Conduct public protest hearing, as required by Public Utilities Code section 6234, for Board of Supervisors (“Board”) to receive, hear, and pass upon any timely written protests, including any timely written objections, made by any interested person against Board granting a franchise, up to 25 years, on a non-exclusive basis (“non-exclusive franchise”), by ordinance, to Toro Energy of California AA, LLC, (also referred to as Toro Energy), upon annual payment of a franchise fee to the County, to construct, maintain and use pipes and appurtenances for transmitting derived gas from Toro Energy’s landfill-gas-to-energy project (“LFGTE Project”) at County’s American Avenue Disposal Site (“AADS”) for any and all purposes, as allowed by a County-approved conditional use permit and/or road permit condition, from LFGTE Project at AADS at 18950 W. American Avenue, Kerman, in, along, across, upon, and under following public streets and highways within unincorporated area of Fresno County: from the County’s AADS, eastward on W. American Avenue for approximately 4 miles, and then southward on S. Madera Avenue for approximately 4 miles, to a PG&E connection location approximately a half of a mile north of W. Manning Avenue, just east of S. Madera Avenue/SR 145, Kerman; and after conducting and closing public protest hearing, do following, as determined by Board: a. determine that no timely written protests, including timely written objections, have been made against Board granting of non-exclusive franchise to Toro Energy, and Board may proceed to act on recommended action 3; or b. determine that one or more timely written protests, including timely written objections, have been made against Board granting of non-exclusive franchise to Toro Energy, and have been heard by Board, and pass upon such protest(s), including such objection(s), as applicable: i. protest(s), including objection(s), are insufficient; ii. protest(s), including objection(s), are overruled or denied; or iii. protest(s), including objection(s), are sufficient; and c. if Board determines that all such protests, including all such objections, are insufficient or overruled or denied, Board may proceed to recommended action 3; and d. if Board determines that only some of such protests, including some of such objections, are insufficient or overruled or denied, Board will determine, under recommended action 2.e., if remaining protests, including remaining objections, are sufficient; and e. if Board determines that any such protests, including objections, are sufficient, then Board may grant such protests, and sustain such objections, and abandon these proceedings; and conduct first hearing, including first reading of an ordinance granting non-exclusive franchise, as described above, to Toro Energy; Waive reading of ordinance in its entirety and set second hearing of ordinance for December 3, 2024; and designate County Counsel to prepare a fair and adequate summary of proposed ordinance; and direct Clerk of the Board to post and publish required summary in accordance with Government Code section 25124(b)(1)

Agenda Item Filed Introduced May 29, 2024

Where it was heard