HomeMy WebLinkAboutOrdinances - No. 1820ORDINANCE NO. 1820
BE IT ORDAINED BY THE LODl CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Chapter 13.20 is hereby amended by adding a new
Section 13.20.31 5, “Schedule EDR - Economic Development Rates,” to read as follows:
13.20.315 SCHEDULE EDR - ECONOMIC DEVELOPMENT RATES
APPLICABILITY:
This rate is available to qualified commercial customers for the purpose of (i) new industrial
business attraction or existing industrial facility expansion, (ii) new business attraction
directly related to tourism and/or the wine industry and (ii) new business attraction directly
related to the green technology sector. Customers must file an application requesting an
Economic Development Rate (EDR) discount prior to taking electric service for the qualified
new or expanded load.
INDUSTRIAL BUSINESSES
QUALIFYING CUSTOMERS:
An industrial customer is one who operates facilities that are not involved in the sale of
goods and services directly to the public as determined by the Electric Utility Department
(EUD).
BASE DISCOUNT:
The Base Discount shall equal ten percent (10%) of the electric bill associated with the
qualified new or expanded load. The Base Discount shall not apply to the Solar Surcharge,
CEC fee, State Energy Tax, or any other assessment or charge levied on electric bills after
the effective date of this rate schedule unless specifically provided otherwise. (Note: The
EDR is not available for GI customers.)
JOBS CREATION DISCOUNT:
An EDR qualified customer may receive an additional five percent (5%) discount of the
electric bill associated with the qualified new or expanded load if they create a minimum of
25 new jobs (G2 customers) or 50 new jobs (G3, G4, G5, and I1 customers). If the new job
count associated with qualified new or expanded load falls below this level in any given
month, no Jobs Creation Discount shall be applied for that month. The Jobs Creation
Discount shall not apply to the Solar Surcharge, CEC fee, State Energy Tax, or any other
assessment or charge levied on electric bills after the effective date of this rate schedule
unless specifically provided otherwise.
ENERGY EFFICIENCY Dl SCOU NT:
An EDR qualified customer may receive an additional five percent (5%) discount of the
electric bill associated with the qualified new or expanded load if the new facilities
constructed for the new or expanded load are awarded a Silver or higher “Leadership in
Energy and Environmental Design” (LEED) designation. Following receipt of the applicable
LEED certification, the additional discount shall become effective for the remainder of the
EDR period.
ENTERPRISE ZONE DISCOUNT:
G2
G3
An EDR qualified customer may receive an additional five percent (5%) discount of the
electric bill associated with the qualified new or expanded load if the new or expanded load
are located within the boundaries of the City’s Enterprise Zone as set forth at the time of
customer application.
50 kilowatts (KW)
50 KW
MAXIMUM DISCOUNT LEVEL:
G5
I1
In no event may a single new or expanded load receive a total discount in excess of twenty
percent (20%) of the electric bill associated with the qualified new or expanded load.
200 KW
200 Kw
MINIMUM LOAD ADDITION:
To qualify for the Economic Development Incentive Discount, the new or expanded load
must be sized at or greater than the following:
I G4 I IOOKW I
Customer must provide information satisfactory to EUD regarding the planned size of the
new.or expanded load. The new or expanded load eligible for an EDR shall be separately
metered. If a customer’s discounted load level falls below the applicable minimum level in
any given month, no discount shall be applied for that month.
LOAD FACTOR:
Customer shall maintain a monthly load factor of at least forty-five percent (45%) for the load
receiving a discount. If the load factor falls below this level in any given month, no discount
shall be applied for that month.
SCHEDULE I1 AMENDMENT
On the effective date of this Schedule EDR, the provision of the I1 Rate Schedule providing
for a ten percent (10%) discount in electric rates for 42 months if a customer adds 200 KW
or more of electric load, shall be null and void.
TOURISM AND/OR WINE INDUSTRY BUSINESSES
QUALIFYING CUSTOMERS:
The EDR shall apply only to those new businesses that are substantially and directly related
to tourism and/or the wine industry as determined by EUD. Examples of such businesses
include those that are marketing Lodi and/or local wine products, hotel including bed and
breakfast establishments, and restaurants, gift shops, and boutique-type stores within or
immediately adjacent to the downtown Lodi shopping district.
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BASE DISCOUNT:
The Base Discount shall equal ten percent (10%) of the electric bill associated with the
qualified new or expanded load. The Base Discount shall not apply to the Solar Surcharge,
CEC fee, State Energy Tax, or any other assessment or charge levied on electric bills after
the effective date of this rate schedule unless specifically provided otherwise.
“GREEN” TECHNOLOGY BUSINESSES
QUALl FY I N G CUSTOMERS:
The EDR shall apply only to those new businesses that are substantially and directly
involved in the development, marketing, sale, manufacturing, and/or installation of green
technology products and services as determined by EUD. Examples of such businesses
include those directly involved in solar, wind, geothermal, biomass, and fuel cell industries.
Green Technology Businesses that are otherwise eligible for an EDR Industrial Business
discount may elect to apply for that discount in lieu of this Green Technology Business
discount.
BASE DISCOUNT:
The Base Discount shall equal ten percent (10%) of the electric bill associated with the
qualified new or expanded load. The Base Discount shall not apply to the Solar Surcharge,
CEC fee, State Energy Tax, or any other assessment or charge levied on electric bills after
the effective date of this rate schedule unless specifically provided otherwise.
GENERAL PROVISIONS
LENGTH OF DISCOUNT:
As to any customer, the EDR shall apply for a period of thirty-six (36) months.
TERM OF EDR SCHEDULE:
This Schedule EDR shall be in effect until June 30, 2011, for new customers. Once a
customer is placed on this rate schedule, however, that customer’s discount shall be in
effect for thirty-six (36) months unless terminated earlier as provided in this schedule.
I M P LEM ENTATIO N :
EUD shall be responsible for establishing administrative rules and processes for
administering this rate schedule. Customers shall provide information on a timely basis to
enable EUD to verify eligibility and to administer the terms of this rate schedule.
SECTION 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be
construed or given effect in a manner which imposes upon the City, or any officer or
employee thereof, a mandatory duty of care towards persons or property within the City or
outside of the City so as to provide a basis of civil liability for damages, except as otherwise
imposed by law.
SECTION 3. Severability. If any provision of this ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
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applications of the ordinance which can be given effect without the invalid provision or
application. To this end, the provisions of this ordinance are severable. The City Council
hereby declares that it would have adopted this ordinance irrespective of the invalidity of any
particular portion thereof.
SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION 5. This ordinance shall be published pursuant to law and shall become effective
30 days from the date of passage and adoption.
SECTION 6. This amended Schedule referenced above shall be effective on applicable
electric utility billings prepared by the City of Lodi on or after July 1, 2009, or the first date
allowable under State law.
Approved this 1 5th day of April, 2009
A
MAYOR
City Clerk
State of California
County of San Joaquin, ss.
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1820 was
introduced at a regular meeting of the City Council of the City of Lodi held April 1,2009, and
was thereafter passed, adopted, and ordered to print at a regular meeting of said Council
held April 15, 2009, by the following vote:
AYES:
NOES: COUNCIL MEMBERS - None
COUNCIL MEMBERS - Hitchcock, Johnson, Katzakian, and
Mayor Hansen
ABSENT: COUNCIL MEMBERS - Mounce
ABSTAIN: COUNCIL MEMBERS - None
I further certify that Ordinance No. 1820 was approve
of its passage and the same has been published pu
by the Mayor on the date
City Clerk
D. STEPHEN SCHW
City Attorney
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