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Resolution No. 7899. P 1 RESOLUTION NO. 7899 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND ADOPTING UPDATED CITY OF 4 VERNON UTILITIES DEPARTMENT PUBLIC BENEFITS 5 PROGRAMS 6 WHEREAS, in order to satisfy the requirements of AB 1890 and 7 Section 385 of the Public Utilities Code of the State of California, on 8 March 21, 2000, the City Council of the City of Vernon adopted 9 Resolution No. 7511 adopting the City of Vernon Utilities Department. 10 Public Benefits Programs ("Public Benefits Programs") and implementing 11 two of the five projects in the area of energy efficiency contained in 12 said Programs, to wit: the Energy Audits and the Energy Education and 13 Demonstration Workshops; and 14 WHEREAS, on September 19, 2000, the City Council of the City 15 of Vernon adopted Resolution No. 7632, as amended by Resolution 7771 16 on May 23, 2001, which approved the implementation of an additional 17 two projects in the area of energy efficiency in the Public Benefits 18 Programs, to wit: the Customer Incentive and the Customer Directed 19 Program; and 20 WHEREAS, the existing Public Benefits Programs are funded by 21 the Public Benefits Charge collected directly from customers; and 22 WHEREAS, staff of the Utilities Department have updated the 23 Public Benefits Programs to provide a more concise description of the, 24 four programs that have all been implemented, to eliminate the 25 Equipment Loans as a project in the area of energy efficiency; and 26 WHEREAS, by letter dated January 16, 2002, Bruce V. 27 Malkenhorst, City Administrator/City Clerk, recommended that the 28 updated Public Benefits Programs be approved and adopted. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18. 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves and adopts the updated City of Vernon Utilities Department Public Benefit Programs, a copy of which is attached hereto as Exhibit "A" and made a part hereof. SECTION 3: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 22"d day of January, 2002. ATTEST: BRUCE V. MALKENHORST, City Clerk LEONIS C. MAL RG, Ma or - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 7899, was duly adopted by the City Council of the City of Vernon at an adjourned regular meeting of the City Council duly held on Tuesday, January 22, 2002, and thereafter was.duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerkl - 3 - SUPPORTING DOCUMENTS EXHIBIT 0 City of Vernon (Updated 1/22/02) Utilities Department Public Benefits Programs I. BACKGROUND Deregulation of the electric utility industry in California dramatically changed the regulated market system that was in place for more than eighty years. This is one result of the passage of Assembly Bill 1890 (AB 1890). AB 1890 was passed by the State Legislature in August 1996 and signed into law by former Governor Pete Wilson on September 23, 1996. Fundamentally, the intent of this bill was to lower the price of electricity for consumers by opening California's electric utility industry to competition. Although most of AB 1890 does not apply to publicly owned utilities such as the City of Vernon, Vernon customers are subject to certain provisions of the law, including a mandated Public Benefits Charge. AB 1890 provides, in part, that the City of Vernon collect a Public Benefits Charge from all its customers. The intended purpose of this charge is to fund Public Benefits Programs. The mandated charge is 2.85 percent of customers' total monthly electric bill before any special fees or charges for years 1998, 1999 and 2000. Assembly Bill 995 (AB 995), which was approved by the Governor on September 30, 2000, extended the collection of the Public Benefits Charge through January 1, 2012 at a rate not to exceed the level that was used to collect these charges on January 1, 2000. Approximately $1.6 million was collected annually for programs until the year 2001 and approximately $2.3 million will be collected annually thereafter. To minimize the impact of this charge on its customers, Vernon City Council approved a customer credit to offset the state -mandated charge from its inception January 1, 1998 through March 31, 2000. In this period, City Council approved credits benefited City of Vernon electric customers by approximately $3.6 million. AB 1890 establishes four main categories of Public Benefits Programs that may be funded by the Public Benefits funds. These are: 1) energy efficiency; 2) research, development and demonstration; 3) low-income assistance; and 4) renewable resource technologies. Based on an assessment of Vernon customers' needs and interests, the Utilities Department is recommending programs in the area of energy efficiency. In addition, the Utilities Department is evaluating and may recommend the purchase of renewable energy to augment Vernon's power resource mix. 11. POLICY STATEMENT Section 385 of the Public Utilities Code of the State of California requires every municipal electric utility to establish a non-bypassable usage -based Public Benefits Charge to fund a minimum level of investments by the utility and other parties in any or all of the following: A- 1 1. cost-effective demand side management services to promote energy efficiency and energy conservation, 2. new investment in renewable energy resources and technologies consistent with existing statues and regulations which promote those resources and technologies, 3. research, development, and demonstration programs to advance science or technology which is not adequately provided by competitive and regulated markets, and 4. services provided for low-income electricity customers, including but not limited to, targeted energy efficiency service and rate discounts. It is the policy of the City of Vernon to allocate revenues derived from Public Benefits Charges, minus the cost to administer programs, in a fair and equitable manner, consistent with Section 385 of the Public Utilities Code. Entities conducting approved programs shall maintain appropriate records to document project -related expenditures and project -related benefits. These records shall be available to the Utilities Department upon request. The Director of Utilities shall periodically report to the City Council on the Public Benefits Programs including the status of projects and the level of funds available. The rapid growth in demand for electric energy is in part due to wasteful, uneconomic, and inefficient uses of power. The energy efficiency programs recommended by the Utilities Department may provide opportunities for participating Vernon customers to reduce energy usage and costs. As customers become more conversant in energy management, they may discover new ways to save energy and improve their bottom line. Low energy costs can improve the competitive position of businesses. All Vernon electric utility customers may benefit from energy efficiency programs, as energy efficiency may control rising energy demands, assisting the City of Vernon to maintain its low energy rates. III. PROGRAM DESCRIPTIONS Utilities Department staff is recommending four programs in the area of energy efficiency intended to benefit participating customers: A. Energy Audits The Department is continuing its energy audit project for interested commercial and industrial customers. The energy audits are an excellent starting point for customers interested in developing a broader energy management strategy. The focus is on customized audits. Customers receive detailed analyses of energy usage and suggestions for energy efficiency efforts which can lead to measurable energy and -cost savings. The audit recommendations frequently will encourage participation with other projects of the Public Benefits Programs. A- 2 B. Energy Education and Demonstration Workshops A fundamental and necessary first step to promoting customer participation in energy efficiency projects is creating a heightened awareness for energy efficiency opportunities. Utilities Department staff can serve as a catalyst for reducing information barriers. The Utilities Department proposes to increase access to educational materials through channels that reach all customer segments. The Utilities Department will provide an array of information resources to accommodate customers' varying levels of knowledge and experience with energy efficiency. The focus of these resources will be to encourage the undertaking of energy efficiency measures within business operations. Electric utility customers can then make informed business decisions leading to measurable energy and cost savings. The Department proposes to host several energy efficiency workshops with presentations and discussions on various topics led by industry experts. These workshops will provide training and demonstration efforts needed for "market transformation" and will further complement other energy efficiency programs. C. Customer Incentive Financial incentives (rebates) may be offered to customers who replace lighting and motors with efficient equipment and technologies. Rebates for energy efficient equipment may help shift the customers' decision -making process by lowering the first cost concerns and bringing energy costs into consideration. Although rebates are primarily for replacement of lighting and motors with higher efficiency models, replacement of other technologies may qualify for rebates as well. Participants will be required to submit detailed specifications and proof of replacement. Department staff will monitor the implementation of the proposed efficient equipment. D. Customer Directed Proiects The portfolio of energy efficiency public benefits programs established by the Utilities Department does not exhaust all energy efficiency opportunities. Funds are proposed to support customers with the implementation of self - designed energy efficiency projects. These Customer Directed Projects are intended to encourage customers to self -design energy efficiency measures that produce a public benefit. Electric Utility customers can incorporate their plant specific knowledge and business expertise to positively impact energy usage patterns and processes. Customer Directed Projects will receive matching funds for expenditures that lead to demonstrable energy savings. Project funds may assist in the purchase of energy efficient equipment or new construction, for example. Demonstrated energy savings will be a requirement for project approval. A-3 IV. TARGET MARKETS The proposed Public Benefits Programs will be available to all interested Vernon industrial and commercial customers. Available funds will be distributed among all participating businesses based on specific program and evaluation criteria. In designing program criteria, Utilities staff may consider that Vernon's industrial customers comprise approximately 75% of Vernon's system energy and total revenue, while representing approximately 40% of all customers in Vernon. The City's largest 100 customers (above 500 kW peak demand) represent approximately 61 % of the peak load and 71 % of the total energy usage. Vernon has a total of approximately 2,200 industrial and commercial customer accounts. V. MEASUREMENT AND VERIFICATION The Public Benefits Programs will be evaluated periodically. A- 4 CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 826-1438 City Council City of Vernon Honorable Members: EDUARDO OLIVO City Attorney FAX: (562) 927-8722 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 CITY HALL BRUCE W. OLSON 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief TELEPHONE (323) 583-8811 FAX: (323)826-1481 January 16, 2002 ®� A0 C The Utilities Department is requesting that an update to the Public Benefits Program (PBP). This update will provide a more concise description of the four programs that are available through the City in the area of energy efficiency: • Energy Audits • Energy Education and Demonstration workshops • Customer Incentive and Customer Directed Projects, and • Elimination of Equipment Loans The existing PBP is funded by Public Benefits Charges (PBC), revenue collected directly from the customers. It is hereby recommended that the updated PBP be approved and adopted. Very truly yours, Bruce V. Malkenhorst City Administrator/City Clerk BVM/ng January 16, 20 TO: Bruce V. Malkenhorst, City Administrator FROM: Kenneth J. DeDario, Director of Utilities SUBJECT: Public Benefits Program I recommend approval of the attached updated City of Vernon Utilities Department Public Benefits Programs (PBP). The updated PBP replaces the existing PBP which was approved by Resolution No. 7511. The updated PBP provides a more concise description of four programs that are all in the area of energy efficiency: Energy Audits, Energy Education & Demonstration Workshops, Customer Incentive and Customer Directed Projects, and eliminates Equipment Loans. The PBP is funded by the Public Benefits Charge (PBC) which is collected directly from the customers. The updated PBP also reflects a revised background section mainly because of the increased revenues being collected by the PBC. If you have any questions or comments, please contact me. Thank you for your consideration. KJD:ah Attachment r� r City of Vernon Utilities Department Public Benefits Programs BACKGROUND Deregulation of the electric utility industry in California dramatically changed the regulated market system that was in place for more than eighty years. This is one result of the passage of Assembly Bill 1890 (AB 1890). AB 1890 was passed by the State Legislature in August 1996 and signed into law by former Governor Pete Wilson on September 23, 1996. Fundamentally, the intent of this bill was to lower the price of electricity for consumers by opening California's electric utility industry to competition. Although most of AB 1890 does not apply to publicly owned utilities such as the City of Vernon, Vernon customers are subject to certain provisions of the law, including a mandated Public Benefits Charge. AB 1890 provides, in part, that the City of Vernon collect a Public Benefits Charge from all its customers. The intended purpose of this charge is to fund Public Benefits Programs. The mandated charge is 2.85 percent of customers' total monthly electric bill before any special fees or charges for years 1998, 1999 and 2000. Assembly Bill 995 (AB 995), which was approved by the Governor on September 30, 2000, extended the collection of the Public Benefits Charge through January 1, 2012 at a rate not to exceed the level that was used to collect these charges on January 1, 2000. Approximately $1.6 million was collected annually for programs until the year 2001 and approximately $2.3 million will be collected annually thereafter. To minimize the impact of this charge on its customers, Vernon City Council approved a customer credit to offset the state -mandated charge from its inception January 1, 1998 through March 31, 2000. In this period, City Council approved credits benefited City of Vernon electric customers by approximately $3.6 million. AB 1890 establishes four main categories of Public Benefits Programs that may be funded by the Public Benefits funds. These are: 1) energy efficiency; 2) research, development and demonstration; 3) low-income assistance; and 4) renewable resource technologies. Based on an assessment of Vernon customers' needs and interests, the Utilities Department is recommending programs in the area of energy efficiency. In addition, the Utilities Department is evaluating and may recommend the purchase of renewable energy to augment Vernon's power resource mix. II. POLICY STATEMENT Section 385 of the Public Utilities Code of the State of California requires every municipal electric utility to establish a non-bypassable usage -based Public Benefits Charge to fund a minimum level of investments by the utility and other parties in any or all of the following: 1. cost-effective demand side management services to promote energy efficiency and energy conservation, 2. new investment in renewable energy resources and technologies consistent with existing statues and regulations which promote those resources and technologies, 3. research, development, and demonstration programs to advance science or technology which is not adequately provided by competitive and regulated markets, and 4. services provided for low-income electricity customers, including but not limited to, targeted energy efficiency service and rate discounts. It is the policy of the City of Vernon to allocate revenues derived from Public Benefits Charges, minus the cost to administer programs, in a fair and equitable manner, consistent with Section 385 of the Public Utilities Code. Entities conducting approved programs shall maintain appropriate records to document project -related expenditures and project -related benefits. These records shall be available to the Utilities Department upon request. The Director of Utilities shall periodically report to the City Council on the Public Benefits Programs including the status of projects and the level of funds available. The rapid growth in demand for electric energy is in part due to wasteful, uneconomic, and inefficient uses of power. The energy efficiency programs recommended by the Utilities Department may provide opportunities for participating Vernon customers to reduce energy usage and costs. As customers become more conversant in energy management, they may discover new ways to save energy and improve their bottom line. Low energy costs can improve the competitive position of businesses. All Vernon electric utility customers may benefit from energy efficiency programs, as energy efficiency may control rising energy demands, assisting the City of Vernon to maintain its low energy rates. III. PROGRAM DESCRIPTIONS Utilities Department staff is recommending four programs in the area of energy efficiency intended to benefit participating customers: A. Energy Audits The Department is continuing its energy audit project for interested commercial and industrial customers. The energy audits are an excellent starting point for customers interested in developing a broader energy management strategy. The focus is on customized audits. Customers receive detailed analyses of energy usage and suggestions for energy efficiency efforts which can lead to measurable energy and cost savings. The audit recommendations frequently will encourage participation with other projects of the Public Benefits Programs. B. Energy Education and Demonstration Workshops A fundamental and necessary first step to promoting customer participation in energy efficiency projects is creating a heightened awareness for energy efficiency opportunities. Utilities Department staff can serve as a catalyst for reducing information barriers. The Utilities Department proposes to increase access to educational materials through channels that reach all customer segments. The Utilities Department will provide an array of information resources to accommodate customers' varying levels of knowledge and experience with energy efficiency. The focus of these resources will be to encourage the undertaking of energy efficiency measures within business operations. Electric utility customers can then make informed business decisions leading to measurable energy and cost savings. The Department proposes to host several energy efficiency workshops with presentations and discussions on various topics led by industry experts. These workshops will provide training and demonstration efforts needed for "market transformation" and will further complement other energy efficiency programs. C. Customer Incentive Financial incentives (rebates) may be offered to customers who replace lighting and motors with efficient equipment and technologies. Rebates for energy efficient equipment may help shift the customers' decision -making process by lowering the first cost concerns and bringing energy costs into consideration. Although rebates are primarily for replacement of lighting and motors with higher efficiency models, replacement of other technologies may qualify for rebates as well. Participants will be required to submit detailed specifications and proof of replacement. Department staff will monitor the implementation of the proposed efficient equipment. D. Customer Directed Projects The portfolio of energy efficiency public benefits programs established by the Utilities Department does not exhaust all energy efficiency opportunities. Funds are proposed to support customers with the implementation of self - designed energy efficiency projects. These Customer Directed Projects are intended to encourage customers to self -design energy efficiency measures that produce a public benefit. Electric Utility customers can incorporate their plant specific knowledge and business expertise to positively impact energy usage patterns and processes. Customer Directed Projects will receive matching funds for expenditures that lead to demonstrable energy savings. Project funds may assist in the purchase of energy efficient equipment or new construction, for example. Demonstrated energy savings will be a requirement for project approval. 3 �t e IV. TARGET MARKETS The proposed Public Benefits Programs will be available to all interested Vernon industrial and commercial customers. Available funds will be distributed among all participating businesses based on specific program and evaluation criteria. In designing program criteria, Utilities staff may consider that Vernon's industrial customers comprise approximately 75% of Vernon's system energy and total revenue, while representing approximately 40% of all customers in Vernon. The City's largest 100 customers (above 500 kW peak demand) represent approximately 61% of the peak load and 71% of the total energy usage. Vernon has a total of approximately 2,200 industrial and commercial customer accounts. V. MEASUREMENT AND VERIFICATION The Public Benefits Programs will be evaluated periodically. :I