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Home My WebLink About10 Title 5 District code revision Agenda Item # 10 Public Utility District Y ACTION To: Board of Directors From: Mary Chapman Date: August 06, 2008 Subject: Adopt Resolution Accepting Revisions to District Code - Title 5, Customer Relations 1. WHY THIS MATTER IS BEFORE THE BOARD The District Code should periodically be reviewed and updated to conform to District Board policies, new applicable laws, regulations and District procedures. 2. HISTORY At the July 16, 2008 meeting, the Board reviewed highlights of the major changes being proposed to Title 5, Customer Relations. Director comments received since that meeting were incorporated into Title 5. 3. NEW INFORMATION Also since the July 16th meeting, I have received additional staff comments. These recommendations have been incorporated into the current version of Title 5 included in this packet. The new proposed revisions have been printed in green so you can easily identify them. Attached are the following items: 1) Resolution "Adopting Amendments to the District Code Title 5, Customer Relations" 2) Updated list entitled "Highlights of Major Changes" (Item 1) 3) Updated list of resolutions, ordinances, minute orders and management directives being replaced with the new resolution (Item 2) 4) Copy of Title 5 with all proposed amendments incorporated (Appendix A) 5) A new redline version showing the changes since the last meeting (Appendix B) 4. FISCAL IMPACT There is no direct fiscal impact associated with this action. 5. RECOMMENDATION Approve the resolution "Adopting Amendments to the District Code Title 5, Customer Relations" and authorize the President of the Board to sign the resolution. �C' ' ,n) {Inn G,-..---- -- -- Mary Cha.p�nan J Michael D. Holley Administrative Services Manager General Manager 4 Y.f PLiblic Utility District Resolution No. 2008 - XX ADOPTING AMENDMENTS TO THE DISTRICT CODE TITLE 51 CUSTOMER RELATIONS WHEREAS, the Board of Directors of the Truckee Donner Public Utility District wishes to amend the District Code Title 5, Customer Relations; and WHEREAS, the District Code provides rules and regulations intended to convey a comprehensive description of the manner in which the District operates; and WHEREAS, periodically, the District Code should be reviewed and updated to conform to District Board directives, new applicable laws and regulations and improvements; and WHEREAS, a workshop was held on July 16, 2008 for the Board to review and comment on the proposed changes to Title 5; and WHEREAS, the revised version of Title 5 will bring the District's Customer Relations policies up-to-date and will.. replace all preceding ordinances, resolutions, minute orders and Board directives in Title 5. NOW THEREFORE, BE IT RESOLVED, that the Board of Directors does hereby adopt the amended District Code, Title 5 Customer Relations, Exhibit "A". PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District in a meeting duly called and held within said District on the 6th day of August, 2008 by the following roll call vote: AYES: ABSTAIN: NOES: ABSENT: TRUCKEE DONNER PUBLIC UTILITY DISTRICT By Tim F. Taylor, President ATTEST: Michael D. Holley, Clerk of the Board ITEM 1 TITLE 5: Highlights of Major Changes Chapters: 5.01 Deposits • Added definitions regarding payment, collection and credit terms • Changed term for holding residential deposits from 12 months to 24 months • Added qualifiers for waivers of deposits • Clarified requirements for new commercial account deposits • Increased project application review deposit from $750 to $1,000 per utility • Added deposit requirement for project inspection • Increased project documentation deposit from $500 to $1,000 • Modified employee deposit policy • Deleted amount of minimum deposit; it is included in the Miscellaneous Fee Schedule 5.04 Credit • Modified terms for re-establishing credit • Added conditions for rental properties with repeated history of disconnects for non- payment • Added requirement for payment of final bill within 30 days of closing bill in order to maintain good credit 5.08 Billing • Added other payment options • Referenced Miscellaneous Fees Schedule in place of actual dollar amounts • Added requirement for continuing to bill monthly water charges regardless of service status; this action was previously approved by the Board • Clarified when water charges would begin for un-metered water accounts • Added waiver period for monthly water charges for uninhabitable buildings and for new construction 5.12 Discontinuance and Restoration of Service • Combined electric and water where applicable • Modified mail date for Late Payment Reminder Notices from one week to three business days after printing a bill with a past due balance • Modified Late Payment Reminder Notices to comply with California Public Utilities Code • Modified Final Notice of Termination delivery methods to comply with California Public Utilities Code • Modified restoration policies so that electric and water contain same time lines • Referenced Miscellaneous Fees Schedule in place of actual dollar amounts for disconnect/reconnect charges • Added language including failure to keep payment agreements and/or meeting payment extension agreements as reasons for termination • Added language placing payments against uncollectible funds to avoid disconnection or to reconnect service on a cash only basis for a 12 month period • Added language regarding payment arrangements and/or collection in the field at time of disconnect ITEM 1 (Cont'd) • Clarified that water billings will continue regardless of reason for disconnect 5.16 Disputes • Modified to comply with California Public Utilities Code 5.20 Electric Fees and Charges • Removed explanations of metering costs, transformer costs and wire allowances which are listed in the new construction booklet • Removed references to connection fees which are now flat rated fees listed in the electric fee ordinance • Moved facilities fees section to a separate section 5.26 and revised the title to address electric and water facilities fees; only minor changes were made to this section 5.24 Electric Rates • Changed rate descriptions to conform to current rate ordinance • Added description of demand use requirements for each commercial service rate 5.28 Water Fees and Charges Cleaned up and standardized language 5.33 Financing of Customer Efficiency Projects • Deleted this section 5.34 Financing of Fees and/or Line Extensions • Deleted this section 5.36 Information Available to the Public • Added intent to follow state and federal regulations • Removed sections regarding optional rates and customer choice of rate • Removed section regarding determination of percentage of use when a business is run from a home 5.37 Public Outreach Policy • Added references to Miscellaneous Fees Schedule where applicable • Removed section regarding other types of communication 5.38 Public Information • Removed section regarding Public Information Committee • Added Public Information and Conservation Manager as primary spokesperson/contact regarding all public information programs 5.39 Public Benefits Program • Removed Conservation Rebate Program specific programs; these will be approved by the Board each year ITEM 1 (Cont'd) 5.40 Complaint Procedure • Modified method by which General Manager and department heads are notified of complaints • Defined service requests versus complaints 5.48 Paybacks • Increased payback amount from $1,000 to $10,000 to be handled routinely with approval by the department head; above $10,000 would require approval by the department head and the general manager 5.52 Privately Owned Facilities • Deleted this section 5.55 Conservation Programs • Removed language describing specific programs • Added general language regarding establishment of cost-effective conservation programs which will be reviewed and approved by the general manager and the Board ITEM 2 Title 5: Resolutions, ordinances, minute orders and management directives to be replaced with a new resolution after adopting the policy revisions (all references to minute orders and resolutions in the current code to be revised were included) CHAPTERS: 5.01 Deposits Resolutions 82-23, 83-25, 92-15, 20-01 Ordinance 82-08, 96-01 Minute Orders 85-109, 88-125, 88-148, 88-133, 93-19, 93-87, 95-27, 03-58 Water Rule 15 Management Directive 9/4/84 5.04 Credit Water Rule 14 Ordinance 82-04 5.08 Billing Resolution 89-01 Management Directive 4/23/85 5.12 Discontinuance and Restoration of Service Resolution 2003-15 Ordinance 82-04 Minute Orders 85-109, 95-28, 88-181 Water Rule 19 Electric Rule 19 5.16 Disputes Ordinances 82-04 Minute Order 85-109 Water Rule 27 5.20 Electric Fees and Charges Resolutions 84-54, 2001-36 Ordinance 89-03 Minute Order 2001-142 5.24 Electric Rates Resolutions 81-46, 84-05 Ordinance 81-19, 81-20, 81-21, 82-10 Electric Rule 25 ITEM 2 (Cont'd) 5.28 Water Fees and Charges Resolution 84-06 Minute Order 86-162 5.32 Water Rates Ordinance 93-05 5.34 Financing of Fees and/or Line Extensions Resolution 92-41 5.36 Information Available to the Public Resolution 84-30 Electric Rule 3 5.37 Public Outreach Policy Resolution 2005-26 5.38 Public Information Resolution 96-28 5.39 Public Benefits Program Resolution 98-20 Minute Order 02-134 5.40 Complaint Procedure Unsigned memo dated 9/5/78 5.44 Notices Ordinance 82-04 Water Rule 26 5.48 Paybacks Resolution 84-07 5.52 Privately Owned Facilities Resolution 84-72 5.53 Annexation of Property to the District Resolution 2003-12 5.54 Conservation Programs Minute Order 03-13 APPENDIX B. - Formatted:Font:Bold Formatted:Font:Bold TITLE 5 CUSTOMER RELATIONS CHAPTERS: 5.01 Deposits 5.04 Credit 5.08 Billing 5.12 Discontinuance and Restoration of Service 5.16 Disputes 5.20 Electric Fees and Charges 5.24 Electric Rates 5.26 Electric and Water Facilities Fees 5.28 Water Fees and Charges 5.32 Water Rates 5.36 Information Available to the Public 5.37 Public Outreach Policy 5.38 Public Information Program 5.39 Public Benefits Program 5.40 Complaint Procedure 5.44 Notices 5.48 Paybacks 5.63 Annexation of Property to District 5.55 Conservation Programs CHAPTER 5.01 DEPOSITS Sections: 5.01.O�TDefinitions --J Deleted:o. . 5.01.010 Residential Customer Deposits 5.01.020 Commercial Deposits 5.01.025 Project Review and Inspection 5.01.027 Project Documentation Deposit (As-built Drawings) 5.01.030 Employee Utility Deposits Deleted:o Formatted:Underline 5.01.00 .Definitions. - __ _ - _ _- Deleted: - {Title 5 Title 5 Page 1 • "Promptly"P'prompt" is defined as no more than two late charges in the past 12 month period, no returned checks and no prior disconnects for non-payment in the last 12 months.. • "Collection problem" is defined as failure to pay final bill, more than two late charges in the past 12 months, no returned checks and/or disconnect for non- payment of bill or deposit in the last 12 months. • "Establishing credit" is defined as at least two years of service with the District or a- -` Deleted:c prior utility with a history of paying jpromptly"(see definition above). Formatted:Bullets and Numbering • "Qualifying credit score" is defined as that score determined by the District as set forth in the Miscellaneous Fees Schedule. The current credit score is M with_ - Deleted:720 Equifax and will be modified through Board action. • "Good credit" is defined as no more than two late charges in the past 12 month , ,- Deleted:c period, no returned checks and no prior disconnects for non-payment in the last 12 months. Final bills must be paid within 30 days of the final billing date in order to _-- Deleted:termination of service by the maintain "good credit". customer -- 5.01.010 Residential Customer Deposits 5.01.010.1 A deposit,equal to two times the highest monthly bill within the last 12 months, will be required of all customers before electric and/or water service is supplied. 5.01.010.1(A) Customers who are able to provide the District with a letter from a prior or current utility showing a record of`°prompt"payments will not be required to pay a deposit so long as their account is paid in a timely manner. The letter from the utility must show that the customer has had utility service in his/her name for at least 24 months, has paid their bill;promptly"and is not currently past due on any accounts with that utility. 5.01.010.1(B)Customers who provide evidence of home ownership will not be required to pay a deposit, unless they have been a "collection problem" in the past or become a "collection problem:in the future according to District's credit and collection policies. 5.01.010.1(C)Customers who provide a"qualifying creditscore"based on information from a credit reporting agency, will not be required to pay a deposit, unless they have been a "_collection problem"in the past or become a"collection problem"in the future according to District's credit and collection policies. 5.01.010.2 A deposit will be required of all new construction customers before electric and/or water service connections are scheduled. The minimum deposit will be that amount established by the District as set forth in the Miscellaneous Fees Schedule. {Title 5 Title 5 Page 2 5.01.010.3 Customers moving from one residence to another within the District or new construction customers who have met the credit requirements in Section 5.01.010.4.below_ ,- Meted:section a will not be required to pay a deposit. 5.01.010.4 Credit may be established by a customer if he/she has had service in their name for at least 24 months, has paid their bills"promptly"and has not been a"collection problem"within the last 12 months of this period. 5.01.010.5 Former customers of the District may use prior payment history with the District to establish credit provided the lapse in service was not greater than 24 months. 5.01.010.6 Deposits will be retained for a minimum period of 24 months. If the customer has established �A od credit"with the District, he/she will be refunded their deposit with interest. The deposit and interest credit will be applied to the customer's account. 5.01.010.7 Interest paid on deposits will be the average rate paid by local banking institutions on regular savings accounts and will be adjusted quarterly. 5.01.010.8 Upon termination of service,any retained deposit and accrued interest will be applied against unpaid bills of the customer and, if any balance remains after such application, said balance shall be refunded to the customer of record. 5.01.020 Commercial Deposits 5.01.020.1 A deposit or suitable guarantee equal to two times the highest monthly bill within the last 12 months will be required of any customer before electric and/or water service is supplied. 5.01.020.2 For a new commerciaLservice or a new business,the customer will be required ,,- Meted:If this is a new to pay a deposit equal to an estimated amount based on the load requirements of the service or a comparable commercial business use. 5.01.020.3 Customers moving their business(under the same name and ownership)from one location to another within the District, who have met the credit requirements in .01.020.4 below,will not be required to pay a deposit. De�etea:Number4 5.01.020.4 Commercial credit may be established by a customer if he/she has had the commercial service in their name for at least 24 months,has paid their bills"promptly"and has not been a "collection problem"within the last 12 months of this period. Any new business type,even though opened under an established name,will require a new deposit. 5.01.020.5 Deposits will be retained for a minimum period of 24 months. If the customer has established"good credit"with the District, he/she will be refunded his/her depositwith interest. The deposit and interest credit will be applied to the customer's account. {Title 5 Title 5 Page 3 5.01.020.6 Interest paid on deposits will be the average rate paid by local banking institutions on regular savings accounts and will be adjusted quarterly. _ Deleted:¶ 5.01.020.7 Upon termination of service, any retained deposit and accrued interest will be applied against unpaid bills of the customer and, if any balance remains after such application, said balance shall be refunded to the customer of record. De •¶ 5.01.025 Project Review and Inspection 6.01.025.1 Project application review deposit-A deposit of$1,000 per utility(depending on the size of the project) will be required of a project proponent to defray the cost of review by the District staff, legal consultant and engineering consultant. 5.01.025.2 Project inspection fees -,Projects shall-be subject to a deposit to cove r_the-,_- Deleted: actual costs of construction inspection. The amount of the inspection depositwill be based on the characteristics of the project such as the number of services to be installed, the length of the pipeline to be installed and any other overhead or underground facilities to be installed. Such deposits shall be made prior to the beginning of construction. 5.01.025.3 Only actual costs will be levied against the deposits. If the costs incurred are less than the deposit, a refund (less administrative costs) will be s, sued. - Deleted:made j 5.01.025.4 If costs incurred are in excess of the deposit, a billing for the amount over the deposit will be rendere - Deleted:made 5.01.025.5 All charges must be paid prior to the District's acceptance of project systems. 5.01.027 Project Documentation Deposit(As-Built Drawings) 5.01.027.1 At the time that a Developer signs the Development Agreement, the District shall impose a Project Documentation Deposit equal to five(5)percent of the construction cost of water and/or electric facilities to serve the project. The minimum deposit shall be $1,000. This deposit shall be held by the District and refunded to the Developer upon successful completion of the as-built drawings. The Developer shall not be due any interest on monies held by the District. See District Policy Regarding As-Built Drawings in Appendix A. 5.01.030 Employee Utility Deposits,Any full time, regular employee of the District who - Deleted:- has not established credit with the District,whose full time residence lies within the District, who is served water and/or electric power b the District shall not be required to make a Deleted:It is expected that the p y employee will make every effort to pay deposit unless he/she becomes a "collection problem". Jf the employee's account their bill in atimely manner. becomes a `collection problem", the.emr)loyee will be required to pair the full_deposit-in_ Deleted:he/she order to continue receiving service from the District. Deleted: Deleted:y {Title 5 Title 5 Page 4 5.01.030.1 If an employee's employment with the District is terminated prior to `_establishing credit'_, he/she shall be required to pay the full deposit in order to continue receiving service from the District. Deleted:¶ CHAPTER 5.04 ¶ CREDIT ¶ Sections: 5.04.010 Establishment of Credit 5.04.020 Re-establishment of Credit 5.04.010 Establishment of Credit Each applicant for service will be required to establish- - Deleted:- appropriate credit by advancing the deposit prescribed in Chapter 5.01. 5.04.020 Re-establishment of Credit 5.04.020.1 An applicant who has at anytime had service disconnected for non-payment of bills,made arrangements to amortize the amount due asked for an extension to pay a past due amount,.voluntarily disconnected service with unsatisfactocreditorwho has not paid _,- Deleted:who has a final bill within days fp the final billing date,shall-pay_any unpaid balances due the _, - Deleted:thirty District prior to restoration of service and re-establish credit by making the deposit - Deleted:ottheissuanceofthe prescribed in Chapter 5.01. 5.04.020.2 A customer whose service has been disconnected for non-payment of bills, shall pay any unpaid balance due the District prior to restoration of service and may be required to pay a reconnection charge as prescribed in the Miscellaneous Fee Schedule. Such customer shall re-establish credit by making the deposit prescribed in Chapter 5.01. 5.04.020.3 Payments on final and auto transfer billings must be made within 30 days of the final biNina date.in order to maintain`_good credits'with the District. Failure to paw within 30 _,- Deleted:termination of service days may require a new deposit. ,5.04.020.4 If therei s a history of disconnects for non-payment and/or unpaid bills resulting_ - Formatted:Font:Bold in write-off for specific rental properties the District may require that the service be placed in the name of the property owner and may require a deposit as prescribed in Chapter 5.01. CHAPTER 5.08 BILLING Sections: {Title 5 Title 5 Page 5 5.08.010 Billing Procedure 5.08.020 Billing Procedure -Local, State or Federal Agencies 5.08.010 Billing Procedure 5.08.010.1 Bills will be rendered monthly and shall be paid at the District office, by other payment options offered by the District,or at other locations designated by the District. 5.08.010.2 Failure to receive bills will not release customers from their payment obligation. 5.08.010.3 The due date for payment of bills will be 19 days after the day,bills acre mailed ,- Deleted:the to the customers. Deleted: is 5.08.010.4 Should the due date of bills fall on a Saturday, Sunday or District recognized holiday, the bills will be due the following business day.. - Deleted:the business day next _ ____ __ ..-_--_--_ --------- _-- -- ---� following the due date will beheld as a day of grace for delivery of payment. 5.08.010.5 If at the time of billing, a customer has a previous balance,a late payment fee will be charged at the rate established by the most recently adopted Miscellaneous Fee Schedule. 5.08.010.E A returned check charge will be issue ,to customers for-each_check_returned :,. Deleted:made for insufficient funds. Refer to the Miscellaneous Fee Schedule for current returned check charges. 5.08.010.7 For customers with a hardship or other special extenuating circumstances, special financial counseling is available. When requested by a customer,the District may arrange for a customer to pay the bill in installments. 5.08.010.8 In some instances, the District may install a power limiting device. 5.08.010.9 Monthly water billings for any existing water service, once activated, are to continue in an owner's name or a qualified renter's name. Billing will not be discontinued for a customer requested disconnection disconnections for non- a ment Deleted:Customer requests for or for repair of customer lines, - Deleted: are not suitable reasons to discontinue billing. 5.08.010.10 In the event of fire or demolition which makes a residence or business uninhabitable, water billings will be waived for a maximum of 1 year from the date the building becomes uninhabitable. Should the building become habitable prior to 1 year, water billings will begin as of the date, determined by the District, that the building became habitable. 5.08.010.11 There shall be no charge for water on new construction of residential--,,,,- Formatted:Font:Bold dwellings Formatted:Bullets and Numbering which are un-metered, for a maximum of •ne ear from the date the water service is _- Deleted:1 {T i t l e 5 Title 5 Page 6 connecte at the premises.Water charges will begin at the end of one 1)year regardless__- -- Deleted: meter is installed of the current electric status and regardless of whether or not the District hag received a__- - ueteted:we have certificate of occupancy. The District may begin billing for water within one year for any of the following reasons: Certificate of Occupancy issued Sale/transfer to new customer Mailing address change to residence Information from customer/District personnel indicating occupancy Electric usage indicates occupancy 5.08.020 Billing Procedure - Local, State or Federal Agencies ,Due to the ,,- Deleted:- cumbersome procedures that are required of local, state and federal agencies to process their accounts payable and the fact that their bills are paid monthly and the fact that the District has never had a write-off for a local, state or federal agency, the following procedure will be followed: 5.08.020.1 All local, state and federal agencies will be exempt from late charges. 5.08.020.2 Collection notices will be mailed in a timely manner and collection procedures will be followed as usual. 5.08.020.3 Should a local, state or federal agency reach the disconnect for non-payment step in the collection procedure, it will be referred to the. Customer Services Manager for special handling. CHAPTER 5.12 DISCONTINUANCE AND RESTORATION OF SERVICE Sections: 5.12.010 Termination for Non-payment—Electric and/or Water Service 5.12.020 Customer's Request for Discontinuance of Service-Electric 5.12.030 Customer's Request for Discontinuance of Service-Water 5.12.040 Discontinuance of Electric or Water Service by District 5.12.050 Restoration of Water Service 5.12.055 Restoration of Electric Service 5.12.060 Customer's Responsibility when Electric and/or Water Service is Discontinued 5.12.010 Termination for Non-payment—Electric and/or Water Service 5.12.010.1 A notice that service is subject to termination for non-paymentwill be by written notification from the District. This notice will be printed three business day fter a bill is - - Deleted:one week {Title 5 Title 5 Page 7 generated that shows a previous balance on the account. 5.12.010.2 Written notice of termination(Late Payment Reminder Notice)shall be mailed by first class mail to customer at least 15 calendar days prior to the scheduled date of termination. 5.12.010.3 The Late Payment Reminder Notice will include: 5.12.010.3(A) The name and address of the customer whose account is delinquent. 5.12.010.3(B) The amount of the delinquency. 5.12.010.3(C) The date by which payment or arrangements for payment is required in order to avoid termination. 5.12.010.3(D) The procedure by which the customer may initiate a complaint or request an investigation concerning service or charges,except that, if the bill for service contains a description of that procedure,the notice pursuant to S ction 5.12.010.2 is not required to Deleted:s contain that information. 5.12.010.3(E) The procedure by which the customer may request amortization of the unpaid charges. 5.12.010.3(F) The procedure for the customer to obtain information on the availability of financial assistance, including private, local, state, or federal sources, if applicable. 5.12.010.3(G)The telephone number of a representative of the District who can provide additional information or institute arrangements for payment. 5.12.010.4 The Final Notice of Termination of Service will include: 5.12.010.4(A)The District shall mail a 48 hour final notice of termination to the customer prior to disconnect. Additionally, the District shall make a reasonable, good faith effort to contact an adult person residing at the premises of the customer by telephone or personal contact, at least 48 hours prior to any termination of service, except that, whenever _,- Deleted: telephone or personal contact cannot be accomplished, the District shall�_post_in-a- _ _ Deleted: conspicuous location at the premises, a notice of termination of service,at least 48 hours prior to termination. Every notice of termination of service shall include items of information as listed in Spctions 5.12.010.3 (A),_ B), C), (F)and (G)above. ,- Deleted:s 5.12.010.4(B) The District shall make available to its residential customers who are 65 years of age or older, or who are dependent adults as defined in paragraph (1) of subdivision (b) of section 15610 of the California Welfare and Institutions Code, a third party notification service whereby the District will attempt,to notify a person designated by the customer to receive notification when the customer's account is past due and subject to {Title 5 Title 5 Page 8 termination. The notification shall include information on what is required to prevent termination of service. The residential customer shall make a request for third-party notification on a form provided by the District and shall include the written consent of the designated third party. Such notification does not obligate the third party to pay the overdue charges, nor shall it prevent or delay termination of service. 5.12.010.4(C) If the customer does not make apayment,notify the District of a dispute of a bill, or make other arrangements acceptable to the District by the last day for the payment, the District will proceed on schedule with the termination. 5.12.010.4(D)(1) Payments made against uncollectible funds (i.e., check returned for insufficient funds, closed account, etc.) to avoid disconnection, will be considered non- payment and the District will proceed according to the procedures set forth above as if no payment had been received as described in section 5.12.010.4(A). Customers who make payments against uncollectible funds to avoid disconnection will be placed on a cash only basis for a period of twelve 0 2) months. 5.12.010.4(D)(2) Payments made against uncollectible funds in order to have service reconnected,will be considered non-payment and the District will immediately proceed to the 48-hour notice of termination as described in_�gction 5.12.010.4(A)_ Customers who _- Deleted:S make payments against uncollectible funds to reconnect service will be placed on a cash only basis for a period of twelve (12) months. 5.12.010.4(E)M The employee carrying out the termination procedure will attempt,before disconnecting service, to contact the customer at the premises in a final effort to collect payment and avoid termination. .5.12.010.4 (E)(2) No payment arrangements will be-made-in the field. If the customer ,- Formatted:Font:Bold cannot pay the collector,the service will be disconnected until such time as the customer has made acceptable payment arrangements through the office. 5 12 010.4(EQ) Customers who regularly(more than 2 times in a 12 month period)wait - Formatted:Font:Bold ��511-11 111�111 •.1114��!T �• to make their payment to the collector on the day of termination will be disconnected. The Formatted:Font:Bold customer will have to go into the office to make payment before their service is Formatted:Font:Not Bold reconnected. 5.12.010.4(F)Termination will not be made on any Saturday, Sunday, legal holiday or any time during which the business office of the District is not open. 5.12.010.4(G) In case of tenants whose electric and/or water service is in the landlord's name,the District shall make every good faith effort to inform the occupants by means of a notice, when the account is in arrears, that service will be terminated in 10 days. In any such delinquent situation, the District will comply with California Public Utilities Code 16481 in implementing this termination of service procedure. {Title 5 Tkle5 Page 5.12.010.4(H) Customers who have been disconnected for non-payment, have made arrangements to amortize the amount due or have asked for an extension to pay a past due amount, will-be required to re-establish credit bar paying_the_deposit required by ,- Deleted- . Chapter 5.01„_ _-I Deleted: of these codes. 5.12.010.4(1) A customer who transfers service from one account to another and fails to pay his/her final bill within 30 days of the final billing date on the old accountwill be subject to the disconnect procedure at his/her new account. 5.12.020 Customer's Request for Discontinuance of Service—Electric 5.12.020.1 The District shall permit a physical disconnection from the electric system when necessary(1)to permit the customer to perform repairs,modifications or service upgrades on the customer premises or (2) when the customer wishes power to remain off for an extended period. Customers may arrange for disconnection of service by giving advance notice to the District. Customers will not be billed for electric service while disconnected. 5.12.020.2 Disconnect and/or reconnect fees will be charged based on the Miscellaneous Fee Schedule or services performed under Section 5.12.055 Restoration of Electric Service. 5.12.030 Customer's Request for Discontinuance of Service -Water 5.12.030.1 The District shall permit a physical disconnection from the water system on a temporary basis when necessary (1) to permit the customer to perform repairs, modifications or service upgrades on the customer premises or (2) when the customer premises is not equipped with an appropriate shut-off valve and physical disconnection is necessary to avoid frozen water pipes. A physical disconnect shall not be permitted for any other reason. Customers may arrange for disconnection of service by giving advance notice to the District. Monthly charges for service shall not be waived during the period of disconnect. 5.12.030.2 Disconnect and/or reconnect fees will be charged based on the Miscellaneous Fee Schedule or services performed under Section 5.12.050 Restoration of Water Service. 5.12.040 Discontinuance of Electric or Water Service by the District 5.12.040.1 With Notice The District may discontinue electric or water service for any one or more of the reasons contained in this rule. Except as otherwise specifically provided here, Public Utilities Code Sections 16481, 16482 and 16483 and any subsequent amendments, shall be complied with regarding any disconnect or discontinuance of service. Water billings will continue regardless of the reason for disconnect. (Title 5 Title 5 Page 10 5.12.040.1(A) Non-payment of bills-the District may disconnect, discontinue or refuse service if a customer has not paid his/her bill for electric or water service rendered, reconnection charges, and/or cash deposit as required by the District. Refer to Section 5.12.010 Termination for Non-Payment. 5.12.040.1(B) Negligent or wasteful use of water, as determined by the District. 5.12.040.1(C) Where a customer receives electric and/or water service at more than one location and the bill or charges for service at any one location is not paid prior to delinquency, electric and/or water service at all locations may be disconnected. 5 12 040 1(D) Failure to Qrovide documents or payment as requested by a Notice to _- Formatted:Font:Not Italic Comply Requested items may include but are not limited to, service applications, lease Formatted:Font:Not Bold agreements home ownership documents signed payment agreement and payment by cash or money order for a check returned unpaid by the bank.. - Formatted:Font:Not Bold,Not Italic J5.12.040.2 Without Notice_A customer's electric or water service may be discontinued by _.- Deleted:4 the District without notice where: 5.12.040.2(A) Unsafe/hazardous condition or illegal apparatus - the District may discontinue electric and/or water service without notice or refuse service if any part of customer's wiring,piping or equipment or use thereof is either unsafe or in violation of law, until such apparatus is placed in a safe condition or the violation remedied. Water billings will continue regardless of the reason for disconnect. 5.12.040.2(B) Service detrimental or dangerous - the District may disconnect or discontinue without notice or refuse service if in the District's judgment, the operation of the customer's equipment is or will be detrimental or dangerous to his/her own service or service of other customers. 5.12.040.2(C)Fraud-,the District may discontinue service without notice_or refuse service,- - Deleted:T if the customer's actions or the condition of his/her premises is such as to indicate an intent to defraud the District. 5.12.040.2(D) Cross Connection -_the_ District finds_a dangerous unprotected cross _ Deleted:T connection between the District's water supply and any unapproved source of water. 5.12.040.2(E) Failure to comply with the District's rules - the District may disconnect, discontinue or refuse service if the customer does not comply with the District rules, regulations, and/or codes for receiving electric and/or water service. 5.12.040.2(F) Abandoned building or residence -the District may discontinue or refuse service to any building with the appearance of being abandoned (i.e., a look of being (Title 5 Title Page11 deserted,windows broken,doors in disrepair, or the general appearance of not being lived in, etc). Such discontinuance will remain in effect until all conditions are met and fees are paid regarding a new service, and the service is inspected and approved by the proper building authorities. 5.12.040.2(G) Condemned building or residence-the District may discontinue or refuse service to any building that has been condemned by the proper state, county or governmental authorities. Such discontinuance will remain in effect until all conditions are met and fees are paid regarding a new service,and the service is inspected and approved by the proper building authorities. 5.12.040.3 In those instances where the District discontinues electric or water service to any customer without notice, the District shall notify the customer of the reasons for the discontinuance of service and the corrective action to be taken by customer before service can be restored. 5.12.050 Restoration of Water Service 5.12.050.1 In those cases where the customer has requested discontinuance of service, the customer must pay the disconnection/reconnection charge as established in the current Miscellaneous Fee Schedule approved by the Board of Directors. 5.12.050.2 In those instances where the`service to a customer has been disconnected, with or without notice, service shall not be restored until such time as the customer has taken any necessary corrective action, as determined by the District,and paid all bills and charges due the District, in addition to reconnection charges as described below. 5.12.050.3 Within five years, same size service: If service of the same size is re- established within five years of the date of discontinuance,the customer shall make normal application for service as per Title 6.04 and pay reconnect fees based on the Miscellaneous Fee Schedule provided the service has not been damaged. If the service has been damaged, the customer will be billed the actual cost to restore service. 5.12.050.4 Within five years, upgrade of service: If service is re-established within five years of the date of discontinuance and the customer requests an upgrade of the service, the customer shall make normal application for service as per Title 6.04. Customer shall pay reconnect fees based on the Miscellaneous Fee Schedule provided the service has not been damaged. If the service has been damaged, the customer will be billed the actual cost to restore service. Additional connection fees may apply. Facilities fees shall be charged for an increase in size of the new service when compared to the previous service. 5.12.050.5 After five years: If service is re-established after five years from the date of discontinuance, the customer shall make normal application for service as per Chapter {Title 5 Title Page12 6.04. Customer shall be responsible for payment of current connection and facilities fees. No credit will be given for the previous service. 5.12.050.6. If conditions require the use of a backhoe or other equipment to effect the disconnect and/or reconnect, the customer shall be required to pay the actual charges, including labor, material, equipment and applicable overheads in lieu of the customary fee set forth in the Miscellaneous Fee Schedule. - - Deleted:¶ 5.12.050.7 No seasonal disconnect of 5.12.055 Restoration of Electric Service water service will result in discontinuance of monthly billings.¶ 5.12.055.1 In those instances where the service to a customer has been disconnected, with or without notice, service shall not be restored until such time as the customer has taken ecessa corrective action, as determined b the District, and paid all bills and ;, - Deleted:any �- - _-_rY--------------— ---- ----- - Y--.------------- -------------- charges due the District, in addition to reconnection charges as described below. 5.12.055.2 Within five years, same size service: If service of the same amperage and voltage is re-established within five years of the date of discontinuance,the customer shall make normal application for service as per Title 7.12 and pay reconnect fees based on the Miscellaneous Fee Schedule provided the service has not been damaged. If the service has been damaged, the customer will be billed the actual cost to restore service. 5.12.055.3 Within five years, upgrade of service: If service is re-established within five years of the date of discontinuance and the customer requests an upgrade of the service consisting of, but not limited to, amperage size, voltage increase, multiple phases, the customer shall make normal application for service as per Title 7.12. Customer shall pay reconnect fees based on the Miscellaneous Fee Schedule provided the service has not been damaged. If the service has been damaged, the customer will be billed the actual cost to restore service. Additional connection fees may apply. Facilities fees shall be charged for the excess capacity of the new service when compared to the previous service. 5.12.055.4 After five years: If service is re-established after five years from the date of discontinuance, the customer shall make normal application for service as per Chapter 7.12. Customer shall be responsible for payment of current connection and facilities fees. No credit will be given for the previous service. 5.12.055.5 If conditions require the use of a backhoe or other equipment to effect the disconnect and/or reconnect, the customer shall be required to pay the actual charges, including labor, material, equipment and applicable overheads in lieu of the customary fee set forth in the Miscellaneous Fee Schedule. 5.12.060 Customer's Responsibility when Electric and/or Water Service Discontinued In the event a customer's electric and/or water service is discontinued as a result of voluntary termination,jermination for failure to pay bills_or any other reasons stated in {Title 5 Title 5 Page 13 ctions 5.12.040 1 or 5.12.040.2, it-shall- be_the_ customer's _responsibility to-take- ;_- Deleted:s necessary precautions against any and all damage to the customer's pipes, fixtures and Deleted:o appliances which could result from such termination. The District shall not be liable for any such damage. CHAPTER 5.16 DISPUTES Sections: 5.16.010 Disputed Bills—Electric or Water 5.16.030 Appeal 5.16.010 Disputed Bills—Electric or Water 5.16.010.1 kcustomer who initiates a complaint or requests an investigation within five ,-- Meted:ny days of receiving the contested bill or who has, within 13 days of mailing of g,Late _-- Deleted:the Payment Reminder Notice, made a request for extension of the payment period of a bill asserted to be beyond the means of the customer to pay in full during the normal period for payment, shall be given an opportunity-,for review of the complaint, investigation, or request by a review manager of the District. 5.16.010.2 After notification that a dispute exists, the District shall make an appropriate _ Deleted:forthwith investigation,and shall report the result Jo the customer within 10 working_days_ The _ . - Deleted:as to the accuracy of the review shall include consideration of whether the customer should be permitted to amortize charges the unpaid balance of his account over a reasonable period of time not to exceed 12 Deleted:thereof months. No termination of service shall be effected for any customer complying with an amortization agreement, if the customer also keeps the account current as charges accrue in each subsequent billing period. If the customer does not comply with the amortization agreement, it will be considered non- payment and the District will immediately mail a Final Notice to the customer and proceed with termination according to Section 5.12.010.4(A)through (Q above. - Deleted:F No termination of service shall occur as a result of non-payment during a pending jnvestigation of a customer dispute or complaint. Deleted:the pendency of an 5.16.030 Appeals 5.16.030.1 Any applicant or customer who is dissatisfied with any determination made under these rules, may at any time within 30 days after such determination is made,appeal to the Board of Directors of the District by giving written notice to the Clerk of the District setting forth the matter upon which appeal is sought. {Title 5 Title5 Page14 5.16.030.2 The General Manager shall then conduct an investigation and report on the disputed matter to the Board within 15 days from date of such written notice. 5.16.030.3 Not less than 30 days after receipt of the Manager's report, the Board shall hold a hearing on the appeal. Appropriate notice of the date, place, and time of the hearing shall be given to all persons affected by it not later than 10 days prior to the hearing date. After such hearing, the Board of Directors shall state its determination of the matter and the reasons therefore, and shall make appropriate findings and its determination shall be final and conclusive. 5.16.030.4 Pending a decision pursuant to an appeal ender this rule, regarding any,- - Deleted:taken dispute concerning amounts for charges,the customer taking such appeal shall pay the full amount of the charges which shall be deemed paid under protest. Any charge or amount previously paid under protest will be refunded.if the Board of.Directors determines that the _-- neietea: forthwith,in the event charge was wrongfully made. 5.16.030.5 A copy of the above investigation and appeal procedures is described on the back of the customer bill. CHAPTER 6.20 ELECTRIC FEES AND CHARGES Sections: 5.20.010 Connection Fees -Temporary Service 5.20.020 Connection Fees- Permanent Service 5.20.030 Connection Fees-Permanent Service,Multiple(Single and Three Phase) 5.20.040 Facilities Fees—Moved to Section 5.26 5.20.050 Miscellaneous Service Fees 5.20.060 Expiration of Fees 5.20.010 Connection Fees-Temporary Service The District will provide two types of -- peietea:- temporary service;one which will be removed and not become permanent,and one which will become a permanent service. 5.20.010.1 Temporary service The actual cost of temporary service installation(which --- pelietea:- will not result in a permanent electric service) and subsequent removal will include the material, labor, equipment, overhead, administrative costs and account set-up fees. The charge to be paid is a flat charge and is included in the most recent ordinance approved by the Board of Directors entitled"Amending the Electric Connection Charges". The applicant will be required to pay the fee prior to the provision of service. {Title 5 Title 5 Page 15 5.20.010.2 Temporary service for construction purposes,The_connection_fee_for _,- Deleted:- temporary service(which will result in a permanent electric service)is a charge determined by the District to establish service to a temporary power pole for construction purposes which will later be converted to a permanent service. The connection fee for this temporary to permanent connection is a flat charge and is included in the most recent ordinance approved by the Board of Directors entitled'_Amending the Electric Connection Charges". This fee includes, but is not limited to, the cost of material, labor, equipment, overhead, meter, transformer, overhead conductor, permanent overhead/underground connection transfer, administrative costs and account set-up fees. 5.20.020 Connection Fees - Permanent Services The connection fee is a charge - Deleted: - determined by the District to establish a new service. It includes, but is not limited to,the costs of material, labor, equipment, overhead, administrative costs and account set-up fees to provide the service conductor and cable, metering, a proportionate share of the transformer costs, and the account set-up costs. The charge to be paid is included in the most recent ordinance approved by the Board of Directors entitled"Amending the Electric Connection Charges". 5.20.030 Connection Fees - Permanent Service, Multiple(Single and Three Phase), - Deleted:- In the event that a service requires multiple metering, the original service will be governed by the connection fees for a permanent-service. Subsequent connections made from the same service drop will be subject to the metering,and account set-up costs in addition to the facilities fees if applicable. 5.20.050 Miscellaneous Service Fees. Any_customer requesting-work for_their-sole- _ Deleted: - convenience will be charged the actual cost of the service performed including material, labor, equipment, overhead, administrative costs and any appropriate facilities fees(see Miscellaneous Electric Service Fees). 5.20.060 Expiration of Eges, Electric connection fees paid shall be effective for a period- - Formatted:Underline of two years from the date of application. Applicant shall be subject to payment of Deleted:r increased connection fees if the connection has not been made within two years of the Deleted:- date of application. CHAPTER 5.24 ELECTRIC RATES Sections: 5.24.010 Domestic Electric Rate,Schedules_Permanent(P10)and Non- ,- Deleted:s Rate Permanent Residents (S10) Deleted:s Rate 5.24.020 Commercial Electric Rat Schedule -,Small 15 Deleted: 5.24.030 Commercial Electric Rate�Schedules_.-Medium(20)and Large __ Deleted:s Rate {Title 5 Title Page16 (25) 5.24.040 Miscellaneous Services 5.24.010 Domestic Electric Rat%Schedules-Permanent(P10)and Non-Permanent - Deleted:s Rate Residents (S10) Formatted:underline 5.24.010.1 €lectric rates as shown in "Rate Schedules Permanent (P10) and Non- --FDeieted: Permanent(S10)"shall be charged to all domestic(residential) customers. 5.24.010.2 An energy surcharge shall continue to be added to each bill as required by California law. 5.24.020 Commercial Electric Mate Sched ule Small(15) - Deleted:Rates— 5.24.020.1 Electric rates as shown in"Rate Schedule Small (15)_shall be charged to all commercial customers with a monthly demand of less than 50 kilowatts. 5.24.020.2 An energy surcharge shall continue to be added to each bill as required by California law. 5.24.030 Commercial Electric Rate Schedules Medium (20)and Large (25) -- Deleted:Rates- 5.24.030.1 This policy shall be applicable to commercial service requirements within the District including power and lighting taken at one point of delivery with J_ kilowatts or ,,- Deleted:more than more of demand. Medium commercial service is that service with monthly demand pf 50 ,_- Deleted:greater than kilowatts or more and less than 200 kilowatts. Large commercial service is that service with monthly demand qL200 kilowatts or more. Deleted:greater than 5.24.030.2 Character of service-sixty-hertz alternating current. The District reserves the right to specify the voltage and phase of service supplied under this schedule. 5.24.030.3 Monthly rates-shall be as set forth in`_Rate Schedules Medium(20)and Large (25)". 5.24.030.4 Measured demand-the maximum measured 15 minutes average kilowatt load during the billing period. If, at the discretion of the District, the customer's usage is intermittent or highly fluctuating, then a shorter time interval may be used. 5.24.030.5 Billing demand shall be the current period's measured demand. 5.24.030.6 An energy surcharge shall continue to be added to each bill as required by California law. 5.24.030.7 Terms of service Service under this schedule is subject to the District's rules, ,,- Deleted:- {Title 5 Title 5 Page 17 regulations and codes for receiving electric service. 5 24 40 Miscellaneous Services Fees and charges for miscellaneous services --- Formatted:Bullets and Numbering performed by the District are defined in the most recent Miscellaneous Fee Schedule - Formatted:Font:Bold,Underline approved by the Board of Directors. CHAPTER 5.26 ELECTRIC AND WATER FACILITIES FEES Sections: 5.26.010 Facilities Fees 5.26.020 Expiration of Fees 5.25.010 Facilities Fees 5.26.010.1 Legislative Findings 5.26.010.1(A)The District must expand its water and electric facilities in order to maintain current standards of public health if new development is to be accommodated without decreasing current standards of public health. 5.26.010.1(B)The imposition of facilities fees is one of the preferred methods of ensuring that development bears a proportionate share of the cost of water and electric facilities necessary to accommodate such development. This must be done in order to promote and protect the public health, safety and welfare. 5.26.010.1(C)Connecting to the District water and/or electric system will create a need for the construction, equipping or expansion of water and electric facilities. 5.26.010.1(D) The fees established by Section 5.26.010.7 are derived from, are based upon and do not exceed the costs of providing additional water and electric facilities necessitated by the connection to the District's water and electric systems. 5.26.010.1(E) The report entitled "Water System Master Plan" sets forth a reasonable {Title 5 Title 5 Page 18 method and analysis for the determination of the impact of new development on the need for and costs for additional water facilities within the Truckee Donner Public Utility District. 5.26.010.1(F) The report entitled "Electric System Master Plan'_sets forth a reasonable method and analysis for the determination of the impact of new development on the need for and costs for additional electric facilities within the Truckee Donner Public Utility District. 5.26.010.2 Short Title, Authority and Applicability 5.26.010.2(A)The adopting ordinance(No. 8903)shall be known and may be cited as the "Truckee Donner Public Utility District Water and Electric Facilities Fee Ordinance." 5.26.010.2(B)The Board of Directors of the Truckee Donner Public Utility District adopted the ordinance pursuant to the Public Utility District Act within the Public Utilities Code of the State of California. 5.26.010.2(C) The rules included herein which were adopted by ordinance shall apply within the boundaries of the Truckee Donner Public Utility District to parcels served by the Truckee Donner Public Utility District water and/or electric systems. 5.26.010.3 Intents and Purposes 5.26.010.3(A) These rules are intended to assist in the implementation of the Truckee Donner Public Utility District Master Plans. . 5.26.010.3(B) The purpose of these rules is to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide water and electric facilities within the Truckee Donner Public Utility District service area. 5.026.010.4 Rules of Construction 5.26.010.4(A) These provisions shall be liberally construed so as to effectively carry out their purpose in the interest of the public health, safety and welfare. 5.26.010.4(B) For the purposes of administration and enforcement of this code, unless otherwise stated in this code, the following rules of construction shall apply to the text of this code: • In case of any difference of meaning or implication between the text of this code and any caption, illustration, summary table or illustrative table, the text shall control. • The word "shall" is always mandatory and not discretionary; the word "may" is permissive. {Title 5 Title 5 Page 19 • Words used in the present tense shall include the future; and words used in the singular number shall include the plural and the plural the singular, unless the context clearly indicates the contrary. • The phrase "used for" includes "arranged for,_' l s red for,"-"maintained_for," or_,_- Meted: "occupied for." • The word"person"includes an individual, a corporation, a partnership,an incorporated association or any other similar entity. • Unless the context clearly indicates the contrary,where a regulation involves two(2)or more items, conditions, provisions,or events connected by the conjunction"and,""or" or"either...or,"the conjunction shall be interpreted as follows: • "And" indicates that all the connected terms, conditions, provisions or events shall apply. • "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination. • "Either...or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination. • The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of Like kind or character. • "General Manager"means the General Manager of the Truckee Donner Public Utility District or the District representative that he/she may designate to carry out the administration of this code. 5.26.010.5 Definitions • "Capital Equipment' is equipment with an expected use life of two years or more. • "Connection to the Water and/or Electric System"is the physical connect of a building, structure or use of land to the District's water and/or electric lines, no matter if such connection is made through or by intermediate lines. • "Electric Facilities"are defined as the individual distinct components within the electric system such as transformers, poles, cable and conductor. • "Electric System" is defined as the integrated network that distributes electricity throughout the District to its customers. • "Applicant" is a person applying for connection to the District's water and/or electric {Tit 1 e 5 Title 5 Page 20 system. • "Water Facilities"are defined as the individual distinct components within the system such as a source, storage tank, disinfection equipment, booster pump station or pipeline. • "Water System"is defined as the integrated network that supplies,disinfects,transmits, stores and distributes water throughout the District to its customers. 5.26.010.6 imposition of Water and Electric Facilities Fees 5.26.010.6(A)When computing a fee pursuant to this code,the District shall prepare and retain a written memorandum containing the following information: • Identify the purpose of the fee. • Identify the use of, he fee ti If the use is financing_p blic facilities, the facilities shall be ;-- Deleted:towhicn identified. The identification may, but need not, be made by reference to a capital Deleted: is to be put improvement plan, may be made in applicable general or specific plan requirements,or may be made in other public documents that identify the public facilities for which the fee is charged. • Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is'imposed. • Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed. • Determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed. 5.26.010.6(B)_Any person who,after the effective date of this code seeks to connect to the Truckee Donner Public Utility District water system is hereby required to pay a water facilities fee in the manner and amount set forth in this code. 5.26.010.6(C) Any person who,after the effective date of this code seeks to connect to the Truckee Donner Public Utility District electric system is hereby required to pay an electric facilities fee in the manner and amount set forth in this code. 5.26.010.7 Computation of the Amount of Water and Electric Facilities Fees 5.26.010.7(A)When computing a fee pursuant to this code,the District shall prepare and retain a written memorandum containing the following information: {Title 5 Title 5 Page 21 • Identify the purpose of the fee. • Identify the use the fee-Jf the use is financing public facilities,the facilities shall be ,-- Deleted:towhich identified. The identification may, but need not, be made by reference to a capital J Deleted: is to be put. improvement plan, may be made in applicable general or specific plan requirements,or Deleted: may be made in other public documents that identify the public facilities for which the fee is charged. • Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed. Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the.fee is imposed. Determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed. 5.26.010.7(B) At the option of the applicant, the amount of the water and/or electric facilities fee may be determined by the District's facilities fee schedules in effect at the time of application. 5.26.010.7(C)In the case of change of use, redevelopment or expansion or modification of an existing use which requires a new, replacement, or additional connection to the District's water system,the facilities fee shall be-based upon the net increase in the size of the meter for the new connection over the size of the meter for the previous connection. 5.26.010.7(D) In the case of change of use, redevelopment, or expansion or modification of an existing use which requires a new, replacement or additional connection to the District's electric system, the facilities fee shall be based upon the net increase in the amperage and voltage of the electrical panel for the new connection over the amperage and voltage of the previous electrical panel. 5.26.010.8 Pa_ yment.of Fee 5.26.010.8(A)The applicant shall pay the water and electric facilities fee required by this code to the General Manager or his designee at the time of application to the District's water and/or electric system. 5.26.010.8(B)All funds collected shall be properly identified by and promptly transferred for deposit in the appropriate Water and Electric Facilities Fee Trust Fund to be held in separate accounts as determined in Section 5.26.010.10 of this code and used solely for the purposes specified in this code. (Title 5 Title 5 Page 22 5.26.010.9 Water and Electric Facilities Fees Trust Funds Established 5.26.010.9(A) There are hereby established two(2)separate Facilities Fee Trust Funds: (1)the Water Facilities Fee Trust Fund and (2)the Electric Facilities Fee Trust Fund. 5.26.010.9(B)Funds withdrawn from these accounts must be used in accordance with the provisions of Section 5.26.010.10 of this code. 5.26.010.10 Use of Funds 5.26.010.10(A)Funds collected from water and electric facilities fees shall be used solely for the purpose of acquiring, equipping and/or making capital improvements to water and electric facilities under the jurisdiction of the Truckee Donner Public Utility District and shall not be used for maintenance or operations. 5.26.010.10(B)Funds from the Water Facilities Fee Trust Fund may only be used for water facilities purposes and funds from the Electric Facilities Fee Trust Fund may only be used for electric facilities purposes. Funds shall be expended in the order in which they are collected. 5.26.010.10(C)In the event that bonds or similar debt instruments are issued foradvanced provision of capital facilities for which water and,electric facilities fees may be expended, facilities fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type described in Sections 5.26.010.10A and B above.) 5.26.010.10(D)At least once every two years, the General Manager shall present to the Board of Directors a proposed capital improvement program for water and electric facilities, assigning funds, including any accrued interest, from the Water and Electric ,.- oeietea:several Facilities Fee Trust Funds to specific;water and electric facilities improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same Water and Electric Facilities Fee Trust Funds until the next fiscal period except as provided by the refund provisions of this code. 5.26.010.10(E) Funds may be used to provide refunds as described in Section 5.26.010.11. 5.26.010.10(F) Funds may be used to rebate developer costs for providing water and/or electric capital facilities in excess of the capacity required to the individual developer making the provision.Any rebates must be pursuant to a refunding agreement between the developer and Truckee Donner Public Utility District after the effective date of this code. Prior refunding agreements may be re-negotiated in order to bring such agreements into accord with the provisions of this code. 5.26.010.11 Refund or Encumbrance of Fees Paid {Title 5 Title 5 Page 23 5.26.010.11(A)Any funds not expended or encumbered by the end of the calendar quarter immediately following five (5) years from the date the water and/or electric facilities fee was paid shall, upon application of the then current landowner, be returned to such landowner,provided that the landowner submits an application for a refund to the General Manager of the Truckee Donner Public Utility District within one hundred eighty(180)days of the expiration of the five (5) year period. 5.26.010.11(B)The District may, however,encumber funds prior to the end of the calendar quarter immediately following five(5)years from the date the water and/or electric facilities fee was paid. The District may make determinations that, in the interest of proper system expansion, and in order not to replicate facilities, funds may be held in excess of five (5) years. Once said determinations are made, the District shall thereafter review said determinations on an annual basis. 5.26.010.12 Exemptions and Credits 5.26.010.12(A) The following shall be exempted from payment of the facilities fee: • Alterations or expansion of an existing building where no additional or larger water connections are requested and where the use is not changed. • Alterations or expansion of an existing building where no additional or greater capacity electrical panels are requested and where the use is not changed. • The replacement of a building or structure with a new building or structure of the same size and use where no additional or larger water connections are requested and where the use is not changed. • The replacement of a building or structure with a new building or structure of the same size and use where no additional or greater capacity electrical panels are requested and where the use is not changed. Any claim of exemption must be made no later than the time of application for connection to the District's water and/or electric system. While it is inherently the applicant's responsibility to claim an exemption, the District will make every effort to notify the applicant if he is subject to an exemption. 5.26.010.13 Review 5.26.010.13A The fees contained in Section 5.26.010.7 shall be reviewed by the Board of Directors at least once each fiscal period. 5.26.010.14 Enforcement Provision {Tit 1 e 5 Title 5 Page 24 5.26.010.14(A) Truckee Donner Public Utility District shall have the power to sue in civil court to enforce the provisions of this code. 5.26.010.15 Severability 5.26.010.15(A) If any section, phrase, sentence or portion of this code is for any reason held invalid or unconstitutional by any court of competent jurisdiction,such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. 5.26.010.16 Conflict 5.26.010.16(A) In the event of any conflict between this code and state law, including Government Code Sections 66000-66009, state law shall control. 5.26.010.17 Effective Date 5.26.010.17(A) This code becam effective on December 6, 1989. ,,- Deleted:shall become 5.26.020 Expiration of Fees ,Facilities Fees paid will be effective for a_period of five - Deletes:— years from the date of application. Applicant may be subject to payment of increased fees if the connection has not been made within the specified time period. CHAPTER 5.28 WATER FEES AND CHARGES Sections: 5.28.010 Connection,Tapping and Facilities Fees 5.28.020 Miscellaneous Service Fees 5.28.030 Expiration of Fees 5.28.010 Connection,Tapping,and Facilities Fees All applicants for water service are ,- Formatted:Font:Bold,Underline subject to three charges when applicable: a connection fee, tapping fee, and a facilities fee, in accordance with the current Water Connection and Facilities Fee ordinances as established by the Board of Directors. 5.28.010.1 .Connection Fee The connection fee is a_charge made by the District to_ , - Formatted:No underline establish a new service. It includes, but is not limited to, the costs of material, labor, Deleted:- equipment, overhead, administrative costs and account set-up fees. 5.28.010.2Tapping Fee.The tapping fee is a charge made by the District based upon the Formatted:No underline Deleted:- {Title 5 Title 5 Page 25 actual costs including material, labor, equipment, overhead and administrative costs to provide an applicant's service lateral pipe and connect it to the District's water mains. 5.28.010.3 Facilities Fee- The facilities fee is a charge_made by-the_District to cover the_ _- Formatted:Underline �-------- - ---- ----—------- -- applicant's pro rata share of the cost of the existing supply facilities and any expansions or Deleted:- additions thereof which are required to serve the applicant. The cost of future source and Formatted:No underline 71 storage facilities shall be included in the facilities fee in order to maintain an equitable distribution of benefits received between present and future service connections. 5.28.020 Miscellaneous Service Fees._Any customer requesting_work for their sole ,`- Formatted:Underline convenience will be charged the actual cost of the service performed, including material, - Deleted:- labor, equipment, overhead, administrative costs and any appropriate facilities fees(see Miscellaneous Fees Schedule 5.28.030 Expiration of Fees,Water Connection Fees paid will be effective fora period - Deleted:- of two years from the date of application. Applicant may be subject`to payment of —71 increased fees if the Fonnection has not been:made within the specified time period._ - Deleted: CHAPTER 6.32 WATER RATES Sections: 5.32.010 Residential Water Rates 5.32.020 Commercial Water Rates 5.32.010 Residential Water_Rates._ The Domestic Water Rates for single family homes, Formatted:Underline individual condominium units and townhouse units shall relate to the pressure zone in Deleted: 71 - which said service is located. The Domestic Flat Rate Base for all zones shall be a fixed monthly rate;the appropriate zonal pumping costs shall be added to the base monthly rate yielding the appropriate flat zonal rates.These rates are set by ordinance approved by the Board of Directors. 5.32.020 Commercial Water Rates.Commercial Rates shall apply to all duplex and other,__- Deleted:- multiple dwelling units, trailer parks and other commercial establishments and are set by ordinance approved by the Board of Directors. CHAPTER 5.36 {Title 5 Title 5 Page 26 INFORMATION AVAILABLE TO THE PUBLIC Sections: 5.36.010 General Information 5.36.020 Electric Rate Information 5.36.010 General Information 5.36.010.1 General information—It is the intent of the District to follow State and Federal regulations regarding public information. The District maintains at its offices, pertinent information regarding electric and/or water service including: 5.36.010.1(A) Characteristics of electric and/or water source and service; 5.36.010.1(B) Policies - gppies of these policies, service area maps, and forms of -. Deleted: contracts and applications relative to electric and/or water service; 5.36.010.1(C) Rates-�Qppies_of the rates,and fees for electric and/or water service. --- Deleted:c 5.36.010.2 Upon request, a customer will receive a statement of such customer's monthly gyp consumption or gallons of water consumed if the service is metered for the prior_ - -- Deleted:K twelve month period. There is no charge for this service. Deleted:H 5.36.010.3 Requests for information may be made in person at the District office, by phone, fax, e-mail or by mail. 5.36.020 Rate Information - Upon request, the District will inform each applicant for service of the applicable rate schedules. Rate change information will also be advertised in a newspaper of general circulation and will be posted on the District's website. CHAPTER 5.37 PUBLIC OUTREACH POLICY Sections: 5.37.010 Policy Statement 5.37.020 Definition of Important Issues 5.37.030 Method of Public Communication {Title 5 Title 5 Page 27 5.37.010 Policy Statement It is the policy of the District to promote open communication with the customers of the District on issues of importance appearing on the agenda of the Beard of irectors_ To further this policy, there is hereby established a process bar which _- Deleted:b the District shall initiate contact. informing the community of important issues that are Deleted:d appearing before thepoard of,Virectors_ This outreach shall occur earl enough to permit _- Deleted:b thorough discussion of the issue prior to the hoard taking formal action. Deletes:d Deleted:b 5.37.020 Definition of Important Issues.Important issues are those that involve changes __ Delete Formatted:Underline in monthly water and electric user charges, changes in the Miscellaneous Fees Schedule, changes in connection fees, changes in facilities fees,and changes in regulations covering new and retrofit residential and commercial construction. Changes in monthly water and electric user charges, changes in the Miscellaneous Fees Schedule or changes in connection fees shall normally occur as part of the Poard_budget discussion prior to__ --- Deleted:b adoption of the annual budget. Changes in facility fees shall normally occur as part of the five year Water/Electric Master Plan review omhen the local General Plans are revised. Facility fee increases due to inflation, not resulting from TDPUD Master Plan or local General Plan review, shall be discussed as part of the&q?!rd budget sessionsprpr to --- Deleted:b adoption of the annual budget. Other issues will arise from time to time that are difficult to enumerate in this policy statement. Such-,issues shall be considered as important issues falling under the purview of this policy based ort a review by the General 1V@nager of the ,_ - Deleted:g circumstances involved and the persons who may be impacted by adoption of the Deleted:m proposed action. Additionally, thepoard of Directors may, by action at a board meeting, Deleted:b determine that an issue coming before it is an important issue falling under the purview of Deleted:d this policy. 5.37.030 Method of Public Communication The method of initial communication to the public will vary based on the kind of issue being discussed. 5.37.030.1 With respect to the consideration of changes of the monthly water and electric user charges or changes in the Miscellaneous Fees Schedule,a notice shall be printed on the utility bill going to customers of the District and a display ad notice shall be placed in a newspaper of general circulation in the District. These changes are generally associated with preparation and adoption of the District's annual budget 5.37.030.2 With respect to the consideration of changes in water and electric connection charges or facilities fees(usually associated with adoption of the District's annual budget) or changes in regulations covering new and retrofit residential and commercial construction, a notice shall be sent by mail, fax or e-mail to the District stakeholders. Deleted:g 5.37.030.3 With respect to other important issues so designated by the Generalyanager J;=- Deleted:m or the Board of Directors,the method of initial communication shall be determined on a -- Deleted:b Deleted:d {Title 5 Title 5 Page 28 case by case basis. CHAPTER 5.38 PUBLIC INFORMATION PROGRAM Sections: 5.38.010 General Information 5.38.020 Items Covered by Program 5.38.030 Program Funding 5.38.040 Review and Approval of Program 5.38.050 Status of Program 5.38.010 General Information 5.38.010.1 The Public Information and Conservation Manager is the primary spokesperson for the District regarding public information. 5.38.010.2 The Public Information and Conservation Manager will develop, monitor and review an annual public information program with input from the General Manager and Board. 5.38.020 Items Covered by Program 5.38.020.1 The public information program developed by the Public Information and Conservation Manager will cover such matters as: 5.38.020.1(A)The District's mission, goals, services, activities, achievements,costs and plans. 5.38.020.1(B)Informing the community about major issues involving the water and electric industries which may impact the customers of the District. 5.38.020.1(C)Strategies for dealing effectively with the public's need to be informed about specific and timely issues as they arise. 5.38.030 Program Funding The annual District budget will reflect funding for the public information program. 5.38.040 Review and Approval of Program The annual public information program will {Title 5 Title 5 Page 29 be submitted to the Board for review and approval. 5.38.050 Status of Program The Public Information and Conservation Manager will report to the Board periodically regarding the status of the program. CHAPTER 5.39 PUBLIC BENEFITS PROGRAM Sections: 5.39.010 Development of Annual Public Benefits Program 5.39.020 Criteria for Annual Public Benefits Program 5.39.010 Development of Annual Public Benefits Program It is the policy of the District that a public benefits program be developed each year as part of the annual operating budget and that it be submitted to the Board for review, revision and adoption and be agendized as a separate item for discussion. 5.39.020 Criteria for Annual Public Benefits Pro-gram, The General Manager or his designee shall annually prepare a draft public benefits program meeting the following criteria: 5.39.020.1 Each specific element of the program shall promote one or more of the following benefits: conservation of energy; the use of renewable energy resources; research, development or demonstration of a new electric energy technology;assistance to low-income persons. 5.39.020.2 Additionally, the program shall be designed to benefit the maximum number of persons; give a high priority to energy conservation, assistance to low-income persons 5.39.020.3 The program shall be simple to administer and shall promote direct contact between the District and its customers. CHAPTER 5.40 COMPLAINT PROCEDURE Sections: 5.40.010 Customer Complaint Procedure {Title 5 Title 5 Page 30 5.40.010 Customer Complaint Procedure 5.40.010.1 Complaint forms will be numbered. 5.40.010.2 Complaints will be recorded on two-part forms. 5.40.010.2(A)The first copy will go tolhe appropriate department_head. Deleted: the appropriate department 5.40.010.2(B)The second copy will be maintained by the Customer Services Manager. Deleted:General Manager or the 5.40.010.3 When the necessary work has been completed or the necessary action has been taken in order to satisfy the complaint, the second copy will be removed from the pending file and filed together with the original in a completed file. 5.40.010.4 A spreadsheet will be prepared monthly listing all complaints for the month and will be distributed to the General Manager,all department heads and superintendents for their review. This list will contain the following: 5.40.010.4(A) Outstanding complaints which have yet to be satisfied. 5.40.010.4(B) What action was taken on-those that were satisfied. 5.40.010.4(C) The date the above action was taken. 5.40.010.5 The following items will be treated as service requests requiring immediate attention to be resolved and are not considered to be complaints unless the customer has repeatedly reported the problem with no resolution: 5.40.010.6(A) Water Department-water leaks,water outages, bad water, major changes in water pressure, broken water boies in traffic flow(foot or vehicle). 5.40.010.6(B) Electric Department - outages, downed wires or poles, sparking wires, extremely low voltage, trees across lines. 5.40.010.6(C) Any situation that could be a potential threat to public safety. CHAPTER 5.44 NOTICES Sections: {Title 5 TRIe5 Page31 5.44.010 Notice to Customers 5.44.020 Notice from Customers 5.44.010 Notice to Customers 5.44.010.1 Notice to customers 5.44.010.1(A) Written - Notice to a customer will normally be in writing and will be delivered or mailed to the customer's last known address, or to the address listed on the application. 5.44.010.1(B) Unwritten-I n emergencies,or after appropriate circumstances,the District shall attempt to promptly notify the customers affected,and may make such notification by any means reasonably calculated to reach the customer. 5.44.020 Notice from Customers Notice from a customer to the District may be given ,,- �fetea: personally by the customer or his authorized representative, either orally or in be at the District's operating office or to an agent of the District duly authorized to receive notices or complaints. CHAPTER 5.48 PAYBACKS Sections: 5.48.010 Line Extension Paybacks 5.48.010 Line Extension Pavbacks 5.48.010.1 Any payback„in the amount of$10,000 or less is to be handled routinely by staff upon review and approval by the department head. 5.48.010.2 Payback amounts above$10,000 are to be handled by staff upon review and approval by the department head and the General Manager. CHAPTER 5.53 ANNEXATION OF PROPERTY TO THE DISTRICT Sections: {Title 5 Title 5 Page 32 5.53.010 Water Service 5.53.010 Water Service 5.53.010.1. It is the intent of the District to serve water to all properties within its territory and within its approved Sphere of Influence_ 5.63.010.2. An applicant for water service whose property is not located in the District's official territory will be served by the District only under the following conditions; a. The property must be located within the District's approved Sphere of Influence. b. The property owner must agree to being annexed into the District's territory and pay all costs to process the application through the appropriate Local Agency Formation Commission (LAFCo). a. The District must evaluate and find that there is sufficient capacity within the `-- Formatted:Bullets and Numbering water system to provide service, a. If the District finds that there is not sufficient capacity in the existing water'--- Formatted:Bullets and Numbering system to provide service, the applicant must agree to construct or pay for construction of the necessary facilities as determined by the District to provide service. b. The property owner must follow all rules, procedures and policies of the District in construction of any water facilities to establish water service. 5.53.010.3.Any application for annexation initiated under the terms of this policy shall be approved by the Board of Directors. District-staff shall provide a report to the Board containing the following: a. Identification of the parcel or parcels to be annexed; b. Stating whether said parcel or parcels are within the District's Sphere of Influence; c. Stating whether sufficient capacity exists in the District system to provide service, or demonstrating that the applicant has agreed to pay for construction of the necessary facilities; d. An executed agreement committing the applicant to pay the costs of processing the application through LAFCo. 5.53.010.4. Properties that are outside the District's territory will be served only after receiving approval from the appropriate LAFCo. CHAPTER 5.55 CONSERVATION PROGRAMS {Title 5 Title 5 Page 33 Sections: 5.55.010 Water and Electric Conservation Programs 5.55.010 Water and Electric Conservation Programs_ The District shall create and___---4 Deleted:_ maintain cost-effective conservation programs that may include rebates, direct-install and/or technical assistance. The programs will be reviewed and approved by the General Manager and the Board. {Title 5 Title 5 Page 34 APPENDIX A TITLE 5 CUSTOMER RELATIONS CHAPTERS: 5.01 Deposits 5.04 Credit 5.08 Billing 5.12 Discontinuance and Restoration of Service 5.16 Disputes 5.20 Electric Fees and Charges 5.24 Electric Rates 5.26 Electric and Water Facilities Fees 5.28 Water Fees and Charges 5.32 Water Rates 5.36 Information Available to the Public 5.37 Public Outreach Policy 5.38 Public Information Program 5.39 Public Benefits Program 5.40 Complaint Procedure 5.44 Notices 5.48 Paybacks 5.53 Annexation of Property to District 5.55 Conservation Programs CHAPTER 5.01 DEPOSITS Sections: 5.01.005 Definitions 5.01.010 Residential Customer Deposits 5.01.020 Commercial Deposits 5.01.025 Project Review and Inspection 5.01.027 Project Documentation Deposit (As-built Drawings) 5.01.030 Employee Utility Deposits 5.01.005 Definitions {Title 5 Title 5 Pagel will not be required to pay a deposit. 5.01.010.4 Credit may be established by a customer if he/she has had service in their name for at least 24 months, has paid their bills"promptly" and has not been a"collection problem" within the last 12 months of this period. 5.01.010.5 Former customers of the District may use prior payment history with the District to establish credit provided the lapse in service was not greater than 24 months. 5.01.010.6 Deposits will be retained for a minimum period of 24 months. If the customer has established "good credit" with the District, he/she will be refunded their deposit with interest. The deposit and interest credit will be applied to the customer's account. 5.01.010.7 Interest paid on deposits will be the average rate paid by local banking institutions on regular savings accounts and will be adjusted quarterly. 5.01.010.8 Upon termination of service, any retained deposit and accrued interest will be applied against unpaid bills of the customer a'nd, if any balance remains after such application, said balance shall be refunded to the customer of record. 5.01.020 Commercial Deposits 5.01.020.1 A deposit or suitable guarantee equal to two times the highest monthly bill within the last 12 months will be required of any customer before electric and/or water service is supplied. 5.01.020.2 For anew commercial service or anew business,the customer will be required to pay a deposit equal to an estimated amount based on the load requirements of the service or a comparable commercial business use. 5.01.020.3 Customers moving their business(under the same name and ownership)from one location to another within the District, who have met the credit requirements in 5.01.020.4 below, will not be required to pay a deposit. 5.01.020.4 Commercial credit may be established by a customer if he/she has had the commercial service in their name for at least 24 months, has paid their bills"promptly" and has not been a "collection problem" within the last 12 months of this period. Any new business type, even though opened under an established name,will require a new deposit. 5.01.020.5 Deposits will be retained for a minimum period of 24 months. If the customer has established "good credit"with the District, he/she will be refunded his/her deposit with interest. The deposit and interest credit will be applied to the customer's account. 5.01.020.6 Interest paid on deposits will be the average rate paid by local banking institutions on regular savings accounts and will be adjusted quarterly. {Title 5 Title 5 Page 3 CHAPTER 5.04 CREDIT Sections: 5.04.010 Establishment of Credit 5.04.020 Re-establishment of Credit 5.04.010 Establishment of Credit Each applicant for service will be required to establish appropriate credit by advancing the deposit prescribed in Chapter,5.01. 5.04.020 Re-establishment of Credit 5.04.020.1 An applicant who has at any time had service disconnected for non-payment of bills, made arrangements to amortize the amount due, asked for an extension to pay a past due amount,voluntarily disconnected service with unsatisfactory credit or who has not paid a final bill within 30 days of the final billing date, shall pay any unpaid balances due the District prior to restoration of service and re-establish credit by making the deposit prescribed in Chapter 5.01. 5.04.020.2 A customer whose service has been disconnected for non-payment of bills, shall pay any unpaid balance due the District prior.to restoration of service and may be required to pay a reconnection charge as prescribed in the Miscellaneous Fee Schedule. Such customer shall re-establish credit by malting the deposit prescribed in Chapter 5.01. 5.04.020.3 Payments on final and auto transfer billings must be made within 30 days of the final billing date in order to maintain "good credit"with the District. Failure to pay within 30 days may require a new deposit. 5.04.020.4 If there is a history of disconnects for non-payment and/or unpaid bills resulting in write-off for specific rental properties, the District may require that the service be placed in the name of the property owner and may require a deposit as prescribed in Chapter 5.01. CHAPTER 5.08 BILLING Sections: 5.08.010 Billing Procedure {Title 5 Title 5 Page 5 Certificate of Occupancy issued Sale/transfer to new customer Mailing address change to residence Information from customer/District personnel indicating occupancy Electric usage indicates occupancy 5.08.020 Billing Procedure - Local. State or Federal Agencies Due to the cumbersome procedures that are required of local, state and federal agencies to process their accounts payable and the fact that their bills are paid monthly and the fact that the District has never had a write-off for a local, state or federal agency, the following procedure will be followed: 5.08.020.1 All local, state and federal agencies will be exempt from late charges. 5.08.020.2 Collection notices will be mailed in a timely manner and collection procedures will be followed as usual. 5.08.020.3 Should a local, state or federal agency reach the disconnect for non-payment step in the collection procedure, it will be referred to the Customer Services Manager for special handling. CHAPTER 5.12 DISCONTINUANCE AND RESTORATION OF SERVICE Sections: 5.12.010 Termination for Non-payment—Electric and/or Water Service 5.12.020 Customer's Request for Discontinuance of Service- Electric 5.12.030 Customer's Request for Discontinuance of Service - Water 5.12.040 Discontinuance of Electric or Water Service by District 5.12.050 Restoration of Water Service 5,12.055 Restoration of Electric Service 6.12060 Customer's Responsibility when Electric and/or Water Service is Discontinued 5.12.010 Termination'for Non-payment— Electric and/or Water Service 5.12.010.1 A notice that service is subject to termination for non-payment will be by written notification from the District. This notice will be printed three business days after a bill is generated that shows a previous balance on the account. 5.12.010.2 Written notice of termination (Late Payment Reminder Notice)shall be mailed by first class mail to customer at least 15 calendar days prior to the scheduled date of termination. 5.12.010.3 The Late Payment Reminder Notice will include: {Title 5 Title 5 Page 7 payment, the District will proceed on schedule with the termination. 5.12.010.4(D)(1) Payments made against uncollectible funds (i.e., check returned for insufficient funds, closed account, etc.) to avoid disconnection, will be considered non- payment and the District will proceed according to the procedures set forth above as if no payment had been received as described in section 5.12.010.4(A). Customers who make payments against uncollectible funds to avoid disconnection will be placed on a cash only basis for a period of twelve (12) months. 5.12.010.4(D)(2) Payments made against uncollectible funds in order to have service reconnected, will be considered non-payment and the District will immediately proceed to the 48-hour notice of termination as described in Section 5.12.010.4(A). Customers who make payments against uncollectible funds to reconnect service will be placed on a cash only basis for a period of twelve (12) months. 5.12.010.4(E)(1)The employee carrying out the termination procedure will attempt, before disconnecting service, to contact the customer at the premises in a final effort to collect payment and avoid termination. 5.12.010.4 (E)(2) No payment arrangements will be made in the field. If the customer cannot pay the collector, the service wilt be disconnected until such time as the customer has made acceptable payment arrangements,through the office. 5.12.010.4 (E)(3) Customers who regularly".(more:than.11 times in a 12 month period) wait to make their payment to the collector on the day of termination will be disconnected. The customer will have to go into the office to make payment before their service is reconnected. 5.12.010.4(F)Termination will not be made on any Saturday, Sunday, legal holiday or any time during which the business office of the District is not open. 5.12.010.4(G) In case of tenants whose electric and/or water service is in the landlord's name,the District shall make every good faith effort to inform the occupants by means of a notice, when the account it's,in arrears, that service will be terminated in 10 days. In any such delinquent situation,the District will comply with California Public Utilities Code 16481 in implementing this termination of service procedure. 5.12.010.4(H) Customers who have been disconnected for non-payment, have made arrangements to amortize the amount due or have asked for an extension to pay a past due amount, will be required to re-establish credit by paying the deposit required by Chapter 5.01. 5.12.010.4 (1) A customer who transfers service from one account to another and fails to pay his/her final bill within 30 days of the final billing date on the old account will be subject to the disconnect procedure at his/her new account. {Title 5 Title 5 Page 9 5.12.040.1(C) Where a customer receives electric and/or water service at more than one location and the bill or charges for service at any one location is not paid prior to delinquency, electric and/or water service at all locations may be disconnected. 5.12.040.1(D) Failure to provide documents or payment as requested by a Notice to Comply. Requested items may include, but are not limited to, service applications, lease agreements, home ownership documents, signed payment agreement and payment by cash or money order for a check returned unpaid by the bank. 5.12.040.2 Without Notice A customer's electric or water service may be discontinued by the District without notice where: 5.12.040.2(A) Unsafe/hazardous condition or illegal apparatus - the District may discontinue electric and/or water service without notice or refuse service if any part of customer's wiring, piping or equipment or use thereof is either unsafe or in violation of law, until such apparatus is placed in a safe condition or the violation remedied. Water billings will continue regardless of the reason for disconnect. 5.12.040.2(B) Service detrimental or dangerous - the District may disconnect or discontinue without notice or refuse service if in the District's judgment,the operation of the customer's equipment is or will be detrimental or dangerous to his/her own service or service of other customers. 5.12.040.2(C) Fraud -the District may discontinue service without notice or refuse service, if the customer's actions or the condition of His/her premises is such as to indicate an intent to defraud the District. 5.12.040.2(D) Cross Connection the District finds a dangerous unprotected cross- connection between the District's water supply and any unapproved source of water. 5.12.040.2(E) Failure to comply with the District's rules - the District may disconnect, discontinue or refuse service if the customer does not comply with the District rules, regulations, and/or codes for receiving electric and/or water service. 5.12.040.2(F) Abandoned building or residence - the District may discontinue or refuse service to any building with the appearance of being abandoned (i.e., a look of being deserted, windows broken, doors in disrepair, or the general appearance of not being lived in, etc). Such discontinuance will remain in effect until all conditions are met and fees are paid regarding a new service, and the service is inspected and approved by the proper building authorities. 5.12.040.2(G) Condemned building or residence - the District may discontinue or refuse service to any building that has been condemned by the proper state, county or governmental authorities. Such discontinuance will remain in effect until all conditions are met and fees are paid regarding a new service, and the service is inspected and approved by the proper building authorities. {Title 5 Title 5 Page 11 charges due the District, in addition to reconnection charges as described below. 5.12.055.2 Within five years, same size service: If service of the same amperage and voltage is re-established within five years of the date of discontinuance, the customer shall make normal application for service as per Title 7.12 and pay reconnect fees based on the Miscellaneous Fee Schedule provided the service has not been damaged. If the service has been damaged, the customer will be billed the actual cost to restore service. 5.12.055.3 Within five years, upgrade of service: If service is re-established within five years of the date of discontinuance and the customer requests an upgrade of the service consisting of, but not limited to, amperage size, voltage increase,. multiple phases, the customer shall make normal application for service as per Title 7.12. Customer shall pay reconnect fees based on the Miscellaneous Fee Schedule provided the service has not been damaged. If the service has been damaged, the customer will be'billed the actual cost to restore service. Additional connection fees may apply. Facilities fees'`shall be charged for the excess capacity of the new service when compared to the previous service. 5.12.055.4 After five years: If service is re-established after five years from the date of discontinuance, the customer shall make normal application for service as per Chapter 7.12. Customer shall be responsible for payment of current connection and facilities fees. No credit will be given for the previous service. 5.12.055.5 If conditions require the use of a backhoe or other equipment to effect the disconnect and/or reconnect, the customer shall be required to pay the actual charges, including labor, material, equipment and applicable overheads in lieu of the customary fee set forth in the Miscellaneous Fee Schedule. 5.12.060 Customer's Responsibility when Electric and/or Water Service Discontinued In the event a customer's electric and/or water service is discontinued as a result of voluntary termination, termination for failure to pay bills or any other reasons stated in Sections 5.12.040.1 o» 5.12.040.2; it shall be the customer's responsibility to take necessary precautions against any and all damage to the customer's pipes, fixtures and appliances which could result from such termination. The District shall not be liable for any such damage. CHAPTER 5.16 DISPUTES Sections: 5.16.010 Disputed Bills — Electric or Water 5.16.030 Appeal 5.16.010 Disputed Bills— Electric or Water {Title 5 Title 5 Page 13 charge was wrongfully made. 5.16.030.5 A copy of the above investigation and appeal procedures is described on the back of the customer bill. CHAPTER 5.20 ELECTRIC FEES AND CHARGES Sections: 5.20.010 Connection Fees - Temporary Service 5.20.020 Connection Fees - Permanent Service 5.20.030 Connection Fees- Permanent Service,Multiple(Singh and Three Phase) 5.20.040 Facilities Fees— Moved to Section 5.26 5.20.050 Miscellaneous Service Fees 5.20.060 Expiration of Fees 5.20.010 Connection Fees - Temporary Service The District will provide two types of temporary service; one which will be removed and not become permanent, and one which will become a permanent service. 5.20.010.1 Temporary service The actual cast of temporary service installation (which will not result in a permanent electric service) and subsequent removal will include the material, labor, equipment, overhead, administrative costs and account set-up fees. The charge to be paid is a flat charge and is included in the most recent ordinance approved by the Board of Directors entitled!'Amending Electric Connection Charges". The applicant will be required to pay the fee prior to the provision of service. 5.20.01 G.1 . Temporary service for construction purposes The connection fee for temporary service (which will result in a permanent electric service) is a charge determined by the District to establish service to a temporary power pole for construction purposes which will later Vie;converted to a permanent service. The connection fee for this temporary to permanent connection is a flat charge and is included in the most recent ordinance approved by the Board of Directors entitled "Amending the Electric Connection Charges". This fee includes, but is not limited to, the cost of material, labor, equipment, overhead, meter, transformer, overhead conductor, permanent overhead/underground connection transfer, administrative costs and account set-up fees. 5.20.020 Connection Fees - Permanent Service The connection fee is a charge determined by the District to establish a new service. It includes, but is not limited to, the costs of material, labor, equipment, overhead, administrative costs and account set-up fees to provide the service conductor and cable, metering, a proportionate share of the transformer costs, and the account set-up costs. The charge to be paid is included in the {Title 5 Title 5 Page 15 commercial customers with a monthly demand of less than 50 kilowatts. 5.24.020.2 An energy surcharge shall continue to be added to each bill as required by California law. 5.24.030 Commercial Electric Rate Schedules Medium (20) and Large (25) 5.24.030.1 This policy shall be applicable to commercial service requirements within the District including power and lighting taken at one point of delivery with 50 kilowatts or more of demand. Medium commercial service is that service with morpthly' demand of 50 kilowatts or more and less than 200 kilowatts. Large commercial service is that service with monthly demand of 200 kilowatts or more. 5.24.030.2 Character of service - sixty-hertz alternating current. The District reserves the right to specify the voltage and phase of service supplied under this schedule. 5.24.030.3 Monthly rates shall be as set forth in "Rate Schedules Medium (20) and Large (25)„ 5.24.030.4 Measured demand -the maximum measured 15 minutes average kilowatt load during the billing period. If, at the discretion of the District, the customer's usage is intermittent or highly fluctuating, then a shorter time interval may be used. 5.24.030.5 Billing demand shall be the current pe'riod's measured demand. 5.24.030.6 An energy surcharge shall continue to be added to each bill as required by California law. 5.24.030.7 Terms of service Service under this schedule is subject to the District's rules, regulations and codes for receiving electric service. 5.24.40 Miscellaneous Services Fees and charges for miscellaneous services performed by the District are defined in the most recent Miscellaneous Fee Schedule approved by the Board of Directors. CHAPTER 5.26 ELECTRIC AND WATER FACILITIES FEES Sections: 5.26.010 Facilities Fees 5.26.020 Expiration of Fees 5.25.010 Facilities Fees (Title 5 Title 5 Page 17 proportionate share of the cost of capital expenditures necessary to provide water and electric facilities within the Truckee Donner Public Utility District service area. 5.026.010.4 Rules of Construction 5.26.010.4(A) These provisions shall be liberally construed so as to effectively carry out their purpose in the interest of the public health, safety and welfare. 5.26.010.4(B) For the purposes of administration and enforcement of this code, unless otherwise stated in this code, the following rules of construction shall apply to the text of this code: • In case of any difference of meaning or implication between the text of this code and any caption, illustration, summary table or illustrative table, the text shall control. • The word "shall" is always mandatory and not discretionary; the word "may" is permissive. Words used in the present tense shall include the future; and words used in the singular number shall include the plural and the plural the singular, unless the context clearly indicates the contrary. • The phrase "used for" includes "arranged for, "designed for," "maintained for," or "occupied for. • The word "person" includes an individual, a corporation, a partnership, an incorporated association or any other similar entity, • Unless the context,clearly indicates the contrary, where a regulation involves two(2)or more items, conditions, provisions, or events connected by the conjunction and "or" or "either...or," the conjunction shall be interpreted as follows: • "An 11 d" indicates that all the connected terms, conditions, provisions or events shall apply. • "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any:combination. • "Either...or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination. • The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character. • "General Manager" means the General Manager of the Truckee Donner Public Utility {Title 5 Title 5 Page 19 • Determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed. 5.26.010.6(B) Any person who, after the effective date of this code seeks to connect to the Truckee Donner Public Utility District water system is hereby required to pay a water facilities fee in the manner and amount set forth in this code. 5.26.010.6(C) Any person who, after the effective date of this code seeks to connect to the Truckee Donner Public Utility District electric system is hereby required to pay an electric facilities fee in the manner and amount set forth in this code. 5.26.010.7 Computation of the Amount of Water and Electric Facilities Fees 5.26.010.7(A)When computing a fee pursuant to this code,the. District shall prepare and retain a written memorandum containing the foil wino information: • Identify the purpose of the fee. • Identify the use of the fee. If the use is financing public facilities, the facilities shall be identified. The identification may, but need not, be made by reference to a capital improvement plan, may be made in applicable general or specific plan requirements,or may be made in other public documents that identify the public facilities for which the fee is charged. • Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed. • Determine how there is a reasonable relationship between the need for the public facility.'and the type of development project on which the fee is imposed. • Determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on.whlch the fee is imposed. 5.26.010.7(B) At the option of the applicant, the amount of the water and/or electric facilities fee may be determined by the District's facilities fee schedules in effect at the time of application. 5.26.010.7(C) In the case of change of use, redevelopment or expansion or modification of an existing use which requires a new, replacement, or additional connection to the District's water system, the facilities fee shall be based upon the net increase in the size of the meter for the new connection over the size of the meter for the previous connection. t T i t i e 5 Title 5 Page 21 Trust Funds to specific water and electric facilities improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same Water and Electric Facilities Fee Trust Funds until the next fiscal period except as provided by the refund provisions of this code. 5.26.010.10(E) Funds may be used to provide refunds as described in Section 5.26.010.11. 5.26.010.10(F) Funds may be used to rebate developer costs for providing water and/or electric capital facilities in excess of the capacity required to the individual developer making the provision. Any rebates must be pursuant to a refunding agreement between the developer and Truckee Donner Public Utility District after the effective date of this code. Prior refunding agreements may be re-negotiated in order to bring such agreements into accord with the provisions of this code. 5.26.010.11 Refund or Encumbrance of Fees Paid 5.26.010.11(A)Any funds not expended or encumbered by the end of the calendar quarter immediately following five (5)years from the date the water and/or electric facilities fee was paid shall, upon application of the then current landowner, be returned to such landowner, provided that the landowner submits an application for a refund to the General Manager of the Truckee Donner Public Utility District within one hundred eighty (180) days of the expiration of the five (5) year period. 5.26.010.11(B)The District may,however, encumber funds prior to the end of the calendar quarter immediately following five(5)years from the date the water and/or electric facilities fee was paid. The District may make determinations that, in the interest of proper system expansion, and in order not to replicate facilities, funds may be held in excess of five (5) years. Once said determinations are made, the District shall thereafter review said determinations on an annual basis. 5.26.010.12 Exemptions and Credits 5.26.010.12(A) The following shall be exempted from payment of the facilities fee: • Alterations or expansion of an existing building where no additional or larger water connections are requested and where the use is not changed. • Alterations or expansion of an existing building where no additional or greater capacity electrical panels are requested and where the use is not changed. • The replacement of a building or structure with a new building or structure of the same size and use where no additional or larger water connections are requested and where the use is not changed. • The replacement of a building or structure with a new building or structure of the same {Title 5 Title 5 Page 23 Sections: 5.28.010 Connection, Tapping and Facilities Fees 5.28.020 Miscellaneous Service Fees 5.28.030 Expiration of Fees 5.28.010 Connection. Tapping and Facilities Fees All applicants for water service are subject to three charges when applicable: a connection fee, tapping fee, and a facilities fee, in accordance with the current Water Connection and Facilities Fee ordinances as established by the Board of Directors. 5.28.010.1 Connection Fee The connection fee is a charge made by the District to establish a new service. It includes, but is not limited to, the costs of material, labor, equipment, overhead, administrative costs and account set-up fees. 5.28.010.2 Tapping Fee The tapping fee is a charge made by the District based upon the actual costs including material, labor, equipment overhead and administrative costs to provide an applicant's service lateral pipe and connect it to:the District's water mains. 5.28.010.3 Facilities Fee The facilities fee is a charge made by the District to cover the applicant's pro rata share of the cost of the existing supply facilities and any expansions or additions thereof which are required to serve the applicant. The cost of future source and storage facilities shall be included in the facilities fee. in order to maintain an equitable distribution of benefits received between present and future service connections. 5.28.020 Miscellaneous Service Fees Any customer requesting work for their sole convenience will be charged the actual cost of the service performed, including material, labor, equipment, overhead, administrative casts and any appropriate facilities fees (see Miscellaneous Fees Schedule 5.28.030 Expiration of Fees Water Connection Fees paid will be effective for a period of two years from the date of application. Applicant may be subject to payment of increased fees if the connection has not been made within the specified time period. CHAPTER 5.32 WATER RATES Sections: 5.32.010 Residential Water Rates 5.32.020 Commercial Water Rates {Title 5 Title 5 Page 25 5.36.020 Rate Information - Upon request, the District will inform each applicant for service of the applicable rate schedules. Rate change information will also be advertised in a newspaper of general circulation and will be posted on the District's website. CHAPTER 5.37 PUBLIC OUTREACH POLICY Sections: 5.37.010 Policy Statement 5.37.020 Definition of Important Issues 5.37.030 Method of Public Communication 5.37.010 Policy Statement It is the policy of the District to promote open communication with the customers of the District on issues of importance appearing on the agenda of the Board of Directors. To further this policy, there is hereby established a process by which the District shall initiate contact, informing the community of important issues that are appearing before the Board of Directors This outreach shall occur early enough to permit thorough discussion of the issue prior to the.Br.ard taking formal action. 5.37.020 Definition of Important Issues Important issues are those that involve changes in monthly water and electric user charges,changes in the Miscellaneous Fees Schedule, changes in connection fees, changes in facilities fees, and changes in regulations covering new and retrofit residential and commercial construction. Changes in monthly water and electric user charges, 'changes in the Miscellaneous Fees Schedule or changes in connection fees shall normally occur as part of the Board budget discussion prior to adoption of the annual budget. Changes in facility fees shall normally occur as part of the five year Water/Electric Master Plan review or when the local General Plans are revised. Facility fee` increases due to inflation, not resulting from TDPUD Master Plan or local General Plan review, shall be discussed as part of the Board budget sessions prior to adoption of the annual budget. Other issues will arise from time to time that are difficult to enumerate in this policy statement. Such issues shall be considered as important issues falling under the purview of this policy based on a review by the General Manager of the circumstances involved and the persons who may be impacted by adoption of the proposed action. Additionally, the Board of Directors may, by action at a board meeting, determine that an issue coming before it is an important issue falling under the purview of this policy. 5.37.030 Method of Public Communication The method of initial communication to the public will vary based on the kind of issue being discussed. {Title 5 Title 5 Page 27 5.38.020.1(B) Informing the community about major issues involving the water and electric industries which may impact the customers of the District. 5.38.020.1(C)Strategies for dealing effectively with the public's need to be informed about specific and timely issues as they arise. 5.38.030 Program Funding The annual District budget will reflect funding for the public information program. 5.38.040 Review and Approval of Program The annual public information program will be submitted to the Board for review and approval. 5.38.050 Status of Program The Public Information and.Conservation Manager will report to the Board periodically regarding the status of the program. CHAPTER 5.39 PUBLIC BENEFITS PROGRAM Sections: 5.39.010 Development of Annual Public Benefits Program 5.39.020 Criteria for Annual Public Benefits Program 5.39.010 Development of Annual..Public Benefits Program It is the policy of the District that a public benefits program be developed each year as part of the annual operating budget and that it be submitted to the Board for review, revision and adoption and be agendized as a separate item for discussion. 5.39.020 Criteria for Annual Public Benefits Program The General Manager or his designee shall annually prepare a draft public benefits program meeting the following criteria: 5.39.020.1 Each specific element of the program shall promote one or more of the following benefits: conservation of energy; the use of renewable energy resources; research, development or demonstration of a new electric energy technology; assistance to low-income persons. 5.39.020.2 Additionally, the program shall be designed to benefit the maximum number of persons; give a high priority to energy conservation, assistance to low-income persons {Title 5 Title 5 Page 29 5.40.010.6(C) Any situation that could be a potential threat to public safety. CHAPTER 5.44 NOTICES Sections: 5.44.010 Notice to Customers 5.44.020 Notice from Customers 5.44.010 Notice to Customers 5.44.010.1 Notice to customers 5.44.010.1(A) Written - Notice to a customer will normally be in writing and will be delivered or mailed to the customer's last known address, or to the address listed on the application. 5.44.010.1(B) Unwritten - In emergencies', drafter appropriate'circumstances,the District shall attempt to promptly notify the customers afifeeted,,and may make such notification by any means reasonably calculated to reach.the customer. 5.44.020 Notice from Customers Notice from a customer to the District may be given personally by the customer or his authorized relresentative, either orally or in writing at the District's operating office or to an:agent of the District duly authorized to receive notices or complaints. CHAPTER 5.48 PAYBACKS Sections: 5.48.010 Lune Extension Paybacks 5.48.010 Line Extension Pavbacks 5.48.010.1 Any payback in the amount of $10,000 or less is to be handled routinely by staff upon review and approval by the department head. 5.48.010.2 Payback amounts above $10,000 are to be handled by staff upon review and approval by the department head and the General Manager. {Title 5 Title 5 Page 31 receiving approval from the appropriate LAFCo. CHAPTER 5.55 CONSERVATION PROGRAMS Sections: 5.55.010 Water and Electric Conservation Programs 5.55.010 Water and Electric Conservation Programs The District shall create and maintain cost-effective conservation programs that may include rebates, direct-install and/or technical assistance. The programs will be reviewed and approved by the General Manager and the Board. {Title 5 Title 5 Page 33