, 2015, in reliance upon this Memorandum, and WHEREAS, Xcel Energy plays an important role in the City’s achievement of its energy goals; WHEREAS, Xcel Energy has committed to cooperate with the City in support of the City’s efforts to achieve the City’s energy goals; and WHEREAS, the Parties desire to set forth the terms and conditions of their collaborative efforts; NOW THEREFORE, in consideration of the mutual obligations of the Parties hereto, which the Parties acknowledge constitutes adequate and sufficientconsideration, each Party does hereby covenant and agree that the following provisions constitute the legally binding and enforceable agreement of the Parties. 4. Orderly Planning, The intent of this Memorandum is to facilitate the Parties’ pursuit of the City’s energy goals. Pursuant to the terms of this Memorandum, the Parties intend jointly and cooperatively to study, prioritize, plan, coordinate, implement as reasonably possible and permitted, market, track, and report progress on ciean energy activities in the City in support of the City's Plan and 2040 Energy Vision (the "Work’). The Parties shall determine the tasks necessary to achieve these goals, direct the execution of tasks, and report the results of these tasks. The Parties shall harness available resources to advance the City's energy goals, and shall consider and prioritize the listing of goals. 2. Leadership. As a means to facilitate timely and orderly performance of the Work, there is hereby established a “Board” consisting of officials appointed by each Party as well as CenterPoint Energy. Xcel Energy shall each designate senior officials with the authority to bind the company to serve on the Board. The City shall designate elected officials land the City Coordinator to serve on the Board. Xcel Energy and CenterPoint Energy shall have an equal number of appointees. The number of appointees by the City shall equal the total number of appointees by Xcel Energy and CenterPoint Energy. Although each member of the Board serves at the pleasure of the appointing Party, the Parties acknowledge and agree upon the need to preserve continuity in the membership of the Board and to avoid disruption of the Work. At the first meeting of the Board, the members shall determine who shall chair the meetings, and the assignment of any other duties. 3, Deliverables. The Board shall determine the Work to be performed within a set timeframe, typically on a biennial basis (the “Work Plan’). The Work Plan for each time period shall detail the deliverables to be presented. The Parties will use their best efforts to achieve such deliverables, The Board will prepare a report on the Work performed and the results achieved on an annual basis. .In prioritizing the Work to be performed in a specific Work Plan, the Board will consider the goals of the City's Climate Action Plan and 2040 Energy Vision as well as regulatory requirements in Minnesota law. Options for the Board to consider in its Work are included in the attached Exhibit A. 4. Meetings: Staffing. The Board shall meet at least quarterly. The Parties each commit to provide staff and resources appropriate to complete the Work. 5. Advisors. The Board shall arrange opportunities for advocates and advisors, including representatives from critical communities within the City, such as business, neighborhoods, environmental justice, technical, and City staff, to provide information and materials to the Board. In order to facilitate the transmittal of such information to the Board, the Board shall appoint members representing these critical communities to a standing advisory committee which shall be charged with reviewing and providing feedback on the biennial work plan and measurement and performance reports; researching special initiatives as requested by the Board; and, providing outreach and promotion of Board initiatives as directed by the Board. Ad hoc advisory committees may be established by the Board at its discretion.6. Authority: Cooperation. The Parties acknowledge and agree that each Party has the requisite power and authority to execute and carry out the terms and provisions of this Memorandum. To the Parties’ knowledge, except for the City Council of the City of Minneapolis, no consent, authorization or approval by any governmental or public body or authority is required in connection with the execution and performance by each of the Parties of this Memorandum. The Parties recognize that future action taken by Xcel Energy to support the City’s energy goals may be subject to state regulatory utility requirements in Minn. Stat. Chapters 216B, 216C and other applicable laws and regulations. If the Parties agree on certain actions in support of the City’s energy goals that require state regulatory approval, they agree to cooperatively work together to seek necessary approvals or regulatory changes to facilitate such regulatory approvals. 7. Termination. This Memorandum shall automatically terminate upon termination or expiration of a City franchise with Xcel Energy. This Memorandum may be terminated by either Party upon sixty days written notice to the other Parties. 8. Ordinances. Nothing in this Memorandum constitutes a waiver of the City ordinances or the City’s regulatory jurisdiction or the State's utility regulatory jurisdiction. 9. Binding Obligation. This Memorandum will inure to the benefit of the Parties hereto and shall be binding on them and their respective legal representatives, successors, ‘and assigns. Provided, however, no Party hereto may assign any of its rights herein to any person without the prior written consent of the other Parties which shall not be unreasonably withheld. 10. Entire Memorandum. This Memorandum constitutes the entire agreement between the Parties and supersedes all prior oral or written agreements, understandings, representations, and warranties relating to the subject matter of this Memorandum. All exhibits, attachments, and recitals referred to in this Memorandum are incorporated and Geemed to be part of this Memorandum. Any changes or waivers of provisions of this Memorandum shall only be valid when they have been reduced to writing and signed by the Parties as an amendment to this Memorandum. Headings are provided for convenience and are not a part of this Memorandum. 14. Goveming Law. This Memorandum will be governed by and construed in accordance with the laws of the State of Minnesota (exclusive of conflicts of law principles) Nothing in this Memorandum limits or waives the rights or limits provided to the City as a municipality under Minnesota Statutes Chapter 466. Nothing in this Memorandum limits or waives the rights or limits provided to Xcel Energy as a utility under Minn. Stat. Chapter 2168, 246C and other applicable laws and regulations. 12. No Presumption Against Drafter, This Memorandum has been negotiated at arm's length and between Parties sophisticated and knowledgeable in the matters dealt with herein, In addition, each Party has been represented by experienced and knowledgeable legal counsel Accordingly, this Memorandum shall be interpreted to achieve the intents and purposes of the Parties, without any presumption against a Party responsible for drafting any part of this Memorandum.43. No Joint Venture or Partnership. It is agreed that nothing in this Memorandum shall be deemed or construed as creating a joint venture, trust, partnership, or any similar legal relationship among the Parties. Each Party shall be responsible for its own obligations under this Memorandum. 14. For the Benefit of Parties Only. This Memorandum is for the benefit of the signing Parties only. ‘There are no third party rights created by this Memorandum and there are no third party beneficiaries entitled to the benefits of this Memorandum, 45. Notice, Any notice permitted or required by this Memorandum shall be made in writing and personally served or mailed (postage prepaid, return receipt requested) and shall be effective upon the date of personal service, or if by mail, upon the date of receipt, The address for notice to each Party is as follows (as may be later changed by a Party by proper notice): If to the City City Coordinator 350 South Fifth Street Minneapolis, MN 55415 If to Xcel Energy: General Counsel 414 Nicollet Mall, 5" Floor Minneapolis, MN 55401 46. Current Regulatory Framework: Program costs and customer incentives offered by Xcel Energy to its customers in Minneapolis which extend beyond the scope of programs offered to all Xcel Energy customers as approved by the MPUC and/or DOC, shall be the responsibility of Minneapolis. The Parties recognize that the programs and incentives approved by the MPUC and/or DOC may include pilot programs offered to customers in Minneapolis and the costs of these pilot programs will not be charged separately to Minneapolis customers unless directed by the MPUC and/or DOC. 47. Counterparts. This Memorandum may be executed in any number of counterparts which, taken together, shall constitute one and the same instrument.IN WITNESS WHEREOF, this Memorandum has been signed by an officer duly authorized on behalf of the Parties hereto, all on the date first above written. CITY OF MINNEAPOLIS By Its oy hi tts_Fiseace Ofer Cervo aToe— XCEL ENERGYExhibit A: Clean Energy Partnership Memorandum of Understanding ‘The ideas and concepts included in this exhibit represent a non-exclusive menu of options for the Partnership Board to consider in planning its work. It is not intended to be a detailed work plan. In prioritizing the Work to be performed in a specific Work Plan, the Board will consider the goals of the Climate Action Plan and 2040 Energy Vision, such as: * City and customers can use energy information to make decisions, plan actions to the extent state or federal law or regulatory authority allows; (© Aggregated usage and program participation data ©. Information regarding the reliability of service in the City as a whole, and to the extent feasible, geographic areas within the City + Understand grid strengths and weaknesses; ‘© Understanding expected and potential grid investments with the City necessary to support reliability and the operation of distributed resources such as distributed generation, energy efficiency and demand response (© Understanding the potential for distributed energy resources within the City ‘© Understanding opportunities for the undergrounding or otherwise changing the design and impact of overhead grid infrastructure, as appropriate + Reducing energy costs to businesses, the public; ‘© Energy efficiency program offerings for government-owned buildings © Energy efficiency program offerings for small and large business © Energy efficiency program offerings for the hospitality industry 0 Operational Energy Savings Certification Program «Addressing equity of services by reducing residential and multi-family energy costs; ‘0 Energy efficiency program offerings for multi-family buildings ‘© Neighborhood. focused program delivery © Energy Performance Certification program © Green Zone concept ‘= Increasing economic and job development/training; (© District energy service enhancement Energy efficiency program offerings for small and large business Green Zone concept Neighborhood-focused program delivery Energy Savings Certification program 0000 © Meeting Plan goals for reduced greenhouse gas emissions from City enterprise, including public buildings; ‘© Electronic billing for all city accounts (© Optimize LED streetlight opportunities° Explore demand response opportunities Standard process for interconnecting DG resources © Meeting Pian goals for renewable energy usage; ° ‘Solar development for the benefit of the City and other Minneapolis consumers ‘Additional green choices for the City and other Minneapolis consumers, including piloting innovative options Continue to explore CHP opportunities Biogas development for city fleetROMERO, BERNADETTE. From: Sent: To: ce: Subject: Attachments: Sandoval, Raymond Tuesday, December 02, 2014 2:40 PM BYERS, MELISSA D. BUSHEE, PATTI. Fwd: Docs from excel of MOU ‘Memorandum of Understanding Clean Energy Partnership.paf; ATTOOOOL Atm; Ordn 2014-0r-086,pdf, ATTO0002.htm; Ordn 2014-0r-087.pdf; ATTOOO03.htm‘tematio 2014-0r-_o8 7 elalgod AN ORDINANCE nlf BAe of the Leela CITY OF ye [17 Fae MINNEAPOLIS By Gordon Amending the Minneapolis Code of Ordinances by adding a new Appent the Northern States Power, dib/a Xcel Energy, Electric Franchise Fe D-2 relating to ‘The City Council of the City of Minneapolis do ordain as follows: Section 1, That the Minneapolis Code of Ordinances be amended by adding thereto a new ‘Appendix D-2 to read as follows ‘An ordinance implementing an electric service franchise fee on Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns, for providing electric service within the City Of Minneapolis. Article 1: Franchise Fee Section 1.1 Consistent with Ordinance 2014-Or- 08 Minnesota law, a franchise fee is hereby imposed on Norther States Power Company diba Xcel Energy, its successors and assigns (he "Company"), ‘The franchise fee shall be an amount equal to the percentage of that portion ‘of the Company's annual Gross Revenues, as defined in Ordinance 2014-Or-. 8. arising from its operations within the City, a8 follows a. For residential service customers, four and one-half percent (4.5%) of Gross Revenues; b. For large (100kW or greater) commercial and industrial customers served at primary or higher voltages, three percent (3%) of Gross Revenues; and c. For small (less than 100kW) commercial and industrial customers, large (10OKW or greater) commercial or industrial customers served at secondary voltage, and all remaining miscellaneous classifications, five percent (5%) of Gross Revenues Section 1.2 For any other customer classes not included in Section 1.1 or modified by the Company in its electric tariffs on file with the Minnesota Public Utilities Commission, the franchise fee shall be five percent (5%) of Gross Revenues. Atticle 2: Fee Payment Section 2.1 The franchise fee shall be payable according to Section 9.3 of Ordinance 2014-Or- i Section 22 The City recognizes that the Minnesota Public Utilties Commission may allow Company to add a surcharge to customer rates of City residents to reimburse Company for the cost of the fee.Article 3; Effective Date This Ordinance shall be effective immediately upon its passage and publication according to law. Collection of the franchise fees shall commence with the Company January 2015 billing month. Article 4: Enforcement Any dispute, including enforcement ofa default regarding tis ordinance will be resolved in accordance with Section 2.8 of Ordinance 2014-Or-_o8 Coted san til aton ttn iy Gaunt: _ (9) SSS TERETE eae Dm [om [mm [omer Toae [sz | saa | we [Pome [err [are | sz Roch |X Gian Gorton [|X coo Ly Fey a Bender % Baomeon Guiney vas LX ‘Avhnson | warere [A Panisano Gooonan LY ADOPTED. oct 17 208 _ (A approveo VETOED “bare2014-0r-_23 aman AN ORDINANCE of the i. CITY OF y 7 doen MINNEAPOLIS By Gordon ‘Amending the Minneapolis Code of Ordinances by adding a new Appendix D-t relating fo Northern States Power, dibla Xcel Energy, Electric Franchi “The City Council of the City of Minneapolis do ordain as follows: Section 1, That the Minneapolis Code of Ordinances be amended by adding thereto a new ‘Appendix D-1 to read as follows: An ordinance granting to Northern States Power Company, a Minnesota Corporation, d/bia Xand subsequent consultation with the Company, the City finds, by resolution, in its sole xo arian, that waiver is necessary to encourage economic development within the City related Heel clean or renewable energy projects or for other public purposes. Once the requirement 10 tived, the Ci, in its sole discretion, may reinstate it at any time. If the Company consents in waiting to a new franchise or separate ordinance collecting o failing to collect a fee from & vraw energy supplier in contravention ofthis section, the conditions ofthis section will be waived to the extent of such written consent. 9.6 Fee Modification. If for any reason the amount or rate of the franchise fee shall be aooes ned to be in excess of the amount or rate allowed by law, then the amount or rate shall be reduced to the maximum amount or rate permitted by law. Section 10. Reports and Records. 40.1 City shall be accorded the right, during normal business hours, fo inspect, examine or aud, and copy the books and records of the Company, which relate tothe Company's operations ip ihe Gay, or upon Gilys request in wring to provide such information relating to the Company's Spatatione in City, and which fs collected and maintained by the Company in the ordinary course of qo tauness. as Gily may reasonably designate, to verify the accuracy of the Company's franchise foe paymenis, provided, that custorner-spectfic information must remain confidential, Any such Tee pe itTon ‘shall be provided in a manner consistent with all applicable laws, regulations and Commission orders. 410.2 Company shall provide City the location of Company-owned street ights within the City to be updated at least annually. Section 11. Provisions of Ordinance. 41.4 Severabiliy. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, of part and if any section, provision, or part shall be held invali see net affect any other section, provision, or part. This Franchise and other ordinances of the City shal be construed to give effect to all provisions to the maximum extent possible. In the event of a direct conflict between the provisions, the terms of this Franchise shall govern. 412 Limitation on Applicability. This Ordinance constitutes Franchise between the City and Company 28 the only parties, and no provision ofthis Franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the Franchise or of any one or more ofthe terms hereof, or otherwise give rise to any cause of action in any person not a party hereto.413 Termination. ‘The City may terminate this Franchise by providing writen notice to the Company at least twelve (12) months before the effective termination date (‘termination notice"); provided, however, that the earliest date of a termination notice is January 4, 2019, Inno event cote Panchise exceed ten (10) years from the Effective Date. The City may terminate the Franchise only upon a vote of two-thirds ofall the members of the City Council 414 Point of Contact Company shall provide City with the contact information of ie person designated as tho single point of contact for City on issues related to this Franchise, reliability and sesia ee es, and other such matters. Company shall provide City with updated pont of contact information as necessary during the term hereof. Section 12. Amendment Procedure. Ether paty to this Franchise may at any time propose thal the Franchise be amended fo address a subject of concer and the olher party will consider whether it agrees that fhe ‘amendment is ssly appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the Clty passing a subsequent ordinance declaring the provisions of the amendment, which vvengatory ordinance shall become effective upon the fiing af the Company's writer consent amen gato he City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. Section 13. Previous Franchises Superseded. ‘This Ordinance supersedes any previous electric franchise granted to Company or its presecessor. ced a ant aionl Cay Coma_ (Sf) SOE EIST " wee |= [= [orem foe [oe [se [ssn | oe ow [orem er | wae oer LX hater Gowen LX com 1X Fey LY senaer [LY sont : ‘uey 4 Yang Teoon waren X Panzano | aooanen_[ A 1 ADOPTED, nu Sd arrroven [1] nor grpnoveo [_] veroeo ‘DATE, CT 17 20% S| ‘areROMERO, BERNADETTE B. From: Sandoval, Raymond Sent: Wednesday, December 10, 2014 8:24 AM To: BYERS, MELISSA D. ce: BUSHEE, PATTIJ. Subject: Re: [External] Councilor Bushee's Resolution PNM's representatives will be: Ron Darnell, PNM Senior Vice President for Public Policy. Raymond G. Sandoval, PNM Santa Fe Community and Governmental Relations. Please forgive any typos as lam sending from my phone. Thank you! Ray Raymond G Sandoval Santa Fe Community Relations PNM Resources 528 Don Gaspar Santa Fe, New Mexico 87501. (505) 438-6987 Office (505) 428-9013 Mobile 505) 241-4361 Fax Sent from my iPhone On Dec 9, 2014, at 4:34 PM, BYERS, MELISSA D. wrote: Councilor: Per our discussion today, attached is the latest version of the resolution. | have copied staff on this email since they have not been in the loop. | will call Ray now and then we will call you. Melissev Melissa D. Byers, Legislative Liaison City Attorney’ Office City of Santa Fe ?.0. Box 909 Santa Fe, NM 87504-0909(505)955-6518 mdbyers@santafenm.gov ROMERO, BERNADETTE From: Sandoval, Raymond Sent: Tuesday, December 02, 2014 2:37 PM To: BYERS, MELISSA D. ce: BUSHEE, PATTI J. Subject: Fwd: Does from excel of MOU This site also has all agreements, Centerpoint and Excel, so it’s all public. tt neapolismn.gov/energyfranchise/index.htmROMERO, BERNADETTE. From: Sandoval, Raymond Sent: Tuesday, December 02, 2014 4:40 PM To: BYERS, MELISSA D. ce: BRENNAN, KELLEY A; MARTINEZ, MARCOS D.; BUSHEE, PATTI J. Subject: Re: [External] FW: Docs from excel of MOU Mellisa have a direct contact in Minneapolis, so please do not hesitate to ask if you require any further documentation. Please forgive any typos as Lam sending from my phone. Thank you! Ray Raymond G Sandoval Santa Fe Community Relations PNM Resources 528 Don Gaspar ‘anta Fe, New Mexico 87501 Santa Fe, New_ (505) 438-6987 Office '505) 428-9013 Mobile (505) 241-4361 Fax Sent from my iPhone On Dec 2, 2014, at 4:35 PM, BYERS, MELISSA D. wrote: Hi Ray: ‘Thank you for providing me with the Minneapolis material. Nick Schiavo had already provided us with some information about the Minneapolis model, FYI, !am working with Kelley Brennan, City Attorney and Marcos Martinez, Assistant City Attorney on the Councilor’s resolution. In the future, please include them on any correspondence you send to me. Thanks, Meliss Melissa D. Byers, Legislative Liaison City Attorney's Office City of Santa Fe P.O. Box 909Santa Fe, NM 87504-0909 (505}955-6518 mdbyers@santafenm.gov From: Sandoval, Raymond [mailto:Raymond,Sandoval@pnm.com) Sent: Tuesday, December 02, 2014 2:40 PM To: BYERS, MELISSA D, Cc: BUSHEE, PATTI J. Subject: Fwd: Docs from excel of MOU