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HomeMy WebLinkAboutOrdinances - No. 1944ORDINANCE NO. 1944 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 13.20 — ELECTRICAL SERVICE — BY REPEALING AND REENACTING SECTION 13.20.290, "SCHEDULE EP — ENERGY PURCHASE," IN ITS ENTIRETY BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Lodi Municipal Code Chapter 13.20 — Electrical Service is hereby amended by repealing and reenacting Section 13.20.290, "Schedule EP — Energy Purchase," in its entirety, and shall read as follows: APPLICABILITY: This schedule is applicable to qualifying customer -owned and operated generating alternating current (AC) facilities operating in parallel with the City's electric distribution system. The customer -generator must currently be, or will be, served by the City of Lodi Electric Utility (LEU). Generating facilities must be rated 1 MWcEc-Ac or less, located on the customer -generator's premises, and intended for the purpose of offsetting a part or all of the customer - generator's own electrical requirements. In no case shall the energy, capacity, and/or other attributes be available for resale by the customer. This schedule is available only to customers who do not otherwise qualify for compensation for customer -owned generation under another LEU rate schedule or contract. RATES: Energy Charges: Customer will be billed for all usage at the applicable service rate in effect when the electric service was rendered in accordance with the eligible customer -generator's otherwise applicable rate schedule based on metered usage for energy delivered and received after the customer -generator serves its own instantaneous load. Energy Purchase Credit: Credit will be provided to the customer for all metered customer -generated energy that exceeds the energy consumed, and is therefore exported to LEU's distribution system, at a rate equal to the avoided cost to LEU; the specific value of which will be determined and updated annually by LEU based on the following components: avoided energy and transmission costs, environmental attribute value (if applicable, based on generation type), avoided system loss, and avoided capacity value. Energy Purchase Credit values will be published each year by June 1 on LEU's website and provided to customers receiving service under this schedule. The above charges and credits will be determined in accordance with LEU's metering specifications. LEU reserves the right to install additional metering equipment for statistical and/or billing purposes. BILLING: For each billing month, the customer shall receive a bill including all applicable Energy Charges, including, but not limited to, customer charges, energy charges, demand charges, and any surcharges, taxes, and/or discounts in accordance with their otherwise applicable rate schedule. The bill will also include all applicable Energy Purchase Credits which shall be used to offset the Energy Charges in a given billing month. Any credit(s) remaining at the end of each billing month shall carry forward and be applied to the customer's next monthly electric bill. Any outstanding charges will be due and payable at the end of each billing month. Monthly customer charges, public benefit charges, and all other surcharges shall be non -bypassable. SPECIAL CONDITIONS: Other conditions shall apply to this schedule as specified in the City of Lodi Electric Utility Department's Rules and Regulations, as updated from time to time, and Engineering Standards and Specifications (including metering requirements) which are available for review on LEU's website. Customers will be responsible for any and all metering and interconnection charges as required to provide service under this schedule. Said charges will be determined and updated annually by LEU and be based on the cost(s) associated with providing service under this schedule. A schedule of charges will be available on LEU's website. Any capacity or environmental attributes associated, now or in the future, with the credited excess energy produced by the customer -generator at sites subject to this schedule shall belong to the City. Capacity attributes include, but are not limited to, system, local, and/or flexible resource adequacy capacity, if any. Environmental attributes include, but are not limited to, Renewables Portfolio Standard eligible resources, renewable energy credits, greenhouse gas credits, and/or emission reduction credits, if any. LEU reserves the right to require a contract should it determine the customer -owned generator does not otherwise meet the specified applicability requirements to qualify under this schedule or another LEU rate schedule. Customers currently taking service under Schedule NEM shall continue to be billed in accordance with Schedule NEM for 20 years from the date of interconnection of their existing customer -owned generation facility, after which time they will be given the option to take service under this Schedule EP in order to continue to receive credit for their customer - owned generation. 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 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. 2 SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 5. Effective Date and Publication. This Ordinance shall take effect on September 1, 2017. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adaption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Approved this -2'd day of August, 2017 ATTEST: IFER M'. ity Clerk DOUG Kl),E NE Mayor ,i State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1944 was introduced at a regular meeting of the City Council of the City of Lodi held July 19, 2017, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held August 2, 2017, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Nakanishi, and Mayor Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mounce ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1944 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form: JANICE D. MAGDICH City Attorney 3