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San Francisco LAFCO adopts resolution opposing PG&E ballot initiative that would restrict CCAs
Summary
LAFCO voted to oppose a PG&E-filed statewide ballot initiative ("Taxpayers' Right to Vote Act") that would require two-thirds voter approval before a community choice aggregator (CCA) could provide service. The commission directed staff to submit comments to the Attorney General and Legislative Analyst by July 22 and explore legal challenge strategies.
The San Francisco Local Agency Formation Commission (LAFCO) on a unanimous voice vote adopted a resolution expressing strong opposition to a PG&E-sponsored ballot measure that would require two-thirds voter approval before a community choice aggregator (CCA) could provide electric service within a jurisdiction. Interim Executive Officer Nancy Miller described the measure as the "Taxpayers' Right to Vote Act," said it is under review by the Attorney General and Legislative Analyst, and urged the commission to act quickly to protect local CCA authority.
"It would require a CCA prior to providing service to obtain a two-thirds vote of the electorate in the territory to be served," Miller said, summarizing the proposed initiative and the agency's concerns. She recommended LAFCO submit formal comments to the Attorney General and Legislative Analyst and presented three legal challenge options, including contesting the measure's title, a single-subject challenge, and asserting protections tied to San Francisco's charter-city powers.
Commissioners described the PG&E filing as "lethal" to local CCA efforts and asked staff to prepare comments by the Attorney General's review date. Chair Ross Morcarimi said the commission should consider closed-session work on potential litigation strategy and authorized Miller to coordinate with other CCAs and the city attorney's office to bolster comment and challenge efforts. The commission asked Miller to prepare and submit comments to the Attorney General and Legislative Analyst prior to the July 22 deadline.
Why it matters: The measure, if certified and placed on the ballot, would add a high bar to establishing public power options and could affect San Francisco's Clean Power SF timeline. LAFCO's resolution and the planned legal review aim to protect the commission's ability to pursue a local CCA under state law.
What happens next: Miller will draft comments to the Attorney General and Legislative Analyst and consult with other CCAs and the city attorney; commissioners discussed holding closed sessions to address litigation strategy and scheduled follow-up at the next regular meeting.
