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2022-02-10 Apple Park - AB900- Ongoing Operation - Renewable Energy Report for CY2021 (FINAL) Apple Park 2021 Annual Renewable Electricity Use Report Prepared for the Director of Community Development Background Section 3.b of Exhibit DP-2 to the"Conditions of Approval-AB 900 Compliance for the Apple Campus 2 Project" requires Apple to supply 100 percent renewable energy to Apple Campus 2 Project, Phase 1("Apple Park")from any combination of: onsite generation; purchase through California's Direct Access program and delivered to Apple Park through the utility's transmission system and measured by the the utility's meter;or market purchase of renewable energy credits that are Green-e Energy certified. Exhibit DP-2 is attached to this report. In support of this requirement,Apple prepared this renewable electricity use report for calendar year 2021. 100 Percent Renewable Electricity Use Table 1 shows total electricity use at Apple Park from all sources of electricity supply, and it shows the percent renewable of that electricity. The table shows Apple Park operated on 100 percent renewable electricity for the reporting year. A summary table showing monthly values for each electricity source is attached to this report. Table 1 —Total Annual Renewable Electricity Use Total Percent of Total Electricity Electricity Renewable Apple Park 2021 Use that is Electricity Renewable (kWh) Renewable (kWh) Percent Onsite Generation -Rooftop 15,153,289 PV 100% 15,153,289 Onsite Generation -Fuel Cells 25,930,007 100% 25,930,007 Direct Access Electricity Supplied via the Utility Meter 31,770,271 100% 31,770,271 Green-e Energy REC Purchase 0 -- 0 Total: 72,853,567 72,853,567 100% Annual Renewable Electricity Use Report—2021 Total electricity use at Apple Park is the sum of: • electricity generated onsite and connected directly to Apple Park without being measured by a utility meter and • electricity supplied by California's Direct Access program connecting to Apple Park through the utility meter. Total renewable electricity use at Apple Park is the sum of: • electricity generated onsite and connected directly to Apple Park without being measured by a utility meter multiplied by the percent renewable of that generation; • Direct Access electricity supplied to Apple Park multiplied by the percent renewable of that supply;and • purchase of Green-e Energy certified renewable energy certificates(RECs). Documentation of Direct Access supplied renewables is shown in the WREGIS REC tracking system summary table,which is attached to this report. The RECs shown in the WREGIS table were generated from the 130-megawatt California Flats solar PV project. Apple owns these RECs through a 25-year power purchase agreement for all electricity and RECs generated by that project. The WREGIS table only includes REC generated during the first ten months of 2021;the WREGIS system takes up to four months to verify and create RECs. However,the REC quantity in the WREGIS table exceeds the Direct Access electricity quantity shown in Table 1 because the WREGIS table includes RECs for Apple Park and for other Apple buildings in the Cupertino area. Attachments Attachment 1 Exhibit DP-2 of the AB900 Conditions of Approval Attachment 2 Summary table of monthly electricity use supplied from onsite generation and via Direct Access Attachment 3 WREGIS tracking system summary table for 2021 RECs generated from the California Flats solar PV project and delivered to Apple via Direct Access Annual Renewable Electricity Use Report—2021 Attachment 1 Exhibit DP-2 of the AB900 Conditions of Approval EXHIBIT DP-2 CONDITIONS OF APPROVAL-AB 900 COMPLIANCE APPLE CAmpus 2 PROIECT 1. NO NET ADDITIONAL GREENHOUSE GAS EMISSIONS For the AB 900 Compliance Conditions of Approval that ensure that the project meets the no net additional greenhouse gas emissions standard, the Community Development Director may allow deviations and alterations, provided that the applicant/property owner establishes to the satisfaction of the Community Development Director that,based on substantial evidence, the project continues to meet the no net additional greenhouse gas emission standard. 2. LEED—SILVER OR EQUIVALENT Pursuant to Chapter 16.58, Green Building Standards Code Adopted, of the Cupertino Municipal Code, the project shall meet the requirements for Leadership in Energy and Environmental Design (LEED) Silver certification or an equivalent, at a minimum, as identified in the Ordinance.Apple shall develop a LEED Silver certification program plan which shall be subject to review and approval by the Director of Community Development prior to issuance of building permits. Prior to occupancy,the City will hire a third-party independent consultant, at Apple's expense, to make a finding that Apple's LEED program plan meets the requirements of LEED Silver and any then applicable requirement of the Governor's Guidelines for Streamlining Judicial Review Under the California Environmental Quality Act("Guidelines"). 3. ENERGY a. ENERGY EFFICIENCY Apple shall reduce energy use through energy-efficient green building design of lighting,heating, cooling and ventilation systems to reduce building system energy use by at least 30 percent compared to typical commercial development. Energy- efficient building systems, such as the following, shall be incorporated into the project design: high-efficiency radiant conditioning systems, light-emitting diode (LED) electric lighting, and natural ventilation. Apple shall submit an energy efficiency plan for review and approval to the Director of Community Development prior to issuance of the first building permit. Apple shall fund the cost of an independent consultant selected by the City to review and report on the energy efficiency plan so that the Director of Community Development may verify that the building design will reduce building systems energy use by at least 30 percent compared to typical commercial development. b. RENEWABLE ENERGY 100 percent of the project's overall energy needs shall be provided by renewable energy. Based on Apple's current proposal, Apple shall; (a) install at least 650,000 square feet of photovoltaics on building roofs and the parking garage canopy that will have a capacity of at least 12 megawatts; (b)construct at least a 6-megawatt fuel cell installation on-site that will be powered by 100-percent directed biogas; and (c) AB 900 CONDITIONS Page DP-2-2 obtain the remainder of the project's energy needs from the State of California Direct Access Program, off-site Apple-owned renewable energy projects or grid-purchased renewable energy. For the on-site energy production, the amount of renewable energy may be scaled to the phase of development. Apple shall acquire grid- purchased renewable energy from the following sources: (1) participation in California's regulated Direct Access program; and(2)market purchase of renewable energy credits that are Green-e Energy certified. The specific Energy Service Providers and sources used to supply renewable energy for the project may be determined closer to the time of project completion. Apple shall submit specifications for the energy systems for review and approval to the Director of Community Development prior to issuance of building permits. The Director of Community Development may approve deviations in the design of the energy systems from those specified above provided that the applicant/property owner establishes to the satisfaction of the Community Development Director that, based on substantial evidence, the project's overall energy needs are provided by renewable energy. Apple shall submit an annual report to the Director of Community Development by February 15th of each year documenting compliance with this renewable energy condition for the prior calendar year, including total energy use and total energy credits for the reporting period supported by documentation from Direct Access and Green-e Energy certified sources sufficient to allow the Director of Community Development to make the determination that 100 percent of the project's overall energy needs are being provided by renewable energy. Due to the timing of the Green-e Energy certification process, which may take up to six months after the end of the calendar year, the Green-e Energy certification documentation may be provided in a supplemental filing to occur within 30 days of completion of the Green-e Energy certification process.The annual report shall indicate an approximate date of submittal for the Green-e Energy certification documentation,which shall be no later than August tat of each year. 4. PARKING AND TRANSPORTATION In order to reduce peak hour trips, Apple shall implement an enhanced Transportation Demand Management(TDM)program as required by Mitigation Measure TRANS 9b and the details of Mitigation Measure TRANS-9b set forth in the TDM Program Expansion on pages 441-447 and Figure VI-11 of the Draft EIR, all of which are incorporated into these Conditions of Approval (see Condition 3 - MITIGATION MONITORING AND REPORTING PROGRAM in Development Permit(DP-2011-04)Resolution). 5. CONSTRUCTION a. DIRECT ACCESS For each year during the construction period, Apple shall demonstrate to the Community Development Director that it has fully offset the project construction emissions by participation in California's Direct Access program for supplying renewable power to Apple-owned buildings located in the City. 2 AB 900 CONDITIONS Page DP-2-3 b. PHASE 1 PROTECT GHG EMISSIONS Mitigation of all Phase 1 project GHG emissions from construction shall.occur contemporaneously with construction of the project. G. ENVIRONMENTAL SUSTAINABILITY MEASURES The project shall install 300 electric vehicle charging stations on the project site. The parking lot shall also be configured to allow for up to 1,000 electric vehicle charging stations to be installed. 7. WATER SUPPLY The project shall reduce water use by 30 percent compared to typical commercial development through use of low-flow fixtures and drought tolerant landscaping. Apple shall submit a water supply plan for review and approval by the Director of Community Development prior to building permit issuance. 8. WASTE MANAGEMENT a. OPERATIONAL WASTE DIVERSION RATE The project shall-achieve and maintain a diversion rate of at least 50 percent. b. CONSTRUCTION AND DEMOLITION WASTE DIVERSION RATE A minimum of 75 percent of construction and demolition waste shall be diverted from landfills,to the satisfaction of the City. 9. BINDING AND ENFORCEABLE AGREEMENT As required by Public Resources Code Section 21182(d), the April 12, 2012 agreement between Apple, Inc., signed by SVP and Chief Financial Officer Peter Oppenheimer, and the City of Cupertino, acknowledged and agreed to by Aaxti Shrivastava, Community Development Director, constitutes a binding and enforceable agreement by Apple that all mitigation measures required pursuant to the California Environmental Quality Act to certify the project under the Jobs and Economic Improvement Through Environmental Leadership Act of 2011 shall be conditions of approval of the project, and shall be fully enforceable by the City of Cupertino or its designees; and that all adopted mitigation measures shall be monitored and enforced by the City of Cupertino on an ongoing basis for the life of the obligation to perform, implement or comply with the mitigation measures. As required by Public Resources Code Section 21183(e), the binding and enforceable agreement further provides that Apple agrees to pay the costs of the Court of Appeal in hearing and deciding any case, including payment of court costs for the appointment of a special master if deemed appropriate by the court,in a form and manner specified by the Judicial Council, as provided in the Rules of Court adopted by the Judicial Council pursuant to subdivision (f) of Section 21185 of the Public Resources Code. As required by Public Resources Code Section 21182(f), the binding and enforceable agreement also provides that Apple agrees to pay the costs of preparing the administrative record for the project concurrent with review and consideration of the project pursuant to CEQA, in a form and manner specified by the City of Cupertino for 3 AB 900 CONDITIONS Page DP-2-4 the project. Apple shall perform all obligations set forth in the April 12,2012 binding and enforceable agreement. 4 Annual Renewable Electricity Use Report—2021 Attachment 2 Summary table of monthly electricity use supplied from onsite generation and via Direct Access Apple Park AB900 2021 Attachment 2 2021 Renewable Energy Allotment for Apple Park Fuel Cell Generation Solar PV On-Site CalFlats PV Direct Access Energy On-Site (kWh) (kWh) (kWh) Jan 2,212,265 646,458 3,170,708 I Feb 2,118,709 890,901 2,701,747 I Mar 2,338,265 1,155,094 2,346,822 I Apr 2,340,487 1,309,886 1,876,372 I May 2,371,294 1,785,589 1,832,164 I June 2,248,275 1,735,283 1,920,567 I July 2,265,783 1,806,418 2,141,039 I August 2,189,004 1,636,692 2,447,923 I September 2,022,489 1,409,815 3,008,627 I October 2,021,072 1,174,902 3,195,942 I November 1,904,226 954,285 3,470,136 I December 1,898,138 647,968 3,627,774 I Total i. 25,930,007 15,153,289 31,770,271 Annual Renewable Electricity Use Report—2021 Attachment 3 WREGIS tracking system summary table for 2021 RECs generated from the California Flats solar PV project and delivered to Apple via Direct Access VrWECC All Certificates Printed Date:2/10/2022 9:18:12 PM Generator Certificate Green-e SubAccount WRED plant-Unit County State Fuel Vintage Vintage Serial Quantity AZ BC CA CO MT NV NM TX WA OR AB UT Energy Ecologo Hydro SMUD eTag eTag GU ID Name TYPe Month Year Numbers Eligible Certified Certification Eligible Matched CA Flats 5594-CA- California Not Not Contact Not Not Not Not I Not Not W5594 Fla-CA Monterey CA Solar 1 2021 to 1696-1 16,965 — No No No No No No No No Flats F Declared Declared CEC Declared Declared Declared Declared Declared Declared Flats 130 to 16965 I —L CA Flats 5594-CA- California Not Not Contact Not Not Not Not Not Not Flats W5594 130-CA Monterey CA Solar 2 2021 to 24196 24,196 Declared Declared CEC No No Declared Declared N0 Declared N0 Declared N0 Declared No No Declared No Flats 130 to 24196 California CA Flats 5594-CA- Not Not Contact Not Not Not Not Not Not Flats W5594 Fatsl 0 Monterey CA Solar 6 2021 to 40370 40,370 Not Declared CEC No No Declared Declared N0 Declared N0 Declared N0 Declared No No Declared No CA Flats 5594-CA- California Not Not Contact Not Not Not Not Not Not Flats W5594 Fla-CA Monterey CA Solar 7 2021 to 39375 39,375 Declared Declared CEC No No Declared Declared N0 Declared N0 Declared N0 Declared No No Declared No Flats 130 to 39375 CA Flats 5594-CA- California Not Not Contact Not Not Not Not Not Not Flats W5594 Fla-CA Monterey CA Solar 5 2021 to 42655 42,655 Declared Declared CEC No No Declared Declared N0 Declared N0 Declared N0 Declared No No Declared No Flats 130 to 42655 CA Flats 5594-CA- California Not Not Contact Not Not Not Not Not Not Flats W5594 130-CA Monterey CA Solar 4 2021 472813-1 35,100 Declared Declared CEC No No Dec tared Declared N0 Declared N0 Declared N0 Declared No No Declared No Flats 130 to 35100 CA Flats 5594-CA- California Not Not Contact Not Not Not Not Not Not Flats W5594 Fla-CA MontereyFCASolar 3 2021 to 30093 30,093 Declared Declared CEC No No Declared Declared N0 Declared N0 Declared N0 Declared No No Declared No Flats 130 to 30093 CA Flats 5594-CA No- FlatsCal ornia W5594 130-CA Monterey CA Solar 9 2021 512169-1 30,505 Declared Declared CECtact No No Declared Declared N0 Declared NNot Not No 0 Declared No Declared No No Declared No Flats 130 F,� F to 30505 California CA Flats �I to 35585 Declared Declared CECNot tact Declared Declared Declared Dec Notlared DecNotlared Declared Flats W5594 CA-CA Monterey CA Solar21 504437-1 35,585 No No N No N o No No No No No No Flats 130 to 35585 CA Flats 5594-CA- California Not Not Contact Not Not Not Not Not Not Flats W5594 Fla-CA Monterey CA Solar 10 2021 520062-1 20,397 Declared Declared CEC No No Declared Declared NO Declared NO Declared No Declared No I No Declared No Flats 130 to 20397 315,241 Page 1 of 1