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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/04/2021 - SECOND READING OF ORDINANCE NO. 091, 2021, AMENDIN Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY August 4, 2021 City Council STAFF Jamie Gaskill, Sr. Supervisor, Project Management Gretchen Stanford, Interim Deputy Director Brian Tholl, Energy Services Supervisor Lance Smith, Utilities Strategic Finance Director Cyril Vidergar, Legal SUBJECT Second Reading of Ordinance No. 091, 2021, Amending Chapter 26 of the Code of the City of Fort Collins Related to Water, Wastewater and Electric Rates, Fees, and Charges Applied Under the Income -Qualified Assistance Program. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 6, 2021, considers a Code amendment to extend the Income-Qualified Assistance Program (IQAP) pilot rate an additional year (through 2022) and align it with the Fort Collins Utilities’ rate ordinances that are considered in the fall. Additionally, this item considers Code amendments that would make administrative modifications to the program’s enrollment process. STAFF RECOMMENDATION Staff recommends adoption of Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, July 6, 2021 (w/o attachments) (PDF) 2. Ordinance No. 091, 2021 (PDF) Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY July 6, 2021 City Council STAFF Jamie Gaskill, Sr. Supervisor, Project Management Gretchen Stanford, Interim Deputy Director Brian Tholl, Energy Services Supervisor Lance Smith, Utilities Strategic Finance Director Cyril Vidergar, Legal SUBJECT First Reading of Ordinance No. 091, 2021, Amending Chapter 26 of the Code of the City of Fort Collins Related to Water, Wastewater and Electric Rates, Fees, and Charges Applied Under the Income-Qualified Assistance Program. EXECUTIVE SUMMARY The purpose of this item is to consider a Code amendment to extend the Income-Qualified Assistance Program (IQAP) pilot rate an additional year (through 2022) and align it with the Fort Collins Utilities’ rate ordinances that are considered in the fall. Additionally, this item considers Code amendments that would make administrative modifications to the program’s enrollment process. STAFF RECOMMENDATION Staff recommends adoption of Ordinance on First Reading. BACKGROUND / DISCUSSION The Income-Qualified Assistance Program (IQAP) was approved by Council and launched in October 2018 in conjunction with the Time-of-Day (TOD) electric rates. The pilot program was designed to reduce utility costs for qualifying low-income participants that opt-in to the program by providing a 23% discount on specific rate components of electric, water and wastewater services. The current pilot and associated discount are set to expire July 31, 2021, pursuant to City Code §26-724. The Ordinance extends the program beginning August 1, 2021, through December 31, 2022. Strategic Alignment Strategic Outcome o Neighborhood Livability and Social Health 1.3 - Improve accessibility of City and community program to low- and moderate-income residents and increase participation in service to eligible income-qualified residents. Our Climate Future o Equity-focused implementation seeking solutions that address a spectrum of needs within our community. o Next Move EEFB5: Provide focused energy efficiency and indoor air quality incentives for historically under-served households. The IQAP is one of five offerings in the Utilities Affordability Programs (UAP) portfolio that is designed to reduce utilities burdens for low- and moderate-income customers. Utility burden is defined as the percentage of a ATTACHMENT 1 Agenda Item 18 Item # 18 Page 2 household’s income that is spent on utility services such as gas, electric, water, wastewater and stormwater. Low-income households have been found to have disproportionately high utility burdens when compared to non- low-income households (ACEEE, 2020; US Water Alliance, 2016). The UAP includes programs that help reduce a customers’ utilities costs through payment assistance, efficiency improvements to homes, and education about efficiency practices. There are three programs that focus on payment assistance and two programs that help make dwellings more efficient. Payment Assistance: o The IQAP provides income-qualified customers a reduced rate on specific utility services. o The Medical Assistance Program (MAP) provides reduced rates for income-qualified customers who require the use of medically necessary equipment and/or require medically necessary air conditioning during the summer billing months. o The Payment Assistance Fund (PAF) allows qualified households with a current past-due notice to receive financial assistance once per 12-month cycle on their utility bill. More Efficient Dwellings: o Larimer County Conservation Corps (LCCC) Water and Energy Program o The Colorado Affordable Residential Energy Program (CARE) o Both programs are designed to provide no-cost retrofits to homes to make them more efficient and comfortable. Although Fort Collins Utilities is not a regulated public utility and is not required to follow the direction of the Public Utility Commission (PUC), Utilities often examines PUC recommendations for best practices in the industry. Under the current PUC rules 3412 (electric) and 4412 (gas), investor-owned utilities that serve Colorado retail customers “shall provide low-income energy assistance by offering rates, charges and services that grant a reasonable preference or advantage to residential low-income customers,” as permitted by state statute (§ 40- 3-106, C.R.S.). The UAP offerings are in alignment with the PUC recommendations. Current IQAP Program Design Utilities partners with the State of Colorado Department of Human Services (CDHS), who administer the Low- Income Energy Assistance Program (LEAP), for income-eligibility verification for IQAP. LEAP eligibility is based on household size and an income threshold of 60% of State Median Income (SMI). Utilities customers that are enrolled in the current or past LEAP season are eligible to complete an application to “opt-in” to participate in IQAP. Utilities sends bulk invites via mail or email to LEAP-enrolled customers annually to encourage them to apply for participation in IQAP. Customers can also fill out an application at any time during the year to be enrolled in the program, provided their LEAP enrollment can be verified. Applications can be completed online or via a paper form. Once an application is received by Utilities staff, the customer’s LEAP enrollment is verified and their rates are changed for the applicable services. In addition to receiving the reduced rate on services, IQAP participants are encouraged to participate in no-cost conservation programs, such as LCCC and/or CARE, to make their dwelling more efficient and to help reduce utility costs further. They also receive the monthly Utilities Insights newsletter that provides low- or no-cost tips and tricks for reducing utility use and costs. Initial IQAP Pilot Results The IQAP was launched in October 2018 and results discussed here are based on the first two full calendar years of the program (2019 and 2020). The following were used to analyze program impact for participants and overall ratepayer benefits, as required in Article XII, § 6 of the City Charter: Program enrollment numbers Reduced rate benefit to customers/utilities revenue impact Actual customer utility use (year one) Customer surveys o Pre- and post-program surveys annually o In-depth customer engagement survey (year one) Agenda Item 18 Item # 18 Page 3 Aggregate residential ratepayer utility benefits, including reduced system consumption, increased engagement by program participants in conservation education and retrofit programs, and improved consumption behaviors. When IQAP was approved in 2018, participation was projected to be 2,000 customers annually based on census data and expected LEAP enrollment. For the first two years of the program the actual average annual enrollment was 717 customers, or 36% of what was projected. Additionally, the projected benefit to customers was $441,000 and actual average annual benefit to customers was $141,944, or 32% of what was projected. The actual annual utility bill savings per customer was approximately $200. Table 1 summarizes program enrollment and the annual benefit to customers. Table 1: IQAP Planned and Actual Participation and Annual Customer Benefit Participation Annual Customer Benefit Planned* 2,000 $441,000 Actual** 717 $141,944 *Council approved in 2018 **Average annual participation and benefit for 2019-2020 Encouraging energy and water conservation through dwelling modifications and behavior change education has also been a focus of the IQAP pilot. Customers are invited to participate in programs such as LCCC and CARE. Table 2 summarizes IQAP customer participation in each program in 2019 and 2020. Due to the impacts of COVID-19, in March 2020 LCCC and CARE were put on hold because contractors were not able to do in-home assessments. As an alternative, customers were invited to request conservation kits to be sent to their homes. Kits contained do-it-yourself products that customers could install in their homes to reduce energy and water use. Approximately 85 IQAP customers have received kits since September 2020. Table 2: IQAP customer participation in LCCC and CARE 2019 2020 LCCC 90 27 CARE 7 1 In addition, IQAP participants were sent the monthly Utilities Insights newsletter via email or mail. The newsletter contained seasonal tips, tricks and programs for saving energy and water and ways to make homes healthier, with the goal of making this information more digestible for customers. Insights newsletters were offered in English and Spanish. (Attachment 1) Approximately 50% of participants received the newsletter via email. Open rates on the email version of Insights were significantly higher than the industry average and summarized in Table 3. Table 3: Open rates and click rates for emailed version of Utility Insights newsletter compared to industry averages. Open Rate Click Through Rate Utilities Insights E-Newsletter 48% 9.5% Government Agency or Services Industry Average* 29.98% 11.22% *Industry average according to Constant Contact data In an effort to examine impacts of conservation efforts associated with IQAP participation, staff engaged Apex Analytics, a Colorado based evaluation and analytics firm, to conduct an initial billing analysis for year one of the program (October 2018-September 2019). The analysis compared 538 IQAP participants to a control group (utilities customers that were enrolled in LEAP but not IQAP). The billing analysis found there to be no statistical change in water use and a 5% increase in energy use. (Attachment 2). Apex Analytics also designed a customer survey that was utilized to understand how IQAP benefited participants and impacted customer engagement and awareness of conservation programs. Survey invitations were sent to 527 IQAP participants and 175 customers completed the survey (33% response rate). Highlights from the findings from the IQAP participant survey include: Agenda Item 18 Item # 18 Page 4 76% of survey respondents have participated in or are aware of conservation programs. 76% of survey respondents report increased comfort in their home. 86% of survey respondents report being more secure in their ability to pay their utility bill. For additional survey findings, please see the attached Apex Analytics memo (Attachment 2). The first two full calendar years of IQAP implementation provided valuable information about program design and execution. Utilizing the “opt-in” application-based enrollment resulted in participation rates that were significantly less than what was projected. Enrollment moderately increased across the two years. The COVID-19 pandemic beginning in March 2020 coincided with the second full calendar year of the IQAP implementation. COVID-19 did not appear to significantly impact program enrollment in 2020, however, it did impact the conservation component of IQAP. For example, customers were not able to participate in LCCC or CARE after March 2020 because both programs were suspended due to COVID-19. The suspension significantly impacted participation rates which was apparent in the sharp decline in participation from 2019 to 2020. The effects of COVID-19 on this and other components of the program have made overall assessment of program effectiveness and sustainability difficult to determine. The pandemic’s continuing effects on customer behavior is one of the factors driving staff’s recommendations to extend the program pilot. Issues for Consideration The IQAP pilot rate is due to expire July 31, 2021, as stated in City Code §26-724. Staff recommends extending the rate pilot an additional year (through 2022) and aligning the rate with the annual Fort Collins Utilities’ rate ordinance that is considered by Council each fall. With the extension staff will: 1. Continue targeted engagement with low-income community members. Staff will utilize findings from participant surveys to tailor methods of engagement to make them more effective. 2. Build on existing enrollment and seek to enroll 1,300-1,500 customers annually. 3. Continue to promote participation in conservation programs and educate program participants about efficiency practices. 4. Analyze program impact (e.g., financial impacts and conservation impacts) for customers and the utility. 5. Conduct additional research on low-income programs offered by other municipal utilities to learn about the utility benefit of the programs. 6. Using updated census data staff will evaluate the 23% rate reduction to determine if the amount of the reduction is still appropriate for this customer group. 7. Analyze the estimated impacts of allowing customers to qualify for IQAP via other avenues in addition to LEAP. Staff also recommend that consideration be given to changing the program from an application-based/opt-in program to an auto-enroll/opt-out program. An auto-enroll program would eliminate the need for customers to fill out an additional application beyond the required LEAP application and is expected to significantly increase participation in the program. In addition to removing participation barriers for customers, auto enroll would decrease the amount of staff time required to administer the enrollment process and would allow staff to spend more time engaging directly with customers. Figure 1 illustrates how this would affect program processes and the customer experience. Agenda Item 18 Item # 18 Page 5 Figure 1: IQAP Application-based Enrollment Processes Versus Auto-Enroll Changes to the enrollment process will also integrate with citywide efforts to streamline income-qualified programs across the organization. For example, LEAP-enrolled customers that move into the Utilities service area outside of the auto enroll months (December - May) will be able to apply for IQAP via the online or mobile portals that are currently in development in partnership with Code for America. (Attachment 3). Should Council approve the change to an auto-enroll program, staff proposes starting the auto-enroll format with the 2021-2022 IQAP season that begins October 1, 2021. Staff will analyze the impacts of switching to auto- enroll and will report findings to Council in fall 2022. Extending the IQAP Rates and adjusting the IQAP Program enrollment, as described in the proposed Ordinance, will continue support for the utility purposes originally outlined for the pilot, including benefiting the rate payers by improving conservation practices through outreach and education; improving the rate of on-time payment of utility bills and reducing billing operation expenses, consistent with the purposes of Article XII, § 6 of the City Charter. CITY FINANCIAL IMPACTS Changing the IQAP enrollment format is projected to potentially double the community participation in the program which could increase the annual cost of the discount from $141,944 (0.1% of total utility operating revenues) to $272,342 (0.2% of total utility operating revenues). The costs for this program are included in the cost-of-service models for each utility. Table 4 illustrates the projected impact on overall participation and annual customer benefit and Table 5 illustrates the projected revenue impacts for each utility. Table 4: Projected Impact of Making IQAP an Auto-Enroll Program Participation Annual Customer Benefit Planned* 2,000 $441,000 Actual** 717 $141,944 Projected with Auto Enroll*** 1,372 $272,342 *Council approved in 2018 **Average annual participation and benefit for 2019-2020 ***Based on estimated 98% auto enrollment of all LEAP-enrolled customers Agenda Item 18 Item # 18 Page 6 Table 5: Projected revenue impacts by utility of making IQAP an auto-enroll program Utility Planned* Actual** Projected*** Electric $348,000 $105,782 $215,423 Water $39,000 $17,041 $23,149 Wastewater $54,000 $19,121 $33,770 TOTAL $441,000 $141,944 $272,342 *Council approved in 2018 **Average annual revenue impact for 2019-2020 ***Based on estimated 98% auto enrollment of all LEAP-enrolled customers BOARD / COMMISSION RECOMMENDATION The Affordable Housing Board, Energy Board, Water Commission recommends extending the IQAP rate pilot an additional three years and making the program an auto-enroll/opt-out program. (Attachment 4-6) Staff presented to the Council Finance Committee on June 16, 2021 and incorporated their feedback (meeting minutes are not yet available). PUBLIC OUTREACH The Affordable Housing Board, Energy Board, Water Commission and Council Finance Committee meetings were noticed and open to the public. Additionally, staff utilized feedback from IQAP participant surveys to inform proposed program extension and changes. Second Reading of the Ordinance has been scheduled for August 4, 2021, to allow for mailed and published notice of the hearing on the Ordinance thirty days in advance. ATTACHMENTS 1. Utilities Insights Newsletter (sample) (PDF) 2. Apex Analytics Memo (PDF) 3. Digital Access and Equity Outreach Update Memo (PDF) 4. Affordable Housing Board Minutes (draft) (PDF) 5. Energy Board Minutes (PDF) 6. Water Commission Minutes (draft) (PDF) 7. Powerpoint Presentation (PDF) -1- ORDINANCE NO. 091, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS RELATED TO WATER, WASTEWATER AND ELECTRIC RATES, FEES, AND CHARGES APPLIED UNDER THE INCOME-QUALIFIED ASSISTANCE PROGRAM WHEREAS, the City Council is empowered and directed by Article XII, §6 of the Fort Collins City Charter, to by ordinance from time-to-time fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses, and other obligations as set forth therein; and WHEREAS, the current rates, fees or charges for utility services set forth in Chapter 26 of the City Code are necessary to produce sufficient revenues to provide the utility services described herein; and WHEREAS, the revenue from the rates, fees or charges for utility services as proposed for adjustment herein shall be used to defray the costs of providing such utility services as required by the Charter and the City Code; and WHEREAS, on May 1, 2018, City Council adopted Ordinance No. 054, 2018, creating the Income-Qualified Assistance Program (“IQAP Program”) including eligibility, components, requirements, and discounted utility service rates for residential water, wastewater, and electric services furnished by respective enterprises of the City (the “IQAP Rates”), as codified in Articles III, IV, and VI of Chapter 26 of the City Code; and WHEREAS, the initial IQAP Rates were adopted for a limited period of time expiring July 31, 2021 such provisions require extension to remain in effect after that date; and WHEREAS, Fort Collins Utilities staff has identified provisions of Chapter 26 of the Code where consolidation and clarification of IQAP Program eligibility and practices are required to better align with City Council priorities, market efficiencies and utility practices; and WHEREAS, the City Manager and Utilities staff have also recommended to the City Council that City Code be clarified to align the applicable period for IQAP Rates with the applicable periods for other City utility rates; and WHEREAS, the Energy Board considered proposed City Code adjustments for the IQAP Program and Rates at its May 13, 2021, regular meeting and recommended approval of the proposed adjustments; and WHEREAS, the Water Commission considered the proposed City Code adjustments for the IQAP Program and Rates at its May 20, 2021, regular meeting, and recommended approval of the proposed adjustments; and -2- WHEREAS, the City Council Finance Committee considered the proposed City Code adjustments for the IQAP Program and Rates at its June 16, 2021, regular meeting and staff included the Committee’s feedback in the final adjustments proposed herein; and WHEREAS, the proposed extension of the IQAP Rates and adjustments to the IQAP Program benefit the public's health, safety and welfare and serve a utility purpose that benefits the rate payers by improving conservation practices through outreach and education; improving the rate of on-time payment of utility bills and reducing billing operation expenses, consistent with the purposes of Article XII, §6 of the City Charter; and WHEREAS, based on the foregoing, City Council desires to amend Chapter 26 of the City Code to adjust customer eligibility for the IQAP Program and IQAP Rates for electric and water, and wastewater services as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. Section 26-724(b), (c) and (d) of the Fort Collins City Code are hereby amended to read as follows: Sec. 26-724. - Residential income-qualified assistance program. . . . (b) Qualification. As set forth in this Section, a an opt-out discount on certain components of City utility service rates applied under this Chapter shall be available for qualified customers who satisfy the following criteria: . . . (c) Enrollment. Customers may begin receiving the discounts described in this Section through the following methods:Applications. Applications for discounts under this Section must be submitted annually in accordance with an administratively established schedule available from the Fort Collins Utilities. (1) Auto enrollment; opt-out. Customers identified by the Utility as qualified based on subsection (b) above shall be automatically enrolled in the program on an annual basis and receive the discounted service rates set forth in subsection (d) below. The Utility may rely on current enrollment in LEAP to qualify customers without requiring a program-specific application. Any customer who does not wish to receive such discount may contact the Utility customer service office to request removal from (i.e. “opt-out” of) the program created by this Section; and -3- (2) Application. Customers not otherwise automatically enrolled may enroll in the program via an application, provided the customer’s enrollment in LEAP can be verified. (d) Rates. The discounts applied to monthly base and volumetric rates for qualified IQAP customers shall be as set forth in Sections 26-127(a), 26-280, 26-464(c), and 26-465(c) of this Code on meter readings during the period of August 1, 2021, through July December 31, 2022 (beginning October 1, 2018 and ending July 31, 2021). . . . Introduced, considered favorably on first reading, and ordered published this 6th day of July, A.D. 2021, and to be presented for final passage on the 20th day of July, A.D. 2021. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 4th day of August, A.D. 2021. __________________________________ Mayor ATTEST: _____________________________ City Clerk