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Resolution No. 2015-012RESOLUTION NO. 2015-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON TO APPROVE, ESTABLISH AND IMPLEMENT A NATURAL GAS SURCHARGE TO FUND PARTICIPATION IN THE CALIFORNIA AIR RESOURCES BOARD ("CARB") CAP -AND - TRADE ALLOWANCE PROGRAM, FOR GAS DISTRIBUTED AND SUPPLIED BY THE CITY WITHIN ITS BOUNDARIES WHEREAS, in connection with the operation of the Vernon natural gas system, the City owns, operates and maintains a gas distribution system, which includes not only mains and appurtenances but also meters, laterals and other connection infrastructure; and WHEREAS, the California Air Resources Board ("CARB") has been authorized by California Assembly Bill 32 ("AB 32") to develop regulations, including the Cap -and -Trade Program to reduce California's greenhouse gas ("GHG") emissions to 1990 levels by 2020; and ; and WHEREAS, under the terms of the CARB cap -and -trade program, an overall limit on GHG emissions from capped sectors of the state's economy was established and covered facilities subject to the cap are able to trade permits, or allowances, to emit GHGs up to the capped amount; and WHEREAS, by memorandum dated March 17, 2015, the Director of Gas & Electric has recommended that the City Council approve, establish and implement a new natural gas rate schedule, Surcharge for Greenhouse Gas Emissions ("G-CARB")," that will collect funds needed to cover the cost of greenhouse gas emission allowances associated with the "cap - and -trade" program created by CARB; and WHEREAS, the City Council of the City of Vernon desires to approve, establish and implement the new natural gas rate schedule, Surcharge for Greenhouse Gas Emissions ("G-CARB"), effective April 1, 2015; and WHEREAS, the City Council of the City of Vernon held a public hearing on March 17, 2015, to consider evidence to establish and implement a new natural gas rate schedule that will take effect on April 1, 2015 to collect funds needed to cover the cost of greenhouse gas emission allowances associated with the "cap -and -trade" program created by GARB; and WHEREAS, the City Council of the City of Vernon has heard and considered all evidence, both written and oral, presented in consideration of the proposed rate schedule. 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 above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA), in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. SECTION 3: Effective April 1, 2015, the City Council of the City of Vernon hereby approves the Surcharge for Greenhouse Gas Emissions ("G-GARB") natural gas rate schedule, a copy of which is attached hereto as Exhibit A. - 2 - SECTION 4: The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk's, or Deputy City Clerk's, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 17th day of March, 2015. Name: W• Michael McCormick Title: Mayor / - ATTEST: -)4� C4��� - aria E . Ayala City Clerk / APPROVED AS TO FORM: Zay *k4oussa, Deputy City Attorney - 3 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I Maria E . Ayala City Clerk / f the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2015-12, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, March 17, 2015, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this � day of March, 2015, at Vernon, California. (SEAL) - 4 - Maria E. Ayala City Clerk / EXHIBIT A CITY OF VERNON NATURAL GAS DEPARTMENT 0M-711TIfXeafl;\.7;� SURCHARGE FOR GREENHOUSE GAS EMISSIONS PURPOSE This surcharge is to cover costs associated with the cap -and -trade program implemented by the California Air Resources Board (CARB) for natural gas utilities in California beginning in the year 2015. This program is a result of Assembly Bill 32, "The California Global Warming Solutions Act of 2006." The purpose of the statewide cap -and -trade program is to reduce greenhouse gas emissions. APPLICABILITY This schedule applies to all City of Vernon gas utility customers, except any customer with greenhouse gas emissions large enough to require them to participate independently in the CARB cap -and -trade program. DETERMINATION OF SURCHARGE The surcharge shall be determined based on the formula shown below. CA Greenhouse Gas Surcharge = Cost of Greenhouse Gas Emission Allowances Purchased Total Therms Transported The Cost of Greenhouse Gas Emission Allowances Purchased will vary during each year. A representative average cost may be used for the purpose of setting the surcharge. Total Therms Transported are Therms transported to Vernon customers that are either purchased commodity service or transportation -only service. Total Therms Transported shall not include Therms delivered to Vernon customers participating independently in the CARB cap -and -trade program. Cap -and -trade auction proceeds and limited use holding account emission allowance value shall be used for the benefit of retail ratepayers consistent with the goals of Assembly Bill 32. Accordingly, the volumetric surcharge shall not be reduced by the value of auction proceeds or by the value of limited use holding account emission allowances. Pagel of 2 City of Vernon Council Resolution 2015-XX effective April 1, 2015 A Surcharge Fund Balancing Account shall be established to track all revenue and expenditures associated the Vernon's participation in the cap -and -trade program. The Surcharge Fund Balance Account may be positive or negative. True up of the Fund Balance shall be achieved by adjusting the surcharge slightly from time to time, and shall be done in a manner that avoids spikes in the surcharge. Page 2 of 2 City of Vernon Council Resolution 2015-XX effective April 1, 2015 TRANSMITTAL COMMUNICATION CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: March 19, 2015 TO: Carlos Fandino, Director of Gas & Electric William Fox, Finance Director/City Treasurer FROM: Deborah Juarez, Records Management Assistant RE: Resolution No. 2015-12 — A Resolution of the City Council of the City of Vernon to Approve, Establish and Implement a Natural Gas Surcharge to Fund Participation in the California Air Resources Board ("CARB") Cap -And -Trade Allowance Program, for Gas Distributed and Supplied by the City within its Boundaries Transmitted herewith is a copy of Resolution No. 2015-12 referenced above, which was approved by City Council on March 17, 2015. Thank you. Attachment c: Anthony Serrano Resolution No. 2015-12 STAFF REPORT c�e � C\� C4��KgCFF\C� STAFF REPORT VERNON GAS & ELECTRIC DEPARTMENT RECEIVED MAR 10 2015 CITY ADMINISTRATION DATE: March 17, 2015 TO: Honorable Mayor and City Council FROM: Carlos R. Fandino, Jr., Director of Vernon Gas & Electric RE: Establishment of Natural Gas Surcharge to Fund Participatiofie 1 California Air Resources Board ("CARB") Cap -and -Trade Allowance Program, for Gas distributed and supplied by the City within its boundaries Recommendation It is recommended that: 1. The City Council find that the approval requested in this staff report is exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and 2. The City Council conduct a public hearing and adopt a resolution approving, establishing and implementing a new natural gas rate schedule, "G-CARB," that will collect funds needed to cover the cost of greenhouse gas emission allowances associated with the "cap - and -trade" program created by the California Air Resources Board ("CARB"); and 3. The City Council find that the cost adjustment tariff as attached to the resolution be approved with an effective date of April 1, 2015. Background The Global Warming Solution Act of 2006, also known as Assembly Bill ("AB") 32, requires that California Greenhouse Gas ("GHG") emissions in 2020 be at the same levels as that of the year 1990, or an estimated 15% reduction compared to what emissions might otherwise have been in 2020. CARB was authorized to develop regulations to reach this goal, and the cap -and - trade program is one of several tools designed by CARB to do so. Under the terms of the CARB cap -and -trade program, an overall limit on GHG emissions from capped sectors of the state's economy was established and covered facilities subject to the cap are able to trade permits, or allowances, to emit GHGs up to the capped amount. CARB's implementation of the cap -and -trade program started in November 2012. The program was designed to phase in covered entities' participation over three compliance periods. The first period (calendar years 2013 and 2014) included electric distribution companies. CARB has freely allocated allowances to Vernon for its electric utility. Vernon utilizes the proceeds from the sale of any allowances not used to meet its compliance obligation exclusively for the benefit of retail electric ratepayers, and consistent with the goals of AB32. The City's gas utility cap -and -trade compliance obligations are distinct from those made for the electric utility. For Vernon's electric system, the Council previously approved Resolution No. 2011-184, dated November 15, 2011, to implement a surcharge for the electric system. In 2015, as the second compliance period has begun, the scope of the cap -and -trade program has expanded such that natural gas suppliers have become covered entities with a compliance obligation based on retail gas sales and transportation. As was the case with the electric utility, Vernon has been given freely allocated allowances for the gas utility for the purpose of mitigating the cost impact of cap -and -trade to retail customers. The volume of allowances provided by CARB that are available to be used directly to meet compliance obligations is not enough to cover all of Vernon's gas utility GHG emissions for two reasons. The first reason is program design, and the second is because of load growth on the Vernon gas system over the past three years. Finally, proceeds from auction sales of any of Vernon's freely allocated allowances must be used for the benefit of retail gas ratepayers, may not be volumetrically refunded, and must be consistent with the goals of AB 32. This necessitates the implementation of an energy efficiency program for natural gas, which will be addressed in a separate request from this one for a CARB Surcharge. Resources Needed Implementation of this surcharge will require modification to Vernon's utility billing software that must be done by Vernon's outside vendor. The cost for the modifications will not be significant, and administration time of the surcharge, once in place, will be minimal. Customer Communication Because implementation of the surcharge will be significant to some larger customers, the gas department has strategically prioritized customers into three categories for proactive contact: 1) Customers that will receive a visit from staff explaining the surcharge, 2) Customers that will receive a phone call from staff explaining the surcharge, and 3) All customers will receive a letter of explanation. Customers are being told about the surcharge, and also informed that an incentive program will follow that will enable them to receive rebate money to help pay for gas efficiency measures. Rate Schedule G-CARB VG&E's proposed Schedule G-CARB is attached as Exhibit A to the resolution. The rate schedule shows a formula for the determination of the surcharge. Administratively, the intent is that the surcharge would be adjusted annually, but it can also be adjusted more often if needed to keep the account from getting too far out of balance. The overall design of the cap -and -trade program will cause the surcharge to increase over the next several years. It is requested that this new rate schedule be effective April 1, 2015. Billing Presentation of Surcharge The surcharge is proposed to show on the billing statement below "Total Charges for Meter" and above "Vernon Utility User Tax." The surcharge will be labeled "CA Greenhouse Gas Surcharge." An example billing presentation is attached. Accounting A new natural gas "sub -department" has been named "5610 AB-32." This sub -department will track all revenue and expenditures associated with the cap -and -trade program, including a reasonable level of administrative and overhead costs, and future expenditures for natural gas rebates to Vernon's gas customers. Establishment of this sub -department will also enable ongoing monitoring of the surcharge fund balance for the purpose of adjusting the level of the surcharge. All AB-32 cap -and -trade activities in the natural gas department will be kept separate from similar activities in the electric department. Presently, the initial surcharge is estimated to be $0.025 per Therm. Based on current delivered gas prices (commodity and transportation) of approximately $0.50 per Therm, the surcharge represents about a five percent overall increase in cost. Fiscal Impact The net fiscal impact of the cap and trade program to the Gas Division, by design, will be zero. Revenue during the first year is estimated to be approximately $600,000. Of that amount, approximately half will be used to pay for purchased emission allowances, and half will be reserved for funding a natural gas rebate program. Some funds will also be used to cover administrative and overhead costs. Attachments: 1. Example gas bill LIGHT & POWER DEPT. - CUSTOMER SERVICE DIVISION Regular Bill 4305 SAN A FE AVE. VEi.NON, CALIFORNIA 90058 BILLING DATE 01/07/2015 BILLING NUMBER 2679321 ACCOUNT NUMBER 00006015. CYCLE 55 CUSTOMER NUMBER 00004863 BOOK NUMBER 01 SERVICE ADDRESS 1946 E 46TH ST OUTAGE BLOCK # Current Charges Due By: January 27, 2015 ROYAL PRINTEX INC GAS CUSTOMER ATTN: BRIAN HUH 1946 E 46TH ST VERNON CA 90068 PREVIOUS BALANCE BILLING ADJUSTMENTS PAYMENTS AND PAYM. ADJ. DEPOSIT REFUNDS SPECIAL CHARGES CURRENT CHARGES TOTAL AMOUNT DUE PLEASE ENTER AMOUNT PAID $23,050.02 $0.00 $23,050.02CR $0.00 $0.00 $28,853.28 l.j I TH GRrR8 SuR6)4AP%&E 0100004863000060152679321002885328201501277 PLEASE RETURN THIS PORTION WITH YOUR PAYMENT BILLING DATE 01/07/2015 PREVIOUS BALANCE $23,050.02 BILLING NUMBER 2679321 BILLING ADJUSTMENTS $0.00 ACCOUNT NUMBER .00006015 CYCLE 58 PAYMENTS AND PAYM. ADJ. $23,050.02CR CUSTOMER NUMBER 00004863 BOOK NUMBER 01 DEPOSIT REFUNDS $0.00 1 SERVICE ADDRESS 1946 E 46TH ST OUTAGE BLOCK # SPECAL CHARGES $0.00 Service Type Meter Read Date Read Date Days Previous Present Consumption BTU Conv Number From To Read Read Factor Gas 00811417 12/01/2014 01/01/2015 31 472729 477720 49910 1.03300 Regular Bill Transaction Description Usage Rate Charge Billing 23,050.02 Payment - Thank You 23,050.02CR Balance Forward 0.00 Monthly Service Charge 50.00 Rate Total Therms 51557 GS2 - Gas G-2 Small Transportation Charge Tier 1 4187 0.17312 724.85 Commercial Smaller Transportation Charge Tier 2 47370 0.07735 3,664.07 Commodity Charge 51557 0.46500 23,974.01 Commodity Admin. Fee 51657 0.00300 154.67 .... _.................... ..... �TTotal Charges for. Meter - 00811417 J Vernon Utility User Tax (1 %) Total Current Bill Total Amount Due CA Great 4uof'e.. GdS so(ZI-AS5e- 51)55-1 0, 02.5,00 28,567.60 285.68 28,853.28 28,853.28 I I z%,93 �{IE�`'oirnon M CIYY CLERK S OFFICE'. NOTICE OF PUBLIC HEARING 4305 Santa Fe Avenue Vernon, CA 90058 (323)583-8811 The City Council of the City of Vernon will conduct a public hearing, which you may attend. PLACE: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 DATE & Tuesday, March 17, 2015 at 9:00 a.m. TIME: (or as soon thereafter as the matter can be heard) SUBJECT: Consider evidence to establish and implement a new natural gas rate schedule that will take effect on April 1, 2015 to collect funds needed to cover the cost of greenhouse gas emission allowances associated with the "cap -and -trade" program created by the California Air Resources Board ("CARB") REQUEST: All parties are invited to be present and to submit statements orally or in writing before or during the applicable public hearing REVIEW OF Subject documents are available for inspection by the public at THE FILE: Vernon City Hall, City Clerk Department, 4305 Santa Fe Avenue, Vernon, California 90058, Monday through Thursday, 7:00 a.m. to 5:30 p.m. and on the City's website at: http:/hvww.citvofvernon.org/�)overnment/public- meetin gsE%ity-council PROPOSED Staff plans to recommend that the Vernon City Council determine CEQA that the proposals will not have a significant effect on the environment and FINDING: are exempt from the California Environmental Quality Act (CEQA) If you desire to challenge the actions taken by the City Council or any portion thereof in court, you may be limited to raising only those issues you or someone else raised at the applicable hearing described in this notice or in written correspondence delivered to the City of Vernon during, or before, the hearing. The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place without further official notice of the publichcRing. Dated: 2 - Z S" 1 �- 4 d Carlos Fandino, Jr., Director o non Gas & Electric