HomeMy WebLinkAboutOrdinances - No. 1853ORDINANCE NO. 1853
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING
CHAPTER 13.20 - ELECTRICAL SERVICE - BY REPEALING
AND REENACTING SECTION 13.20.225, “SCHEDULE NEM -
“SCHEDULE CEM - CO-ENERGY METERING RIDER
NET ENERGY METERING RIDER,” AND SECTION 13.20.227,
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BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Section 13.20.225, “Schedule NEM - Net Energy
Metering Rider,” is hereby repealed and reenacted to read as follows:
A. PURPOSE: The purpose of this rider is to establish rates, terms, and conditions for
providing net metering services to customers generating electricity using solar and
wind facilities of IMW or less in size. This rider complies with California State
legislation requiring every electric utility in the state, including municipally-owned
utilities, to develop a standard contract or tariff providing for net energy metering, as
defined below.
6. APPLICABILITY: This schedule is applicable to service for customers where a part
or all of the electrical requirements of the customer can be supplied from a solar or
wind power production source owned and operated by the customer (customer-
generated). Availability of this schedule to eligible customer-generators will be on a
first-come, first-served basis and will be available until such time the total rated
generating capacity used by eligible customer-generators equals five percent of the
City of Lodi aggregate customer annual peak demand.
The solar or wind generation source must: 1) have a capacity of 1 MW or less, 2) be
located on the customer-generator‘s premises, 3) be connected for parallel operation
with Lodi’s distribution facilities, and 4) be intended for the sole purpose of offsetting
a part or all of the customer-generator’s own electrical requirements. In no case
shall the power or energy generated by the customer-owned solar or wind source be
available for resale, except as specified under this rider.
Additional terms and conditions for service, including terms of interconnection and
parallel operation, are specified in a customer-specific Electrical Interconnection and
Net Energy Metering Payment Agreement.
C. RATES: Charges for electricity supplied by the City will be based on metered usage
in accordance with Special Conditions (3) and (5) below. Rates charged under this
schedule will be in accordance with the eligible customer-generator’s otherwise
applicable rate schedule. Public Benefit charges and monthly customer charges
shall not be by-passable.
D. SPECIAL CONDITIONS:
1. Other Agreements: A signed Electrical Interconnection and Net
Metering Payment Agreement between the customer-generator and
the City is required for service under this schedule.
2. Metering Equipment: Net energy metering shall be accomplished
using a single meter capable of registering the flow of electricity in
two directions. If customer’s existing electrical meter is not capable
of measuring the flow of electricity in two directions, the customer-
generator shall be responsible for all expenses involved in
purchasing and installing a meter that is capable of measuring
electricity in both directions.
Co-Energy Metering customers transferred to Net Metering pursuant
to Lodi Municipal Code 13.20.227, may remain on the dual meter
system. Net Energy Metering customers, at their election may opt for
the dual meter system.
3. Net Energy Metering and Billing: Net Energy is defined as measuring
the difference between the electricity supplied by the City through the
electric grid to the eligible customer-generator and electricity
generated by an eligible customer-generator and fed back into the
electric grid over a 12-month period.
In the event that the electricity supplied by the City during the 12-
month period exceeds the electricity generated by the eligible
customer-generator during the same period, the eligible customer is
a net electricity consumer and the City shall bill the customer for the
net consumption during the 12-month period based on the retail price
per kilowatt-hour for eligible customer-generator‘s rate class over the
same period.
The City shall provide the customer-generator with net electricity
consumption information on each regular bill. That information shall
include the current amount owed to the City for the net electricity
consumed. Customer-generator may exercise the option to pay
monthly for the net energy consumed, but in any event shall be
responsible for any payments due at the end of each 12-month
period.
4. Attributes: Any Capacity Attributes or Environmental Attributes
associated with the renewable energy produced by the customer-
generator at sites subject to this schedule shall belong to the City
with the sole exception of Renewable Energy Credits for solar and
wind generation up to the amount of on-site consumption. Capacity
Attributes include, but are not limited to, System Resource Adequacy
Capacity and Local Resource Adequacy Capacity, if any.
Environmental Attributes include, but are not limited to, Renewable
Portfolio Standard recognition, Renewable Energy Credits,
Greenhouse Gas Credits, and Emission Reduction Credits, if any.
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5. Excess Energy: Net energy metering will be administered on an
annualized basis, beginning with the month of interconnection of the
customer’s generating system with the City’s electrical system.
Electric solar and wind generation production may result in a dollar
credit carrying forward to the next billing period. If a credit
accumulation results in a net customer-owned generation credit at
the end of the annualized year, unused dollar credits will be set to
zero and not be carried into the new annualized year unless the
customer-generator affirmatively elects to be paid for such excess. If
the customer-generator so elects, the City shall either pay the
customer-generator or credit the customer generator’s account for
such excess at the Baseline Energy Cost rate specified in Schedule
ECA plus the Energy Cost Adjustment rate averaged for the billing
periods with excess generation.
6, Rules and Regulations: Other conditions specified in the City of Lodi
Electric Utility Department‘s Rules, Regulations and Engineering
Standards shall apply to this electric rate schedule.
SECTION 2. Lodi Municipal Code Section 13.20.227, “Schedule CEM - Co-Energy
Metering Rider,” is hereby repealed and reenacted to read as follows:
13.20.227 - Conversion of Prior Schedule CEM - Co-Energy Metering Rider:
A. On the effective date of this Ordinance, customer generators on the City’s
prior Schedule CEM Co-Metering Rider will be converted to the City’s Schedule NEM-Net
Energy Metering Rider. In calendar year 201 1, the annual Net Energy bill as provided in
Lodi Municipal Code Section 13.20.225(D)(3), shall be calculated retroactive to January 1 I
2011, and the annual Excess Energy credit or payment (if any) shall be calculated
retroactive to January 1, 201 1.
SECTION 3. No Mandatorv Dutv 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 4. 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
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 5. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION 6. This ordinance shall be published pursuant to law and shall become effective
30 days from the date of passage and adoption.
SECTION 7. The amended Schedules referenced above shall be effective on applicable
electric utility billings prepared by the City of Lodi on or after January 1,201 2, or the first date
allowable under State law.
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Approved this 2"d day of November, 201 1
TT ST: * &ST:
, MAYOR
State of California
County of San Joaquin, ss.
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1853 was
introduced at a regular meeting of the City Council of the City of Lodi held October 19,201 1,
and was thereafter passed, adopted, and ordered to print at a regular meeting of said
Council held November 2, 201 1 , by the following vote:
AYES: COUNCIL MEMBERS - Hansen, Katzakian, Mounce, Nakanishi,
and Mayor Johnson
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
I further certify that Ordinance No. 1853 was approved and signed by the Mayor on the date
of its passage and the same has been published pursuant to law. & City Clerk
Amroved to Form: ..
D. STEPHEN SCHWABTUER
City Attorney
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