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Local Power warns conditional-use ordinance could slow CCA projects; community groups urge Board delay
Summary
Local Power and public commenters told LAFCO that proposed amendments to file no. 081058 (conditional-use rules for some power plants) could create permitting barriers—especially with a 10-megawatt threshold—and urged the Board of Supervisors to delay a second reading until Local Power’s final report is available.
Local Power and community groups told the Local Agency Formation Commission on Wednesday that a pending ordinance at the Board of Supervisors could unintentionally impede Community Choice Aggregation (CCA) efforts to site local clean-energy projects.
Robert Frieling of Local Power flagged changes in a draft ordinance (file no. 081058) that raise a conditional-use threshold from 5 megawatts to 10 megawatts and broaden the language to refer to “facilities,” which he said could capture networks of smaller, behind-the-meter systems that, when aggregated, exceed the threshold. "If a network of multiple solar roofs and fuel cells running on hydrogen happen to go over 10 megawatts," Frieling said, "...the question of how this is interpreted could make all the difference." He and others urged careful drafting so the ordinance does not create unintended permitting barriers for CCA deployment.
Commissioner Hope Schmelzer and other commissioners acknowledged the need to protect public health and safety but said any exemptions should be written narrowly so they do not swallow the ordinance’s protective goals. Schmelzer warned that exemptions lacking emissions safeguards could allow projects to avoid mitigation the ordinance intends to require.
SFPUC staff emphasized trade-offs in program design. Barbara Hale said a fully programmatic mapping of where all local megawatts would be sited before issuing an RFP could delay the procurement and risk competitiveness with PG&E rates; she recommended an incremental approach that identifies example sites and issues a targeted RFP.
Public commenters amplified concern. Espinola Jackson (Bayview Hunters Point) asked LAFCO to urge the Board to continue the item until Local Power’s final report is complete. Joshua Arcey of the Land Defense Project said the ordinance affects the Bayview, Potrero and Southeast neighborhoods and urged a pause so stakeholders can resolve ambiguities. Eric Brooks of the San Francisco Green Party said unclear criteria could deter bidders and questioned why CCA stakeholders were not consulted earlier.
Commissioners observed that, based on the information before them, they did not yet see conclusive evidence the ordinance would threaten CCA, and asked the public and agencies to provide specific evidence if they identify direct risks. The item was not continued by LAFCO; commissioners left it on the continued list for further monitoring and encouraged stakeholders to submit concrete examples of how the ordinance would block CCA projects.
