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97-235A RESOLUTION OF AMENDING RATES, DISTRIBUTION OF NO. 71R -478 AND NOS. 97R -97. RESOLUTION NO. 97R -235 THE CITY COUNCIL OF THE CITY OF ANAHEIM RULES AND REGULATIONS FOR THE SALE AND ELECTRICITY AS ADOPTED BY RESOLUTION MOST RECENTLY AMENDED BY RESOLUTION WHEREAS, the City of Anaheim (Anaheim) maintains electric generation and distribution systems for the distribution of electricity to residents and inhabitants of Anaheim and has adopted Rates, Rules and Regulations for the sale and distribution of electricity; and WHEREAS, the Anaheim Municipal Code authorizes the City Council to approve reasonable Rates, Rules and Regulations governing electric service and fees for providing electric service; and WHEREAS, Section 385 of the California Public Utilities Code requires that each local publicly owned electric utility establish a nonbypassable usage based charge to fund investments by the utility and others for certain enumerated public benefit purposes, which charge shall be collected from all electric service customers of Anaheim's electric utility, regardless of the customer's energy supplier; and WHEREAS, those statutorily- enumerated purposes are 1) cost effective demand -side management services, 2) new investment in renewable energy resources and technologies consistent with existing statutes and regulations which promote those resources and technologies, 3) research, development and demonstration programs for the public interest to advance science or technology which is not adequately provided by competitive and regulated markets, and 4) services provided for low- income electricity customers, including but not limited to, targeted energy efficiency service and rate discounts; and WHEREAS, the statute requires that the amount of the charge by local publicly owned electric utilities shall be based on expenditures, on a percentage of revenue basis, for the enumerated purposes by the investor owned utilities in California; and WHEREAS, at its meeting on October 16, 1997, the Public Utilities Board recommended approval of the Public Benefit Program and Rule 25 of the Electric Rates, Rules and Regulations establishing a nonbypassable CA Public Benefit Fee for all electric service customers; and WHEREAS, the City Council further finds and determines that revision of the text of the Rules and Regulations is exempt from the California Environmental Quality Act pursuant to Section 21080(b)(8) of the California Public Resources Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. Rule 25 of the Electric Rates, Rules and Regulations as set forth in Appendix A establishing a CA Public Benefit Fee shall be, and is hereby, adopted and shall be effective January 1, 1998. 2. The Public Benefit Program shall be, and is hereby, approved. 3. That the Public Utilities General Manager is authorized and directed to implement and administer the Public Benefit Program and CA Public Benefit Fee as necessary to comply with statutory requirements and to prepare, promulgate, publish and take all actions necessary to implement Rule 25 of the Electric Rates, Rules and Regulations as necessary to comply with statutory requirements and as forth herein. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 9day of Dec. 1997. CITY CLERK OF THE CITY OF ANAHEIM 24474 \lmoses \November 24, 1997 t %lam Of MAYO OF THE CIT OF ANAH 1 CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 ISSUED BY: Edward K. Aghjayan General Manager ELECTRIC RATES, RULES AND REGULATIONS RULE NO. 25 CA PUBLIC BENEFIT FEE Page No. 3.25.1 A. GENERAL AB 1890 is California's comprehensive electric restructuring legislation which was sign into law on September 23, 1996; and became effective immediately. Article 8, which applies to all publicly owned utilities, is a requirement to collect a separate charge. Publicly owned utilities are allowed to spend the money collected in any of four categories cited in Public Utilities Code Section 385, which states that: "Each local publicly owned electric utility shall establish a nonbypassable, usage based charge on local distribution service of not less than the lowest expenditure level of the three largest electrical corporation in California on a percent of revenue basis calculated from each utility's total revenue requirement for the year ended December 31, 1994, and each utility's total annual expenditure under paragraphs (1), (2), and (3) of subdivision (c) of Section 381 and Section 382, to fund investments by the utility and other parties in any or all of the following: (1) Cost effective demand -side management services to promote energy efficiency and energy conservation. (2) New investment in renewable energy resources and technologies consistent with existing statues and regulations which promote those resources and technologies. (3) Research, development and demonstration programs for the public interest to advance science or technology which is not adequately provided by competitive and regulated markets. (4) Services provided for low- income electricity customer, including but not limited to, targeted energy efficiency service and rate discounts." B. CA PUBLIC BENEFIT FEE The lowest percentage of the three investor owned utilities is the minimum charge to be collected by publicly owned utilities. Based on the formula and numbers supplied by the California Energy Commission, there is a statewide public utility consensus that the appropriate number for publicly owned utilities is a 2.85% for total revenue requirement collected in 1998 through 2000, and 2.7% in 2001. (AB 1890 allows lower expenditures for an investor owned utility in 2001.) Publicly owned utilities should initiate collection of the Public Benefit Fee coincident with the start date imposed on investor -owned utilities, which is January 1, 1998. Effective: 01 -01 -98 by Resolution No.: 97R- Superseding Resolution No.: Dated: Dated: CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 ISSUED BY: Edward K. Aghjayan General Manager ELECTRIC RATES, RULES AND REGULATIONS RULE NO. 25 CA PUBLIC BENEFIT FEE Page No. 3.25.2 Since the charge is a "nonbypassable" charge on the local distribution service, it is collected from all customers connected to the Anaheim Public Utilities distribution system, regardless of the customer's energy supplier. C. ADJUSTMENT OF ELECTRIC BILLS The City Council, by Resolution, has enacted the statutory mandated Public Utilities Public Benefit Program and enacted the CA Public Benefit Fee to be effective January 1, 1998. The CA Public Benefit Fee of 2.85% shall appear as a line item on the customers' bills. The Fee will be collected on the electric revenues of all customers tied to the distribution system. The Fee is collected over a four year period from January 1, 1998 through December 31, 2001. These funds shall be maintained in a separate account and disbursed for Public Benefit Program. Effective: 01 -01 -98 by Resolution No.: 97R- Superseding Resolution No.: Dated: Dated: STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 97R -235 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 9th day of December, 1997, by the following vote of the members thereof: AYES: MAYOR /COUNCIL MEMBERS: McCracken, Lopez, Daly NOES: MAYOR /COUNCIL MEMBERS: Tait, Zemel ABSENT: MAYOR /COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 97R -235 on the 9th day of December, 1997. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 9th day of December, 1997. (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 97R -235 was duly passed and adopted by the City Council of the City of Anaheim on December 9th, 1997. CITY CLERK OF THE CITY OF ANAHEIM M l cc-a CITY CLERK OF THE CITY OF ANAHEIM