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HomeMy WebLinkAbout104 - 09/06/2016 - MAKING CERTAIN AMENDMENTS TO CHAPTER 26 OF CITY CODE PERTAINING TO ELECTRIC, WATER AND WASTEWATER RA ti ORDINANCE NO. 104, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING CERTAIN AMENDMENTS TO CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO ELECTRIC, WATER AND WASTEWATER RATES, FEES AND CHARGES ASSOCIATED WITH THE INCOME QUALIFIED RATE PILOT STUDY WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of e City harter to fix, establish, maintain and provide for the collection of such rates, fe s or charges or utility services furnished by the City as will produce revenues sufficient to ay the costs, exp ses and other obligations of the electric utility, as set forth therein; and WHE AS, on December 6, 2011, the City Council adopted Ordinance o. 166, 2011, adjusting the Res' ential Class Electric Rates to support conservation values th ugh a tiered rate structure, effective nuary 1,2012; and WHEREAS, in ril 2012, the City Council directed staff to de lop electric service rate alternatives for low-inco e customers who operate -durable in ical equipment and air conditioning due to medica onditions, recognizing that such c tomers may not be able to adjust their energy consumptio in response to conservation in ntives as significantly as other customers; and WHEREAS, on May 1, 201 , the City Counc' adopted Ordinance No. 034, 2012, creating a Medical Assistance Progra (MAP) to qualize, relative to typical residential customers, the electric service rate charge to qua ' ying low-income customers who operated certain medically-necessary equipment and ai o itioners; and WHEREAS, since 2012, advanced lect ' and water meter data has enabled City Utilities staff to develop improved rate s cture in els and identify opportunities to increase City utility customer adoption of conser tion behavior nd practices; and WHEREAS, staff believes at many low-income a 'lity customers who do not qualify for the MAP, experience similar stacles to adoption of conse vation behaviors and practices as the customers for which MAP as designed; and WHEREAS, in 2 4, the City engaged in a comprehensive to -income program review which led to several aff recommendations to improve conservation d efficiency program participation by low 'ncome customers; and WHE S, at the January 27, 2015, City Council work session, staff pr ented customer efficiency pr gram data and recommendations for incorporating education, incom qualification, accessibili , internal and local non-profit collaboration, and creative funding into City utility rate stru ures to incentivize conservation practices by low-income customers; and WHEREAS, in 2015, staff studied and concluded that development of an'Inc e- alified Rate (IQR) may be an effective utility conservation strategy, if aimed at equalizi Postponed Indefinitely on First Reading September 6, 2016 lative to typical residential customers, the utility costs paid by low-income customers, wh m not have the ability to participate in conservation programs due to transportation issues, lack Of ti e, or lack of financial resources to pay conservation or efficiency program costs; and EREAS, at the January 25, 2016, City Council Finance Committee mee ng, staff presented p liminary options to improve the City's utility conservation and efficien programs by adoption a discounted utility service rate structure for low income househ ds, based on state and region census income data; and WHEREAS, t the June 14, 2016, City Council work session, st f incorporated City Council feedback fro January 25, 2016, and presented revised options o improve the City's utility conservation and ficiency programs, including a discounted ut' ity service rate structure for households with inc es at or below 165% of the Federa Poverty Level (FPL) as determined under the povert uidelines updated periodically in th ederal Register by the U.S. Department of Health and Hum n Services; and WHEREAS, Larimer Cou administers the stat sponsored Low Income Energy Assistance Program (LEAP), which q alifies low income pplicants for energy assistance based on a statewide percentage of FPL, whic or 2017 is anti ipated to be 165% of FPL; and WHEREAS, staff recommends that e Lar' er County Department of Human Services LEAP qualification process be utilized to d ermine eligibility for the IQR to achieve administrative efficiencies and ease of applicati for customers; and WHEREAS, based on City Coun ' feedba from June 14, 2016, staff recommends implementation of the IQR for resident' water, wast water, and electric customers through a two-year pilot study, beginning Januar 1, 2017; and WHEREAS, staff has de rmined that adequate ut 'ty enterprise fund reserves are available to offset the revenue ' pact of the proposed IQR di ounts and satisfy the Utilities' costs of service requirements der the City Charter, without incre sing the service rates paid by other utility customers duri the pilot study; and WHEREAS, at ' s February 4, 2016, meeting the Energy Board nsidered the proposed electric rates, fees a d charges, associated with IQR and recommended pproval of the rate changes associated ith the pilot study; and WHE AS, at its January 21, 2016, meeting the Water Board considere the proposed water and w tewater rates, fees and charges, associated with IQR and recommende approval of the rate c nges associated with the pilot study; and HEREAS, the City Manager and staff have recommended to the City Coun '1 the wat , wastewater, and electric rate adjustments and City Code rate language additions fo all p icipating customer billings issued with meter readings on or after January 1, 2017 escribed herein; and Postponed Indefinitely on First Reading September 6,'2016 WHEREAS, staff believes that an IQR will serve the specific utility purposes fa ilitating energy and resource conservation by and affordable utility rates for income quali ed cus mers, which is beneficial to the ratepayers as further outlined in the agenda item su ary for th June 14, 2016 City Council Work Session and requir/NCILOF cle XIII, Section of the City Ch er; and WH EAS, staff is prepared to mail and publish not recommend utility rate changes descr ed herein as required by law after adoption ofnance on f st reading and second reading 11 be scheduled accordingly; and WHEREAS, ased on the foregoing, it is the desire ofou it to amend Chapter 26 of the City Code to revise the water, wastewater, an r es, fees and charges associated with an IQR of study. NOW, THEREFOR BE IT ORDAINED BY THCIL OF THE CITY OF FORT COLLINS as follows: rSection 1. That the Cit Council hereby makess the determinations and findings contained in the recitals set rth above, includingLit not limited to the finding that the IQR pilot study will serve the speci c utility purpose of facilitating energy and resource conservation by and affordable utility rat for income alified customers, which is beneficial to all ratepayers of the utilities as contemplate in Articl III, Section 6 of the City Charter. Section 2. That Section 26-127 of Code of the City of Fort Collins, regarding meter rates for residential customers of the wate tility, is hereby amended by the adoption of a new subsection (a)(4) to read as follows: Sec. 26-127. - Schedule B, meter tes. (a) Residential rates (4) Income qc lified rate (IQR)for residential stomers-pilot study. a. Objec 've. The City has identified potential b efits available through a water rate discount for income-qualified residentia customers, including encouragi g customer participation in water consery ion education and efficien programs, and lowering the threshold for custo er investments in reside tial water system upgrades. In order to study these benefits, Utility Ser ces shall conduct a temporary pilot study implementing a re •dential income q lified rate (IQR) beginning with first the billing cycle commence on or after anuary 1, 2017, and concluding after twenty four (24) full billing ycles (the pilot study period). b. Scope. During the pilot study period, the IQR shall be charged all residential customers accepted into and enrolled in the Larimer County L w Income Energy Assistance Program_(LEAP) and identified as a Utilities Servic Postponed Indefinitely on First Reading September 6, 2016 customer. To receive the IQR discount, customers must apply and be qualified r LEAP. C. Rate. During the pilot study period, customers qualified for the I as set forth herein shall receive a discount of forty-five percent (45%) off eir total onthly water utility service charges based on the fixed and volum ric rates in S sections (a) (1)-(3) above.' d. PILOT. IQR customers shall pay the full charge for p ments in lieu of taxes ( OT) and franchise due under Code Section 2 -118, without any discount o the six percent (6%) rate set forth therein. Section 3. That Se 'on 26-278 of the Code of the Cit of Fort Collins, regarding classification of wastewater utilit users, is hereby amended by the doption of a new subsection (9) to read as follows: Sec. 26-278.— Classification o secs. (9) Category 1 - Income qualifi rate (IQR) ilot study. Users in this category shall' include Category A, B, and C custom _s partici ting in the IQR pilot study, as described' in Section 26-279. Section 4. That Section 26-279 of e C e of the City of'Fort Collins, regarding monthly service charges for wastewater utili services, 's hereby amended by the adoption of a new Subsection (c)(7) to read as follows: Sec. 26-279. —Service charges- categories. (c) (7) The rate r users in Category I shall be based n the rates for Categories A, B, and C, 'scounted for participating income quali d residential customers as follows: a Objective. The City has identified potential enefits available rough wastewater rate discount for income-qualified sidential users, including encouraging user participation in water conserva 'on education and efficiency programs, and lowering the threshold for user 'nvestments in residential water and wastewater system upgrades. In orde to study these benefits, Utility Services shall conduct a temporary pil t study implementing a residential income qualified rate (IQR) beginning w' h the first billing cycle commencing on or after January 1, 2017, and conclu ing after twenty four (24)full billing cycles (the_pilot study period)., Postponed Indefinitely on First Reading September 6, 2016 I b. Scope. During the pilot study period, the IQR shall be charged o all users in Categories A, B, and C who are accepted into and enroll in the Larimer County Low Income Energy Assistance Program (LEA and identified as a Utilities Services customer. To_receive the IQR 'scount, users must apply and be qualified for LEAP.. c. Rate. During the pilot study period, users qualified r the IQR as set forth herein shall receive a discount of fifty percent 50%) off their tal monthly wastewater utility service charges based o_ the Category A, B, nd C fixed and volumetric rates in Section 26-280. d. IL.OT. IQR customers shall pay the full harge for payments in lieu of xes (PILOT) and franchise due and r Code Section 26-118,' without an discount of the six percent (6%) r e set forth therein Section 5. That Section 262 80 of the Code of the ity of Fort Collins, regarding the schedule of rates for waste water users b category, is hereb amended by the adoption of a new category row to the schedule of rates to rea as follows: Sec.26-280. - Service charges establis ed by tegory. Class of Category Rate Customer Single-family re/aee (flat rate); Sin - 50% discount on total monthly family residentiared water use); wastewater utility service Duplex (two-famtial users (flat rate); charges, on the Category A, B, I Duplex (two-famntial users (metered and C fixed and volumetric rates water use); and y residential user in Section 26-280 (charged to (more than two dits including mobile, ers participating in IQR pilot home arks). study) Section 6. That ection 26-464 of the Code of the City of\nes, regarding residential electric rates chedule R), is hereby amended by the adoptioubsection (t) to read as follows: Sec. 26-464 Residential energy service, schedule R. (t) come Qualified Rate (IQR) Pilot Study. (1) Objective. The City has identified potential bene throw h anelectric rate discount for income-qualified residentias, inclu 'ngencouraging customer participation in electricity consucation aefficiency programs, and lowering the threshold for cestments in Postponed Indefinitely on First Reading September 6, 2016 residential electric system upgrades. In order to study these benefits, Uti ' y \ed es shall conduct a temporary pilot study implementing a residential in me ied rate (IQR) beginning with the first billing cycle commencing on after ry 1, 2017, and concluding after twenty four (24) full billing cy es (the tudy period), Scope. During the pilot study period, the IQR shall be arged to all ntial customers accepted into and enrolled in the Lari r County Low Energy Assistance Program (LEAP), identified as a tilities Services e and who are not net-metering customers. To recei the IQRdiscount, ers ust apply and be qualifiedfor LEAP. Rate. ring the pilot study period, customers alified for the IQR as set herein shal eceive the following discount off t e total monthly Schedule R ic utility sery e charges in Subsection (c): IQR discount on total\carges fixed, distribu on facilities,. and energy and dema (but not o ayment in, 35lieu of taxes (PILOT) chise amo is due), (4) PILOT. IQR customers s al pay the full charge for payments in lieu of taxes (PILOT) and franchise due u er,this Section 26-464, without any discount of the six percent (6%) rate set fo h h ein. Section 7. That Section 26-465 f the Code of the City of Fort Collins, regarding residential demand service electric rates ( chedule RD) is ereby amended by the adoption of a new subsection (t) to read as follows: Sec. 26-465. Residential d mand service,schedule R (t) Income Qualified ate (IQR)Pilot Study.. (1) Objec ve. The City has identified potential bene ' s available through an electric ra discount for income-qualified residential stomers, including encourag' g customer participation in electricity conserva ' n education and efficien y programs, and lowering the threshold for custom investments in resid tial electric system upgrades. In order to study these nefits, Utility Ser ices shall conduct a temporary pilot study implementing a resi tial income alified rate (IQR) beginning with the first billing cycle commencin n or after anuary 1, 2017, and concluding after twenty four (24) full billing c les (the pilot study period). (2) Scope. During the pilot study period, the IQR shall be charged to If residential customers accepted into and enrolled in the Larimer County Lo Income Energy Assistance Program (LEAP), identified as- a Utilities Services Postponed Indefinitely on First Reading September 6, 2016 \Sche and who are not net-metering customers. To receive the IQR disco t, must apply and be qualified for LEAP. ate. During the pilot study period, customers qualified for the I as set in shall receive the following percentage discount off the tot monthly RD electric utility service charges in Subsection (c) above:, IQR disc\anenergy total monthly fixed, demand, distribution facilities charges (but not payment in lieu oftaxes (Pd franchise amounts due) (4) PILOT. IQ customers shall pay the full cha e for payments in lieu of taxes (PILOT) and fran ise due under this Section -465, without any discount of the six percent (6%) rat set forth herein Section 8. That the amendmen herein are effe ive and shall go into effect as follows: A. IQR pilot study discounted ater tes shall apply to water service charges on the basis of meter reading o or after January 1, 2017; and B. IQR pilot study discounted wa ewater rates shall apply to wastewater service charges on the bas' of met readings on or after January 1, 20174 and C. IQR pilot study disc unted electric rate shall apply to energy consumed on or after January , 2017. Introduced, considered.favora y on first reading, and order published this 6th day of September, A.D. 2016, and to be pr sented for final passage on the 20 day of September, A.D. 2016. Mayor ATTEST: City Clerk Postponed Indefinitely on First Reading September 6, 2016 J p P sed and adopted on final reading on the 20th day of September, A.D. 2016. Mayor ATTEST: City Clerk Postponed Indefinitely on First Reading September 6, 2016