HomeMy WebLinkAbout2020-02-20; Clean Energy Alliance JPA; Resolution 2020-002CLEAN ENERGY ALLIANCE
RESOLUTION NO. 2020-002
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CLEAN ENERGY
ALLIANCE APPROVING TRAVEL AND REIMBURSEMENT AND CUSTOMER
CONFIDENTIALITY AND PRIVACY POLICIES
WHEREAS, the Clean Energy Alliance (CEA) is a joint powers agency, formed in
November 2019, by founding members cities of Carlsbad, Del Mar and Solana Beach; and
WHEREAS, Community Choice Aggregation (CCA) authorized by Assembly Bill 117, is a
state law that allows cities, counties, and other authorized entities to aggregate electricity
demand within their jurisdictions in order to purchase and/or generate alternative energy
supplies for residents and businesses within their jurisdiction while maintaining the existing
electricity provider for transmission and distribution services; and
WHEREAS, CEA Board has approved an Implementation Plan and Statement of Intent
and submitted it to the California Public Utilities Commission (CPUC) for certification on
December 23, 2019; and
WHEREAS, the CEA Board desires to establish administrative policies and customer
confidentiality and privacy protections pursuant to CPUC Decision 12-08-045.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Clean Energy
Alliance, as follows:
Section 1. The Board of Directors ofthe Clean Energy Alliance hereby approves the
following policies:
CEA-01: Travel and Reimbursement Policy
CEA-02: Protection of Confidential Information Policy
CEA-03: Privacy and Customer Confidentiality Policy
CEA-04: Advanced Metering Infrastructure (AMI) Data Security and
Privacy Policy
CEA-OS: CEA Collections Policy
CEA Resolution# 2020-002
Approving CEA Policies
The foregoing Resolution was passed and adopted this 20th day of February, 2020, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Schumacher, Haviland, Becker
None.
None.
None.
APPROVED:
ATTEST:
fflQ,~(hl~
~ Cobian, Board Secretary
?
Clean Energy Alliance
Administrative Policy
SUBJECT: EFFECTIVE DATE:
Travel and Reimbursement Policy February 20, 2020
POLICY#: SUPERSEDES STAFF CONTACT # OF PAGES:
CEA-01 N/A 3
1.0 Purpose
To establish a written policy to provide guidance to elected and appointed officials,
employees, independent contractors and volunteers on the use and expenditure of
Clean Energy Alliance (CEA) resources, as well as the standards against which those
expenditures will be measured.
2.0 Organizations affected
Clean Energy Alliance
Committees
3.0
4.0
Consultants and Independent Contractors
References
California Government Code 53232.2
League of California Cities
Internal Revenue Service
Definitions
4.1 CEA Business Travel -Travel which requires elected and appointed officials,
employees, independent contractors or volunteers to conduct specific items of
CEA business away from their normal place of business.
4.2 CEA employee -Any person regularly employed by CEA, excluding elected or
appointed officials, members of committees and volunteers.
4.3 Member of committee -any person appointed by the CEA Board to an
established committee.
4.4 Volunteer -any person donating their time in support of CEA business.
4.5 Out-of-State Travel -includes all costs related to business travel outside the
State of California.
Policy# CEA-01
4.6 In-State travel -all costs related to business travel within the State of California.
4.7 Miscellaneous Meals/Mileage-all miscellaneous costs not directly attributable
to conferences or training.
5.0 Policy
5.1 CEA funds, equipment, supplies (including letterhead), titles and staff time must
only be used for authorized CEA business. Expenses incurred in connection with
the following types of activities generally constitute authorized expenses, as long
as the other requirements of this policy are met:
5.1.1 Communicating with representatives of regional, state and national
government on CEA adopted policy positions.
5.1.2 Attending educational seminars designed to improve skill and
information levels.
5.1.3 Participating in regional, state and national organizations whose activities
affect the CEA's interests.
5.1.4 Recognizing service to the CEA
5.1.5 Attending CEA events.
5.1.6 International travel and expenses which exceed the approved budget
require prior approval by the CEA Board.
5.2 Personal expenses that the CEA will not reimburse include, but are not limited
to: personal portion of any trip; political or charitable contributions or events;
family expenses; entertainment expenses, including theater, movies, sporting
events or other cultural events; non-mileage personal automobile expenses;
personal losses incurred while on authority business.
5.3 Cost Control -To conserve CEA resources and keep expenses within community
standards for public officials, expenditures should adhere to the following
guidelines: in the event that expenses are incurred which exceed these
guidelines, the cost borne or reimbursed by the CEA will be limited to the costs
that fall within the guidelines.
5.4 Transportation -The most economical mode and class of transportation
reasonably consistent with scheduling needs and cargo space requirements must
be used, using the most direct and time-efficient route.
5.5 Mileage -Automobile mileage will be reimbursed at the Internal Revenue
Service standard mileage rates. These rates are designated to compensate the
driver for gasoline, insurance, maintenance and other expenses associated with
operating the vehicle. This amount does not include bridge and road tolls, which
are also reimbursable.
2
Policy# CEA-01
5.6 Airfare -Airfares that are equal or less than those available through the
Enhanced Local Government Airfare Program offered through the League of
California Cities, the California State Association of Counties and the State of
California are presumed to be the most economical and reasonable for purposes
of reimbursement under this policy.
5.7 Car Rental -Rental rates that are equal or less than those available through the
State of California's website shall be considered the most economical and
reasonable for purposes of reimbursement under this policy. Itemized receipts
must be submitted with vehicle rental claims, including receipts for fuel.
5.8 Taxis/Shuttles/Ride Shares -Taxis or shuttles fares may be reimbursed at actual
cost, including a 20 percent gratuity per fare, with receipts.
5.9 Lodging-Lodging expenses will be reimbursed or paid for when travel on official
CEA business reasonably requires an overnight stay. Travelers must request
government rates, when available. Lodging rates that are equal to or less than
government rates are presumed to be reasonable and hence reimbursable for
purposes of this policy. In the event that government rates are not available at a
given time or in a given area, reimbursement shall be provided at the rate
established by the Internal Revenue Service ("IRS") for the community in which
the activity takes place unless there are no lodging facilities in reasonable
proximity to the activity which offer that rate at the time of booking. In the event
there are no such lodging facilities available at the IRS reimbursement rate,
reimbursement shall be at the actual lodging rate as long as the activity has been
approved by the CEA Board.
5.9.1 Conference/Meetings -If such lodging is in connection with a
conference, lodging expenses must not exceed the group rate published
by the conference sponsor for the meeting in question if such rates are
available at the time of booking. If the group rate is not available, see
previous section.
5.10 Meals-Reimbursable meal expenses are reimbursable up to a maximum $30
per meal and associated gratuities up to a maximum 20%. The CEA will not pay
for alcohol/personal bar expenses.
5.11 Telephone/Fax/Cellular/Internet -Actual telephone, fax and short-term internet
expenses incurred on CEA business are reimbursable when not covered under a
pre-existing plan or service arrangement.
5.12 Airport Parking -Long-term parking must be used for travel exceeding 24-hours.
3
6.0
Policy # CEA-01
5.13 Other-Baggage handling fees of up to $2 per bag and gratuities of up to 20
percent will be reimbursed. Expenses for which CEA officials receive
reimbursement from another agency are not reimbursable.
5.14 Credit Card Use -CEA does not issue credit cards to individual office holders and
does not have a CEA credit card.
Procedure
6.1 All expense reimbursement requests must be submitted on a Report of Actual
Travel Expense report form provided by the CEA.
6.1.1 Expense reports must document that the expense in question met the
requirements of this policy. For example, if the meeting is with a
legislator, the official should explain whose meals were purchased, what
issues were discussed and how those relate to the CEA's a9opted
legislative positions and priorities ..
6.1.2 Officials must submit their expense reports within two weeks of an
expense being incurred, accompanied by receipts documenting each
expense. Restaurant receipts, in addition to any credit card receipts, are
also part of the necessary documentation. Inability to provide such
documentation in a timely fashion may result in the expense being borne
by the official.
6.2 All Expenses are subject to verification that they comply with this policy.
6.3 At the following CEA Board meeting, each official shall briefly report on meetings
attended at CEA expense. If multiple officials attended, a joint report may be
made.
6.4 CEA officials should keep in mind that some expenditures may be subject to
reporting under the Political Reform Act and other laws. All CEA expenditures
are public records subject to disclosure under the Public Records Act (and other
laws).
~~4
Barbara Boswell Date
Interim Chief Executive Officer
4
Clean Energy Alliance
Administrative Policy
SUBJECT: EFFECTIVE DATE:
Protection of Confidential Information February 20, 2020
POLICY#: SUPERSEDES STAFF CONTACT # OF PAGES:
CEA-02 N/A 3
1.0
2.0
3.0
4.0
Purpose
To establish a policy to protect confidential customer information
Organizations affected
Clean Energy Alliance
All Clean Energy Alliance Member Agencies
References
Privacy & Customer Confidentiality Policy #CEA-03
Definitions
4.1 Confidential Information
Customer information that is not considered public information including but not
limited to social security number, taxpayer ID number, San Diego Gas & Electric
(SDGE) or Clean Energy Alliance (CEA) customer or service account information
including customer name(s), service addresses, billing addresses, telephone
numbers, email addresses, account numbers and electricity consumption.
5.0 Policy
5.1 Ensuring Customer Confidentiality is Protected
To ensure that all employees protect the integrity of the CEA's confidential
information as well as the confidentiality of others, confidential information may
not be shared with unauthorized individuals within or outside of the organization
and may not be transmitted via email, except where reasonably necessary to
conduct CEA's business or provide services to customers as required by the
California Public Utilities Commission (CPUC).
5.2 Examples of reasonably necessary business purposes include but are not limited
to when such disclosure is necessary to:
a) Comply with law, regulation, or court order;
b) Enable CEA to provide services to its customers;
c) Collect unpaid bills;
6.0
Policy# CEA-02
d) Obtain and provide credit reporting information;
e) Resolve customer disputes or inquiries;
f) Communicate about demand response, energy efficiency, energy
management and conservation programs; or
In situation of imminent threat to life or property.
Procedure
6.1 Confidential information shall not be transmitted or forwarded to individuals
within or outside of the organization who do not have an authorized need to
know the information.
6.2 Confidential information shall not be transmitted via email.
6.3 Confidential information shall not be posted on the CEA's website.
6.4 Employees must lock their computers when leaving them unattended for any
length of time.
6.5 Passwords may not be shared with any person, including admini$trative
assistants, secretaries, managers, co,;.workers, or family members, and shall not
be written down or stored physically or digitally.
6.6 Documents containing confidential information must be secured at all times.
6.7 Documents containing confidential information must be shredded when
destroyed when no longer used and as per the adopted retention schedule if
applicable, except where such documents are required to be retained by law.
6.8 Employees are responsible for any action that is performed under their
username and password for any CEA system, network or server.
6.9 Failure to comply with the provisions of this policy and procedure may result in
discipline up to and including termination.
Barbara Boswell Date
Interim Chief Executive Officer
2
Policy# CEA-02
PROTECTION OF CONFIDENTIAL INFORMATION POLICY ACKNOWLEDGEMENT
I have read the Protection of Confidential Information Policy and understand its
provisions. I understand that to ensure protection of the integrity of the CEA's
confidential information as well as the confidentiality of others, confidential information
may not be shared with unauthorized individuals within or outside of the organization
and may not be transmitted via email.
I accept responsibility for any action performed under my user name and password.
I understand that handling and use of confidential information in violation of the
Protection of Confidential Information Policy may result in employee discipline, up to
and including termination.
By signing this form, I agree to abide by the Policies currently in place and I agree to
review periodically any changes or modifications. I understand that my regular review
of policies is required.
Employee Name (Print): ______________________ _
Employee Signature: ______________ Date: _______ _
Department Head
Signature: __________________ Date: _______ _
(To be filed with Human Resources)
3
Clean Energy Alliance
Administrative Policy
SUBJECT: EFFECTIVE DATE:
Privacy and Customer Confidentiality Policy February 20, 2020
POLICY#: SUPERSEDES STAFF CONTACT # OF PAGES:
CEA-03 N/A 3
1.0 Purpose:
To establish a Privacy and Customer Confidentiality Policy for Clean Energy Alliance
(CEA).
2.0 Organizations affected:
Clean Energy Alliance
Clean Energy Alliance Board Members
All Clean Energy Alliance Member Agencies
3.0 References:
CPUC Decision 12-08-045
4.0 Definitions:
5.0
4.1 Aggregate Data -Aggregated customer confidential information must be made
up of at least 15 customers and a single customer's load must be less than 15%
of an assigned category.
4.2 Confidential Information -has a meaning in accordance with CPUC Decision 12-
08-045, which extends privacy protections to customers of community choice
aggregation programs.
4.3 Customer Data -includes individual names, addresses and electricity energy
usage data of customers that is collected via San Diego Gas & Electric's (SDGE)
metering systems.
Policy -Notice of Accessing, Collecting, Storing, Using and Disclosing Energy Usage
Information:
5.1 CEA, its employees, agents, contractors, and affiliates shall maintain the
confidentiality of individual customers, including name(s), service address(es),
billing address(es), telephone number(s), email address(es), account number(s),
social security number(s), taxpayer ID number(s), and electricity consumption
Policy# CEA-03
information; except as reasonably necessary to conduct CEA's business
operations or to provide services to customers as required by the CPUC.
5.2 Examples circumstances constituting reasonably necessary disclosures, sharing,
or transmitting of confidential information include, but are not limited to, when
necessary to:
a) Comply with any law, regulation, or court order;
b) Enable CEA to provide services to its customers;
c) Collect unpaid bills;
d) Obtain and provide credit reporting information;
e) Resolve customer disputes or inquiries;
f) Communicate about demand response, energy efficiency, energy
management and conservation programs; or
g) In situation of imminent threat to life or property, or to prevent or resolve
service interruptions.
5.3 CEA shall not, under any circumstances, disclose customer confidential
information for third-party telemarketing, email, or direct mail solicitation
purposes. Aggregated data that cannot be traced to specific customers may be
released at CEA's discretion.
5.4 Customer data, including individual customer names, addresses and electricity
energy usage data, is collected via San Diego Gas & Electric's (SDGE) metering
systems. CEA may share customer data with contractors and vendors for
purposes of providing services and operating programs. Contractors and vendors
are required to agree to only use customer data for program operational
purposes and protect it under the same standards as CEA. CEA retains customer-
specific energy usage and billing information for only as long as is reasonably
necessary, typically not more than five (5) years unless otherwise required by
law or regulation.
5.5 Notice of this policy will be provided when confirming a new customer account,
and annually to customers via an on-bill message to guide customers to the most
updated version on CEA's website at www.TheCleanEnergyAlliance.org. Any
changes to this policy between notification periods will be communicated
through CEA's website. Previous versions of this policy can be requested via
email at CEO@TheCleanEnergyAlliance.org or by mailed request to Clean Energy
Alliance, 1200 S. Carlsbad Village Dr, Carlsbad, CA. 92008.
5.6 Customers having any questions or concerns regarding the collection, storage,
use or distribution of customer information, or who wish to view, inquire about,
or dispute any customer information held by CEA or limit the collection, use or
disclosure of such information may contact the Chief Executive Officer of Clean
2
Policy# CEA-03
Energy Alliance via email at CEO@TheCleanEnergyAlliance.org or by mail at
Clean Energy Alliance, 1200 S. Carlsbad Village Dr, Carlsbad, CA. 92008.
5.7 Employees of CEA shall be provided a copy of this policy, and it shall be
construed and implemented by such employees consistent with Policy CEA-02 -
Protection of Confidential Information policy to protect confidential customer
information.
·~/&C<A ~-eRL
Barbara Boswell Date
Interim Chief Executive Officer
3
Clean Energy Alliance
Administrative Policy
SUBJECT: EFFECTIVE DATE:
Advanced Metering Infrastructure (AMI} Data Security and Privacy
Policy February 20, 2020
POLICY#: SUPERSEDES STAFF CONTACT # OF PAGES:
CEA-04 N/A 5
1.0 Purpose
To ensure the privacy and security of AMI data and customer usage information for
Clean Energy Alliance (CEA).
2.0 Organizations affected
Clean Energy Alliance
All Clean Energy Alliance Member Agencies
3.0 References
CPUC Decision 12-08-045
4.0 Definitions
4.1 Aggregate Usage Data:
Customers' energy usage and usage-related data (such as billing, program
participation, or account information) that has been summed, averaged, or
otherwise processed such that the result does not contain information at the
level of individual customers and an individual customer cannot reasonably be
re-identified.
4.2 Covered Information:
Any customer energy usage information obtained through the use of the
capabilities of Advanced Metering Infrastructure (AMI) when associated with any
information that can reasonably be used to identify an individual, family,
household or residence, or non-residential customer, except that covered
information does not include usage information from which identifying
information has been removed or information provided to the CPUC pursuant to
its oversight responsibilities.
4.3 Primary Purposes:
5.0
6.0
Policy# CEA-04
The "Primary Purposes" for the collection of storage, use or disclosure of
covered information are to:
• Provide or bill for electrical power,
• Provide for system, grid or operational needs,
• Provide services as required by state, or federal laws or as specifically
authorized by an order of the Commission, or
• Plan, implement, or evaluate demand response, energy management,
or energy efficiency programs under contract with a Community
Choice Aggregator or an Electrical Services Provider (when providing
service to residential or small commercial customers), under contract
with the Commission, or as part of a Commission authorized program
conducted by a governmental entity under the supervision of the
Commission.
4.4 Secondary Purpose:
Policy
5.1
Secondary Purpose means any purpose for the collection, storage, use, or
disclosure of covered information that is not a primary purpose.
CEA shall implement reasonable administrative, technical, and physical
safeguards to protect covered information from unauthorized access,
destruction, use, modification or disclosure.
5.2 CEA and third parties shall provide reasonable training to all employees and
contractors who use, store, or process covered information.
5.3 CEA shall collect, store, use, and disclose only as much covered information as is
reasonably necessary or as authorized by the Commission to accomplish a
specific primary purpose.
Procedure
Transparency and Notification
6.1 CEA shall provide customers with meaningful, clear, accurate, specific, and
comprehensive notice regarding the accessing, collection, storage, use and
disclosure of covered information. However, when CEA is using covered
information solely for a primary purpose on behalf of and under contract with
utilities it is not required to provide notice separate from that provided by the
utility.
6.2 CEA shall provide written notice when confirming a new customer account, and
at least once per year shall inform customers how they may obtain a copy of
CEA's notice regarding the accessing, collection, storage, use and disclosure of
covered information. CEA will also provide a conspicuous link to the notice on
2
Policy# CEA-04
the home page of its website and include a link to the notice in electronic
correspondence to customers.
• The notice shall be labeled Notice of Accessing, Collecting, Storing,
Using and Disclosing Energy Usage Information. It shall be written in
easily understandable language and be no longer than is necessary to
convey the requisite information.
• The notice and the posted privacy policy shall state clearly: (1) the
identity of CEA; (2) the effective date of the notice or posted privacy
policy; (3) CEA's process for altering the notice or posted privacy
policy, including how the customer will be informed of any alterations
and where prior versions will be made available to customers; and (4)
the title and contact information, including email address, postal
address, and telephone number, of an official at CEA who can assist
the customer with privacy questions, concerns, or complaints
regarding the collection, storage, use, or distribution of covered
information.
• The notice shall provide an explicit description of: (1) each category of
covered information collected, used, stored, or disclosed, and for
each category of covered information, the reasonably specific
purpose for which it will be collected, stored, used, or disclosed; (2)
each category of covered information that is disclosed to third
parties, and, for each such category, a description of the means by
which customers may view, inquire about, or dispute their covered
information; and (3) the means, if any, by which customers may limit
the collection, use, storage, or disclosure of covered information and
the consequences to customers if they exercise such limits.
6.3 CEA shall provide to customers upon request convenient and secure access to
their covered information, in an easily readable format that is at a level no less
detailed than that at which the covered entity discloses the data to third parties.
Use, Disclosure, and Customer Authorization
6.4 CEA may disclose covered information without customer consent to a third party
acting under contract with the CPUC for the purpose of providing services
authorized pursuant to an order or resolution of the CPUC, or to a governmental
entity for the purpose of providing energy efficiency or energy efficiency
evaluation services pursuant to an order or resolution of the CPUC.
3
Policy# CEA-04
6.5 CEA may disclose covered information to a third party without customer consent
when explicitly ordered to do so by the CPUC, or for a primary purpose being
carried out under contract with and behalf of CEA provided that CEA requires,
by contract, the third party to agree to access, collect, store, use, and disclose
the covered information under policies, practices, and notification requirements
no less protective than those under which CEA itself operates.
6.6 Any entity that receives covered information derived initially from CEA may
disclose such covered information to another entity without customer consent
for a primary purpose, provided that the entity disclosing the covered
information shall, by contract, require the entity receiving the covered
information to use the covered information only for such primary purpose and to
agree to store, use, and disclose the covered information under policies,
practices, and notification requirements no less protective than those under
which CEA operates.
6.7 When CEA discloses covered information to a third party under this subsection it
shall specify by contract, unless otherwise ordered by the CPUC, that it shall be
considered a material breach if the third party engages in a pattern or practice of
accessing, storing, using, or disclosing the covered information in violation of the
third party's contractual obligations to handle the covered information under
policies no less protective than those under which CEA operates.
6.8 If CEA finds that a third-party contractor to which it disclosed covered
information is engaged in a pattern or practice of accessing, storing, using, or
disclosing covered information in violation of the third party's contractual
obligations related to handling covered information, CEA shall promptly cease
disclosing covered information to such third party.
6.9 Separate authorization by each customer must be obtained for all disclosures of
covered information except as provided for herein.
6.10 CEA shall permit customers to cancel authorization for any secondary purpose of
their covered information by the same mechanism initially used to grant
authorization.
6.11 CEA shall permit the use of aggregated usage data that is removed of all
personally-identifiable information to be used for analysis, reporting, or program
management, provided that the release of that data does not disclose or reveal
specific customer information because of the size of the group, rate
classification, or nature of the information.
4
Policy # CEA-04
Barbara Boswell Date
Interim Chief Executive Officer
5
Clean Energy Alliance
Administrative Policy
SUBJECT: EFFECTIVE DATE:
Clean Energy Alliance Collections Policy February 20, 2020
POLICY#: SUPERSEDES STAFF CONTACT # OF PAGES:
CEA-OS N/A 2
1.0 Purpose
To establish a delinquent accounts, collections and write off policy for the Clean Energy
Alliance.
2.0 Organizations affected
Clean Energy Alliance
3.0 References
None
4.0 Definitions
5.0 Policy
5.1 Any CEA customer who has overdue CEA charges that exceeds $250 shown on
their SDG&E bill will receive a letter from CEA after 90 days past due, and a
second letter at 120 days past due, informing them of their overdue status and
the methods available to pay the overdue CEA charges.
5.2 Any overdue CEA charges totaling $20.00 or more which have not been paid by
the customer and are no longer being collected by SDG&E may be referred to a
collections agency for settlement.
5.3 Any overdue CEA charges totaling $19.99 or less which have not been paid by
the customer and are no longer being collected by SDG&E may be considered
bad debt and written off.
5.4 Interest will not be charged on any customer account.
Policy # CEA-OS
5.5 If a customer has not paid within 180 days following the initiation of the
collections process, the collections agency will file credit reporting information
on the customer with all applicable agencies.
5.6 The collections agency will be authorized to pursue legal action on any customer
with an outstanding balance of $750 or more.
5.7 After a customer has paid all overdue amounts, all collections activity will
terminate for that customer.
Approved:
Barbara Boswell Date
Interim Chief Executive Officer
2