HomeMy WebLinkAbout2010-05-10 Agenda Packet - Board Attachment 2
Redline of District Code Titles
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Title 1 , General Provisions
TITLE 1
GENERAL PROVISIONS
CHAPTERS:
1.01 Introduction
1.05 Mission Statement
CHAPTER 1.01
INTRODUCTION
These policies and regulations are intended to provide a comprehensive description of the manner
in which the District operates and serves its customers and shall be followed and adhered to by all
District staff and persons and entities doing business with the District.
As in any set of policies and regulations, not all circumstances can be envisioned. The Board of
Directors of the District shall apply and interpret these policies and
regulations fairly and consistently,taking into consideration any unique or unusual circumstances on
a case by case basis.
CHAPTER 1.05
MISSION STATEMENT
Sections:
1.05.010 Mission Statement
1.05.020 Objectives
1.05.030 Goals
1.05.010 Mission Statement: The Mission of Truckee Donner Public Utility District is to provide
reliable, high quality water and electrical power services while meeting customer demand, and to
manage District resources in a safe, open, responsible, environmentally sound manner at the
lowest practical cost.
1.05.020 Objectives:
1. Responsibly serve the public.
2. Provide a healthy and safe work environment for all District employees.
3. Provide reliable and high quality water supply and distribution system to meet current and
future needs.
4. Provide reliable and high quality electric supply and distribution system to meet current and
future needs.
5. Manage the District in an environmentally sound manner.
6. Manage the District in an effective, efficient and fiscally responsible manner.
Title 1 Page 1
4.4. Maintain and implement an Electric System Master Plan, including the required facilities to
meet the current and future demand and reliable supply.
4.5. Provide effective and efficient maintenance and replacement programs.
4.6. Provide an effective, efficient, and safe operations program.
5. Manage the District in an environmentally sound manner.
5.1. Seek power supply from a resource mix that satisfies its Renewable Portfolio Standard.
5.2. Develop and implement a program of water and electric power use efficiency and
conservation.
5.3. Support a program of distributed generation within the District's service area.
5.4. Conduct District business in an environmentally lawful manner.
5.5. Minimize negative impact of District operations on the environment.
5.6. Provide key leadership in the stewardship of the District's aquifer, watershed, and natural
infrastructure.
6. Manage the District in an effective, efficient and fiscally responsible manner.
6.1. Utilize modern, cost effective work methods and equipment.
6.2. Employ a qualified and productive workforce.
6.3. Provide safe work conditions and procedures that encourage employee growth,productivity
and retention.
6.4. Control the growth of the District's discretional-operational spending to a rate less than the
rate of inflation.
6.5. Review and update the Financial Goals policy to achieve a stable financial condition to
include planning, revenue, debt and reserve goals.
6.6. Develop appropriate financial procedures to assure responsible financial management.
(MO 0677,7/19/06,MO0718,3/7/07,Res.2008-02 3-5-08,Res 2009-29)
Title 1 Page 3
1.05.030 Goals:
1. Responsibly serve the public.
1.1. Conduct the District's business in a legal, ethical, open, and transparent manner.
1.2. Implement a proactive public outreach program.
1.3. Promote communication and cooperation with other public and private agencies.
1.4. Develop and implement high standards of customer service.
1.5. Develop and implement high operational standards, procedures and Codes of Conduct.
2. Provide a healthy and safe work environment for all District employees.
2.1. Reduce the OSHA reportable injury frequency and severity rates relative to previous
reporting year.
2.2. Comply with all State and Federal regulations regarding worker safety.
2.3. Maintain the District's wellness program.
2.4. Reduce employee injuries by maintaining an active and effective safety program.
3. Provide reliable and high quality water supply and distribution system to meet current and future
needs.
3.1. Maintain and implement a current Urban Water Management Plan which includes current
and future projections of water quality, demand, and supply.
3.2. Maintain and implement a current Water Master Plan, including the required facilities to
meet current and future demand and supply.
3.3. Secure the necessary water rights and other legally required documentation.
3.4. Conduct effective and efficient operations, maintenance, and replacement programs.
4. Provide reliable and high quality electric supply and distribution system to meet current and
future needs.
4.1. Develop and implement Risk Management Policy that considers quality and quantity of all
energy supply and transmission contracts and facilities.
4.2. Maintain and implement a long-term energy and load forecast consistent with Risk
Management Policy.
4.3. Procure and contract for low cost electric power supplies to reliably meet current and future
loads, consistent with the Renewable Portfolio Standards and Risk Management Policy.
Title 1 Page 2
Title 2, Administration
2/18/09
TITLE 2
ADMINISTRATION
CHAPTERS:
2.01 Bylaws
2.02 Board of Directors and Officers
2.03 Ordinances
2.04 Board Meetings
2.08 Board Meeting Minutes
2.10 Public Hearings
2.12 Committees
2.16 Annual Budget
2.20 Board Vacancies
2.24 Parliamentary Procedure
2.28 Amendment of Bylaws
2.30 Notices
2.32 Relationships Among Officials
2.36 Payment of Expenses
2.40 Delegations from the Board of Directors to the General
Manager
2.44 Conditions of Employment for the General Manager
2.48 Performance Evaluation and Salary Adjustment for General
Manager
2.50 Retention and/or Destruction of Records
2.52 Conflict of Interest
2.56 Code of Conduct
2.58 Board Travel and Expense Policy
CHAPTER 2.01
BYLAWS
Sections:
2.01.10 Bylaws
2.01.010 Bylaws - Sections 2.02 through 2.28 below comprise the District's Bylaws.
1 Title 2, Administration
2.02.020.5 The Assistant Treasurer shall be appointed by the Board by name and shall have
such duties as assigned by the Board pursuant to Resolution 2008-21.
2.02.020.6 The Accountant shall be appointed by the Board by name and shall have such
duties as assigned by the Board pursuant to Resolution 2008-23.
2.02.020.7 The District Counsel shall be the Parliamentarian of the District, shall advise it
with respect to the applicable laws, interpret rules, bylaws and policies, coordinate actions
with the other consultants, and shall perform such other acts as requested by the Board of
Directors.
2.02.020.8 The officers of the District shall be elected at the first meeting in December of
each year for a one year term. It shall be the policy of the Board to attempt to give each
Director the opportunity to serve as President and Vice President for one year during their
four-year term. Notwithstanding the foregoing, an incumbent President or Vice President
may be re-elected to that office. The officers serve at the pleasure of the Board and may be
removed from office prior to the expiration of their one-year term.
CHAPTER 2.03
ORDINANCES
Sections:
2.03.010 Publication of Ordinances
2.03.010 Publication of Ordinances - All ordinances of the Board will be placed for
publication once in the public notice section of a local newspaper of general circulation
within 30 days after adoption.
CHAPTER 2.04
BOARD MEETINGS
Sections:
2.04.010 Place of Meeting
2.04.020 Time of Meeting
2.04.030 Adjourned Meetings
2.04.040 Special Meetings
2.04.050 Written Notice of all Meetings
2.04.055 Availability of Agenda Packet
2.04.060 Agenda, discussion and debate - Regular and
Special Meetings
2.04.070 Order of Business
3 Title 2, Administration
all special meetings shall be made at least 24 hours in advance of said meeting. Any
Director may, at his discretion, file a signed waiver of such notice with the District.
2.04.050.2 Written notice of all meetings (agenda) shall be delivered or mailed as far in
advance as possible, but, in any event, to be received 72 hours prior to the meeting, to all
newspapers, radio stations, individuals and entities which have filed a request of such notice
with the District and to all parties with business pending on that particular agenda of the
meeting.
2.04.050.3 Written notice of all meetings (agenda) shall be posted at the District office,
Town hall, the Truckee Branch of the Nevada County Library,-and such other locations as
may from time to time be determined by the Board of Directors.
2.04.055 Availability of agenda packet - On all Board or committee meeting agendas a
statement will be made advising that the complete packet of related material is available for
public review at the District office and on;the District's website_
the Nevada Gounty Librapj�-_
2.04.060 Agenda, discussion; and debate - Regular and Special Meetings - The
Clerk/Ex-officio Secretary of the District shall cause a Notice of Meeting (agenda) to be
prepared which will state the matter to be heard in a manner that is easy to comprehend.
2.04.060.1 The Clerk/Ex-officio Secretary of the District and the President of the Board shall
be jointly responsible for compiling the agenda for all regular meetings. In the case of
special meetings, the Clerk/Ex-officio Secretary and those parties calling such meetings
shall be responsible for the preparation of the agenda.
2.04.060.2 Each Director will have the right to request items to be placed on the agenda for
any specific meeting, either: 1)Verbally requesting it if this request is supported by at least
one additional Board member during a Board meeting, or 2) verbally or in writing to the
President with the President's support. Such requests must be made in a timely manner
and shall comply with the deadlines established for the preparation of the Notice of Meeting
(agenda).
2.04.060.3 No item will be placed on the agenda until the following conditions have been
met. Items on an agenda not meeting the conditions will be either struck from the agenda or
will be tabled to the next meeting without discussion.
2.04.060.3(A) Information regarding the topic must be in the hands of the Board members
prior to the Monday evening before the regular meeting and not less than three days prior to
any special meeting with some exceptions in the case of an emergency meeting.
2.04.060.3(B) The item as it appears on the agenda will have adequate staff and consultant
preparation prior to the presentation to the Board for discussion and review. Without this,
such items will be referred to staff by the Chair.
2.04.060.3(C) The consultants and staff and Board will be kept informed by memo and
regular correspondence of all major projects and proposals well in advance of it being
placed on the agenda for Board review.
5 Title 2, Administration
2.08.010 Board Meeting Minutes
2.08.010.1 The District'sTDPUD Board meeting minutes shall be action only minutes listing
the title of the topic, a brief description of the topic, action taken or direction given, and any
appropriate roll call votes. Resolutions and ordinances shall be attached as part of the
action minutes. These minutes shall be a permanent record of the District.
2.08.010.2 All Board meeting minutes will be officially recorded on electronic medium. The
original recordings shall be preserved perpetually by the District Clerk or his/her designee.
2.08.010.3 Within 48 hours of a meeting, a copy of the action minutes shall be prepared in
draft form.
2.08.010.4 Appropriate recording and play-back equipment shall be provided by the District.
-The equipment, recordings and copies of the action minutes shall be kept in library format.
The equipment, duplicate recordings and copies of the action minutes shall be made
available to the general public for review and inspection upon appointment during regular
business hours of the District.
2.08.010.5 Copies of the action minutes and of the Board meeting recordings shall be made
available to any interested party upon their request and payment of the duplication costs
pursuant to the Miscellaneous Fee Schedule.
CHAPTER 2.10
PUBLIC HEARINGS
Sections:
2.10.010 Notices of Public Hearings
2.10.010 Notices of Public Hearings - All public hearings will be advertised by the
Secretary in a local newspaper of general circulation in small display ad form.
CHAPTER 2.12
COMMITTEES
Sections:
2.12.010 Committees
2.12.010 Committees-Standing and select committees for the performance of such duties
as may appear necessary and proper shall from time to time be appointed by the President.
7 Title 2, Administration
CHAPTER 2.28
AMENDMENT OF BYLAWS
Sections:
2.28.010 Amendment of Bylaws
2.28.010 Amendment of Bylaws - Any proposed amendment to the Bylaws must be
submitted in writing to the Clerk/Ex-officio Secretary of the District. The Clerk shall cause a
copy to be distributed to each Director and shall cause the same to be placed on the agenda
for the next regular meeting of the Board of Directors. In order to become effective, the
amendment, or any modification thereof, shall require a vote of the majority of the Board.
CHAPTER 2.30
NOTICES
Sections:
2.30.010 Planning Department Notices
2.30.010 Planning Department Notices- Planning Department Notices will be handled by
the General Manager and the District Engineer. Notices of importance will be brought to the
Board's attention by the Engineer during his report at the Board meeting.
CHAPTER 2.32
RELATIONSHIPS AMONG OFFICIALS
Sections:
2.32.010 Financial Relationships Among Officials
2.32.020 Director/Manager Relationship
2.32.010 Financial Relationships Among Officials
2.32.010.1 District officials, including but not limited to engineering, financial and/or legal
consultants shall not enter into agreements with, or otherwise represent, individual Board
members or other third parties where such an arrangement may potentially conflict with the
9 Title 2, Administration
understanding and complete cooperation between the Board of Directors and the General
Manager. The General Manager is expected to produce results and give an account to the
Board for his stewardship. His performance cannot be of the best unless he is given latitude
to exercise independent judgment in executing policies of the Board of Directors. The Board
acknowledges that obligation and gives the General Manager that latitude of judgment and
discretion, and expects faithful performance in carrying out all of the policies of the Board of
Directors.
2.32.020.8 The Board of Directors recognizes its responsibility for the employment of the
General Manager and further, the additional responsibility for a systematic appraisal of the
General Manager's performance in order that growth, development and effective
improvements are encouraged.
2.32.020.9 The President of the Board of Directors shall be responsible for inviting the
attention of the Board members to non-adherence to this policy.
2.32.020.10 Combined with section 2.48
CHAPTER 2.36
PAYMENT OF EXPENSES — See Chapter 2.58
2.36.010 Payment ref Expenses _ Dlirer tGrs and General Managef
2.36.0 10 Payment r.f Expenses - in FdeF to manage the D86triGt i is neGes►ary that the
GGnduGting D16tFiGt business, shall be guided by the folio " .1.1 1 . lGiples-
meetings shall be obtained iR advaRGe.
approved Dice business expeRses.
11 Title 2, Administration
2.40.010.1 Plan
2.40.010.1(A) Direct and participate in the development and implementation of goals,
objectives, management policies.
2.40.010.1(B) Advise the Board on matters of administrative practices, recommend
legislation and policies required in the public interest.
2.40.010.1(C) Formulate with his staff long and short term plans for recommendation to the
Board of Directors.
2.40.010.2 Organize
2.40.010.2(A) Review the District's activities and recommend to the Board the best type of
organizational structure.
2.40.010.2(B) Review all District operations to establish work standards and improve
methods.
2.40.010.3 Staff
2.40.010.3(A) Determine, with advice from staff, the need to change positions, provided
they are within the limitations of the budget.
2.40.010.3(B) Determine qualifications and standards for use in recruiting, hiring, promoting
and assigning the District's personnel.
2.40.010.3(C) Select, appoint, promote, reassign or release District employees.
2.40.010.3(D) Formulate an effective method of instilling and motivating a team effort by all
employees.
2.40.010.3(E) Develop a procedure whereby employees may advance within the District if
they are capable and desire to do so.
2.40.010.3(F) Implement, maintain and enforce the District's personnel policies as
prescribed by the Board.
2.40.010.3(G) Act as the Board's agent in meeting and conferring with employees and
employee organizations.
2.40.010.3(H) Implement job training and safety programs to the benefit of the District.
2.40.010.3(1) Establish performance appraisal programs for all District personnel.
2.40.010.3(J) Maintain up-to-date chart of all District positions and their respective class
specifications.
13 Title 2, Administration
the Board to review the overall performance of the District.
2.40.010.6(C) Keep the Board informed of customer complaints.
2.40.010.6(D) Inform the Board of significant problems that arise so that the Board can
provide necessary direction to staff.
2.40.010.6(E) Items will be reported to the Board by the Manager as appropriate under
Manager's Report during regular Board meetings.
2.40.010.7 Public and customer relations
2.40.010.7(A) Represent the Board in the community and at professional meetings as
required and as directed by the Board.
2.40.010.7(B) Investigate and authorize membership in service clubs and associations which
would be beneficial to the District, and authorize the payment of dues for such memberships
by the District management staff.
2.40.010.7(C) Develop a program for maintaining favorable relations with District customers.
2.40.010.8 Manager to delegate - In performing the responsibilities set forth herein, the
Manager is expected to develop a highly competent and motivated staff and should delegate
authority and responsibility to the staff to insure the proper functioning of the District.
CHAPTER 2.44
CONDITIONS OF EMPLOYMENT
Sections:
2.44.010 Conditions of Employment for the General
Manager
2.44.010 Conditions of Employment for the General Manager- Prior to employment by
the District, the prospective. General Manager shall be required to satisfy the Board of
Directors that his general physical condition is such that he will be able to function property
in the position.
CHAPTER 2.48
PERFORMANCE EVALUATIONS AND SALARY ADJUSTMENTS
Sections:
2.48.010 Performance Evaluations and Salary
Adjustments for the General Manager
15 Title 2, Administration
disk, or any other medium is one which accurately reproduces the original
thereof in all details and which does not permit additions, deletions, or
changes to the original document images.
(c) The photographs, microphotographs, or other reproductions on film, optical
disk or any other medium are placed in conveniently accessible files and
provision is made for preserving, examining, and using the files.
Every reproduction complying with the above process shall be deemed to be an original
record and a transcript, exemplification, or certified copy of any reproduction shall be
deemed to be a transcript, exemplification, or certified copy, as the case may be, of the
original.
2.50.040 Duplicate records less than five years old; destruction - Notwithstanding the
provisions of Section 2.50.010, the District Clerk may prescribe a procedure
underMwhich duplicates of District records less than five years old may be destroyed if they
are no longer required.
2.50.050 Authority of Treasurer - Under such conditions as the Treasurer fixes, he/she,or
other duly authorized agents, may destroy or cremate any or all bonds and any or all
coupons pertaining thereto which have been previously paid or canceled.
(Based on Government Code Sections 34090, 34090.7, 53921 and 60203)
CHAPTER 2.52 (2/18/09, Res 2009-09)
CONFLICT OF INTEREST
Sections:
2.52.005 Financial Interests of Employees
2.52.010 District's Conflict of Interest Code
2.52.015 Officials Who Manage Public Investments
2.52.020 Disclosure Categories and Designated Positions
2.52.005 Financial Interests of Employees- It is the policy of the Board that no employee
of the District shall have any financial interest in any activity outside the Try Gkee DenneF
Publ!G Utility District which does business for profit with the
District.
2.52.010 District's Conflict of Interest Code-The Political Reform Act(Government Code
Section 81000, et seq.) requires state and local government agencies to adopt and
promulgate conflict-of-interest codes. The Fair Political Practices Commission has adopted
a regulation (2 Cal. Code of Regs. 18730)that contains the terms of a standard conflict-of-
interest code, which can be incorporated by reference in an agency's code. After public
notice and hearing, the standard code may be amended by the Fair Political Practices
Commission to conform to amendments in the Political Reform Act. Therefore, the terms of
2 California Code of Regulations Section 18730 and any amendments to it duly adopted by
17 Title 2, Administration
Electric Superintendent
Electric System Engineer
Water Engineer
Water Superintendent
Water System Engineer
*Consultants shall be included in the list of designated employees and shall disclose
pursuant to the Disclosure Requirements in the Code, subject to the following limitations.
The General Manager may determine, in writing that a particular consultant, although a
"designated position," is hired to perform a range of duties that is limited in scope and thus is
not required to fully comply with the disclosure requirements described in this section. Such
written determination shall include a description of the consultant's duties, and based upon
that description, a statement of the extent of disclosure requirements. The General
Manager's determination is a public record and shall be retained for public inspection in the
same manner and location as the conflict-of-interest code.
B. Disclosure Category I
Individuals holding designated positions in Disclosure Category I must report their interests
in real property located within the jurisdiction or within two miles of the boundaries of the
jurisdiction or within two miles of any land owned or used by the agency; and investments
and business positions in business entities, and income, including loans, gifts, and travel
payment, from all sources.
C. Disclosure Category II
Individuals holding designated positions in Disclosure Category II must report their interests
in real property located within the jurisdiction or within two miles of the boundaries of the
jurisdiction or within two miles of any land owned or used by the agency; investments and
business positions in business entities, and income, including loans, gifts, and travel
payment, from sources, that:
a. provide supplies, materials, machinery, equipment, or vehicles of the type utilized
by the District, including, but not limited to: motor and specialty vehicles and parts,
petroleum products, construction and building materials(e.g.transformers, poles,
wire, cable, pipes), and solar and renewable energy products;
b. are contractors providing services utilized by the District, including, but limited to:
educational and medical services, information technology, insurance, engineering,
energy pricing, legal, and billing and collection;
c. are persons with a permit pending before the District;
d. are utility companies or sources that supply power to the agency, including solar
and renewable power;
e. engage in the business of brokering, acquiring, leasing, marketing, disposing, or
owning real property; or
f. provide engineering, energy,or environmental assessment reports including those
relating to pricing and demand.
g. provide consulting services, including, but not limited to: legal, financial, public
relations, labor relations, and energy.
D. Disclosure Category III
Individuals holding designated positions in Disclosure Category III must report their
investments and business positions in business entities, and income, including loans, gifts,
and travel payments, from sources, that provide services, supplies, materials, machinery,
19 Title 2, Administration
2.56.020.5 Directors shall become familiar with Rules of Procedure and this Board Code of
Conduct.;
2.56.020.6 Directors shall be responsible for the highest standards of respect, civility and
honesty.
2.56.030 Directors Conduct with One Another
The Board of Directors is composed of individuals with a wide variety of opinions and all
have freely chosen to serve in public office. It should be recognized that disagreements will
develop and need to be accommodated in a courteous manner.
In public meetings the Directors shall:
2.56.030.1 Practice civility and decorum in discussions and debate;
2.56.030.2 Honor the role of the Board President in maintaining order and equity. Respect
the Board President's efforts to focus discussion on current agenda items. Objections to the
President's actions should be voiced politely and with reason;
2.56.030.3 It shall be the duty and responsibility of the Board President to ensure that the
rules of operation and decorum contained in the Board Code of Conduct are observed;
2.56.030.4 The Board President shall maintain control of communication between Directors
and between the Directors and staff and public;
2.56.030.5 Directors should request and be recognized by the Board President before
speaking. When one Director has the floor and is speaking other Directors shall not
interrupt or otherwise disturb the speaker;
2.56.030.6 Be respectful of other people's time. Stay focused and act efficiently during
public meetings. The work at hand is important and decisions must me made;
2.56.030.7 Staff members assist the General Manager in presenting information to the
Board of Directors and shall be a resource to the Directors to answer questions arising
during discussion. These discussions shall remain focused on the agenda topic in
accordance with the Brown Act;
2.56.030.8 District General Counsel shall act as Parliamentarian to assist the Board
President in matters regarding procedure, enforcement of this Board Code of Conduct and
compliance with the Brown Act so that the Board actions remain orderly and proper;
2.56.030.9 The Board President may limit the time any Director or other speaker has to
address the Board so that the business of the Board appearing on the agenda can be dealt
with efficiently.
2.56.040 Rules Regarding Public Input
21 Title 2, Administration
• Motion to call the question
7. Action
2.56.070 Ethics Training
As required by California AB 1234, beginning in January, 2006 each director will attend
ethics training. Thereafter, recertification of having attended ethics training is required every
two years.
Resolution 2008-30 (Oct. 1, 2008)
CHAPTER 2.58
BOARD TRAVEL AND EXPENSE POLICY
Sections:
2.58.010 Objective
2.58.020 Policy Content
2.58.030 Allowable Expenses
2.58.040 Authorization for Travel or Training
2.58.050 Cost Control
2.58.060 Lodging
2.58.070 Meals
2.58.080 Telephone/Fax/Cellular
2.58.090 Internet
2.58.100 Airport Parking
2.58.110 Cash Advance Policy
2.58-120 Credit Card Use Policy
2.58.130 Submitting Travel Expense Reports
2.58.140 Reports to the Governing Board
2.58.150 Compliance with Laws
2.58.160 Violation of This Policy
2.58.010 Objective
To establish a policy governing the reimbursement to members of the Board of Directors
("Directors") for expenses incurred while involved in official TFUGkee DORR
District (^� —business or while attending authorized meetings or training.
2.58.020 Policy Content
1. It is District policy to use public funds for travel and training only when there is a
substantial benefit to the District.
2. This policy provides guidance to elected and appointed officials on the use and
expenditure of District resources, as well as the standards directing those
expenditures.
23 Title 2, Administration
6. Non-mileage personal automobile expenses, including repairs, traffic citations,
insurance or gasoline; and
7. Personal losses incurred while on District business.
2.58.040 Authorization for Travel or Training
Any expenses that do not fall within this Policy or the Internal Revenue Service
("IRS") rates must be approved by the District's governing body in a public meeting before
the expenditures were incurred; otherwise, the expenses are not reimbursable.
Board members shall request authorization to attend meetings or training during the
"Director Update" section of a regular Board of Directors meeting. If there is no Board
opposition, the request will be considered authorized by this policy. The Board President or
any Director can request the travel and/or training request be placed on the agenda of the
next regularly scheduled Board meeting for action.
2.58.050 Cost Control
To conserve District resources and keep expenses within community standards for public
officials, Director expenditures shall strictly adhere to the following guidelines. The District
shall only pay or reimburse those expenses that meet these guidelines. Any expenses
incurred in excess of these guidelines are the Director's personal responsibility.
Except as otherwise specified in this Policy, the District shall use the current IRS rates
established in Publication 463 (and any future amendments) as its reasonable
reimbursement rates.
A. Transportation
The most economical mode and class of transportation reasonably consistent with
scheduling needs shall be utilized, using the most direct and time-efficient route available.
Pursuant to AB 1234, Directors shall use government and group rates for all transportation
when available.
a. Airfare
Air travel shall be by coach or standard class. The most cost-effective route shall be
used.
Alternate routes or additional stops for the Director's personal benefit shall be at the
Director's expense, prorated to the most cost-effective, direct route to the District-related
destination.
25 Title 2, Administration
2.58.070 Meals
Directors must use good judgment as to the reasonableness of meal expenses. Reasonable
meal costs shall be based upon the per diem rate tables listed in IRS Publication 1542.
Directors shall use reasonable efforts to avoid particular areas of high-cost meals and travel.
Meal gratuities should not exceed acceptable and customary practices. Directors are
encouraged to take advantage of meals included in the price of a seminar, conference,
and/or their hotel room. Meal reimbursements require valid, itemized receipts.
2.58.080 Telephone/Fax/Cellular
Directors shall be reimbursed for reasonable telephone, cellular, and fax expenses when
traveling for District business. When on overnight travel, one telephone call per day to the
Directors family may be submitted for reimbursement. Telephone bills submitted for
reimbursement shall identify all calls made for District business. For cellular calls based on a
Director's specified minute plan, the Director shall identify the percentage of calls made for
District business for reimbursement. The District shall not reimburse cellular charges for
multimedia or text messaging services, unless permissible under Section 2.58.0909, below.
2.58.090 Internet
Directors shall be reimbursed for Internet access and/or usage fees while out of town if
Internet access is reasonably necessary for District-related business. Internet-related
expenses shall not exceed fifteen dollar($15) per day.
2.58.100 Airport Parking
Long-term parking shall be used for travel exceeding 24 hours. Directors shall use good
judgment in selecting the most cost-effective parking accommodations available.
2.58.110 Cash Advance Policy
From time to time, it may be necessary for a Director to request a reasonable cash advance
for anticipated expenses while conducting District business.All cash advance requests shall
be submitted to the District's General Manager five (5) business days prior to the need for
the cash advance. The written requests shall include the:
1. Purpose of the expenditure(s);
2. Benefits of the expenditure(s) to the District;
3. Estimated amount of the expenditure(s) (e.g., lodging, meal, and transportation
expenses); and
4. Dates of the expenditure(s).
27 Title 2, Administration
Except for cash advances, which must be submitted in accordance with Section 2.58.11044
above, Directors shall submit their expense reports within thirty (30) days of incurring an
expense.
Expense reports shall include valid, itemized receipts for each documented expense. All
credit card expense reports shall include the proprietary itemized receipt and the credit card
receipt. Inability to provide this required documentation may preclude reimbursement and
the Director will be personally responsible for the expenses.
The District's General Manager shall verify that the submitted expense report complies with
this Policy and approve the expense report for payment or reimbursement.
2.58.140 Reports to the Governing Board
Directors shall provide brief reports on meetings, seminars, conferences, and other events
that they have attended at the District's expense during the next regular Board meeting. If
multiple Directors attended the same event, then a joint report may be provided to the
Board.
2.58.150 Compliance with Laws
Directors shall keep in mind that some expenditures may be subject to additional reporting
requirements under the Political Reform Act and other applicable laws. All District
expenditures are public records subject to disclosure under the California Public Records
Act.
2.58.160 Violation of This Policy
Use of public resources or falsifying expense reports in violation of this Policy may result in
the following penalties,without limitation: 1)loss of reimbursement privileges; 2)a restitution
to the District; 3) additional state and federal income tax liability for the Director; 4) civil
penalties for misuse of public resources (up to $1,000 per day plus three times the value of
the unlawful use; and 5) prosecution for misuse of public resources(2, 3, or 4 years in state
prison and disqualification from holding public office in California).
Resol 2009-03 (1/7/09)
29 Title 2, Administration
Any unused advance shall be returned to the District within five (5) business days
after either the expenditure date or the Director returns from out-of-town. The Director shall
also provide valid itemized receipts and a detailed expense report explaining how the cash
advance was used in compliance with this Policy.
If the District's General Manager is uncertain as to whether a request complies with this
Policy, then the requesting Director shall seek approval from the District's Board at the next
regularly scheduled Board meeting.
2.58.120 Credit Card Use Policy
District credit cards have been issued to each Director and shall only be used for authorized
District-related expenses. Absolutely no personal charges may be placed on the District's
credit card at any time.
The Director shall provide valid receipts within thirty (30) business days of the credit card
use.All submitted credit card expenses shall include the proprietary itemized receipt and the
credit card receipt. The Director shall also include a detailed expense report stating the:
1. Dates of the expenditure(s);
2. Purpose of the expenditure(s);
3. Benefits of the expenditure(s) to the District; and
4. Any additional information.
2.58.130 Submitting Travel Expense Reports
All cash advance expenditures, credit card expenses and other expense reimbursement
requests shall be submitted on the District provided expense report form. This form shall
include the following advisory:
All expenses reported on this form shall comply with the District's policies
relating to expenses and use of public resources. The information submitted
on this form is a public record. Penalties for misusing public resources and
violating the District's policies include loss of reimbursement privileges,
restitution to the District, civil and criminal penalties as well as additional
income tax liability.
It is the Director's responsibility to provide a complete, detailed and factual accounting of
expenses on every expense report. Expense reports shall also indicate that the documented
expenses comply with this Policy.
28 Title 2, Administration
b. Automobile
Rental vehicle expense may be reimbursed when a Director, or other District official, is
attending an out-of-town conference, and it is determined that a rental vehicle is the most
economical transportation available. In making this determination, the rental costs,
parking and gasoline expenses shall be compared to the combined costs of other
available transportation.
Automobile mileage for personally owned automobiles shall be reimbursed at the IRS
rate currently in effect (see www.irs.gov). The rates are designed to compensate the
driver for gasoline, insurance, maintenance and other expenses associated with
operating the vehicle. Reasonable parking and toll expenses shall also be reimbursed,
but not fines and penalties for the violation of traffic, parking or other laws.
Directors must have a valid driver's license and adequate liability insurance on their
vehicle. Proof of both shall be on record at the District office.
c. Taxis/Shuttles
Reasonable taxi or shuttle fares may be reimbursed, including a fifteen percent (15%)
gratuity per fare, when the cost of such fares is equal to or less than the cost of vehicle
rentals, gasoline and parking combined, or when such transportation is reasonably
necessary for time-efficiency. Fare reimbursements require valid receipts.
2.58.060 Lodging
The District shall reimburse the actual cost of reasonable lodging required for
overnight travel. Directors incurring overnight lodging costs while on District business shall
seek appropriate, economical accommodations. Directors shall use government and group
rates for lodging when available.
Pursuant to AB 12345 if the Director's lodging is in connection with a conference or
other seminar(e.g. mandatory ethics training), the lodging costs cannot exceed the group
rate published by the event sponsor. If the group rate is not available at the time of booking,
the Director is to use comparable lodging that does not exceed the District's Policy or IRS
rates, whichever is lower.
The District's reimbursable lodging rate is the reasonable base room rate charged,
plus lodging taxes. Lodging reimbursements require valid, itemized receipts.
26 Title 2, Administration
3. It is District policy to satisfy the requirements of Government Code sections 53232.2
and 53233.3 and AB 1234.
4. It is District policy to reimburse Directors for authorized travel, meals, lodging, and
other actual and necessary expenses that are reasonably incurred in the conduct of
District business and detailed in an expense report with receipts attached.
2.58.030 Allowable Expenses
Directors shall only use District funds, equipment, supplies, and staff time for authorized
District business.
Directors shall use good judgment when incurring business expenses, and are expected to
use a reasonably economic means of lodging, meals and transportation that will meet the
traveler's requirements with due consideration to safety and comfort.
Expenses reasonably incurred in connection with the following types of Director activities
generally constitute allowable expenses, as long as the other requirements of this Policy are
met:
1. Meetings and communicating with representatives of regional, state and national
government on adopted policy positions;
2. Attending approved educational seminars designed to improve Directors' skill and
information level;
3. Participating in regional, state and national organization meetings or trainings, such
as NCPA, UAMPS, AWWA or CSDA; and
4. All other reasonable expenditures previously approved by the District's governing
body in a public meeting before the expenditures were incurred.
Examples of expenses that the District will not reimburse include, without limitation:
1. The personal portion of any District-related trip;
2. Political or charitable contributions or events;
3. Family expenses, including partner's expenses when accompanying a Director on
District-related business, as well as children- or pet-related expenses;
4. Entertainment expenses, including theater, movies(either in-room or at the theater),
sporting events (including gym, massage and/or golf related expenses), or other
cultural events;
5. Mileage to and from District facilities or to attend meetings of the Board of Directors;
24 Title 2, Administration
It is recognized that an important element of governing the District within the traditions of
democracy require and benefit by citizen input. It is also recognized that the Brown Act
requires that the Board's meeting agenda provide for the opportunity for public input. It is
also recognized that the Board of Directors of the District shall accept public input and
consider it seriously.
In public meetings the Directors shall:
2.56.040.1 Listen to public input in a respectful and civil manner;
2.56.040.2 Directors shall not engage presenter of public input in dialogue, but shall, at the
conclusion of public input, discuss and decide the appropriate response to the input;
2.56.040.3 Public input shall be limited to three minutes per presenter, or as deemed
appropriate from the Board President, to provide time for the Board of Directors to efficiently
conduct other business on its agenda;
2.56.040.4 Equally, public presenters shall be respectful of the Board of Directors and others
participating in the meetings.
2.56.050 Procedural Considerations
The Board of Directors shall commit to annually review important procedural materials. At
the beginning of each year the Board of Directors will review Board Code of Conduct, the
Brown Act and other matters related to Board procedures.
2.56.060 Debate Forum
The discussion and deliberations at Board meetings are to secure the mature and reasoned
decision of the Board on matters appearing on the agenda.
All discussions must be relevant to the motion before the Board. A Director is given the floor
only for the purpose of discussing the pending question; discussion which departs from the
agenda matter is out of order.
Protocol for agenda items:
1. Board President reads the agenda item
2. General Manager or staff representative introduces the question before the Board
3. Report from staff/presenter
4. Public input
5. Director questions and discussion
6. Motion and second
• Motion to approve
• Motion to amend
• Motion to table
22 Title 2, Administration
equipment, or vehicles of the type utilized by the Department to which the filer has been
assigned.
CHAPTER 2.56
BOARD CODE OF CONDUCT
Sections:
2.56.010 Introduction
2.56.020 General
2.56.030 Directors Conduct with One Another
2.56.040 Rules Regarding Public Input
2.56.050 Procedural Considerations
2.56.060 Debate Forum
2.56.010 Introduction
The Truckee Community has established the Truckee Donner Public Utility District(District)
to provide essential services needed to support the prosperity and general wellbeing of the
community. The District's powers and responsibilities are set forth in the California Public
Utility District Act that requires the election of a Board of Directors to govern the District by
meeting in accordance with the California law known as the Brown Act. The Board of
Directors is required to consider complex facts and make many important decisions that
impact the prosperity and general wellbeing of the Truckee Community. The voters of the
District have elected a Board of Directors to govern the District, and that Board states that it
recognizes the importance of making sound reasoned decisions in a timely and efficient
manner. The Board recognizes the importance of deliberating and making decisions using a
process that is orderly, efficient, civil, fact based and proceeds in a timely basis.
2.56.020 General
The Board of Directors shall perform its duties in accordance with the processes and rules
set forth in this Code governing the deliberation of public policy issues, meaningful
involvement of the public, and implementation of policy decisions of the Board by District
staff.
2.56.020.1 The Board shall make its decisions based on the merits and substance of the
matter at hand, rather than on unrelated considerations.,
2.5604.020.2 The Board shall conduct its business in a manner that supports the
maintenance of a positive and constructive work place environment for District staff, private
citizens and businesses dealing with the District.,
2.56.020.3 Directors shall prepare in advance of Board meetings and be familiarwith issues
on the agenda.;
2.56.020.4 Directors shall fully participate in Board meetings while demonstrating respect,
consideration and courtesy to others.,
20 Title 2, Administration
the Fair Political Practices Commission are hereby adopted and incorporated by reference.
This regulation and Sections 2.52.015 — 2.52.020 designating officials and positions and
establishing disclosure requirements shall constitute the conflict-of-interest code for the
Truckee Donner Public Utility District (District).
2.52.010.1 Place of Filing — Individuals holding designated positions shall file their
statements with the District, which will make the statements available for public inspection
and reproduction (Gov. Code §81008). Statements for all designated positions will be
retained by the District.
2.52.015 Officials Who Manage Public Investments - The following positions are not
covered by this conflict-of-interest code because those individuals holding these positions
must file under Government Code Section 87200. These positions are listed for
informational-at purposes only:
• Members of the Board of Directors
• General Manager
• District Treasurer
• Assistant Treasurer
• Consultants (Those that invest public funds.)
An individual holding one of the above-listed positions may contact the Fair Political
Practices Commission for assistance or written advice regarding their filing obligations if they
believe that their position has been categorized incorrectly. The Fair Political Practices
Commission makes the final determination whether a position is covered by Government
Code Section 87200.
2.52.020 Designated Positions and Disclosure Categories
A. Designated Positions
The following positions are in Disclosure Category I:
Administrative Services Manager
Assistant General Manager
Attorney
Electric Utility Manager/Power Supply Engineer/GIS
Public Information and Conservation Manager
Water Utility Manager
Consultants*
The following positions are in Disclosure Category II:
Buyer/Clerk
Contract Administrator
Customer Services Manager
Finance and Accounting Manager
Geographic Information System Coordinator
Senior Accountant Analyst
Technical Program Administrator
The following positions are in Disclosure Category III:
Conservation Program Administrator
Electric Engineer
18 Title 2, Administration
2.48.010 Performance Evaluations and Salary Adjustments for the General Manager-
The General Manager shall be employed by the Board of Directors at a salary established
by the Board. The Board shall work with the General Manager to set performance goals and
objectives. At least annually,the Board will appraise the General Manager's performance as
described in the General Manager's Employment Agreement with the District. Consideration
of an increase in compensation within the District's approved wage and salary plan will be
given at that time.
CHAPTER 2.50
RETENTION AND/OR DESTRUCTION OF RECORDS
Sections:
2.50.010 Destruction of District records; excepted records
2.50.020 Retention of District records
2.50.030 Destruction of District records; conditions
2.50.040 Duplicate records less than five years old; destruction
2.50.050 Authority of Treasurer or fiscal agents
2.50.010 Destruction of District records; excepted records- Unless otherwise provided
by law, the District Clerk may destroy any District record, document, instrument, book or
paper under his or her charge, without making a copy thereof, after the same is no longer
required.
2.50.020 Retention of District records-This Section does not authorize the destruction of
records required to be kept by statute. (See Appendix A for District Record Retention
Schedule.)
2.50.030 Destruction of District records; conditions- Notwithstanding the provisions of
Section 2.50.010, the District Clerk who is the custodian of District records, documents,
instruments, books and papers, may cause to be destroyed any or all such records,
documents, instruments, books and papers, if all of the following conditions are complied
with:
(a) The record, paper or document is photographed, micro-photographed,
reproduced by electronically recorded video images on magnetic surfaces,
recorded in the electronic data-processing system, recorded on optical disk,
reproduced on film or any other medium which does not permit additions,
deletions, or changes to the original document in compliance with the
minimum standards or guidelines, or both, as recommended by the American
National Standards Institute or the Association for Information and Image
Management for recording of permanent records or non-permanent records,
whichever applies.
(b) The device used to reproduce such record, paper or document on film, optical
16 Title 2, Administration
2.40.010.3(K) Recommend to the Board for approval the employment of outside
consultants and negotiate terms of contracts for services.
2.40.010.4 Direct
2.40.010.4(A) Enforce and administer the provisions of the laws and ordinances of the
District.
2.40.010.4(B) Direct all District personnel.
2.40.010.4(C) Respond to citizens' complaints and requests for information.
2.40.010.4(D) Conduct continuous research into administrative practices to produce greater
efficiency and economy in District operations.
2.40.010.4(E) Direct the day-to-day activities of the District except as specified otherwise by
the Bylaws of the Board. Delegate appropriate responsibility and authority to staff.
2.40.010.5 Finance
2.40.010.5(A) Prepare a long term capital improvements program for Board consideration.
2.40.010.5(B) Direct the preparation and administration of the District budget.
2.40.010.5(C) Direct the investment of District funds in accordance with Board policy.
2.40.010.5(D) Establish accounting systems, procedures, statistics and types of reports
necessary for sound financial management of the District.
2.40.010.5(E) Purchase all materials, supplies and equipment within the limits of the budget
and in accordance with Board policy.
2.40.010.5(F) Review rate structure to determine where adjustments are needed to insure
adequate cash flow and to provide revenue to meet expenses and establish reasonable
reserves and replacement of assets.
2.40.010.5(G) Develop and maintain inventory records. Conduct periodic inventories.
Dispose of surplus materials in accordance with Board policy.
2.40.010.5(H) Assist the Board in arranging for an annual audit. Review the audit with staff.
2.40.010.6 Report
2.40.010.6(A) Submit periodic reports to the Board on revenues and expenses compared to
the budget.
2.40.010.6(B) Develop and submit to the Board such operational summaries as will enable
14 Title 2, Administration
■ ■ ■
f
•
Treasurer's RepeFt.
used,
Feembur-sement shall be at the IRS
and fuel GhaFges.
> Of >
to hotel
CHAPTER 2.40
DELEGATIONS
Sections:
2.40.010 Delegations from the Board of Directors to the
General Manager
2.40.010 Deleqations from the Board of Directors to the General Manager- In order to
properly carry out the policy making responsibilities of the Board of Directors, the Board
wishes to clarify its priorities and delegations of authority to the General Manager. By
clarifying the Board's priorities and delegations, the Manager will have the authority to
properly direct the operations of the District, and the Board will be better able to review the
District's performance.
As set forth in Section 16114 of the Public Utilities Code, the General Manager is delegated
full charge and control of the construction of the works of the District and of their
maintenance and operation.
Subject to policy formulation and direction by the Board of Directors, the General Manager
shall plan, direct, coordinate, and review the activities of the District's operations and work
forces.
The General Manager is hereby delegated the following specific authority and responsibility,
and may further delegate authority and responsibility to District staff. In carrying out these
duties, the General Manager will adhere to policy determinations of the Board of Directors.
12 Title 2, Administration
interests of the District.
2.32.010.2 Members of the Board of Directors shall not enter into contractual arrangements
with, or otherwise utilize, engineering,financial and/or legal consultants who perform work or
services for the District on any material matters which may affect the District.
2.32.010.3 The General Manager shall not engage in any private enterprise within the
District.
2.32.020 Director/General Manager Relationship - The
District recognizes, establishes and maintains the following guidelines in its relationship with
the General Manager.
2.32.020.1 It is recognized that good management is the most important factor in the
success of the District. In exercising such management, the Board of Directors reserves its
responsibility to establish policy, approve plans and programs and delegate authority to its
General Manager.
2.32.020.2 The Board of Directors recognizes its responsibility and its need to establish
policies, approve plans and programs, and delegate authority to the General Manager to
execute and carryout its plans, programs and policies. The General Manager shall, among
other things, have authority to hire capable personnel within the approved wage and salary
plan and policy, train, supervise and replace them if necessary.
2.32.020.3 All policies of the Board of Directors shall be promulgated to regular and special
meetings, acting collectively as a Board. The General Manager is delegated the
responsibility of carrying out such policies.
2.32.020.4 It shall be the policy of the Board of Directors to refrain, as individuals, from
discussing management problems with the personnel of the District. At the request of the
General Manager, the Board of Directors may confer with personnel at regular or special
meetings of the Board.
2.32.020.5 This in no way precludes any Board member from talking with any District
employee or requesting information from any District employee. However, if such requests
for information are of a time-consuming nature, in consideration of the employees' work
schedules, Directors shall coordinate such requests through the General Manager.
2.32.020.6 It shall be distinctly understood that the"flow"of authority for the management of
the District shall be through the General Manager, and the General Manager shall be the
connecting link between the Board of Directors and the personnel. The Board of Directors
shall require full and complete information from the General Manager concerning all matters
in connection with the management of the District as set forth in Board policies.
2.32.020.7 Primarily, the purpose of this policy is to define the relationship that shall exist
between the Board of Directors, who are the elected representatives of the District, and the
General Manager, who is employed by the Board of Directors. The Board of Directors
recognizes that effective management of the District can exist only through mutual
10 Title 2, Administration
In the absence of any members of any committee, the presiding officer may appoint a
substitute who shall serve during such absence.
CHAPTER 2.16
BUDGETS
Sections:
2.16.010 Budgets
2.16.010 Budgets — The General Manager shall prepare a budget calendar for Board
review at the first regular meeting in August prior to the budget cycle (annually or bi-
annually). The General Manager shall present a proposed draft budget for the ensuing
calendar year(s) to the Board in the last quarter of the budget cycle period for the next
budget cycle. The Board shall adopt such budget with any changes ordered by it, not later
than the second regular meeting in December. The Manager, or individual Board members
may recommend changes in the budget from time to time; and the Board may adopt such
changes. A public hearing shall be held prior to adoption of the budget.
CHAPTER 2.20
BOARD VACANCIES
Sections:
2.20.010 Board Vacancies
2.20.010 Board Vacancies - All vacancies occurring on the Board of Directors, for
whatever reason, shall be filled according to the rules contained in the California
Government Code.
CHAPTER 2.24
PARLIAMENTARY PROCEDURE
Sections:
2.24.010 Parliamentary Procedure
2.24.010 Parliamentary Procedure - As to all matters not hereinabove provided for, the
conducting of the business of the Board and its parliamentary procedure shall conform to the
RULES OF ORDER REVISED by H. M. Robert, which RULES OF ORDER are by reference
made a part of these bylaws.
8 Title 2, Administration
2.04.060.3(D) Debate and/or discussion on each agenda topic is limited to five minutes for
each Director. The Board, by majority vote, may waive this provision for any agenda topic.
2.04.070 Order of Business - The order of business in conducting the meeting of the
Board shall be as follows:
1. Call to order
2. Roll call
3. Pledge of Allegiance
43. Changes to the agenda
54. Public input
65. Director's update
61. o aRager's repel
7. Special business/public hearings
8. Consent agenda
9. Action items
10. Workshop items
11. Routine business (such as approval of minutes and Treasurer's report)
12. Closed session
13. Return to public session
14. Adjournment
2.04.080 Voting- Every action of the Board shall be taken by ordinance, resolution, motion,
or unanimous consent. In the case of every action except one taken by simple motion or
unanimous consent, the roll of Directors shall be called, and their individual votes recorded
in the formal minutes. All official Board actions will require the affirmative vote of at least
three Directors.
2.04.090 Statements from Visitors-All members of the public attending Board meetings
and having an interest in any agenda item shall have the right to address the Board before
a vote is taken on such item. They shall be encouraged to ask questions directly related to
reports made to the Board by members of the District's staff or consultants immediately after
such reports are made and prior to Board action.
2.04.100 Recording ReGGFdapwof the Meetings - The Clerk/Ex-officio Secretary shall
arrange to have -recordings made of the meetings of the Board, except when the Board
goes into closed session, for use in preparation of the minutes. The Clerk/Ex-officio
Secretary shall make duplicates of the recordings available to anyone for review upon
arrangement.
CHAPTER 2.08
BOARD MEETING MINUTES
Sections:
2.08.010 Board Meeting Minutes
6 Title 2, Administration
2.04.080 Voting
2.04.090 Statements for Visitors
2.04.100 Recording of Meetings
2.04.010 Place of Meeting - Until changed by further resolution amending these rules, the
place of meeting of the Board of Directors shall be the Board Room of the Truckee Donner
Public Utility District, in Truckee, California. When appropriate notice has been given, any
meeting may be scheduled at another location within the District. The Board of Directors
may, upon showing of special circumstances, hold Board meetings outside the District. All
legislative meetings of said Board shall be open to the public and shall be held at said office
and place of meeting; provided, however, that meetings duly opened at said office may be
adjourned to such other place or places within the confines of said District as may be found
convenient or necessary by the Board, and provided further that this rule shall not preclude
the Board from holding executive sessions when permitted by law.
2.04.020 Time of Meeting—The time for regular meetings of the Board is the first and third
Wednesday of each month at 6:00 P.M. If and when said Wednesday falls on a legal
holiday, then said regular meeting shall be held at 6:00 P.M. on the next business day
following the legal holiday or other day agreed to by the Board.
2.04.030 Admourned Meetings - If the business coming before the Board at any regular or
adjourned meeting is not finished on the day fixed for such meeting, or if for any reason
such adjournment is deemed proper,the Board may adjourn to such time and place as may
be specified in the Order of Adjournment. When the Order of Adjournment fails to state the
hour to which the adjourned meeting is to be held, it shall be held at the hour specified for
regular meetings. In the event that an adjourned meeting is not called, and a special
meeting does not take place prior to the next regular meeting,then the unfinished items shall
be placed on the agenda for the next regular meeting.
2.04.040 Special Meetings-A special meeting may be called at any time by the President
or by a majority of the members of the Board, by delivering personally, by e-mail or by mail
written notice to each member of the Board and to each local newspaper of general
circulation, radio or television station requesting notice in writing. Such notice must be
delivered personally, by or by mail at least 24 hours before the time of such meeting
as specified in the notice. The call and notice shall specify the time and place of the special
meeting and the business to be transacted. No other business shall be considered at such
meetings by the Board. Such written notice may be dispensed with as to any member who
at or prior to the time the meeting convenes files with the Clerk/Ex-officio Secretary a written
waiver of notice. Such waiver may be given in writing in person, by US mail or by e-mail.
Such written notice may also be dispensed with as to any member who is actually present at
the meeting at the time it convenes.
2.04.050 Written Notice of all Meetings - Advance written notice shall be given for all
meetings in the following manner:
2.04.050.1 A written notice of all meetings (agenda) shall be mailed or e-mailed to each
Director as far in advance of the meeting as possible, but, in any event, either mailed, e-
mailed or expressly hand-delivered so as to be received 72 hours in advance of the meeting.
Notwithstanding the foregoing, and in accordance with Section 2.04.040 herein, notice for
4 Title 2, Administration
CHAPTER 2.02
BOARD OF DIRECTORS AND OFFICERS
Sections:
2.02.010 Quorum
2.02.020 Duties of Officers
2.02.010 Quorum - Three members of the Board shall constitute a quorum. No business
shall regularly be entered upon until a quorum is present, nor shall business regularly be
proceeded with when the members are reduced below a quorum.
2.02.020 Duties of Officers- In addition to the duties specified by applicable law and other
provisions of these rules, as well as resolutions and ordinances of the District,the officers of
the District shall have the following duties:
2.02.020.1 The President shall, when present, preside at all meetings of the District. The
President should cause an agenda to be prepared and distributed by the Clerk/Ex-officio
Secretary in advance of the meeting, which shall list each item of business or
correspondence to come before the meeting insofar as is known. The President shall act as
official spokesman of the Board at the discretion of the Board, execute contracts and other
documents on behalf of the District when authorized by the Board of Directors, and shall
perform such other duties as are assigned from time to time.
2.02.020.2 The Vice President shall perform the duties of the President in the absence or
disability of the President.
2.02.020.3 The District Manager shall function as the Clerk/Ex-officio Secretary of the Board
as well as performing all other acts and duties imposed by the Board.
In addition to those other acts and duties imposed by the Board, the Clerk/Ex-officio
Secretary of the Board shall be entitled to:
a) Schedule and call a special meeting of the Board of Directors if he determines
that it is necessary to do so and if he is unable to contact the President of the
Board regarding the need to call such a meeting.
b) Cancel any regular or special meeting if he determines that a quorum of the
Board of Directors will not be present.
c) Schedule, reschedule and cancel public hearings (except hearings on the
adoption of a rate increase ordinance) if he determines that it is necessary to
do so.
2.02.020.4 The Treasurer of the District shall be appointed by the Board by name and shall
have such duties as assigned by the Board pursuant to Resolution 2008-21.
2 Title 2, Administration
Title 3, Finance and Accounting
3/4/09
TITLE 3
FINANCE AND ACCOUNTING
CHAPTERS
3.01 Financial Goals
3.02 Budget Control
3.04 Auditing
3.05 Governmental Accounting Standards Board (GASB)
3.06 Electric Supply Procurement
3.08 Purchasing
3.10 Capitalization Policy
3.12 Accounts Receivable
3.16 Accounts Payable
3.20 Investments
3.24 Restricted Funds
3.32 Standby Charges and Assessment Districts
CHAPTER 3.01
FINANCIAL GOALS
Section:
3.01.01 Financial Goals
3.01.01.1 The following goals are established to promote and maintain the financial strength
of the District:
Planning Goals
• Review Water and Electric Master Plans at least every five years
• Review ten year Finance Master Plan each year
• Prepare two-year operating budget with semi-annual reviews
• Prepare ten-year Capital Improvement Plan; update annually
• Review rate structure and levels at least once every three years
• Review Financial Goals every year
Revenue Goals
• Set operating revenues to capture entire cost to provide service plus build and maintain
reserves and satisfy debt coverage ratios
• Review connection charges each year and set them to recover all costs
• Review facilities fees every _budget cycle and after the completion of a- Formatted:Bulleted+Level:1+Aligned at:
master plan 0.25"+Tab after: 0.5"+Indent at: 0.5",Tab
stops:Not at 0.5"
Title 3 Page 1
CHAPTER 3.02
BUDGET CONTROL
Section:
3.02.010 Budget Control
3.02.010.1 In 2008, for budget year 2009, and each two budget year periods thereafter,the
General Manager shall submit to the Board of Directors a draft budget in the format approved
by the Board of Directors and following generally accepted accounting standards for utility
budgets.
3.02.010.2 Budget performance will be reviewed at a Board workshop each six months after
the close of the June and December accounting periods during each fiscal year.
3.02.010.3 The General Manager shall cause to be prepared a memorandum accompanying
the semi-annual budget performance review which describes any significant variance from
planned expenditures and any projects or needs that have occurred since adoption of the
budget that were not anticipated at the time the budget was prepared and adopted.
3.02.010.4 With respect to the capital budget,the General Manager is authorized to make line
item transfers within any one department,provided the total capital budget for that department
is not exceeded. If the General Manager determines that a capital expenditure is necessary
which will exceed that department's capital budget,he/she shall submit a recommendation to
the Board of Directors for a budget amendment.
3.02.010.5 When Department Heads request the Board to approve projects (operating or
capital),they will indicate in the description and presentation how much has been budgeted for
the project and if the costs are expected to exceed their budget,recommend where the excess
costs will be obtained.
CHAPTER 3.04
AUDITING
Sections:
3.04.01.1 Hiring of Auditors - Periodically, the Board of Directors will issue a request for
proposal for the purpose of hiring an audit firm to perform the District's annual audit.Auditors
will be requested to provide an engagement letter describing services they will perform and a
three year financial proposal. At the end of the three year period,the Board will issue a new
request for proposal,or if the Board decides to continue the services of the current auditors,it
will ask the then current auditors for a proposal to extend their services.
3.04.01.2 Audit Performance — The auditors will audit the District's records according to
generally accepted auditing standards for publicly owned utilities.
Title 3 Page 3
3. Renewable resources are defined as non-fossil fueled electric generating
resources, including hydroelectric pursuant to Section 398.4(h) (1) of the
California SB 1305.
3.06(B) RPS Supply Target:
1. Strive to include qualifying resources to meet projected demand.
2. Assure resource portfolio will have a minimum 21% of renewable
resources by the end of 2010.
3.06(C) RPS Supply Strategies:
1. Utilize Public Benefit funds to implement projects and to supplement
appropriate capital expense projects.
2. Allocate District Western Area Power Administration (WAPA)as a non-
fossil fuel resource included in the RPS supply.
3. Strive to acquire small hydro and geothermal electric supply from WAPA,
NCPA, or UAMPS that are located within or can be transmitted to the
Sierra Pacific control area.
4. Consider contracting for geothermal generation and wind generation
backed by natural gas.
5. Find and support solar and other renewable generation opportunities
within District service area.
3.06.1 Procurement Objectives
1. Balance the need to purchase sufficient, reliable electric energy within
District RPS target and the tolerance for risk established by the Board of
Directors.
2. Provide stable electric rates to customers.
3. Preserve a supply cost advantage.
4. Provide procurement control procedures that are sufficient to identify,
evaluate and manage risk.
3.06.2 Commodity Pricing Policy
1. The General Manager is responsible for implementing the Electric Supply
Procurement policy by overseeing the process of all rate schedule
development and ensuring that all procedures are followed consistently and
that all transactions and calculations are appropriately documented.
2. Commodity Pricing is composed of two principles:
(A)Direct Cost Recovery
All direct costs of providing service will be recovered in rates.
(B)Risk Management
To the extent practicable, all risks must be insured and contract terms
must protect the District from major negative contingencies.
Title 3 Page 5
3.06.4(E)Oversight
The Electric Utility Manager shall provide an oversight role along with the
Administrative Services Manager both reporting to the General Manager:
1. The Electric Utility Manager shall perform review of portfolio exposure,
credit exposure, transaction compliance and monitor risk limit
compliance.
2. The Electric Utility Manager shall make recommendations to the
General Manager to temporarily or permanently halt transactions with
one or more counterparties, exceptions to rules and procedures, or
other operational exceptions that represent unacceptable risk
exposure.
3. The Administrative Services Manager shall review all transactions,
exceptions,and settlement payment accuracy,reporting findings to the
General Manager.
3.06.5 Authorized Transacting Products
Products allowed for electric transactions include energy,capacity,transmission
and ancillary service. Only physical transacting products are approved by the
Board. Financial products are explicitly prohibited.
Only the Electric Utility Manager,with General Manager's counter signature, is
authorized to perform a District energy transaction:
1. All transactions must be committed by authorized transaction
personnel.
2. All transactions must be with approved counterparties with executed
and Board approved contracts.
3. All transactions must be with approved counterparties with adequate
available credit.
4. All transactions must be committed over recorded phone lines or via
electronic mail.
5. All transactions must be for allowed transaction products.
6. All transactions must be consistent with Electric Supply Procurement
policy.
Failure to observe and comply with this Policy when executing energy
transactions is a violation of District Code and is subject to disciplinary action.
Title 3 Page 7
3.08.010 Bid Procedure for Purchase of Commodities or Equipment Over$15,000 -Prior
to issuing a purchase order for the purchase of any commodity or equipment,the dollar value
of which is fifteen thousand dollars($15,000)or greater,the provisions of the Public Contract
Code shall be followed, as more fully described in the following sections.
3.08.010.1 When a Department Manager or the authorized Buyer/Clerk determines that there
is a need to issue a purchase order,the amount of which is fifteen thousand dollars($15,000)
or greater,he/she shall notify the General Manager by memorandum which states the purpose
of the purchase,the budget or work order account number to be charged and the specification
of the item or items to be purchased.
3.08.010.2 The General Manager shall review the memorandum and, if he/she approves the
request,shall cause a public notice to be published in a local newspaper of general circulation
requesting interested parties to submit sealed bids.The bids shall be publicly opened and read
at the date and time and in the place specified in the public notice. The notice will also be
posted on the District's website.
3.08.010.3 After the bids have been opened,the General Manager shall submit the matter to
the Board of Directors with a recommendation regarding award of the purchase contract.
3.08.010.4 When calling for bids on equipment available locally, the public notice shall be a
small display ad in a local newspaper of general circulation. The notice will also be posted on
the District's website.
3.08.010.5 The General Manager shall establish procedures to properly manage the process of
notifying bidders of the results of the purchase and to implement the decision of the Board.
3.08.010.6 Market Basket Purchase Approach—For vendors from whom multiple items are
most likely to be bought, a "market basket" approach may be used to select the most
competitive vendor. This approach compares the aggregate cost for anticipated quantities of
items among vendors;the basis for selection is the lowest market basket cost. Should the total
anticipated purchases exceed$15,000, approval will be obtained by the Board.
3.08.010.76 Sole Source Vendors—Certain vendors provide goods and equipment that are
proprietary in nature such as certain utilities. For purchases that exceed$15,000,approval will
be obtained by the Board.
3.08.020 Procedure for Purchase of Commodities or Equipment Under$15,000-Prior to
issuing a purchase order for the purchase of any commodity or equipment,with a value which
exceeds ten thousand dollars($10,000),but is less than fifteen thousand dollars($15,000),the
following procedures shall be followed:
3.08.020.1 The General Manager, a Department Manager or.the authorized Buyer/Clerk is
authorized to issue a purchase order as defined in Section 3.08.020 after having first secured
three informal telephone quotes recorded in writing. In securing the quotes,the vendors must
be asked to state any price discount and any payment discount terms that the vendor will offer
the District. In the event that three quotes cannot be obtained,the purchaser shall provide the
General Manager with a written explanation and receive the General Manager's approval prior
to issuing the purchase order.
Title 3 Page 9
3.08.030.6 After the bids have been opened,the General Manager shall submit the matter to
the Board of Directors for approval with a recommendation regarding award of the service
contract. This recommendation will include the bid award amount and a not to exceed amount
for change orders to be authorized by the General Manager.
3.08.030.7 The General Manager shall establish procedures to properly manage the process of
notifying bidders of the results of the award and to implement the decision of the Board.
3.08.030.8 Sole Source Vendors—Certain vendors provide services that are proprietary in
nature such as utilities. For purchases that exceed$15,000,approval will be obtained by the
Board.
3.08.040 Procedure for Issuance of Service Contracts Under$15,000-Prior to issuance of
a contract for a service with a value less than fifteen thousand dollars($15,000),the following
steps shall be followed:
3.08.040.1 The General Manager shall cause plans and/or specifications to be prepared.
3.08.040.2 Three informal telephone quotes shall be secured in writing.In securing quotes,the
contractor shall be asked to state any price or payment discounts and a completion date.
3.08.040.3 The contract shall be awarded by the General Manager to the lowest responsive
service provider taking into consideration price and completion date.
3.08.040.4 The General Manager may renegotiate and/or renew contracts upon their
expiration.
3.08.040.5 Should overruns or change orders expect to cause the service contract to become
$15,000 or greater,the General Manager shall notify the Board of Directors for its approval to
continue.
3.08.050 Procedure for Entering into an Agreement for Special Services-Priorto entering
into an agreement for special services,the following procedures shall be followed:
3.08.050.1 The term"special services"includes,but is not limited to professional services,such
as legal,engineering,architectural,landscape architecture,land surveying,construction project
management, accounting, financial, economic, energy advisory, information technology,
environmental, payroll services and administrative services, as included within California
Government Code Sections 4525, 4526 and 53060.
3.08.050.2 When a Department Manager determines that there is a need to issue an
agreement for special services to be performed, he/she shall notify the General Manager by
memorandum which states the purpose of the special services, the budget or work order
account number to be charged and the plan of the special services to be performed.
Title 3 Page 11
3.08.070.2 Department Manager discusses need for consultant with the General Manage
(GM).
3.08.070.3 Upon the General Manager approval,the Department Manager and departmental
staff create a draft Request for Proposals(RFP)for review by the General Manager.The draft
RFP shall include a proposed scope of work and general description of evaluation criteria to be
used in reviewing the proposals. The weighting of the specific evaluation criteria shall be
included in the RFP.The RFP shall require a separate Technical Proposal and a Cost Proposal
sealed in separate envelopes.
3.08.070.4 The Contracts Administrative Clerk (CAC) shall begin advertising the RFP. A
notice of the RFP shall be mailed to consultants known to perform the required services and
when appropriate to the A/E Consultants Information Network. A notice of the RFP shall also
be published in a local newspaper of general circulation and shall be posted on the District's
website.
3.08.070.5 A staff committee shall be created to review the proposals. The committee shall
include staff from at least two separate Departments(Electric,Water,Administrative Services).
The exact makeup of the committee shall be determined by the General Manager GM-and
Department Manager seeking the consulting services.
3.08.070.6 The General Manager GAi-and Department Manager shall finalize the proposal
evaluation criteria and the weighting to be given to each component.
3.08.070.7 After receiving proposals,they shall be held in the custody of the CAC. The CAC
shall distribute copies of all Technical Proposals to the staff committee members for individual
review.
3.08.070.8 The staff committee shall then hold a meeting to discuss the various proposals and
to rank the consultants based upon demonstrated competence,professional qualifications and
technical merit using the approved evaluation criteria.
3.08.070.9 At the same meeting, after completion of the technical rankings, the Cost
Proposals shall be opened and reviewed by the staff committee members. This review shall
ensure that the man hours,hourly rates,services and indirect costs given in the Cost Proposal
correspond to the level of effort described in the Technical Proposal and to the level of effort
expected by the District to perform the anticipated work.
3.08.070.10 The staff committee shall meet to discuss both the Technical and Cost Proposals
and determine a short list of consultants to be interviewed by the staff committee.
3.08.070.11 After final review of the proposals,the staff committee may determine that a given
consultant is clearly superior to the other consultants and may recommend to the General
Manager-GAA that interviews are not necessary.The staff committee may also determine that
the proposed scope of work or the expected cost is such that conducting interviews will not
Title 3 Page 13
3.08.080.1 When a delay in making the decision to change the contract would impose an
unreasonable financial burden on the District.
3.08.080.2 When the need for the change is so compelling that to proceed with the project as
originally planned is impossible or would be financially burdensome on the District.
3.08.080.3 When the amount of the change order price is less than 5% of the original
approved contract price.
3.08.080.4 At the time of award of a contract, the Board may pre-approve change order
contingencies up to a defined percentage of the contract or a defined dollar amount. Change
order contingency authority which has been approved by the Board,will be administered by the
General Manager up to the pre-approved limit.
3.08.080.5 The exercise of this prerogative should be done with discretion and in the following
manner:
3.08.080.5(A) A memorandum should be prepared setting forth the precise circumstances
justifying the change in plans and specifications or scope of work and should justify the change
in contract price.
3.08.080.5(B) The memorandum should be signed by the Department Head and General
Manager and forwarded within 48 hours to each Director.
3.08.080.5(C)A contract change order should be prepared for consideration by the Board of
Directors at its next regular meeting or at a special meeting if one is called.
3.08.090 Contractor Insurance Requirements - It is the policy of the District to require
contractors and service providers performing work for the District to maintain appropriate
insurance naming the District as an additional insured.
3.08.090.1 The form of insurance shall be broad form comprehensive general liability which
includes coverage for bodily injury, property damage, and products-completed operations;
automobile liability where applicable;workers compensation. Additionally, service providers
may be required to include errors and omissions coverage.
3.08.090.2 The minimum amount of insurance shall be $2,000,000 per occurrence and
$4,000,000 in the aggregate. The General Manager shall consult with the insurance broker of
record and/or an independent risk manager for advice on the insurance requirements for
contracts that exceed$10,000,or that pose risk that,in the judgment of the General Manager,
warrant more than the minimum insurance.
3.08.090.3 The General Manager shall, after consulting with the insurance broker of record
and/or an independent risk manager, specify insurance requirements in contracts he/she is
authorized to let; or, in the case of contracts that must be let by Board action, the General
Manager shall,after consulting with the insurance broker of record and/or an independent risk
manager, recommend insurance requirements to the Board of Directors.
Title 3 Page 15
Structures and Land Improvements $7,500.00
Construction and Remodel Projects $7,500.00
All of the following criteria shall also be used:
1. The normal useful life of the item is at least two years from date of purchase.
2. The item has an acquisition cost (including freight and installation) of at least the
amounts listed above in each asset class.
3. The item will not be substantially reduced in value by immediate use.
4. In case of repair,the outlay will substantially prolong the life of an existing fixed asset or
increase its productivity significantly, rather than merely returning the asset to a
functioning unit or making repairs of a routine nature.
5. Land purchases must always be capitalized.
6. In the event that a purchase is made for multiple"like or similar"items that individually
are of lesser value than the minimum cost listed, but collectively are greater than the
minimum cost,the items may be capitalized.
CHAPTER 3.12
ACCOUNTS RECEIVABLE
Sections:
3.12.010 Miscellaneous Account Billings
3.12.020 Delinquent Accounts Receivable
3.12.010 Miscellaneous Account Billings-A miscellaneous account is a bill rendered by the
District to a party to whom the District has rendered a service or provided a good for which the
District charges a fee but shall not be any service or good which is billed to a customer of the
District through the normal monthly utility billing system.
It is the policy of the District to protect the assets of the District by promptly issuing bills for
goods or services rendered, and by following well established follow-up procedures to insure
that bills are paid in a timely manner.
3.12.010.1 This policy shall apply to the billing and collection of miscellaneous accounts.
3.12.010.2 When any Department of the District notifies the Administrative Services
Department that a billable service or good has been provided, the Administrative Services
Department shall promptly render a bill to the appropriate party. The miscellaneous account
bill is due and payable 30 days after the billing date.
3.12.010.3 If the bill remains unpaid after 30 days,the bill shall be considered delinquent and
shall be assessed a late charge in accordance with current District policy, and a second
request for payment shall be promptly mailed.
Title 3 Page 17
3.16.010.1(C)Contracts-maintenance contracts on District equipment;payments
on leased equipment and land; payments on contracts for software support
services; payments for contracts issued pursuant to Section 3.08.040 of this policy
including contracts for consulting and construction services.
3.16.010.1(D) District Board of Directors-monthly compensation.
3.16.010.1(E District credit card payments. In the event a dispute occurs, the
settlement will be handled by the parties involved.
3.16.010.1(F) Employee benefits previously approved by the Board including:
deferred compensation deposit; pension payments (401a, 457 and CaIPERS);
vision reimbursements and any other payment or reimbursement pursuant to the
District's agreement with the International Brotherhood of Electrical Workers,Local
1245 and employee benefits authorized in the District's Code 4 Personnel for
management/exempt employees.
3.16.010.1(G) Expense checks-advances for meetings, seminars, conferences,
etc., for staff, General Manager and Board of Directors. Reimbursement for
mileage and approved out of pocket expenses in accordance with the Districts Title
4 expense reimbursement policy.
3.16.010.1(H) Insurance-life, health, disability and dental premiums.
3.16.010.1(1) Payroll - employee checks, payroll transfers, meals, union dues,
employee savings deductions, workers compensation insurance, payroll tax
withholding, employer taxes and any other employer payroll obligations.
3.16.010.1(K) Postage-Postage including stamps, trust fund, postage meter and
bulk mailing permit deposits.
3.16.010.1(L) Repayment of internal loans approved by the Board (journal entry
only; no actual check).
3.16.010.1(M)Loans-Repayment of loans that have been approved by the Board
of Directors. Where practicable,the payment will be sent by ACH or wire transfer
to the lending institution on or before the payment due date.
3.16.010.1(N) State Board of Equalization - sales tax, use tax and energy
surcharges collected.
3.16.010.1(0)Wholesale power expenses including,but not limited to,the Northern
California Power Agency, the District's current Board approved wholesale power
supplier and Sierra Pacific Power Company. Payments may be by ACH or wire
transfer to the bank account number provided by the vendor.
Title 3 Page 19
expenditure or prior Board authorization for regular District expenditures as listed in Title 3,
Chapter 3.16.010, Pre-authorized Disbursements.
3.16.030.3 After verifying that the above items are in order,the Accounts Payable Clerk will
run the checks for payment and print a check register listing the number of each check
issued,the vendor paid,the amount of the charges and the amount of the total check. In
order for the Accounts Payable Clerk to print checks, the Treasurer will also have to log
onto the District's computerized check printing and banking software and key in his/her
confidential password.
3.16.030.4 Before any payments, ACH transfers or wire transfers are released, the
Treasurer will then verify that the accounts payable check register and the individual
invoices match,that the invoices have been properly processed and that the expenditures
have been made in accordance with the District's purchasing procedures. The Treasurer
then authorizes the payment,ACH or wire transfer of funds using a secure program linked
to the District's bank account.
3.16.030.6 In the event that a manual check needs to be issued outside of the automated
check run process, the check will require two signatures. The two signatures can be any
two Board authorized checking account signatures.
3.16.030.7 At the second regular meeting of each month held by the Board of Directors,
the Board will be presented with the following reports:
3.16.030.7(A)(1) Accounts payable check register showing all of the checks issued
for the accounting period being presented.The register shall show the date of the
check,the check numbers issued,the vendor names and the amount of the checks.
3.16.030.7(A)(2) Statement of the general fund showing the beginning checking
account balance,the categories of cash received by the District during the month,a
summary list of the cash disbursements made during the month, any authorized
transfers in or out of the general fund and the ending balance at the end of the
month.
3.16.030.7(A)(3) Investment report showing the status of the District restricted
funds.
3.16.030.7(A)(4) Fund status report showing the location of all District funds and
the amount on deposit at each financial institution or organization.
3.16.030.7(B)The details of all checks issued and invoices paid shall be available
for review by any Director in the Administrative Services Department. The Board
shall officially authorize payment of all disbursements that have been made by the
Treasurer and presented on the accounts payable check register at a board
meeting, monthly.
Title 3 Page 21
3.20.008.2 Any one of the following listed officers or employees of the District, the
President of the Board, the General Manager or the Treasurer are hereby authorized,
directed and empowered for and on behalf of and in the name of the District as follows:
3.20.008.2(A) To execute agreements with the Bank providing for such funds
transfers and to make and verify requests for such transfers,and the Bank shall be
entitled to honor and charge this District for all such requests, when given (or
purported to be given)by any one of the above.
3.20.008.2(B)To make, execute and deliver such other agreements as may be
required by the Bank; and
3.20.008.2(C) To perform or cause to be performed all further acts and execute
and deliver all further instruments which Bank may deem necessary to carry out the
purposes of this policy.
3.20.008.3 The District hereby ratifies and confirms the acts of its officers, agents or
employees in heretofore requesting transfers of funds from this District's accounts with the
Bank by wire or comparable transfer together with any acts performed in relation hereto.
3.20.008.4 That the Clerk of the District is hereby authorized and directed to execute,
acknowledge and deliver a certified copy of the Resolution related hereto to the Bank and
any other person or agency which may require copies, and that the certification of the
(Secretary)Clerk as to the signatures of the above named officers will be binding on this
District.
3.20.008.5 That the Bank is authorized to act upon this policy until written notice of the
revocation thereof by a resolution duly adopted by the Board of Directors of this District is
delivered to the Bank, such revocation is in no way to affect the obligations of this District
to the Bank incurred pursuant to the terms of this policy prior to receipt by the Bank of such
notice or revocation.
3.20.010 Investment of Surplus Funds
The District Treasurer shall invest surplus funds, both restricted and general, pursuant to
the District's Investment Policy(District Code 3.20.12). A regular accounting of all fund
activities shall be presented to the Board of Directors in the monthly Treasurer's Report.
3.20.012 Investment Policy
3.20.012.1 Investment Authority In accordance with Section 53600 et seq. of the
Government Code of the State of California,the authority to invest public funds is expressly
delegated to the Board of Directors for subsequent delegation to the Treasurer. The
Treasurer of the District receives direction and authority to invest any and all District funds
from the Board of Directors of the District.
Title 3 Page 23
3.20.012.3 Prudent Investor Standard As applicable to the District,the prudent investor
standard is a standard of conduct whereby any person authorized to make investment
decisions on behalf of the District acts with care, skill, prudence and diligence under the
circumstances then prevailing,including but not limited to,the general economic conditions
and the anticipated needs of the District,that a prudent person acting in like capacity and
familiarity with those matters would use in the conduct of funds of a like character and with
like aims,to safeguard the principal and meet the liquidity needs of the District.
3.20.012.4 Portfolio Any reference to the portfolio shall mean the total of the District's
cash and securities under management by the Treasurer.
Except for cash in certain Board designated,restricted and special funds,the
District will consolidate cash and reserve balances from all funds to maximize
investment earnings and to increase efficiencies with regard to investment
pricing,safekeeping,and administration.Investment income will be allocated
to the various funds or accounts based on their respective participation and
in accordance with generally accepted accounting principles.
The Treasurer may invest in any security authorized for investment under the
California Government Code, subject to the limitations described herein:
1. Maturity Limitations—
a. The aggregate maturity of the total portfolio must not exceed five(5)years
for the general operating funds of the District.
b. Funds which represent debt service reserve funds may be invested up to a
term of ten years,as long as the period invested does not exceed the term of
the debt repayment.
c. Investments of restricted funds held for the Donner Lake Assessment District
that are not expected to be needed to pay debt service on the SRF loan may
be invested up to the term of the SRF loan.
d. Construction funds may be invested to mature on or before the date funds
are expected to be needed for construction purposes.
2. Investment Transactions — the purchase of any investment other than those
purchased directly from the issuer shall be, to the extent possible, from a firm
designated as a Primary Dealer by the Federal Reserve of New York.
3. Sale of Securities — Securities may be sold to provide needed liquidity, to
restructure the portfolio to reduce risk or to increase the expected return of the
portfolio. In no instance shall a sale of securities be used for speculative purposes.
All sales are to be reported to the Board on a monthly basis.
4. Prohibited Investments — Prohibited investments include inverse floaters, range
notes,interest only strips derived from a pool of mortgages(Collateralized Mortgage
Obligations), and any security that could result in zero interest accrual if held to
maturity. (Zero interest accrual means the security has the potential to realize zero
earnings depending upon the structure of the security. Zero coupon bonds and
Title 3 Page 25
3.20.012.6 Reporting In accordance with Section 53646 of the California Government
Code,the Treasurer shall submit a quarterly report to the Board of Directors within 30 days
following the end of the quarter covered by the report. The report shall include investment
activity, including yield and earnings, and the status of cash by depository.
3.20.012.7Internal Controls Annually,the District will have
an independent audit by an external auditor. This audit will provide internal control by
assuring compliance with policies and procedures.
3.20.012.9 Annual Review of Investment Policy The Investment Policy shall be
submitted at least annually to the Board of Directors for adoption. The policy shall be
reviewed annually to ensure its consistency with the overall objectives of preservation of
principal,liquidity,yield and its relevance to current law and financial and economic trends.
The review will also include the review of the diversification of the investments in the
portfolio and the custodial risk of the portfolio. Any modifications made thereto must be
approved by the Board of Directors.
CHAPTER 3.24
RESTRICTED FUNDS
Sections:
3.24.010 Restricted Funds
3.24.010.1 The Board of Directors will direct staff when monies collected by the District are
to be considered as restricted funds.
3.24.010.1 (A) Board Designated Restricted Funds are those funds restricted by
Board action and which the Board can change the purpose of the designation at any
time.
3.24.010.1 (B) Restricted Funds are those funds that are restricted by contract or
agreement with the District such as a loan reserve fund.
3.24.010.2 Restricted funds will be invested pursuant to the District's investment policy as
described in Chapter 3.20, Investments.
3.24.010.3 All interest earned upon said restricted funds shall adopt a character of and
become part of the specific restricted account unless otherwise directed by the Board of
Directors. In the case of loan reserve funds whose balances are greater than the reserve
requirement,the surplus funds may be used to offset the principal and interest payments
on the loan.
Title 3 Page 27
3.32.010.4 if not paid within ten days ef DiStFirt Geunsel's demand
,
fGFeGIOSUFe be initiated against the delinquent paFrael. Gepies of this letteF Will be sent to
the DnstricA T-Feasur-W,the GeneFal ManaqeF,aFid the Bealltd. Distlri�Counsel will also send
that feFeG!GSUFe is about to be initiated;
3.32.010.63 The Board may authorize a third party company who specializes in performing
services listed in section 3.32.010.1 and 3.32.010.2 to work with the BeaFd,District staff
and DiStFiGt to bill and collect assessment monies due.
,3.32.010.4 The Board may authorize the use of foreclosure counsel to proceed with the -- Formatted:Font:Bold
foreclosure process pursuant to California State law and the requirements of any debt
instruments where the debt is secured by assessment payments. Staff will keep the Board
informed throughout the foreclosure process.
3.32.010.5 The County requires the District to remove delinquent Communities Facilities
District parcels from the County tax roll on or about June 30, of each County fiscal year. Formatted:superscript
The District Treasurer will authorize the County to remove the delinquent parcels from the
County tax roll before referring delinquent parcels to foreclosure counsel. Removal of a
delinquent parcel from the County tax roll does not release property owners from their
payment obligations.
3.32.010.75 All delinquent assessment payments will be required to include any late fees,
legal fees and/or administrative charges allowed to be collected under California State law.
,3.32.010.6 In cases where assessments are collected on the Nevada or Placer County tax _- Formatted:Font:Bold
bills and where the Countiea reimburse the District for 100% of the amount assessed, Formatted:Font:Not Bold
District staff may send collection and demand letters on delinquent assessments but will Formatted:Font:Not Bold
not proceed to the foreclosure process. The foreclosure process will be processed by Formatted:Font:Not Bold
Nevada and Placer Counties pursuant to County and California State law.____ __ Formatted;Font:Not Bold
3.32.020.1 Standby Charges-Annually,the Board of Directors will authorize by resolution Formatted:Font:Not Bold
the continuance of and the amount of charges for electric and water standby charges.
Thereafter,the General Manager shall direct staff to prepare an updated list of unimproved
parcels to be assessed electric and water standby charges.The records shall be prepared
in a format acceptable to both Nevada and Placer Counties and shall be submitted to them
before their scheduled deadline.The assessments will then appear on the annual property
tax bills sent out by Nevada and Placer Counties.Nevada and Placer Counties will then act
as the collection agents for the assessments and will forward payment to the District
pursuant to county policy.
Title 3 Page 29
3.24.010.4 Expenditures from restricted funds shall be authorized by the Board of
Directors.From time to time,the Board may pre-approve transfers from restricted funds in
advance that pertain to specific projects or activities.
3.24.010.5 The District's Treasurer will include a monthly report on the activity of the
restricted funds accounts along with the monthly Treasurer's Report.
CHAPTER 3.32
STANDBY CHARGES AND ASSESSMENT DISTRICTS
Sections:
3.32.010 Collection of Delinquent Assessments
3.32.020 Standby Charges
3.32.010 Collections of Delinquent Assessments - The following procedure is to be
used by the District staff and by DiStFiGt Counsel in connection with the collection of
delinquent assessments.
Assessments are due on November first and February first of each year, and are
delinquent er►after December tenth and April tenth, respectively.
Following is the procedure the District has adopted for collecting delinquent assessment
payments:
3.32.010.1 By January thirty-first and May thirty-first of each year or as soon as the county
records are available,the District Treasurer will contact the County Tax Collector's Office
and determine whether any assessments are delinquent and,if so,the amount of any such
delinquency. The District Treasurer will then immediately send,by reFtified Fnail,
a collection letter, requesting payment within fifteen days,
3.32.010.2 If not paid within fifteen days of the #rienUj_ collection letter, the District
Treasurer will send, by certified mail, a demand letter. This letter will demand payment
within ten days, and will indicate that, if not paid, the matter will be referred to District
Foreclosure Counsel for initiation of foreclosure proceedings against the delinquent parcel.
Gapies of this lettell:will be sent te DiStFiGt Geunsel and te the GeneFal Manager-. A list of
delinquent parcels will be presented to the Board for authorization to proceed with the
foreclosure process.
3.32.010.3 if not paid- withiF; ten days of the demand letter, D;6tgGt GOURS-A-1 ;Vill sen.
letter,by Gertified Fnail demanding immediate payment and indiratwRg that the delinquen
within ten days- Copies of this letter will he sent to the DiStFtrat TreaSUFe , the General
ManageF and the BE)aFd.
Title 3 Page 28
similar investments that start below the face value are legal because their value
does increase.)
5. Safekeeping
a. All securities transactions entered into by the District shall be conducted on a
delivery versus payment(DVP)basis.
b. Securities shall be held by an independent custodian designated by the
Treasurer and held in safekeeping pursuant to a safekeeping agreement.
c. All financial institutions which provide safekeeping services for the District
shall be required to provide reports or safekeeping receipts directly to the
Treasurer to verify securities taken into their possession.
3.20.012.5 Authorized Investments
1. The District's authorized commercial bank in an interest bearing checking or savings
account. The Treasurer is authorized to make daily deposits and withdrawals for
purposes of the safekeeping of District monies and payments of District financial
obligations.
2. Local Agency Investment Fund(LAIF)—Deposits for the purpose of investment in
the Local Agency Investment Fund of the State of California Treasury may be made
up to the maximum amount permitted by State Treasury policy. Any LAIF
investments made by the District shall be considered to be short-term in nature
even if the LAIF has invested in individual longer-term securities. The Treasurer is
authorized to make regular transfers to and from LAIF up to the limit of transactions
established by the LAIF investment policy for purposes of meeting the District's daily
cash flow needs and earning interest on surplus funds.
3. Any other investments authorized and listed in the Government Code Sections
53600-53609. The Treasurer will consult with the Board of Directors when
recommending any of the investments within these sections other than subsections
1 and 2 above. From time to time,the Board may also consult with an investment
professional pursuant to Title 3.20.012.2 Section 1 a ii. Each investment will be
specifically authorized by the Board of Directors.
4. Bond proceeds and reserve funds will be invested only in permitted investments or
authorized investments defined in the Trust Agreement for each particular financing
which has previously been approved by the Board of Directors(Government Code
Section 53601 1).The Treasurer will consult with the Financial Advisor or Trustee on
the financing for investment recommendations to submit to the Board of Directors
for approval. The Treasurer is authorized to invest funds in a money market fund or
LAIF with the Trustee pending investment of those funds in a longer-term
investment,which will be approved by the Board of Directors.
Title 3 Page 26
3.20.012.2 Statement of Objectives Per section 53600.5 of the California Government
Code,the primary objective of the Treasurer shall be to safeguard the principal of the funds
under his/her control when investing public funds. The secondary objective shall be to
meet all liquidity requirements and the third objective shall be to achieve an acceptablea
return on the funds under his/her control
In order of priority,three fundamental criteria shall be followed in the investment program:
1. Safety - Safety of principal is the foremost objective of the investment program.
Investments shall be undertaken in a manner that seeks to ensure the preservation
of capital in the overall portfolio. The objective will be to mitigate credit risk and
interest rate risk.
a. Credit Risk: The District will minimize credit risk,the risk of loss due to the
failure of the security issuer or backer, by:
i. Limiting investments to the safest types of securities.
ii. Pre-qualifying the financial institutions,broker/dealers,intermediaries and
advisers with which the District will do business(custodial risk).
iii. Diversifying the investment portfolio so that potential losses on individual
securities will be minimized (concentration of risk).
b. Interest Rate Risk: The District will minimize the risk that the market value of
securities in the portfolio will fall due to changes in general interest rates,by:
i. Structuring the investment portfolio so that securities mature to meet cash
requirements for ongoing operations, thereby avoiding the need to sell
securities on the open market prior to maturity.
ii. Investing operating funds primarily in shorter-term securities,money market
mutual funds, or similar investment pools.
2. Liquidity—In an effort to ensure that the District's portfolio will be sufficiently liquid to
meet current and anticipated operating requirements,periodic cash flow analysis will
be performed. Investments shall be made so that the maturity date is compatible
with cash flow needs and safety of principal.
3. Yield — Investments shall be undertaken to produce an acceptable rate of return
after first considering safety of principal and liquidity and the prudent investor
standard.
Investment Strategy—The portfolio will be managed to meet the District's
cash flow needs. The maximum maturity of any security will not exceed 5
years except as specifically noted below. All investment activity shall be
consistent with prudent investor standard and in accordance with the
authorized investments included under District Code 3.20.012.5.
Title 3 Page 24
3.16.030.7(C)The Treasurer shall list on the agenda any invoice for purchases that
have not been made in accordance with the District's purchasing policies as set
forth in Title 3, Chapter 3.08, Purchasing.
3.16.030.7(D) Semi-annual budget reports showing the status of budgeted
expenditures compared to actual expenditures will be presented at a board
workshop after the close of the June and December financial records.
3.16.030.7(E)Semi-annual financial statements showing the status of all revenues
and expenditures in the format of financial statements using generally accepted
accounting principles for utilities after the close of the June and December financial
records.
CHAPTER 3.20
INVESTMENTS
Sections:
3.20.005 Local Agency Investment Fund Investments
3.20.008 Fund Transfers
3.20.010 Investment of Surplus Funds
3.20.012 Investment Policy
3.20.005 Local Agency Investment Fund Investments
3.20.005.1 Authorization has been given for the deposit and withdrawal of monies in the
Local Agency Investment Fund (LAIF) in the State Treasury in accordance with the
provisions of Section 16429.1 of the Government Code for the purpose of investment as
stated therein.
3.20.005.2 Any two of the following officers or employees of the District,the President of
the Board, the General Manager or the Treasurer, may execute documents to add or
delete District accounts and authorized persons to make transfers to and from those
accounts with the LAIF.
3.20.008 Fund Transfers
3.20.008.1 The Board approved commercial bank(Bank)is requested to honor, execute
and process the District's telephonic,electronic,written or oral requests for the transfer of
funds between the accounts of the District at Bank and the Local Agency Investment Fund,
subject to such terms and conditions as may from time to time be agreed upon by the
District.
Title 3 Page 22
3.16.010.1(P)Bid items-where the Board has authorized a bid purchase and the
invoice excluding sales tax and shipping charges is less than or equal to the
authorized contract. Amounts billed above the bid amount must be approved by the
General Manager or the Board.
3.16.010.1(0)Monthly and annual building utility expenses for telephone,garbage,
heating,sewer collection and treatment(TTSA and TSD),cable,Internet and utility
bills paid to other agencies such as electric utility bills for pump stations and wells.
3.16.010.1(R)Items approved by the Board: Any items that have been approved by
the Board at a scheduled board meeting (e.g. property and liability insurance
renewal).
3.16.010.1(S) The General Manager may approve payments required in an
unpredicted emergency situation with subsequent notification to the Board.
3.16.010.2 Upon direction of the General Manager and receipt of an appropriate, signed
authorization in accordance with Section 3.08.010 of this policy,the District Treasurer shall
be empowered to issue checks up to $15,000 and, in instances where the Board of
Directors has issued authorization for an expenditure of$15,000 or greater.
3.16.010.3 All checks issued in any of the above categories will appear in the accounts
payable check register provided in the monthly Treasurer's Report to the Board of Directors
for approval. Supporting documents will also be available for Board review in the
Administrative Services Department.
3.16.020 Bills for Board Approval-Bills which may be controversial should be listed as a
special agenda item accompanied with the General Manager recommendation.
3.16.030 Accounts Payable
3.16.030.1 Upon presentation of invoices for goods and services and other financial
obligations of the District in the format prescribed in Title 3, Chapter 3.08, Purchasing,to
the Administrative Service Department,the Treasurer shall be authorized to issue payment
for such invoices
3.16.030.2 All payments for District financial obligations shall be processed through the
District's computerized accounts payable program. Prior to issuing checks, the District's
Accounts Payable Clerk will verify the entries for accuracy including verifying that the
correct vendor has been keyed into the system;that the amount of charges are correct and
that the total of the invoice is correct; that the sales and use tax has been calculated
correctly; that the appropriate authorization appears on the invoice;that the correct work
order number and account number or account number and activity code have been
assigned to the charges; and that the correct supporting documents are attached to the
invoice. The Accounts Payable Clerk will also verify that invoices greater than $10,000
have been approved by the General Manager and that invoices $15,000 and greater have
a Board authorized Minute Order attached showing the amount of the approved
Title 3 Page 20
3.12.010.4 If the bill remains unpaid after 60 days,the General Manager shall cause collection
proceedings to commence,which may include initiation of action at Small Claims Court.
3.12.010.5 The General Manager is authorized to act within his/her discretion to alter the time
periods set forth in this policy when a miscellaneous account customer is cooperating with the
District in resolving an unpaid bill
1.12.020 Delinquent Accounts Receivable-At the end of June and December of each --- Formatted:Indent:Left: -0.2°
year,the District Treasurer will have identified all delinquent accounts receivable on closed
accounts that are considered uncollectible that exist on the District's records for six months or
more. Any customer who is making payments on his/her delinquent account will not be added
to the delinquent account list until the customer stops making agreed upon payments.
1.12.020.1 The District Treasurer is authorized to write off delinquent accounts up to 1/6%of ~---- Formatted:Indent:Left: -0.2"
the annual amounts billed from the District's accounts receivable balance.
1.12.020.2 The District Treasurer will include in the monthly Treasurer's Report the details of ------- Formatted:Indent:Left: -0.2"
the accounts written off including the customer names and the dollar amounts being written
off.
�.112.020.3 Should delinquent accounts exceed the authorized limit (1/6% of the annual
amounts billed from the District's accounts receivable balance), the request for approval to
write off such accounts shall come before the Board of Directors for consideration.
CHAPTER 3.16
ACCOUNTS PAYABLE
Sections:
3.16.010 Pre-authorized Disbursements
3.16.020 Bills for Board Approval
3.16.030 Accounts Payable
3.16.010 Pre-authorized Disbursements
3.16.010.1 The District Treasurer shall be empowered to issue checks,with authorization
from the approving authority,without prior Board approval for the following items:
3.16.010.1(A) Consumer deposits - deposit refunds with interest; reduction of
deposits.
3.16.010.1(B) Customer refunds - credit balances, overpayment of work orders,
refund of connection,facilities fees and tap fees where the customer has decided
not to build and the District staff has not incurred any expense and line extension
refunds.
Title 3 Page 18
3.08.100 Procurement Authorization During an Emergency
3.08.100.1 An "emergency" is a situation which poses an immediate risk to health, life,
property or environment. Most emergencies require urgent intervention to prevent worsening of
the situation. It is the General Manager's responsibility to take immediate action to protect
employees, customers and District property during an emergency.
3.08.100.2 During an emergency,the General Manager is authorized to repair or replace a
public facility,take any directly related and immediate action required by that emergency,and
procure the necessary equipment, services, and supplies for those purposes, without
immediate Board approval and without giving notice for bids to let contracts.
3.08.100.3 The General Manager will report to the Board of Directors within 48 hours any
and all actions taken to deal with the emergency.
3.08.100.4 If the General Manager takes any action to manage the emergency that would
otherwise require competitive bidding, the Board shall initially review the emergency action
taken not later than seven days after the action or, at its next regularly scheduled meeting if
that meeting will occur not later than 14 days after the action, and at least at every regularly
scheduled meeting thereafter until the action is terminated,to determine,by a four-fifths vote,
that there is a need to continue the action, unless the General Manager has terminated that
action prior to the Board reviewing the status of the emergency.
3.08.100.5 It is the District's intent to comply with all sections of the Public Contract Code
Section 22050 in managing emergency situations.
CHAPTER 3.10
CAPITALIZATION POLICY
Sections:
3.10.010 Procedures
3.10.020 Capitalization requirements
3.10.010 Procedures shall be followed in determining which purchases should be capitalized or
expensed in the year purchased in accordance with generally accepted accounting practices.
3.10.020 It is the District's policy that the following procedure will be followed in determining if a
purchase meets the necessary requirements for capitalization:
ASSET CLASS MINIMUM COST
Office Equipment $2,500.00
Tools $2,500.00
Equipment $5,000.00
Title 3 Page 16
yield significant information for the staff committee to consider and similarly recommend to the
GINS General Manager that interviews are not necessary.
3.08.070.12 When interviews are to be conducted, the CAC shall contact the short-listed
consultants and schedule interviews. The date, time and duration of the interviews shall be
determined by the Department Manager in conjunction with the staff committee. The staff
committee shall also create a proposed outline and list of any questions to be posed to the
short listed consultants.
3.08.070.13 After completion of the interviews, the staff committee shall determine a
recommended consultant for presentation to the Board of Directors. This recommendation
shall be based upon the individual consultant's weighted scoring and their overall proposed
cost.
3.08.070.14 The Department Manager shall prepare a memorandum and appropriate
documentation for presentation to the Board. The memorandum shall summarize the following:
• Work to be performed by the Consultant. ------ Formatted:Indent:Left: 0.3"
• Number of proposals received.
• Ranking of consultants on a technical basis.
• Recommended Consultant and expected cost thereof.
• If the recommended consultant is not the Number 1 ranked firm on technical merit,the
_memorandum shall describe the rationale used to develop the recommendation.
3.08.080 Change Orders-The District cannot afford to maintain a large enough construction
crew or all types of service related skills to be able to undertake all projects and services in-
house. Therefore, it relies on contractors and service providers to perform work. These
contractors and service providers perform work in accordance with plans and specifications and
based on a fixed price contract.
There are occasionally circumstances encountered after a contractor or service provider has
begun work that requires a change in the plans and specifications or scope of work and result
in a change in the contract price. These changes are generally matters that could not be
anticipated nor planned during the design and specification phase of the project.
The contract change order is the procedure whereby plans and specifications or scope of work
and contract price can be changed after the contract is executed and work has commenced.
The Board of Directors authorizes the execution of contract change orders when the total cost
of the change orders will be$15,000 or greater.
Most contract change orders are such that their consideration by the Board can wait for a
regular Board meeting. However, under certain circumstances it is to the District's benefit to
permit the General Manager to authorize the Department Head to proceed with change order
work or to request a special board meeting to consider the matter.
Work can proceed on a contract change order prior to being reviewed by the Board of Directors
under the following circumstances:
Title 3 Page 14
3.08.050.3 The General Manager shall review the memorandum and if he/she approves the
special services,shall determine whether to enter into the agreement for special services with
or without seeking proposals from potential special service providers.
3.08.050.4 If the General Manager determines that no proposals are necessary,then he/she
may enter into an agreement for the special services up to his/her Board authorized spending
limit. Should the amount exceed the General Manager's spending limit,approval to enter into
an agreement will be brought to the Board of Directors for their consideration.
3.08.050.5 If the General Manager determines that proposals are necessary,then he/she shall
follow the procedures set forth in 3.08.070.3 through 3.08.070.13 for preparing and issuing a
Request for Proposals(RFP)and reviewing proposals.
3.08.060 Joint Purchasing with the State of California and Other Public Agencies-The
District may purchase materials, equipment, supplies, information technology products and
services through the State of California procurement program and jointly with other public
agencies in accordance with the following procedures.
3.08.060.1 Notwithstanding any other provision of this Chapter, the District may purchase
materials, equipment or supplies, other than printed material, from the State of California
through its procurement program under Public Contract Code Section 10324 and jointly with
other public agencies, provided that:
3.08.060.1(A)The District approves specifications for any purchase of materials,equipment or
supplies, information technology products and services;
3.08.060.1(B)The cost of such items is fifteen thousand dollars ($15,000)or more and the
purchase is approved by the Board of Directors;
3.08.060.1(C)The State or public agency has solicited or advertised for bids in a manner which
complies with the competitive bidding requirements applicable to the District; and
3.08.060.1(D)The State or public agency purchases such items at a price reasonably expected
to be lower than the District can obtain through its purchasing procedures.
3.08.060.2 The District shall reimburse the State or other public agency for any charge made to
the District for purchasing services.
3.08.060.3 Notwithstanding any other provisions of this Chapter, the District may purchase
materials,equipment,supplies,information technology products,programs and services other
than printed material,from the State of California through its procurement program, or jointly
with other public agencies,when the cost of such items is less than fifteen thousand dollars
($15,000)when the District determines that it is in its best interests to do so.
3.08.070 Process and Procedure for Retention of Consulting Services
3.08.070.1 Department Manager determines need for outside consulting services.
Title 3 Page 12
3.08.020.2 The purchase order shall be issued to the lowest responsive vendor taking into
consideration price and payment discount terms and delivery schedule.
3.08.020.3 Purchase orders for the purchase of commodities or equipment,with a value of ten
thousand dollars($10,000)or less, may be issued by the General Manager,any Department
Head or the authorized Buyer/Clerk from any approved vendor after considering price,terms
and delivery schedule.
3.08.020.4 Should overruns or change orders expect to exceed authority of the party issuing
the purchase order, the next higher level of authority shall be notified for their approval to
continue.
3.08.030 Bid Procedure for Issuance of Service Contracts Over$15,000-Prior to entering
into a contract for services, with a value exceeding fifteen thousand dollars ($15,000), the
following procedures shall be followed:
3.08.030.1 The term "services" includes, but is not limited to, construction, maintenance or
repair of District facilities,but does not include professional services such as legal,engineering,
architectural, landscape architecture, land surveying, construction project management,
accounting, financial, economic, energy advisory, information technology, environmental,
payroll services and administrative services as included within California Government Code
Sections 4525, 4526 and 53060.
3.08.030.2 When a Department Manager or the authorized Buyer/Clerk determines that there
is a need to issue a contract for a service to be performed the dollar amount of which is fifteen
thousand dollars ($15,000) or greater, he/she shall notify the General Manager by
memorandum which states the purpose of the service, the budget or work order account
number to be charged and the plan and/or specification of the service to be performed.
3.08.030.3 The General Manager shall review the memorandum and,subject to the provisions
of Section 3.08.030.4, if he/she approves of the service, shall cause a public notice to be
published in a local newspaper of general circulation requesting interested parties to submit
sealed bids.The bids shall be publicly opened and read at the date,time and location specified
in the public notice. The notice will also be posted on the District's website.
3.08.030.4 If the service is such that plans and/or specifications need to be prepared by a
consultant and the cost of the consulting service is fifteen thousand dollars ($15,000) or
greater, the General Manager shall submit the matter to the Board of Directors for approval
before authorizing the consultant to proceed.
3.08.030.5 If the service to be contracted is of a nature that will likely attract bids from local
service providers, the public notice shall be in small display ad form in a local newspaper of
general circulation. In addition, advertisements or notices may be made in appropriate trade
journals and depending on the scope of the project, copies of bid documents will be sent to
local plan room libraries.If the project is not likely to attract local bidders,the ad is to be placed
only in the public notice section of the newspaper and in appropriate trade journals. In either
case,the notice will be posted on the District's website.
Title 3 Page 10
3.06.6 Transacting Authority
The General Manager has the authority to purchase and sell energy products for
terms of up to two years under open purchase contracts. Authority to enter into
transactions must be based on District Board of Directors approved contracts
such as master agreements,purchase agreements or other contractual forms. In
all cases the District Code provides the final authorization rules and regulations
for energy purchases.
3.06.7 Conflict of Interest
Personnel involved in transacting and oversight of the District energy supply
resource acquisition products may not engage in financial conflicts of interest,
unless the District Board of Directors are duly informed and it elects to waive
such conflicts. All personnel in procuring or selecting counterparties for
contracting or transacting are required to complete,on an annual basis,the Form
700 Disclosure forms and submit these forms to the District Clerk.The General
Manager is responsible for routinely reviewing the Form 700 of each personnel
engaged in the supply resource decision-making process for the purpose of
identifying potential conflicts of interest. District Counsel will assist the General
Manager in reviewing these forms and providing legal advice in connection with
such reviews.
CHAPTER 3.08 (314/09,Res 2009-10)
PURCHASING
Sections:
3.08.000 Notification to Board of Directors
3.08.010 Bid Procedure for Purchase of Commodities or Equipment Over
$15,000
3.08.020 Procedure for Purchase of Commodities or Equipment Under
$15,000
3.08.030 Bid Procedure for Issuance of Service Contracts Over$15,000
3.08.040 Procedure of Issuance of Service Contracts Under$15,000
3.08.050 Procedure for Entering into an Agreement for Special Services
3.08.060 Joint Purchasing with the State and Other Public Agencies
3.08.070 Process and Procedure for Retention of Consulting Services
3.08.080 Change Orders
3.08.090 Contractor Insurance Requirements
3.08.100 Procurement Authorization During an Emergency
3.08.000 Notification to Board—Prior to or concurrent with going to bid or issuing an RFP,
staff will notify the Board of Directors.
TiBe 3 Page 8
3.06.3 Counterparty Credit Policy
The objective of the Counterparty Credit Policy is to minimize the potential adverse
financial impacts on the District in the event of a defaulting counterparty. The District
will strive to use Joint Power Agencies(NCPA or UAMPS)to check Counterparty Credit
and meet the objective of this policy.
The policy is to minimize the District's credit exposure and potential adverse financial
impacts by:
1. Establishing credit risk management governance and oversight.
2. Providing a procedure to enable the District to qualify energy suppliers and
transact with approved counterparties in a uniform and equitable manner.
3. Providing counterparty transaction parameters(limits)to control and measure
the District's exposure to any one supplier, and
4. Implementing a mechanism to monitor and report on supply portfolio related
counterparty credit exposure.
This policy applies to market-based commodity transactions as well as to physical asset-
based transactions, such as transmission capacity and generation ownership.
3.06.4 Transacting Policy
3.06.4(A)Anti-Speculation
Speculative buying and selling of energy products is prohibited. Speculation is
defined as buying energy not needed for meeting forecasted load or selling
energy that is not owned. In no event shall transactions be entered into to
speculate on market conditions.
3.06.4(B)Maximum Supply Transaction Term
The maximum term of any supply transaction, either purchase or sale, shall be
ten years exclusive of options to extend, unless specifically approved by the
District Board of Directors,to meet long-term portfolio planning objectives.
3.06.4(C) Portfolio Performance and Value Reporting
The Electric Utility Manager shall prepare performance reports containing
analysis of physical and financial positions of all electric contracts.Reports shall
be annually, unless the ratio of the market value of a contract falls outside the
risk limits prescribed by the District Board of Directors,then the General Manager
shall inform the Board of this fact and recommend actions.
3.06.4(D)Competitive Process
Whenever possible,the Electric Utility Manager with the assistance from NCPA
or UAMPS or other entities approved by the Board shall obtain three or more
quotations when making a purchase or sale transaction and select the best price
from a responsible qualified bidder.
Title 3 Page 6
3.04.01.3 Audit Presentation—The audit firm will present the results of the annual audit to
the Board of Directors at a Board meeting in draft form. The Board may adopt the audit as
presented or schedule the adoption of the annual audit at a future meeting.
3.04.01.4 Publication of Annual Audit-A summary of the annual audit shall be published in
a local newspaper of general circulation within 30 days after completion of the audit and
approval by the Board. The complete audit will be made available on the District's website,to
the District's lenders and to any person or organization that requests a copy. Duplication fees
will apply.
CHAPTER 3.05
GOVERNMENT ACCOUNTING STANDARDS BOARD(GASB)
Periodically, the Government Accounting Standards Board (GASB) issues new accounting
rules for recording financial transactions that must be implemented by government agencies.
Each year,during the audit presentation process,any known new GASB accounting standards
that are required to be implemented during the current or future years will be discussed with the
Board of Directors. In the absence of GASB accounting rules,the District is required to follow
Financial Accounting Standards Board (FASB) accounting rules to record accounting
transactions.
CHAPTER 3.06
ELECTRIC SUPPLY PROCUREMENT
Sections:
3.06 General- It is the objective of the District to:
1. Provide an adequate—, reliable and high quality electric supply and distribution
system to meet current and pFsjeeAed future needs, - _ Formatted:Font:Not Bold
2. Assure that no activities related to energy supply purchase and sales will expose
the District to the possibility of large financial losses in relation to the size of the
electric supply reserve fundsY Formatted:Font:Not Bold
----------
3. Maintain and implement a long-term energy and load forecast.
4. Maintain and implement an Electric System Master Plan, including the required
facilities to meet the current and pFej9stedfuture demand and reliable supply.
5. Procure and contract for low cost electric power supplies to reliably meet current
and future loads consistent with the Renewable Portfolio Standards.
6. Seek power supply from a resource mix that satisfies District Renewable Portfolio
Standard(RPS), Code Section 7.83.
3.06(A) RPS Supply Objectives:
1. Maintain reliable overall energy supply portfolio
2. Minimize adverse impact of acquiring new energy resources on customer
electric rates.
Title 3 Page 4
Debt Goals
• Separate debt that is serving development (facilities fees), debt serving current
customers(rates), debt serving a special assessment district(assessments)and debt
financed by billing surcharges. These categories of debt should be separately identified
in the budget.
• One-half the debt service for all long-term debt in the aggregate is due in the first ten
years
• No more than one half the projected annual facilities fee revenue committed to debt
service
• No more than twenty-five percent of general fund revenues committed to debt service
• No debt more than 25 year maturity
• No debt longer than useful life of the project
Cash Reserve Goals-Operations
• Water general fund should have a cash reserve equal to twice the highest month
budgeted expenditure(this will probably be the month in which principal and interest on
debt is due)
• Electric general fund should have a cash reserve equal to twice the highest month
budgeted expenditure(This will be the month in which the highest wholesale electric bill
is due plus the highest debt service payment)
• Electric rate stabilization fund(aka Electric Rate Reserve)should maintain a balance of
$3,000,000
Capital Reserve Goals
• There should be a revolving water capital reserve fund in the amount of$4,000,000 to
permit projects to be initiated and funded prior to arrangement of long-term debt or other
financing.
• There should bean electric capital reserve fund in the amount of$1,000,000 minimum.
Debt Reserve Goals
• There should be a reserve fund for each debt instrument in an amount required by each
lender.
• A reserve fund should be established and maintained to pay for vehicle and equipment
purchases as needed. Long term financing should be used when necessary and the life
of the asset purchased is greater than 15 years.
Title 3 Page 2
ITitle 3 Board Actions:
Resolution 2008-19,July 2,2008 replaces:
Resolutions 1979-11,1981-10,1984-44,1988-17,1990-16,1990-31,1991-08.1995-22,1995-26,
1996-11,1997-18,1997-20,1998-07,1999-11,2003-17,2004-39,2006-20,2006-33,2007-34
Minute Orders 89-43,89-44,88-187,94-13,95-103
Board direction, 12/5/78
Title 3 Page 30
Title 4, Personnel
f
TITLE 4
PERSONNEL
(Resolution 2008-04, May 7, 2008)
Chapter 4.1 —GENERAL ADMINISTRATION
4.1.1 Introduction
4.1.2 Personnel Administration and Delegation
4.1.3 Personnel Records
4.1.4 Medical Records
4.1.5 Coordination with Memorandum of Understanding
4.1.6 Release of Employee Information
Chapter 4.2—EMPLOYMENT NON-DISCRIMINATION
4.2.1 Equal Employment Opportunity Policy
4.2.2 Discrimination, Harassment and Retaliation Policy
Chapter 4.3—JOB DESCRIPTIONS
4.3.1 Job Descriptions
Chapter 4.4—RECRUITMENT AND EXAMINATIONS
4.4.1 Recruitment of Department Heads
4.4.2 Recruitment of Management Employees
4.4.3 Bargaining Unit Employees
4.4.4 Application Forms
4.4.5 Examinations
Chapter 4.5-APPOINTMENTS AND PROBATIONARY PERIOD
4.5.1 Pre-employment Physical Examinations
4.5.2 Pre-employment Background Investigations
4.5.3 Nepotism/Fraternization
4.5.4 Probationary Period
Chapter 4.6—COMPENSATION
4.6.1 Compensation Plan
4.6.2 Payment of Salary
Chapter 4.7—EMPLOYMENT BENEFITS, HOLIDAYS,AND LEAVES
4.7.1 General
4.7.2 Insurance Plans
4.7.3 Retirement Plan
Title 4, Personnel
4.12.6 Workplace Violence
4.12.7 Driver' License Policy
4.12.8 Drug and Alcohol Free Workplace
4.12.9 DOT Testing Policy
3 Title 4, Personnel
4.1.5 Coordination with Memorandum of Understandinq
Where an employee is within the bargaining unit covered by a Memorandum of
Understanding (MOU) in effect between the District and the Union, and the matter is
specifically addressed in the MOU, the terms of the MOU shall govern. In all other
cases, the policies included herein shall apply.
4.1.6 Release of Employee Information
It is the policy of the District that all inquiries regarding current or former employees of
the District should be referred to the Human Resources Department for response.
(a)Human Resources staff will release only the facts of current or former---- Formatted:List Paragraph,Numbered+
employment, the position held, and dates of employment, unless the employee Level:1+Numbering Style:a,b,�,...+start
at:1+Alignment:Left+Aligned at: 0.25' +
or former employee has signed a written waiver authorizing the release of Indent at: 0.5°
additional information,
(b)Human Resources staff will provide additional information concerning quality of
work only with the prior written consent of the employee or former employee and
a signed Release of Information Authorization form is on file in the HR
Department.
(c)The Human Resources staff may authorize individual supervisors to respond to
requests for detailed information when a signed release is on file in the HR
Department.
(d)Home addresses or telephone numbers shall not be released except in the case
of an emergency.
5 Title 4, Personnel
• Submission to the conduct is made either explicitly or implicitly a condition of
employment;
• Submission to or rejection of the conduct by an individual is used as the basis for
an employment decision affecting such individual;
• Such conduct has the purpose or effect of substantially interfering with the
individual's work performance or creates an intimidating, hostile or offensive work
environment.
Other forms of prohibited harassment: Harassment because of any of the Protected
Bases is expressly prohibited. Harassment includes any verbal, written, or physical act
in which any of the Protected Bases is referred to or implied in a manner that would
make another person uncomfortable in the work environment or that would interfere with
another person's ability to perform his or her job. Examples of harassment include
inappropriate comments or jokes; the display or use of offensive objects or pictures; use
of offensive language; or any other inappropriate behavior which has the purpose or
effect of discriminating on any of the Protected Bases.
How to report instances of harassment or retaliation:The District cannot resolve matters
that are not brought to its attention. Any employee, regardless of position, who has a
complaint of or who believes he or she has witnessed harassment, discrimination or
retaliation at work by anyone, including supervisors, managers, employees or even non-
employees, has a responsibility to immediately bring the matter to the District's
attention. If the complaint or observation involves someone in the employee's direct line
of command, or if the employee is uncomfortable discussing the matter with his or her
direct supervisor, the employee is urged to go to the General Manager or the Human
Resources Administrator.
How the District will investigate complaints: The District will thoroughly and promptly
investigate all concerns or complaints under this policy. If an investigation confirms that
misconduct has occurred, the District will take corrective action as appropriate, up to
and including immediate termination of employment.
Complaints under this policy will be kept as confidential as possible. Information will be
released only on a "need to know" basis, and no employee will be subject to retaliation
by the District because he or she has made a report or complaint under this policy.
No retaliation: It is strictly against District policy to retaliate against anyone who reports
or assists in making a complaint of prohibited harassment, or who participates in the
investigative process under this policy. Prohibited retaliation may include, but is not
limited to, withholding pay increases, negative evaluations, onerous work assignments,
withdrawing friendly courtesies, demotion, discipline, or dismissal. The District does not
tolerate retaliation, and violation of this Policy will result in discipline up to and including
termination. Anyone who feels that her or she has been subjected to retaliation should
bring this to the General Manager's attention.
7 Title 4, Personnel
4.4 RECRUITMENT AND EXAMINATIONS
4.4.1 Recruitment of Department Heads
When a vacancy occurs in a department head position, the General Manager shall
review the job description to determine its continuing applicability and shall recommend
a salary range to the Board of Directors.
The Board of Directors shall adopt a salary range for the position. The position will be
publicized by such methods deemed appropriate by the General Manager or the Human
Resources Administrator.
The Human Resources Administrator shall appoint an interview committee. The
committee shall consist of the General Manager, one member of the Board of Directors,
and three additional persons. The three appointed persons should include a
department head of the District, an employee of the District who would be subordinate
to the new department head, and a peer professional of the new department head from
outside the District organization.
The initial screening of applicants will be performed by the interview committee. The
committee may utilize various testing methods that they deem appropriate in screening
applicants.
The District shall reimburse the candidates for reasonable costs to attend the interview.
The committee shall recommend the appointment of a successful candidate to the
General Manager or, in the alternative, may recommend that no candidate be hired and
that others be interviewed, or the process be initiated again. The committee shall set
forth its recommendations in writing.
The General Manager shall appoint a person to fill the vacancy. In making the
appointment, the General Manager shall give due consideration to the recommendation
of the interview committee. The General Manager is not bound by the decision of the
interview committee.
The General Manager shall report his decision to the Board of Directors.
4.4.2 Recruitment of Management Employees
Selection and placement of all management level employees will be through a
competitive and open process to select the most qualified candidate for the position.
The process shall include:
1. The hiring manager and Human Resources shall review the current job
description to ensure that it is current and meets the needs of the District. The
approval of the General Manager must first be obtained before any changes
9 Title 4, Personnel
4.5 APPOINTMENTS AND PROBATIONARY PERIOD
4.5.1 Pre-employment Physical Examinations
A physical examination, including appropriate drug testing, will be required for all
prospective employees after a contingent offer of employment is made and prior to
starting work. The District will select the health-care provider and the examination will
be at District expense.
4.5.2 Pre-employment Background Investigations
An applicant who has received a conditional offer of employment shall be required to
authorize the District to conduct a background check specifically related to the position
offered.
4.5.3 Nepotism/Fraternization
It is in the District's best interest to avoid conflicts of interest, favoritism or the
appearance of favoritism, and to decrease the potential for inappropriate or illegal
conduct in the workplace, including, but not limited to, sexual harassment.
Accordingly, no person will be considered for employment with the District who is
closely related to a member of the District's Board or is closely related to an existing
employee in positions that would create a conflict of interest.
For purposes of this policy, a close relative is defined as spouse or domestic partner,
children (stepchildren), parents (stepparents), siblings (step-siblings), grandparents or
grandchildren, or in-laws of the Board member or employee. Persons who cohabitate,
but are not married, are considered close relatives for purposes of this policy and
therefore subject to all restrictions and limitations.
In the event employees create a close relationship as described above after they are
hired by the District, the following provisions apply:
• The related employees cannot have a supervisory or reporting relationship with
each other;
• Neither employee can work in a position in which District information is privileged
or confidential and would present a conflict of interest on the part of either
employee.
If the relationship of two employees is determined to create a conflict of interest,
whether actual or potential, one of the employees will be required to terminate
employment. If the affected employees cannot decide which of them shall resign, the
employee with the shortest tenure with the District shall be terminated.
11 Title 4, Personnel
4.6 COMPENSATION
4.6.1 Compensation Plan
The General Manager shall maintain a compensation plan for all classes of positions.
The plan shall establish a salary range or rate of pay, showing minimum and maximum
rates for each class. The General Manager shall submit the compensation plan to the
Board of Directors for approval.
4.6.2 Payment of Salary
The calendar work week begins at 00:00 a.m. on Saturday and ends at 24:00 p.m.
Friday. The pay period for all employees shall be based on a bi-weekly period and will
be paid not later than seven(7)days following the end of the pay period.
13 Title 4, Personnel
4.7.4 Supplemental Income Plans
The District will provide a 401(a)or 457 plan with employer match of 100% up to 3.65%
of employee's wage.
Res. 2009-36(12-2-09)
15 Title 4, Personnel
employees. It is based on the NRECA PPO medical plan with $500 deductible per
person.
A retiree cannot leave the plan and then come back. Once time is broken on the plan,
the employee or retiree cannot come back on the medical plan.
If the retiree is paying for part of the medical coverage it will be collected through an
electronic fund transfer from the retiree's bank account on a monthly basis.
When the retiree is eligible for Medicare, it is mandatory that the retiree enroll for Part B
coverage.
Should the District change insurance plans or coverage, those changes will also apply
to retirees.
The vision benefit will remain the same without any monthly caps. i
Board members are not eligible for this benefit.
4.7.6 Longevity
In recognition of an employee's years of service, employees will receive a bonus of
$250 after completion of five (5) years of service. Continuing years of service shall
qualify for a$20 per year addition to this figure for the entire term of employment.
Longevity payments will be made as soon as possible after the first pay period of the
calendar year, but not later than the last day of January of the calendar year for those
employees who are eligible.
The date from which the employee was employed full time (regular and continuous
employment)shall be the governing date for purposes of this Policy.
4.7.7 Holidays
Following are the recognized paid holidays for all regular management employees:
New Years Day January 1
Presidents Day third Monday in February
Memorial Day last Monday in May
Independence Day July 4
Labor Day first Monday in September
Veterans Day November 11
Thanksgiving Day fourth Thursday in November
Day after Thanksgiving fourth Friday in November
Christmas Eve December 24
Christmas Day December 25
The Christmas Eve holiday shall be observed on the work day immediately prior to
the date of observing the Christmas Day holiday.
Res. 2009-36(12-2-09)
17 Title 4, Personnel
Employees appointed to an exempt position after the first of the year may be granted
leave on a prorated basis. Administrative Leave balances shall be adjusted when
employees separate employment prior to the end of the calendar year
4.7.10 Sick Leave
The District provides paid sick leave to all regular employees for periods of temporary
absence due to injuries or illnesses. Regular eligible employees will accrue unlimited
sick leave benefits from the date of hire at the rate of one day per month for each month
the employee remains in a pay status(12 days per year maximum).When an employee
is no longer being compensated during the major portion of any month by regular pay,
paid vacation, or any other form of paid leave the employee will no longer accrue sick
leave.
Eligible employees may request to use paid sick leave for absence due to:
a. The inability of an employee to be present or perform duties because of personal
illness, off-duty injury, or medical treatments.
b. The need for the employee to care for an illness or injury of an immediate family
member (child, spouse, domestic partner, or parent). Employees may use their
accrued sick leave, up to a maximum of six (6) days in a calendar year for this
purpose. Employees can accumulate unused family sick leave not to exceed six
days.
If an employee is absent for three or more consecutive days due to illness or injury, a
physician's statement may, at the supervisor's discretion, be required verifying the
employee's medical need to be off work, the beginning and expected ending dates of
the absence, and confirming the date that the employee may safely return to work.
4.7.10.1 Sick Leave Incentive Plan
Employees with low sick leave use who have worked a minimum of one full payroll year
can exchange sick leave for its cash equivalent annually according to the following
schedule:
Sick Leave Usage Sick Leave Conversion Credit
Zero(0)days Two(2)days
One(1)day One(1)day,four(4)hours
Two(2)days or less One(1)day
Three(3)days or less Four(4)hour
4.7.11 Family and Medical Leave
Any eligible employee may be granted a family and/or medical leave subject to the
provisions of the California Family Rights Act and the Family Medical Leave Act in effect
at the time the leave is granted.A family and/or medical leave may be granted for any of
the following reasons:
19 Title 4, Personnel
4.7.14 Military Leave
The District will provide military leaves of absence to employees who serve in the
uniformed services as required by the Uniformed Services Employment and
Reemployment Rights Act of 1994(USERRA)and applicable state laws.
4.7.15 Jury Duty
A regular employee will be paid his or her regular rate of compensation when
summoned to jury duty or by a subpoena to appear as a witness, unless the employee's
testimony is against the District's interest. The employee shall submit to the District any
payment received for jury duty, except mileage reimbursement.
4.7.16 Bereavement Leave
Regular employees will be granted three days bereavement leave with pay in the event
of a death in their immediate families or of a member of the employee's immediate
household at the time of death. For purposes of this policy, immediate family consists
of an employee's spouse or registered domestic partner, or the parent, foster parent,
sibling, child, step-child, half-sibling, or grandparent of either. In addition, such leave
may be extended to cover the employee's step-parent,foster child, or grandchild.
4.7.17 Industrial Injury Leave
The District will grant workers' compensation disability leave to employees with
occupational injuries or illnesses in accordance with state law.
Notice Requirement
Employees must report all on-duty accidents, injuries and illnessesi no matter how
small,-to their immediate supervisor as soon as possible.
• Compensation During Leave
If the employee is deemed eligible, Workers' Compensation benefits will begin with
the first day of absence following the day of the work-related injury/illness. The
combined amount of industrial disability and Workers' Compensation benefits paid
by the insurance carrier shall not exceed 85% of each employee's daily basic wage.
• Modified Duty
Temporary light duties may be assigned to industrially-injured employees when the
District determines that the work is available and such work in within the employee's
ability to perform. The duration of any such period of temporary work shall be
determined by the District, but in any event, modified duty will last no longer than six
months.
21 Title 4, Personnel
4.8 PERFORMANCE APPRAISALS
4.8.1 Employee Performance Evaluations
Performance evaluations are an inherent part of the ongoing supervision process by
which employees are informed of their performance expectations of them, and
periodically informed of their progress and any performance deficiencies.
The performance of every employee shall be formally evaluated in writing at the end of
the first three months and the first six months in a classification, and thean annually
thereafter. An employee's performance may also be formally evaluated at other than the
scheduled times for specific reasons.
The formal evaluation process should include adequate time for discussion before the
evaluation is finalized and the employee shall have an opportunity to respond to the
supervisor's evaluation after it is finalized.
The employee's signature on the evaluation form indicates that the employee has seen
the form and had the opportunity to discuss it with his/her supervisor, not necessarily
that the employee is in agreement with its contents.The employee shall be given a copy
of the evaluation,with the original being placed in the employee's personnel file.
An employee who is given a rating of less than satisfactory shall be given a written
Performance Improvement Plan (PIP) by their supervisor. The employee will have five
(5) working days to review the PIP, and will subsequently meet with the supervisor to
provide his or her comments. The employee may provide an attached statement
regarding the PIP. The PIP shall then be signed by the supervisor and the employee.
Failure to comply with the PIP will lead to disciplinary action.
4.8.2 Professional Development for Management Staff
Each member of the management staff is encouraged to prepare a plan of professional
development aimed at establishing and maintaining professional competence. The
General Manager shall review said plan with the relevant staff person and approve a
plan of professional development. The approved professional development plan may be
eligible for reimbursement by the District for up to 50% of the costs of tuition, fees and
books.
23 Title 4, Personnel
their personal interests, including the interests of their family members, and the
business interests of the District.
Employees must not seek any personal or family member benefit through any
arrangement with vendors, suppliers or other parties that have a business relationship
with the District.
In any situation where it may reasonably be perceived that there is a conflict of interest,
the employee is required to report that potential or actual conflict of interest to their
supervisor or the General Manager.
In addition to these general standards on conflicts of interests, employees shall abide by
the Conflict of Interest policy adopted by the Board of Directors)of the T-FUGkee DGRRer
PubliG Utility , District Code Title 2.
Confidentiality of Information Employees are frequently entrusted with confidential
information. This may include technical or financial information, personnel information,
medical information, customer lists and records, and other information that, if disclosed,
might be a violation of personal privacy, HIPAA laws, or could be potentially harmful to
suppliers, customers, Board members, employees or otherwise to the operations or
interests of the District. This information is the property of the District.
Employees shall not discuss District confidential information with or in the presence of
unauthorized persons, including family members and friends.
Employees shall use District confidential information only for the District's legitimate
business purposes and not for personal gain.
Employees shall not disclose District confidential information to third parties without
authorization.
Employees shall not use District information or other property or resources for any
personal gain or for the gain of any family member.
Customer Communications In communicating with our customers,the District is
committed that it shall:
Provide all information to which customers have a legitimate right.
Provide information that is accurate and understandable.
Financial Reporting and Recordkeeping The District shall
Follow generally accepted accounting principles and other prescribed rules and
regulations of other applicable regulatory bodies having jurisdiction.
25 Title 4, Personnel
expectation of privacy in any information they create or receive on the District's
systems.
Specific rules and procedures are detailed in the District's "Computer & Information
Technology Standards of Practice.
4.9.3 Personal Communication Devices
Cell Personal communication devices may be issued to employees to enhance
the efficiency and effectiveness of District communications. Department Heads shall be
responsible for determining the employee's need for a District provided self
phenedevice based on the business needs of the District. Employees who are issued
essuch devices are responsible for adhering to the following standards:
• Gell pheeesPersonal communication devices shall be used for appropriate
business sa4tspg oses.
• Personal sails-usage should be kept to a minimum; employees shall reimburse
the District for all personal Galls usage that result in a charge to the District.
• District enespersonal communication devices may not be used for
commercial profit or secondary employment.
Use of seR-ebe%Personal Communication Devices while operating a vehicle
• ,
phones whole GpeFating a VehiGle unless the driver as u6iRg a h-ands-free devir--te.
California State laws
prohibit the use of personal communication devices while driving unless using a
hands-free device. Employees are responsible for adhering to these laws.
4.9.4 Policy for Travel and Expenses
It is the District's objective to establish a policy governing employee travel and the
payment of travel and out-of-pocket expenses incurred by employees while involved in
official District business or while in attendance at authorized meetings or training.
Policy Content
(a) It is the policy of the District to enable employees
who are away from home on District business to travel comfortably and safely,
in an efficient and economical manner;
(b) Employees must obtain pre-approval from the department manager for travel
and expected business expenses before the expenses are incurred; and
27 Title 4, Personnel
Personal Automobile Use
Employees shall utilize District owned vehicles for business travel whenever possible. If
a District owned vehicle is not available, employees must have prior approval from the
General Manager before using their personal automobile. Drivers must have a valid
driver's license and adequate liability insurance. Motorcycles will not be authorized for
business travel.
Personal automobiles used on District business must be covered by liability insurance.
It is the employee's responsibility to have adequate automobile insurance. A copy of the
current Proof of Insurance must be furnished to the District by the employee indicating
coverage before using a personal vehicle for District business. The District will not be
responsible for any damage incurred to or by the employee's automobile in the course
of conducting District business.
Employees will be reimbursed at a rate per mile equal to the current IRS standard
mileage allowance. Such reimbursement cannot exceed the cost of air coach by the
most direct route if plane service is available and practical.
Employees will be reimbursed for all business-related parking and tolls, but not for fines
and penalties imposed for the violation of traffic and other laws.
Out of Town Travel
When deciding on a mode of transportation, District staff should utilize the most cost
effective means of transportation, while considering the travel time associated with the
trip. Air travel must be by coach or standard class. Alternate routes or additional stops
for the employee's benefit will be at the employee's expense, prorated to the most cost
effective direct route.
Hotels selected should be those that are recognized as reputable, reasonable in price
for the area, and conveniently located in relation to the employee's work assignment.
Rooms should be at the government rate(where available)for a single, standard room.
The District will not reimburse for alcoholic beverages or any expense considered
personal entertainment, including in-room movies. While employees are traveling, the
District will consider a telephone call to the employee's immediate family (spouse,
registered domestic partner, children, and parents) to be a business expense. These
calls are expected to be of reasonable length. Employees should use a cell phone or
phone card,with the standard hotel long distance service as the last resort.
Employees must use good judgment as to the reasonableness of costs for meals.
Gratuities should not exceed acceptable and customary practices. Employees are
encouraged to take advantage of meals included in the price of a business seminar or
conference, or in the cost of their hotel room. Meal reimbursements must include a
detailed/itemized receipt.
29 Title 4, Personnel
District management of any driving violations, citations, or accidents resulting in a
suspension or revocation of their driver's license.
If possible, the District will provide a vehicle for transportation to and from business
meetings, conferences, or other events that employees attend located away from the
office. If an employee drives his or her own personal vehicle, the District will pay the
current rate for mileage as set by the Internal Revenue Service.
Smoking is prohibited in District owned vehicles.
Seat belts shall be worn while driving or riding in all vehicles used for District business.
Employees that are subject to being called outside of normal work hours for
emergencies or other District business will be assigned vehicles to be driven to and
from their place of residence. These employees are:
• General Manager
• Assistant General Manager
• Electric Superintendent
• On-Call Lineman
• Electric Engineer
• Water Utility Manager
• Water Superintendent
• Water Engineer
• On-Call Water Technician
The General Manager can authorize any District employee, on occasion, to keep a pool
vehicle at their residence overnight when the situation arises that requires the employee
to conduct District business before or after regular work hours.
No employee shall be allowed to use an assigned vehicle for personal purposes other
than commuting and de-minimis personal use, such as a stop for a personal errand on
the way home. Once at the employee's residence, District vehicles shall only be used
for official District business or the return commute to place of business.
District vehicles shall be operated only by an authorized District employee. Employees
may occasionally have passengers that are a necessary part of the District's operations.
The District will comply with Internal Revenue Service statues in regards to reporting
employee vehicle use as a taxable fringe benefit.
The general manager is authorized to rule on any unforeseen situation that might arise
that is not covered in this policy.
Staff shall report to the Board annually of vehicle use and IRS compliance.
31 Title 4, Personnel
employees or equipment, or which adversely affects the employee's ability to
perform his/her job;
8. Falsifying information related to employment application, payroll or any other
work related record or report;
9. Discourteous or inappropriate treatment of the public or District employees;
10.Violation or neglect of safety rules or common safety practices;
11.Theft, dishonesty, or fraud;
12.Physical altercations or acts of aggression;
13.Engaging in discriminatory or harassing behavior in violation of state/federal
laws and/or District policy;
14.Substandard or inadequate job performance, including failure to perform
assigned tasks or training, or failure to discharge duties in a prompt,
competent, and reasonable manner;
15.Violation of the District's policies regarding drugs, alcohol, and/or tobacco
use;
16.Careless, negligent, or improper use of District property, equipment or funds,
including unauthorized removal, or use for private purpose, or use involving
damage or unreasonable risk of damage to property.
Progressive Discipline Procedures
The actions identified below reflect a logical progression from the least serious to the
most serious. In general, a supervisor's approach to matters requiring disciplinary action
will follow this progressive approach. The first steps of the disciplinary procedure are to
be regarded as corrective measures and are to be combined with appropriate
instruction which, if followed, would make further steps unnecessary. The seriousness
of the offense shall be taken into account by the supervisor, and the supervisor need
not necessarily proceed to the next level of disciplinary action upon the repetition of the
offense. In order for a supervisor to proceed to the next level of disciplinary action, the
offense need not be a repetition of a prior offense.
A Skelly meeting(as defined below)will generally precede disciplinary action involving a
loss of pay. However, suspensions of five days or less may be immediately
implemented providing that the Skelly procedure (as defined below) is then promptly
followed. Under certain conditions more severe disciplinary action may immediately
occur.
Forms of Disciplinary Action:
1. Verbal Reprimand —The verbal reprimand is considered informal discipline and notifies
the employee that his/her performance or behavior must be improved. This warning
defines the areas in which improvement is required, sets up goals leading to this
improvement and informs the employee that failure to improve will result in more serious
disciplinary action.
This is the first official step of disciplinary action. It shall be used to deal with minor
infractions of rules and practices. It is, in effect, a statement to the employee that he/she
33 Title 4, Personnel
Disciplinary Actions," or due to an accumulation of various violations. This action is
normally one of last resort, and shall only be taken when management is thoroughly
satisfied that the employee has been given every reasonable opportunity to meet
performance or behavior standards and clearly failed to do so.
Pre-Disciplinary Proceedings:
A public employee has certain procedural protections called "Skelly" rights before
serious discipline (i.e., a reduction in pay or suspension of more than five (5) working
days)may be imposed. Before such discipline is imposed, the employee has the option
to request an administrative meeting with the District whereby the employee (with or
without his/her representative) may respond to the charges with facts and/or other
information which he/she wishes the District to consider in deciding whether or not to
proceed with the proposed discipline.
The requirements of the Skelly procedure are satisfied as follows:
1. The employee receives advance notice of the proposed disciplinary action.
2. The notice states the reasons for the proposed action.
3. The notice contains the charges upon which the proposed action is based.
4. The employee is allowed access to any materials upon which the proposed
action is based.
5. The employee is afforded the right, either orally or in writing, or both, to respond
to the proposed charge(s)and the proposed disciplinary decision.
Skelly Notice
The notice requirements of Skelly are as follows:
1. The Skelly notice shall be in writing.
2. The letter shall set a date, time and place for the employee to respond to the
charges if he/she elects to do so. In order to allow the employee time to seek
advice and to prepare any oral or written response he/she may wish to make, the
date set for his/her response should be at least five working days from the date
the letter is sent. The letter shall contain a request that the employee give notice
if he/she elects to waive his/her right to respond orally.
3. The letter shall contain the notice of the proposed disciplinary action intended to
be taken.
4. The reasons for the proposed action must be set out. The part of the Skelly letter
setting out the misconduct with which the employee is charged must be factual
so that any person reading the letter will be able to determine the exact
misconduct charged.
5. The factual allegations of misconduct must specifically cite the District's particular
policy and/or"Causes for Disciplinary Actions"that the employee is charged with
violating.
6. The notice must advise the employee of his/her right to respond to the charges,
either orally or in writing.
35 Title 4, Personnel
If an employee wishes to appeal a disciplinary action, they may move the matter to
arbitration by filing a request for arbitration in writing with the General Manager. To be
timely, the request for arbitration must be received within fourteen calendar days of the
date of the Skelly Officer's decision.
As soon as reasonably possible after the matter has been referred to arbitration, the
parties or their designated representatives shall confer regarding the selection of the
arbitrator. If agreement cannot be reached, the parties shall request a panel of seven
arbitrators from the California State Mediation and Conciliation Service ("SMCS"). The
parties or their representatives shall alternatively strike from the SMCS list until one
name remains and that person shall serve as the Arbitrator.
At the Arbitration hearing, both sides shall be represented by the person of their choice
and shall be solely responsible for the costs associated with the presentation of their
case including but not necessarily limited to the costs associated with their
representative and any witnesses. The costs and fees associated with the Arbitrator
and court reporter shall be divided evenly between the parties.
The decision of the Arbitrator shall be final and binding, however, the Arbitrator shall
have no authority to add to, modify or delete any provisions of the District's codes or
policies.
37 Title 4, Personnel
4.12 EMPLOYEE SAFETY AND HEALTH
4.12.1 Safety and Loss Control
The purpose of this policy is to:
• Protect human life from injury and preserve property of the
District and the general public.
• To instill an awareness of the importance of safe work and loss control practices
in the operation of District facilities, and to establish the desire and expectation in
all employees to work safely.
• To educate and train District employees in proper job practices and procedures
through a continuing on-the-job training program.
• To comply with applicable federal, state and local regulations.
A comprehensive set of basic operating and safety rules and safe work practices that
address all aspects of District operation shall be developed, adopted and distributed to
all employees of the District. Each employee shall sign a receipt of acceptance
indicating they will follow and abide by the safety rules and work practices.
4.12.2 Injury and Illness Prevention Program
The District will maintain a comprehensive and continuous occupational Injury and
Illness Prevention Program (IIPP) for all employees. The health and safety of the
individual, whether in the field or office, takes precedence over all other concerns. The
District's goal is to prevent accidents and to eliminate personal injury and occupational
illness and comply with all safety and health rules and standards.
4.12.3 Wellness Program
To promote the wellness of its employees, the District will maintain an Employee
Wellness Program. The program shall include Health Risk Appraisals and a variety of
health and fitness-related activities. Participation by employees in
this program is voluntary.
4.12.4 Safety and Loss Committee
A Safety and Loss Control Committee shall be established that will include District
management and union employees and will meet at least monthly. The Committee will
annually update the Safety and Loss Control program.
A program of regularly scheduled safety and job training meetings shall be held to
educate District employees and maintain an awareness of job safety.
39 Title 4, Personnel
• Fighting or other physical violence or threat of physical violence;
• Threats of aggression or violence made"in jest".
It is the responsibility of all District employees to immediately report any threatening or
violent behavior they have witnessed or have knowledge of, occurring on District
property, worksites or connected to District employment, to their supervisor or
department head.
The incident will be investigated and documented by the appropriate management
employee, with all necessary steps taken to intervene in and/or remedy any potentially
hostile or dangerous situations.
4.12.7 Employee Driver's License Policy
The purpose of this policy is to maximize the safety of the District employees and
minimize potential liability exposures and District property damage potential connected
with the operation of vehicles used in the course of District business. Another purpose
of this policy is to assure that all employees operating vehicles while on District
business meet all licensing and driving qualifications.
It is a requirement for continued employment for every position with driving duties that
the employee maintains a valid driver's license. In addition, the District's policy is to
verify, at least annually, the DMV motor vehicle record (MVR)for employees who drive
for the District. This policy applies both to drivers of District owned vehicles as well as
employees using personal vehicles in the course of District business.
The General Manager or his or her designee shall administer this policy. The following
are minimum requirements:
1. All employee positions that include operation of a motor vehicle as part of their
duties for the District shall possess a valid state issued drivers' license;
2. An employee shall not operate a District vehicle or a personal vehicle for District
business if that employee's license is not valid for any reason; and,
All employees who drive for the District shall:
• Maintain the necessary license required by their job description;
• Authorize the District to obtain a MVR from the Department of Motor Vehicles
from the state of the employee's drivers' license;
• Immediately report to the General Manager or his or her designee any
suspension of driving privileges or other restriction on the employee's driver's
license that affects the employee's ability to perform his/her job.
41 Title 4, Personnel
4.12.9 Drug and Alcohol Testing Policy
Applicable to Commercial Motor Vehicle Drivers(CDL)Only
Purpose - It is the goal of the District to provide a healthy, satisfying work environment
that promotes personal opportunities for growth. In meeting these goals, it is the
District's policy to do the following:
• Assure that employees are not impaired by alcohol or prohibited drugs in their
ability to perform assigned duties in a safe and productive manner.
• Create a workplace environment free from the adverse effects of alcohol and
substance abuse or misuse.
• Encourage employees to seek professional assistance any time personal
problems, including alcohol or drug dependency, adversely affect their ability to
perform their assigned duties.
Included Persons—This alcohol and drug testing policy applies to all District employees
holding a commercial driver's license (CDL) and who operate a commercial motor
vehicle(CMV)as defined below.
This policy applies to full time, regularly employed drivers; casual, intermittent or
occasional drivers; leased drivers and independent, owner-operator contractors who are
either directly employed by or under lease to the District or who operate a CMV at the
direction of or with the consent of the District. For the purposes of pre-employment/pre-
duty testing only, the term driver includes a person applying to the District for a position
that entails the driving of a CMV for the District.
Prohibited conduct:
Alcohol: No driver shall:
• Report for duty or remain on duty requiring the performance of safety-sensitive
functions while under the influence of alcohol (e.g., having an alcohol
concentration of 0.04 or greater).
• Be on duty or operate a CMV while he or she possesses alcohol.
• Use alcohol while performing safety-sensitive functions.
• Perform safety-sensitive functions within 4 hours after using alcohol.
• After being required to take a post-accident alcohol test, the driver may not use
alcohol for 8 hours following the accident, or until he/she undergoes a post-
accident alcohol test,whichever occurs first.
43 Title 4, Personnel
Commercial motor vehicle is a motor vehicle or combination of motor vehicles used in
commerce to transport passengers or property if the motor vehicle:
• Has a gross combined weight of 26,001 or more pounds inclusive of a towed unit
with a gross vehicle weight rating of more than 10,000 pounds.
• Has a gross vehicle weight rating of 26,001 or more pounds.
• Is designed to transport 16 or more passengers, including the driver; or
• Is of any size and is used in the transportation of hazardous materials requiring
placards.
Confirmation test, for alcohol testing, is a second test that provides quantitative data of
alcohol concentration following a screening test with a result of 0.02 grams or greater of
alcohol per 210 liters of breath. For controlled substances testing, it is a second
analytical procedure to identify the presence of a specific drug or metabolite which is
independent of the screen test and which uses a different technique and chemical
principal from that of the screen test in order to ensure reliability and accuracy.
Controlled Substance, for the purpose of this policy is marijuana, cocaine,
amphetamines, opiates, or phencyclidine(PCP).
Covered employee is an employee subject to the requirements of applicable Federal
law, and this policy.
Driver is any person who operates a commercial motor vehicle, This includes, but is not
limited to:full time, regularly employed drivers; casual, intermittent or occasional drivers;
leased drivers and independent, owner-operator contractors who are either directly
employed by or under lease to the District or who operate a CMV at the direction of or
with the consent of the District. For the purposes of pre-employment testing, the term
driver includes a person applying to drive a CMV for the District.
Employer is the District.
Evidential breath testinq device (EBT) is a device approved by the National Highway
Traffic Safety Administration (NHTSA)for the evidential testing of breath and placed on
NHTSA's"Conforming Products List of Evidential Breath Measurement Devices"(CPL).
Medical review officer (MRO) is a licensed physician (medical doctor or doctor of
osteopathy) responsible for receiving laboratory results generated by an employer's
drug testing program and who has knowledge of substance abuse disorders and has
appropriate medical training to interpret and evaluate an individual's confirmed positive
45 Title 4, Personnel
• All time repairing, obtaining assistance, or remaining in attendance upon a
disabled CMV.
Screening test (a.k.a. initial test) in alcohol testing is an analytical procedure to
determine whether a driver may have a prohibited concentration of alcohol in his or her
system. In controlled substance testing, it is an immunoassay screen to eliminate
negative urine specimens from further consideration.
Substance abuse professional is a licensed physician (medical doctor or doctor of
osteopathy), or a licensed or certified psychologist, social worker, employee assistance
professional, or addiction counselor(certified by the National Association of Alcoholism
and Drug Abuse Counselors Certification Commission) with clinical experience in the
diagnosis and treatment of alcohol and controlled substances-related disorders.
Violation of the Policy
Immediate Consequences of Violating this Policy
A driver who violates this policy shall not perform, and will not be permitted to perform, a
safety-sensitive function for the District. A driver removed from performing safety-
sensitive functions because of a rule violation occurring in a 26,001 pound or greater
vehicle in interstate or intrastate commerce, also is prohibited from driving a 10,001
pound or greater vehicle in interstate commerce.
The driver violating this policy must be advised by the District of the resources available
in evaluating and resolving the problem. This must include the names, addresses, and
telephone numbers of substance abuse professionals and counseling and treatment
programs. The District is not required to provide referral, evaluation, and treatment for
applicants who refuse to submit to or fail a pre-employment test.
The driver violating this policy must be evaluated by a substance abuse professional
(SAP) who shall determine what assistance, if any, the employee needs in resolving
problems associated with alcohol misuse and drug use. The SAP who determines that
a driver needs assistance shall not refer the driver to his/her private practice or any
organization in which the SAP has a financial interest for assistance.
The driver may be subject to disciplinary action under the terms of the District's
disciplinary procedure. An employee who tests positive for alcohol or drugs for the first
time must comply with the administrative requirements of rehabilitation, but will not be
disciplined solely on the basis of the positive test result. Absent extenuating
circumstances, a second positive result within a five-year period will be grounds for
disciplinary action, up to and including termination.
47 Title 4, Personnel
• The name and address of the program, which is generally the driver's prior
and/or current employer.
• Verification that the driver participates or participated in the program.
• Verification that the program conforms to the required procedures.
• Verification that the driver is qualified, including that the driver has not refused to
submit to an alcohol or drug test.
• The date the driver was last tested for alcohol and drugs.
• The results of any drug or alcohol test administered in the previous 6 months,
and any violations of the alcohol misuse or drug rules.
If the District uses a driver more than once a year, but does not employ the driver, it
must assure at least once every 6 months that the driver does participate, or has
participated, in a drug testing program that meets the requirements of these regulations.
Post-Accident
Testing is required as soon as practicable following an accident involving a CMV of
each surviving driver when either:
• The accident involved a fatality; or
• The driver receives a citation under state or local law for a moving traffic violation
arising from the accident and an individual suffers a bodily injury and immediately
receives medical treatment away from the scene; or
• The driver receives a citation under state or local law for a moving traffic violation
and the CMV is required to be towed from the scene of the accident.
Nothing in the regulations should be construed as to require the delay of necessary
medical attention for injured people following an accident. Also, the driver is not
prohibited from leaving the scene of an accident for a period necessary to obtain
assistance in responding to the accident, or to obtain necessary emergency medical
care.
In lieu of administering a post-accident test, the District may substitute a test
administered by on-site police or public safety officials under separate authority. The
District may substitute a blood or breath alcohol test and a urine drug test performed by
49 Title 4, Personnel
In the event a driver, who is selected for a random test, is on vacation, lay-off, or an
extended medical absence, the District will select another driver for testing. The District
shall document that the driver was ill, injured, laid off, or on vacation and that the driver
was in the random selection pool for that cycle.
Reasonable Suspicion
Drivers must submit to an alcohol or drug test when the District has reasonable
suspicion to believe that the driver has violated the prohibited conduct as outlined in this
policy. A trained supervisor or the General Manager are required to make the
observations necessary to substantiate a reasonable suspicion and the observations
must be further substantiated by the observations of a second trained supervisor unless
extenuating circumstances apply.
Reasonable suspicion:
• The District's reasonable suspicion shall be based on specific,
contemporaneous, articulable observations concerning the appearance,
behavior, speech, or body odors of the driver.
• The reasonable suspicion determination shall be made by a trained supervisor or
the General Manager and substantiated by an opinion from a second trained
supervisor.
• The mere possession of alcohol does not constitute a need for reasonable
suspicion testing, which must be based on observations concerning the driver's
appearance, behavior, speech, or body odor.
Reasonable suspicion must be determined during, just before, or just after the driver
performs safety-sensitive functions.
Alcohol Test: If reasonable suspicion is observed but a reasonable suspicion test has
not yet been administered, a driver shall not perform safety-sensitive functions until an
alcohol test is administered and the driver's alcohol concentration measures less than
0.02, or 24 hours have elapsed following the determination of reasonable suspicion.
Drug Test: the documentation of the driver's conduct must be prepared and signed by
the witness within 24 hours of the observed behavior, or before the results of the drug
test are released,whichever is earlier.
Return-To-Duty Testing
51 Title 4, Personnel
Follow-up tests need not be confined to the substance involved in the violation. If the
SAP determines that a driver needs assistance with a poly-substance abuse problem,
the SAP may require, for example, alcohol tests to be performed along with the required
drug tests after the driver has violated the drug testing prohibition.
Follow-up testing for alcohol shall only be performed when the driver is performing
safety-sensitive functions, or immediately prior to performing or immediately after
performing safety-sensitive functions.
Alcohol Testing Procedure
Preparation for Testing
• The employee is required to show positive identification when arriving at the test
site.
• The employee may also request the Breath Alcohol Technician (BAT) to show
positive identification.
• The BAT shall then explain the testing procedure to the employee.
• The BAT must supervise only one employee's use of the Evidential Breath
Testing device(EBT)at a time.
• The BAT is not to leave the testing site while the test is in progress.
Administration of the Initial Test
Steps 1 and 2 of the Breath Alcohol Testing Form are to be completed. A refusal by an
employee to sign the certification in Step 2 of the form shall be regarded as a refusal to
take the test.
• Non-evidential screening devices may be used for the alcohol screening test,
provided they are approved by the National Highway Traffic Safety
Administration(NHTSA).
• Devices approved by the NHTSA are placed on the"Conforming Products List of
Alcohol Screening Devices."
• Confirmation tests must be done using an evidential breath testing device.
Depending on whether the result is less than 0.02, or 0.02 or greater, the following shall
be done:
53 Title 4, Personnel
Chain of Custody - The appropriate drug testing form shall be utilized from time of
collection to receipt by the laboratory and that, upon receipt by the laboratory, an
appropriate laboratory chain of custody form(s) account(s) for the sample or sample
aliquot within the laboratory.
Preparation for Testing
Use of a clean, single use specimen bottle that is securely wrapped until filled with the
specimen.
Use of a tamper proof seal system designed in a manner that the specimen bottle top
can be sealed against undetected opening and the bottle allowing for identification of
the test subject, either by number or by some other confidential mechanism.
Use of shipping container in which one or more specimens and associated paperwork
may be transferred, and which can be sealed and initialed to prevent undetected
tampering.
Written procedures and instructions for collection site person.
Initial Screen - Every specimen is required to undergo an initial screen followed by
confirmation of all positive screen results. The initial screen process must use
immunoassay.
Confirmatory Tests -All specimens identified on the initial screen must be confirmed by
gas chromatography/mass spectrometry(GC/MS)at the cut-off levels shown in the next
table. All confirmations must be quantitative in their analysis, which means that the
specific, scientific level of drug contained in the collected specimen must be known.
Reporting of Test Results
Both positive and negative test results must be reported directly to the District's Medical
Review Officer(MRO)within an average of 5 working days.
• The MRO must be a licensed physician and possess knowledge of drug abuse
disorders. The MRO, who may be an employee of the District or one contracted
to provide the services required, principally services as an arbiter between the
laboratory and the District.
• It is the primary responsibility of the MRO to review and interpret positive results
obtained from the laboratory.
55 Title 4, Personnel
If the employee makes such a request, the MRO shall direct, in writing, the laboratory to
provide the split specimen to another certified laboratory for analysis.
If the analysis of the split specimen fails to reconfirm the presence of the drug(s)or drug
metabolite(s) found in the primary specimen, or if the split specimen is unavailable,
inadequate for testing or un-testable, the MRO shall cancel the test and report
cancellation and the reasons for it to the DOT, the District, and the employee. A
canceled report is neither a negative nor a positive test. A sample that has been
rejected for testing by a laboratory is treated the same as a canceled test.
Notification of Test Results
If an MRO, after making and documenting all reasonable efforts, is unable to contact a
tested person,the MRO shall contact a designated management official of the District to
arrange for the individual to contact the MRO prior to going on duty. The MRO may
verify a positive test without having communicated with the driver about the results of
the test if:
• The driver expressly declines the opportunity to discuss the results of the test, or
• Within 5 days after a documented contact by a designated management official
of the District instructing the driver to contact the MRO, the driver has not done
so.
The MRO must report the results to the District using any communication device, which
maintains confidentiality, but in all instances, a signed, written notification must be
forwarded within three business days of completion of the review.
Confidentiality and Record Keeping
Record keeping
The District must maintain records of its alcohol and drug programs.
Records must be kept in a secure location with controlled access. The records may be
included in personnel records that have controlled and secure access only by
authorized personnel.
All records, except those requiring a signature, may be maintained through the use of
computer technology. The District must be able to produce a computer printout of the
required data on demand by the appropriate agency or the employee himself or herself.
The records may be maintained anywhere, but the District must make them available at
the District's principal place of business within two days of a FHWA, or other authorized
agency, request.
57 Title 4, Personnel
• Two years: records related to the collection process and training.
• One year: negative and canceled drug test results; and alcohol test results
indicating a breath alcohol concentration less than 0.02.
Confidentiality and Access to Records
Generally, the District shall maintain records under this policy with as much
confidentiality as possible, and not release any driver drug and/or alcohol program
information, except as required by law or authorized by the District policies.
An employee is entitled, upon written request, to any records pertaining to his/her drug
or alcohol tests or other related matters. The records shall be provided promptly.
The District is required to permit access to facilities and records upon request of a DOT
or other regulatory official with proper authority.
The District may disclose driver information to the decision-maker in a lawsuit,
grievance, or other proceeding initiated by or on behalf of the individual resulting from
an action taken under these regulations. This includes worker's compensation and
unemployment compensation proceedings.
Records must also be made available in the following instances:
To a subsequent employer upon receipt of a written request from the driver, and then in
accordance with the terms of the request.
To an identified person as directed by a specific,written consent of the driver.
The release of employee information is allowed in the following instances:
• An employee shall have access to any of his/her alcohol testing records upon
written request.
• The District must allow any DOT-authorized agency access to facilities and
records in connection with the District's alcohol misuse prevention program.
• When requested, the District shall disclose post-accident testing information to
the National Transportation Safety Board as part of an accident investigation.
• The District shall make records available to a subsequent employer upon receipt
of a written request from the employee.
59 Title 4, Personnel
Annual calendar year summary
Two Years:
Records related to the collection process(except calibration)and required training
One Year:
Negative and canceled controlled substance test results
Alcohol test results indicating a breath alcohol concentration less than 0.02
Types of Records required to be maintained:
Records related to the collection process:
➢ Collection logbooks(if used)
➢ Documents related to the random selection process
➢ Calibration documentation for EBT's
➢ Documentation of Breath Alcohol Technician(BAT)training
➢ Documentation of reasoning for reasonable suspicion testing
➢ Documentation of reasoning for post-accident testing
➢ Documents verifying a medical explanation for the inability to provide adequate
breath or urine for testing
➢ Consolidated annual calendar year summaries
Records related to the driver's test results:
➢ The District's copy of the alcohol test form, including results
➢ The District's copy of the drug test chain of custody and control form
➢ Documents sent to the District by the Medical Review Officer
➢ Documentation of any driver's refusal to submit to a required alcohol or controlled
substance test
➢ Documents provided by a driver to dispute results of test
Documentation of any other violation of controlled substance use or alcohol misuse
rules.
Records related to evaluations and training:
➢ Records pertaining to substance abuse professional's (SAP's) determination of
driver's need for assistance
➢ Records concerning a driver's compliance with SAP's recommendations
Records related to education and training:
61 Title 4, Personnel
becoming drowsy or going to sleep. Opiates are highly addictive and dangerous drugs.
Some physical signs can be runny eyes and noses, nausea, and fainting.
Phencyclidine - Often called PCP or"angel dust" is a hallucinogenic. It is synthetically
made and comes as a powder, tablet or capsule that can be ingested or smoked. The
effects of the use of PCP include increased heart rates, blood pressure, dizziness,
numbness, and disorientation, slows reflex and body movements, and can impair vision
and speech.
Amphetamines - Also known as methamphetamines are stimulants which can be
ingested as tablets or capsules. They are also found in powder form that can be sniffed
or injected as a mixed liquid. Some signs are elevated heart rates, blood pressure,
respiratory rates, dilated pupils, sweating (with pungent odor), sleeplessness, mood
swings,talkativeness and anxiety.
Metabolites from drug use can be found in urine for varying lengths of time after being
used. Generally speaking, except for marijuana, which collects in fatty tissues, the
above drugs stay in the body up to approximately one week.
Alcohol - Alcohol is a central nervous system depressant. Taken in large quantities it
causes not only the euphoria associated with "being drunk" but also adversely affects
the employee's judgment, his or her ability to think, and his or her motor functions.
Long term overuse of alcohol can cause liver damage, heart problems, sexual
dysfunction, and other serious medical problems. In some cases, alcohol use can lead
to physical and psychological dependence on alcohol. Alcoholism is a serious chronic
disease. Left untreated it will inevitably get worse.
63 Title 4, Personnel
Resolution 2008—04,Adopting Amendments to the District Code Title 4, approved on
May 7, 2008, replaces all contents of existing Title 4, and supersedes the following:
Resolutions: 77-21, 82-22, 83-42, 88-10, 90-14, 91-14, 93-15, 94-36, 04-15, 05-27,
07-10, and 07-23.
Minute Orders: 88-187, 88-199, 89-45, 91-35, 93-31, 94-74, 96-10, 97-119, 06-100,
07-04, 07-106, 07-147, and 07-148.
Ordinance: 02-05.
Revisions:
Res 2009-13(5/06/09)
Res 2009-36(12/02/09)
64 Title 4, Personnel
➢ Materials on drug and alcohol awareness, including a copy of the District's policy
on drug use and alcohol misuse
➢ Documentation of compliance with requirement to provide drivers with
educational material, including driver's signed receipt of materials
➢ Documentation of supervisor training
➢ Certification that training conducted under this rule complies with all requirements
of the rule
Records related to drug testing:
➢ Agreements with collection site facilities, laboratories, MROs, and consortia
➢ Names and positions of officials and their role in the District's alcohol and
controlled substance testing program
➢ Monthly statistical summaries of urinalysis
➢ The District's drug testing policy and procedures
Location of Records -All required records shall be maintained in a secure location with
limited access as selected by the District. Records shall be made available for
inspection at the District's principal place of business within two business days after a
request has been made by an authorized representative of the Federal Highway
Administration or other authorized agency.
For example: Specific records may be maintained on computer or at a regional or
terminal office, provided the records can be made available upon request from FHWA
within two working days.
Effects of Drugs and Alcohol
Marijuana - Marijuana is the common term used to describe the cannabis plant.
Marijuana (also called pot, grass or dope) is usually smoked. Marijuana is both a
narcotic and a hallucinogen. It produces increased heart rates, blood pressure, blood
shot eyes, dilated pupils and dry mouth. Marijuana impairs the short term memory and
the sense of time. It can reduce motor skills, coordination, reaction time and
concentration.
Cocaine: Cocaine is a stimulant and can be taken through the nose in powder form,
injected as a liquid or smoked. Cocaine is also found in a crystal form known as crack
cocaine. Both cocaine and crack cocaine are addictive narcotics which can also
produce hallucinogenic effects with long-term use. It causes increased heart rates,
blood pressure, respiration, dilation of the pupils, and result in anxiety, restlessness,
irritability and sleeplessness.
Opiates: - Opiates include narcotics such as opium, heroin, morphine and codeine.
They appear as solids, pastes, powders, liquids, and can be smoked, ingested, or
injected. Opiates are depressants and relaxants. Opiate users can become lethargic,
62 Title 4, Personnel
• The District may disclose information to the employee or to the decision-maker in
a lawsuit, grievance, or other proceeding initiated by or on behalf of the
individual. This may include worker's compensation, unemployment
compensation, or other proceeding relating to a benefit sought by the employee.
• The District shall release information regarding a covered employee's records as
directed by the specific, written consent of the employee authorizing release of
the information to an identified person.
MRO Record Retention
The MRO shall maintain all dated records and notification for verified positive drug test
results for five years.
The MRO shall maintain all dated records and notifications for negative and canceled
drug test results for one year.
The MRO shall not release the individual drug test results of any driver to any person,
without a specific, written authorization from the tested driver. This does not prohibit the
MRO from releasing the results listed above to the District or regulatory officials with the
proper authority.
Annual Calendar Year Summary - Only if notified by FHWA, or upon request of an
official with proper authority, is the District required to prepare and maintain an annual
calendar year summary of its alcohol and drug testing program.
Retention of Records-This section explains how long controlled substance and alcohol
test records must be maintained,which records must be maintained, and where.
Required Period of Retention
Documents to Be Maintained
Five Years:
Alcohol test results indicating a breath alcohol concentration of 0.02 or greater
Verified positive controlled substance test results
Refusals to submit to required alcohol or controlled substance tests
Required calibration of Evidential Breath Testing Devices(EBT's)
Substance Abuse Professional's(SAP's)evaluations and referrals
60 Title 4, Personnel
The following records must be kept:
• Records related to the collection process: collection logbooks (if used);
documents related to the random selection process; calibration documentation
for EBTs; documentation of BAT training; documentation of reasoning for
reasonable suspicion testing; documentation of reasoning for post-accident
testing, documents verifying a medical explanation for the inability to provide
adequate breath or urine for testing; and, a consolidated annual calendar year
summary.
• Records related to the driver's test results: District's copy of the alcohol test form,
including results; District's copy of the drug test chain of custody and control
form; documents sent to the District by the MRO; documentation of any driver's
refusal to submit to a required alcohol or drug test; and, documents provided by a
driver to dispute the test results.
• Records including documentation of any other violations of drug use or alcohol
misuse rules.
• Records related to evaluations: records pertaining to the SAP's determination of
a driver's need for assistance and records concerning a driver's compliance with
SAP's recommendation.
• Records related to education and training: materials on drug and alcohol
awareness, including a copy of the District's policy on drug use and alcohol
misuse; documentation of compliance with requirement to provide drivers with
educational material, including driver's signed receipt of materials;
documentation of supervisor training; and, certification that training conducted
complies with all DOT requirements.
• Records related to drug testing: agreements with collection site facilities,
laboratories, MROs, and consortia; names and positions of officials and their role
in the District's alcohol and controlled substance testing program; monthly
statistical summaries of urinalysis from certified laboratories;the Memorandum of
Understanding with any unions representing District employees; and the District's
drug testing policy and procedures.
Retention Period:
• Five years: alcohol test results indicating a breath alcohol concentration of 0.02
or greater; verified positive drug test results; refusals to submit to required
alcohol or drug tests; required calibration of EBTs, SAP's evaluation and
referrals; and, annual calendar year summary.
58 Title 4, Personnel
The report, as certified by the responsible laboratory individual, shall indicate the drug-
metabolites tested for, whether the results are positive or negative, the specimen
number assigned by the District and the drug testing laboratory identification number.
• The MRO may require that the laboratory provide quantitation of test results.
• The laboratory must report as negative all specimens which are negative on the
initial test or confirmed negative by the GUMS.
• Only specimens confirmed by GUMS as positive are reported as positive.
The laboratory may transmit the test results to the MRO by various electronic means
such as facsimile or computer, so long as those methods are designed to maintain
confidentiality.
The MRO must assess and determine whether alternate medical explanations could
account for the positive test results.
• To accomplish this task, the MRO may conduct medical interviews of the
individual, review the individual's medical history and review any other relevant
bio-medical factors.
• Additionally, the MRO must examine all medical records and data made available
by the tested individual, such as evidence of prescribed medications.
• The MRO must not consider any specimen results that arise from collection or
analysis which do not comport with the FHWA regulations.
The MRO must give the individual testing positive an opportunity to discuss the test
results prior to making a final decision.
After a final decision is made, the MRO shall notify the District.
If, during the course of an interview with an employee who has tested positive,the MRO
learns of a medical condition which could, in the MRO's reasonable medical judgment,
pose a risk to safety, the MRO may, in his or her professional judgment, report that
information to the DOT or to the District.
Positive Test Result
The MRO shall notify each employee who has a confirmed positive test that the
employee has 72 hours in which to request a test of the split specimen.
56 Title 4, Personnel
• If the result is less than 0.02, the BAT shall date the form and sign the
certification in Step 3 of the form. The employee shall sign the certification and
fill in the date in Step 4 of the form.
• If the result is 0.02 or greater, a confirmation test must be performed. If the
confirmation test will be performed by a different BAT, the BAT who conducted
the screening test shall complete and sign the form and log book entry. The BAT
is to give the employee Copy 2 of the form. If the confirmation test will be
conducted at a different site, the employee must not drive there and must be
observed by District personnel en route.
Administration of the Confirmatory Test
Waiting Period:
• The BAT shall instruct the employee not to eat, drink, put any object or
substance in his or her mouth, and, to the extent possible, not belch during a
waiting period before the confirmation test.
• This waiting time period begins with the completion of the screening test, and
shall not be less than 15 minutes.
The confirmation test shall be conducted within 30 minutes of the completion of the
screening test.
In the event that the screening and confirmation test results are not identical, the
confirmation test result is deemed to be the final result upon which any action under
operating administration rules shall be based.
Following the completion of the test, the BAT shall date the form and sign the
certification in Step 3 of the form. The employee shall sign the certification and fill in the
date in Step 4 of the form.
The BAT shall transmit all results to the District in a confidential manner.
Drug Test Procedures
Urine Specimen Collection
The test shall be conducted at an independent medical facility which complies with the
DOT Guidelines.
The laboratory must be certified by the Department of Health and Human Services
54 Title 4, Personnel
Alcohol Test: after engaging in prohibited conduct regarding alcohol misuse, the driver
shall undergo a return-to-duty alcohol test before performing a safety-sensitive function.
The test result must indicate a breath alcohol concentration of less than 0.02.
Drug Test: after engaging in prohibited conduct regarding drug use, the driver shall
undergo a return-to-duty drug test before performing a safety-sensitive function. The
test result must indicate a verified negative result for drug use.
In the event that a return-to-duty test is required, the driver must also be evaluated by a
SAP and participate in any assistance program prescribed and be subject to
unannounced follow-up alcohol and drug tests administered by the District following the
driver's return to duty.
The number and frequency of the tests are to be determined by the SAP, but must
consist of at least six tests in the first 12 months following the driver's return to duty.
Follow-up testing may be done for up to 60 months.
If the SAP determines that a driver needs assistance with a poly-substance abuse
problem, the SAP may require an alcohol test to be performed along with the required
drug tests after the driver has violated the drug testing prohibition.
The cost of return-to-duty alcohol and drug tests shall be paid directly by the employee
and/or his or her insurance provider.
The cost of the services of the SAP for the initial evaluation and a return-to-duty
evaluation shall be paid by the District.
An employee will be allowed to take accumulated vacation leave and/or personal leave
time while participating in the prescribed treatment, rehabilitation services or assistance
program.
Follow-up Testing
If a SAP determines that a driver needs assistance resolving problems associated with
alcohol or drug use, the District shall ensure that the driver is subject to unannounced
follow-up testing following the driver's return to duty.
The number and frequency of the tests are to be determined by the SAP, but must
consist of at least six tests during the first 12 months following the driver's return to duty.
Follow-up testing may be done for up to 60 months. The SAP can terminate the
requirement for the follow-up testing in excess of the minimum at any time, if the SAP
determines that the testing is no longer necessary.
52 Title 4, Personnel
such local officials, using procedures required by their jurisdictions. The District may
obtain a copy of the test results pursuant to an employee signing a preauthorized
consent form.
Random Testing
Alcohol Testing Rate: random alcohol testing shall be administered at a minimum
annual rate of 25 percent of the average number of driver positions, or as changed by
the FHWA and published in the Federal Register.
Drug Testing Rate: random drug testing shall be administered at a minimum annual rate
of 50 percent of the average number of driver positions, or as changed by the FHWA
and published in the Federal Register.
Appropriate time for random testing:
• Alcohol testing: A driver shall only be tested while the driver is performing safety-
sensitive functions, immediately prior to performing or immediately after
performing safety-sensitive functions.
• Drug testing: Drug testing may be performed at any time while the driver is at
work for the District, regardless of whether such duties are safety-sensitive or
not.
Selection and Notification:
Selection of drivers shall be made by a scientifically valid method such as a random
number table or a computer-based random number generator that is matched with an
identification number assigned to each driver. Under the selection process, each driver
shall have an equal chance of being tested each time selections are made.
The random tests shall be announced and spread reasonably throughout the year.
There will not be a period of time during which random testing will be "done for the
year."
The District shall ensure that drivers selected for random tests proceed immediately to
the testing site upon notification of being selected.
For purposes of employee name selection for drug and alcohol testing, the District shall
use the services of the Sierra DOT Consortium administered by Sinnett Consulting
Services. By participating with the Sierra DOT Consortium, the District will meet the
minimum selection requirements established by the Federal Department of
Transportation.
50 Title 4, Personnel
Out of Service Order
Any driver who is found to be in violation of this policy shall be placed out-of-service
immediately for a period of at least 24 hours.
Out-of-service means that the employee shall not perform, and not be permitted to
perform, a safety-sensitive function.
The out-of-service period will commence upon issuance of an out-of-service order.
No driver shall violate the terms of an out-of-service order issued under this section.
Condition of Returning to Work after a Violation of this Policy- Before returning to duty,
the driver must undergo a Return-To-Duty Test as set forth in this policy.
Testing Circumstances
Pre-Employment/Pre-Duty Testing
This type of testing applies to:
• All applicants for a District position requiring a CDL driver's license to operate a
CMV, who have not been part of a drug program that complies with the Federal
Highway Administration(FHWA)regulations for the previous 30 days; and
• District employees who usually drive vehicles for which a CDL is not required to
operate, but then is required to obtain a CDL and drive CMVs for the District.
Exceptions - A pre-employment drug test is not required if the following conditions are
met:
• The driver participated in a drug testing program meeting the requirements of the
FHWA within the previous 30 days;
• While participating in the program, the driver either was tested for controlled
substances in the previous 6 months, or participated in a random drug testing
program for the previous 12 months; and
• No prior employer of the driver has a record of violations of any DOT controlled
substance use rule for the driver in the previous 6 months.
In cases of exceptions, the District must contact the testing program prior to using the
driver and obtain the following information:
48 Title 4, Personnel
test result together with his or her medical history and any other relevant biomedical
information.
On-duty time, as that phrase is defined by Federal regulations and this policy, means all
of the time beginning at the point a covered employee begins to work, and/or is required
to be in readiness to work, until the time he or she is relieved from work and all
responsibility for performing work.
Performing (a safety-sensitive function) is any period in which the driver is actually
performing, ready to perform, or immediately able to perform any safety-sensitive
functions.
Refusal to submit(to an alcohol or controlled substance test)is when a driver:
• Fails to provide adequate breath for alcohol testing, without a valid medical
explanation, after he or she has received notice of the requirement for breath
testing in accordance with this policy;
• Fails to provide adequate urine sample for controlled substances testing, without
a genuine inability to provide a specimen (as determined by a medical
evaluation), after he or she has received notice of the requirement for urine
testing in accordance with the provisions of this policy; or
• Engages in conduct that clearly obstructs the testing process.
Safety-sensitive function, for purposes of this policy, shall mean any of the functions
defined in Title 49 of the Code of Federal Regulations. More specifically, safety-
sensitive functions include all functions performed by a covered employee during on-
duty time and include:
• All time at the District or work site, unless the driver has been relieved from duty
by the District.
• All time inspecting equipment or otherwise servicing or conditioning any CMV at
any time.
• All driving time.
• All time, other than driving time, in or upon any CMV.
• All time loading or unloading a CMV, supervising or assisting in the loading or
unloading, attending a CMV being loaded or unloaded, remaining in readiness to
operate the CMV, or in giving or receiving receipts for shipments loaded or
unloaded.
46 Title 4, Personnel
Drugs: no driver shall report for duty or remain on duty requiring the performance of
safety-sensitive functions when the driver uses any drug, except when the use is
pursuant to the instructions of a physician who has advised the driver that the
substance does not adversely affect the driver's ability to safely operate a CMV.
The following drugs or other substances are prohibited under this policy: Any drug or
other substance identified in this chapter (Effects of Drugs and Alcohol); an
amphetamine or any formulation thereof; a narcotic drug or any derivative thereof; or
any other substance which may or does render the driver incapable of safely operating
a CMV.
A driver must inform the District of any therapeutic drug use, including on-duty use and
off-duty use which may affect on-duty performance.
No driver shall report for duty, remain on duty or perform a safety-sensitive function, if
the driver tests positive for controlled substances.
The Federal Department of Transportation (DOT)requires that the District implement an
alcohol and drug testing program which complies with the applicable DOT rules under
49 Code of Federal Regulations Part 40.
Consent to alcohol and-or drug test: no CMV driver shall refuse to submit to a post-
accident test, a random test, a reasonable suspicion test, return-to-duty test or a follow-
up test as required by DOT regulations.
Definitions-
Accident is an incident involving a commercial motor vehicle if the incident involved the
loss of human life; or the driver receives a citation arising from the incident and an
individual suffers a bodily injury and immediately receives medical treatment away from
the scene(e.g. taken to the hospital by ambulance), or a vehicle is required to be towed
from the scene.
Alcohol is the intoxicating agent in beverage alcohol, ethyl alcohol or other low
molecular weight alcohol's including methyl and isopropyl alcohol.
Alcohol use is the consumption of any beverage, mixture, or preparation, including any
medication (prescribed or over-the-counter, intentional or unintentional), containing
alcohol.
Breath alcohol technician (BAT) is an individual who instructs and assists individuals in
the alcohol testing process and operates an evidential breath testing device(EBT).
44 Title 4, Personnel
For employees who drive for the District, inability to operate a District because of an
invalid drivers' license impairs an employee's ability to satisfactorily perform their job.
Such circumstances are subject to review by the General Manager and corrective
actions, including termination may occur as a result.
4.12.8 Drug and Alcohol-Free Workplace
The District is committed to establishing and maintaining a high-quality, safe
environment for employees and the public, and supports a drug and alcohol-free
workplace. The unlawful use, possession, sale, distribution, dispensation, or
manufacture of a controlled substance in the workplace or in a work-related situation, by
District employees is prohibited, and will not be tolerated. Further, employees are
prohibited from using or being under the influence of drugs or alcohol in the workplace.
The normal use of over-the-counter medications and the legal use of prescription drugs
as ordered by a physician are not prohibited by this policy, as long as the drugs do not
interfere with the employee's ability to safely perform his or her job.
District employees who violate the District's policy will be subject to disciplinary action
consistent with the District's Disciplinary Procedures.
The District will conduct periodic training for employees and supervisors on substance
abuse prevention and education.
The District shall continue to offer a confidential Employee Assistance Program to aid
employees with substance abuse problems.
Pre-employment Testing: All applicants, after receiving a conditional offer of
employment, will be subject to a controlled substance screening test as part of a pre-
employment physical examination.
Reasonable Suspicion Testing of Current Employees: Any current employee may be
subject to drug or alcohol testing under certain circumstances. When an employee's
observed behavior, involvement in an on-the-job accident or other circumstances raise
reasonable suspicion that this Policy is being violated, the District may require the
employee to undergo a test for controlled substances or alcohol when such testing is
job-related and consistent with business necessity.
Reasonable suspicion under this Policy shall be based on specific, personal and
observations concerning the appearance, behavior, actions, and speech or body odors
of the employee.
42 Title 4, Personnel
Supervisors shall be held accountable for implementation and enforcement of the safety
and loss control program.
The General Manager shall submit to the Board of Directors an annual report
summarizing the safety activities for the past year.
4.12.5 Tobacco-Free Workplace Policy
The District's objective is to provide a healthful, comfortable and productive work
environment for all District employees, directors, vendors and customers.
Accordingly, and in compliance with California law, it is the policy of the District to
prohibit smoking or use of tobacco products of any kind within all District controlled and
operated facilities, as well as District vehicles and worksites.
Smoking is prohibited within twenty (20) feet from entrances, exits, air intake vents,
stairwells, breezeways, garage doors or operable windows. Littering of matches,
cigarettes, cigars, chewing tobacco or any other substance is not permitted. Proper
containers must be used for disposal of these items.
Signs acknowledging "Smoke-Free Building" shall be posted on entrance doors of the
building and other locations as deemed appropriate.
All employees share in the responsibility for adhering to and enforcing to this policy.
4.12.6 Workplace ThreatsNiolence
The District is committed to providing a safe and secure workplace for employees,
customers, contractors and visitors. Threats, threatening behavior, or acts of violence
against any individual on District property, at District controlled worksites or involved in
the conduct of District business will not be tolerated.
Definition of Workplace ThreatsNiolence
Workplace ThreatsNiolence may be conduct that causes an individual to fear for his or
her personal safety or the safety of his or her family, friends and/or property, such that
employment conditions are altered and/or a hostile abusive or intimidating work
environment is created.
Specific examples of conduct prohibited by this policy include, but are not limited to:
• Threats or threatening behavior directed toward an individual or his/her family,
friends, associates, or property;
• Harassing or threatening phone calls, written messages, videos, photographs or
E-mails;
• Surveillance by any means;
• Stalking;
40 Title 4, Personnel
4.11.GRIEVANCES
4.11.1 Grievance Procedure
The District will recognize the grievance procedure as outlined in Title 14 of the
Memorandum of Understanding. In connection with all grievances filed, it shall be the
policy of the District that:
• Prompt attention be given to all grievances;
• That there will be freedom from reprisal against those filing a grievance;
• That reasonable efforts will be made to resolve the grievance at the lowest
possible level within the District.
38 Title 4, Personnel
7. The notice must advise the employee of his/her right to representation if he/she
elects to respond.
8. The notice will advise the employee that discipline may be imposed whether or
not he/she responds to the charges.
Skelly Meeting
The Skelly meeting, if the employee elects to have a meeting, shall be conducted as
follows:
1. The General Manager(hereafter"Skelly Officer")shall chair the meeting.
2. The Skelly Officer shall establish that the employee has received the Skelly
notice and understands the charges set forth therein.
3. The Skelly Officer shall make available any documents which were considered in
determining the charges and proposed disciplinary action.
4. The employee or his/her representative shall be given the opportunity to respond
to the charges and proposed action.
5. The employee or his/her representative shall be given the opportunity to make
final comments regarding the proposed action.
6. The Skelly Officer shall close the meeting by indicating that he/she will consider
all statements and/or documents, which may have been presented prior to
determining the final action.
The General Manager will determine whether the charges have been sufficiently
established and the appropriateness of the level of the proposed disciplinary action.
Action Letter
Following the Skelly meeting, the Skelly Officer will promptly prepare a letter containing
all of the following:
1. Factual Findings. Repeat the charges as set out in the Skelly notice letter,
provided the Skelly Officer concludes they have been established. If a charge
has not been established or if facts excusing or mitigating of the misconduct have
been disclosed, the letter should so state.
2. The specific District policy and/or particular portion of the"Causes for Disciplinary
Action"which were violated should be cited.
3. The discipline imposed may not exceed the maximum stated in the Skelly letter.
4. A statement that the employee may appeal the action to arbitration consistent
with the provisions of the Union contract or other District procedures, if
applicable.
Appeal Process
The following process applies to management positions (i.e., non-bargaining unit
positions) only. The grievance/appeal process for bargaining unit members is set forth
in the MOU.
36 Title 4, Personnel
has (1)violated a District rule or work practice that he/she should have been aware of, (2)
that he/she will be expected to abide by all such rules in the future.
The manager will summarize this action with written documentation concerning the
conversation. This document is placed in the employee's personnel file and a copy is given
to the employee. The employee shall be permitted to file a written response, the original
being directed to the department head and a copy filed in the employee's personnel file.
2. Written Reprimand — The written reprimand is a written record of discipline, that is
usually, but not always, issued after a previous verbal reprimand. The employee is advised
that his/her behavior is below standard and that continuation or repetition of that behavior
shall result in more serious disciplinary action. The written reprimand shall specifically cite
the substandard conduct and, where appropriate, reference the particular Code or Policy
that has been violated.
A copy of the written reprimand shall be provided to the employee and a copy placed in the
employee's personnel file. The employee shall be permitted to file a written response, the
original being directed to the department head and a copy filed in the employee's
personnel file.
3. Suspension —The suspension is a District ordered absence from duty without pay for a
specified period of time, and generally, but not always, follows a previous verbal and
written warning.
4. Reduction in Pay— Reduction in pay is a temporary reduction in salary to a lower salary
step for a specified maximum period of time. The employee does not have sudden
stoppage of income and may be able to have the reduction lifted by good performance.
The department does not lose the services of the employee. An individual should have
been warned or reprimanded prior to taking this action to advise him or her that his or her
performance is not acceptable.
5. Demotion — A demotion is a permanent change in classification of an employee to a
position of lower responsibility and pay for unsatisfactory performance or disciplinary
reasons. No employee shall be demoted to a position for which he or she does not
possess the minimum qualifications; the employee's new duties must be consistent with
those described in the job description.
6. Last Chance Agreement —At the discretion of the General Manager, a last chance
agreement may be entered into with the employee, the bargaining unit if appropriate,
and the District. This agreement is a possible alternative to termination. The agreement,
signed by all parties, will state the steps or conditions that the employee is required to
follow or meet to continue his or her employment with the District.
7.Termination/Discharge
Termination is the most severe form of disciplinary action. This course of action may
result, for example, from an employee's violation of the District's "Causes for
34 Title 4, Personnel
4.10 DISCIPLINARY ACTIONS
4.10.1 Disciplinary Procedures - The principal objectives of this policy are to promote
orderly job conduct and the longer range development of a goal-oriented and productive
personnel team, help ensure compliance with state and federal laws, and to establish
the procedural means of protecting employment rights of employees.
The effect of this policy should be:
• The reduction of involuntary terminations.
• The avoidance or minimizing of misunderstandings between supervisory and
non-supervisory personnel.
• Ensuring that personnel are provided with notice of unacceptable conduct in
sufficient time to permit self-correction and improvements.
• Ensuring that documentation is maintained and available to support
management's position in the event of discriminatory charges.
It is recognized that this policy applies to all employees represented by IBEW Local
Union 1245 (bargaining unit employees) as well as management employees (non-
bargaining unit employees). The coverage of non-bargaining unit employees by this
policy shall in no manner create any legal or other obligation of IBEW Local Union 1245
toward non-bargaining unit employees. IBEW Local 1245 shall have no obligation
whatsoever to provide a defense, provide advice, or otherwise represent non-bargaining
unit employees.
Definition -The term discipline will be understood as meaning "a state of orderliness"
such as in a "disciplined team"or in a"disciplined performance." Therefore, disciplinary
action is action taken to maintain an orderly way of imposing sanctions to remedy
unacceptable employee performance.
Causes for Disciplinary Action - The following are examples of conduct for which
discipline may be imposed. This list is merely a summary. It is not exhaustive and
discipline may be imposed for misconduct not set forth below:
1. Improper or unauthorized use or abuse of sick leave;
2. Excessive absenteeism;
3. Being absent without authorization; repeated tardiness or leaving without
authorization1:
4. Violation of District policies, rules or procedures;
5. Insubordination, disobedience, or failure to carry out any reasonable order;
6. Acceptance of gifts or gratuities in connection with or relating to the
employee's duties;
7. Any conduct which is harmful to the orderly conduct of business, the safety of
32 Title 4, Personnel
Submitting Travel Expense Reports
It is the responsibility of each employee to provide a complete and factual accounting of
funds through the travel expense report or District credit card monthly statement. All
reports must be submitted within 30 days to the immediate supervisor and approved by
the Department Manager.
Actual receipts showing itemized charges must be attached for all expenses, including
lodging,transportation, tolls, and meals.
District Issued Credit Cards
District credit cards have been issued to designated employees. The use of District
credit cards is only for District business expenses. No personal charges are to be
placed on the District's credit card.
Itemized receipts must be attached to an employee's monthly credit card statement.
The monthly statement must be signed by the employee and approved by the
Department Manager and General Manager.
4.9.5 Moving Expense Reimbursement
New employees who have been recruited by the District and are required to move their
place of residence (more than 50 miles) as a result of accepting employment with the
District may be reimbursed for qualified moving related expenses.
Eligible expenses shall be limited to documented costs to move furniture and household
items and transportation for the employee and members of his/her immediate family
based upon the current IRS mileage rate. Costs associated with the sale or purchase of
a home, lodging, meals, temporary storage of personal items, or costs that are not
directly necessitated by the move will not be included in the costs subjected to
reimbursement.
The amount of reimbursement shall not exceed the amount equal to one-half of the
employee's monthly salary and must be properly documented by receipts. The General
Manager will make final decisions regarding the appropriateness of expenses for the
reimbursement.
4.9.6 Vehicle Use Policy
District owned vehicles are provided for official use only and are not to be used for
private transportation or personal business. Vehicles will be parked at the District site
when not in use and will be available to all personnel for any valid business-related
purpose.
District employees who are required to drive as a part of their job responsibilities must
possess a valid driver's license. All such employees are required immediately to advise
30 Title 4, Personnel
(c) The District will reimburse employees for actual authorized travel expenses that
are reasonable and necessary in the conduct of District business and upon the
submission of an expense report with receipts attached, and upon approval of
the appropriate supervisor. Employees should use good judgment when
incurring business expenses. The employee is expected to use a reasonably
economic means of lodging, meals and transportation that will meet the
traveler's requirements with due consideration to safety and comfort.
28 Title 4, Personnel
Maintain a system of internal accounting controls that will provide reasonable
assurances that all transactions are properly recorded and that material information is
available to management when required.
Maintain books and records that accurately and fairly reflect the District's financial
health.
Maintain a record retention system that ensures the District's records and documents
are properly retained and secured.
Conduct an annual financial audit to provide an independent, objective review of
financial reports, and to identify any risks associated with the system of internal
controls.
Legal and Regulatory Compliance The District will comply with all local, state and
federal laws, rules and regulations applicable to the activities of the District. It will
maintain a safe and healthy work environment free from harassment or discrimination
per the District's policy.
Reporting of Violations Every employee is responsible for ensuring that violations of
laws, rules and regulations, the MOU or this Code are reported promptly. Reports of
suspected violations may be made in person or in writing, confidentially or
anonymously, to the General Manager or Human Resources Administrator. All such
reports will be promptly investigated and appropriate corrective action will be taken.
Any employee who makes a report in good faith and on reasonable belief may do so
without fear of retaliation or retribution.
Employee Education All employees will receive a copy of the Code of Business Conduct
and will be required to sign a form indicating that he/she has received a copy of the
Code of Business Conduct, read its contents, and understands his/her obligations under
the Code.
Monitoring and Enforcement Every employee is responsible for monitoring compliance
with the Code by reporting suspected violations in a timely manner (as discussed
above) and cooperating with investigations of suspected violations. Employees that
violate any laws, rules and regulations, the MOU or thise Code may face appropriate,
case-specific disciplinary action. Additionally, on a periodic basis, this Code of
Business Conduct policy will be reviewed for effectiveness and appropriate
modifications and/or enhancements will be recommended as deemed necessary.
4.9.2 Electronic Data
It is the policy of the District that all electronic office data storage systems including, but
not limited to,voice mail, computers, electronic mail, and facsimiles are the property of
the District and are provided to employees for their use in conducting District business.
The systems belong to the District and are accessible at all times by District
management for any business purpose.Accordingly, employees should not have any
26 Title 4, Personnel
4.9 EMPLOYEE ACTIVITIES
4.9.1 Code of Business Conduct
The District4i)istFiGo expects its employees to behave in a
fair, honest and ethical manner in all activities conducted on behalf of the District. This
Code of Business Conduct is intended to be a constant reminder of that expectation and
a statement of how we will conduct ourselves on a daily basis. All employees are
expected to know and understand the standards and expectations set forth herein.
The District believes that ethical standards are achieved not just through the publication
and dissemination of this document, but through open and ongoing discussion about
ethical issues related to the business and activities of this District. This District operates
in an open-door climate where employees understand that they can openly raise
questions and concerns without fear of retaliation. Further, this Code of Business
Conduct is not exhaustive but designed only to provide summary guidance to
employees in how they are expected to carry out their duties. When in doubt,
employees are expected to use good judgment and to raise questions with their
managers.
Standards of Conduct Employees are expected to uphold the values of the District and
are required to report any situation where the individual reasonably suspects any
activity that may be in violation of the law, board policies, the Memorandum of
Understanding(MOU), or this Code. Standards of conduct include:
Employees are required to deal honestly and fairly with customers, co-workers,
suppliers, public and others having dealings with the District.
Employees are required to conduct themselves in a professional, business-like manner
while performing their jobs or representing the District in any manner.
Employees are prohibited from offering or accepting bribes, kickbacks or other forms of
improper payment from anyone. They are prohibited from receiving gifts, paid trips or
favors of more than nominal value from customers or suppliers. If in doubt, the
employee is required to ask the General Manager if the proposed gift or favor is of more
than"nominal value."
Employees are required to limit their reimbursable expenses to those that are
necessary, prudent and business-related.
Employees are prohibited from taking unfair advantage of customers, suppliers or other
third parties through manipulation, concealment, abuse of privileged information, or any
other unfair-dealing practice.
Conflicts of Interest A conflict of interest exists when an employee is called upon to
make or is involved in any decision that creates or appears to create a conflict between
24 Title 4, Personnel
4.7.18 Limitations
At no time shall the total combination of leave benefits, including payments from
Workers Compensation, State Disability Insurance, Social Security Disability, or any
other benefit to which the District contributes, exceed 100% of the normal straight-time
earnings for any employee.
4.7.19 Return to Work Physical
Prior to permitting an employee to return to work following any medical absence in
excess of three days, the District may, at its discretion, require a physician's release
stating that the employee is physically able to perform the duties of his or her job.At the
District's discretion, it may require a medical release to return following a medical leave
of shorter duration.
4.7.20 Donation of Accrued Vacation Leave
An employee may, upon approval of the General Manager, transfer all or any portion of
his or her accrued vacation leave hours to another employee of the District. Transfer of
vacation leave from one employee to another shall be permitted only in unusual
situations involving serious injury or illness of an employee or employee's family
member.
22 Title 4, Personnel
• Birth of a child; to care for a newborn child;
• For placement of a child for adoption or foster care;
• To care for a child, parent, spouse or registered domestic partner with a serious
health condition;
• The employee's own serious health condition that renders the employee unable
to perform one or more of the essential functions of his or her job;
• If a family member is called to or is on active duty in the military, or;
• If a family member or next of kin is injured in the course of military service.
An eligible employee shall be entitled to family and medical leave up to a total of 12
workweeks during the 12 month period that begins on the first day of the qualifying
leave. Health benefits will be continued under the same terms as prior to the leave.
To be eligible to request family and medical leave, an employee must have been
employed with the District for at least 12 months, and have worked at least 1,250 hours
in the 12 months preceding the leave.
If possible, employees requesting leave must provide 30 days' advance notice. For
events that unforeseeable, employees must notify their supervisor and HR as soon as
they learn of the need for leave. Employees who return to work following an approved
family and medical leave will be reinstated to their same position, or a comparable
position,to the extent required by law.
4.7.12 Pregnancy Leave
Eligible employees who are disabled by pregnancy, childbirth, or related medical
conditions are entitled to request a pregnancy disability leave of up to four months,
depending on the period of medically-certified disability.
4.7.13 Unpaid Personal Leave
An unpaid leave of absence may be granted to a regular employee for urgent
substantial personal reasons provided that adequate arrangements can be made to
perform the employee's duties without undue interference with the normal routine of
work.
All applications for a personal leave of absence shall be made in writing to the
employee's Department Head and include reasonable justification for approval of the
request. The Department Head and the General Manager will evaluate the request.
Employees on a personal leave of absence will become responsible for the full costs of
District provided benefits beginning on the first day of unpaid leave. All District paid
benefits will be suspended during the leave and will resume upon return to active
employment.
20 Title 4, Personnel
4.7.8 Vacation Leave
Full-time regular employees will accrue vacation leave from the date of hire. Regular
employees who work less than full time shall accrue vacation on a pro-rated basis.
Eligible employees shall earn vacation leave as follows:
Rates of Accrual Number of Days per year
For the first five years of continuous service 10
After completing: 5 years of continuous service 15
10 years of continuous service 20
21 years of continuous service 21
22 years of continuous service 22
23 years of continuous service 23
24 years of continuous service 24
25 years of continuous service 25
30 years of continuous service 30
New employees will be given forty (40) hours of vacation leave at the start of
employment, in addition to regular vacation leave accrual.
Employees who terminate their employment with the District for any reason will be paid
for all accrued but unused vacation at their current rate of pay.
Vacation leave must be scheduled by mutual agreement between the Department Head
or his/her designee and the employee.
Employees may accumulate up to a maximum of 360 hours of vacation leave, at which
point the employee will not accrue additional vacation leave.
The District, at the employee's option, will compensate employees for accumulated
unused vacation leave hours equal to the number of vacation hours actually taken
during that calendar year. Vacation leave compensation will be paid at the employee's
current rate of pay.
4.7.9 Administrative Leave
Management employees shall be granted 8 days of administrative leave per calendar
year. Administrative leave must be used by the end of the calendar year or it is forfeited
without compensation. No Administrative leave shall be carried over the next calendar
year, nor shall unused Administrative Leave be converted to compensation.
Employees are to schedule administrative leave in the same manner as vacation leave.
18 Title 4, Personnel
4.7.5 Post-Retirement Medical and Dental Benefits
Employees who retire from the District may be eligible for post-retirement health
benefits. The qualifying factors are the employee's age and length of employment at the
District.
Percent of Premium Paid
Years of Service by District
10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20 100%
District will pay the percentages listed above of the retiree and dependent medical and
dental premiums beginning at the retiree's age 60 based on years and months of
service at the District. If a person retires earlier than age 60,the benefit will be reduced
by 2% per year in the benefit paid by the employer. For example, a person retiring at
age 58 with 19 years of service would have 91%of the retiree and dependent premiums
paid by the District.
The benefit paid by the District is capped as listed below:
Monthly Caps
Individual only $475
Spouse only $475
Child(ren)only $475
Spouse&child(ren)only $725
Medicare Rate $375
If the premiums increase above the monthly cap, the retiree will pay the difference
between the new premium and their percent of benefit established upon retirement
multiplied by the cap. Example: A person retiring at age 58 with 19 years of service
would have 91% of the retiree and dependent premiums paid by the District. If initially
the premium for individual only was $340, the retiree would pay 340 — (91% x $340) _
$30.60. If the premium increases to $500 while the cap is $475, the retiree would pay
500—(91%x$475)= $67.75.
The post-retirement medical plan is the same as the active employees' medical plan
except for a $500 deductible per person compared to a $400 deductible per person for
16 Title 4, Personnel
4.7 EMPLOYMENT BENEFITS, HOLIDAYS,AND LEAVES
4.7.1 The policies in Chapter 7 shall apply to all regular employees of the District who
are not covered by a Union Memorandum of Understanding.
4.7.2 Insurance Plans
Group Medical Insurance Plan: The District will pay 100% of the premiums for
employees and dependents. The NRECA Preferred Provider Organization (PPO) plan
agreed upon includes a $2,000/$4,000 out-of—pocket annual maximum for Out-of-
Network charges, a $400/$800/$1200 deductible, utilization review/cost containment
SHARE features, medical management provisions, generic drugs at $10.00, brand
name drugs at$15.00, mail service prescription drug program.
Group Dental Plan: The District will furnish the NRECA R&C 88Enhanced Dental Plan.
This plan will pay 100% of the reasonable and customary charges for preventive and
diagnostic services and 80% of the reasonable and customary charges for basic
services. There is no deductible. The plan will also pay 50% of the reasonable and
customary charges incurred for major services; however, each covered individual must
first satisfy a $50 annual deductible (the first$50 of reasonable and customary charges
incurred for major dental services during a calendar year). This plan will not pay more
than$2,000 per person in a calendar year for all preventive, diagnostic, basic and major
services received. (No orthodontic benefits are included in this plan).
Vision Plan: The District will provide an annual benefit up to $400 per covered
employee or dependent. The benefit will be to cover the expenses of examination,
lenses,frames or contact lenses, Lasik or other vision improvement related procedures,
when recommended by a physician or optometrist.
Any unused portion of the annual benefit or incurred cost(not exceeding $400) may be
carried over to the next subsequent year.
Res. 2009-36(12-2-09)
Group Life Insurance Plan: The District will furnish "term insurance" equal to three (3)
times the annual salary for each employee.
Long-term Disability Plan: The District will furnish long-term disability coverage of a
monthly benefit equal to 66 2/3% of the employee's monthly base earnings, with a
maximum monthly benefit of$15,000 after the 13 week elimination period.
4.7.3 Retirement Plan
The District will provide and maintain membership in the California Public Employees
Retirement System (CaIPERS)2% @ 60 Plan, with all the optional benefits adopted on
8/24/2004.
14 Title 4, Personnel
4.5.4 Probationary Period
The probationary period shall be regarded as a part of the selection process. During the
probationary period, the employee shall be considered in-training, and under careful
observation and evaluation by supervisory personnel. This period will be used to train
and evaluate the employee's effective adjustment to work tasks, conduct, observance of
rules, attendance, and job responsibilities. Any probationary employee whose
performance does not meet required standards of job progress or adaptation may be
released from District employment.
All original and promotional appointments shall be subject to a probationary period of
not less than six (6) months. The probationary period may be extended in
circumstances where further evaluation of the employee is deemed necessary by the
District.
At the conclusion of the employee's probationary period and if the employee's
performance has been deemed satisfactory by the District, the employee shall be
reclassified as a regular employee.
Probationary employees may be discharged at any time during the probationary period
with or without cause and without the right of appeal.
12 Title 4, Personnel
may be made to the job description.
2. Advertise the open position for both internal and external candidates.
3. Invite top candidates to an initial panel interview. The panel shall consist of
one outside member and two District staff members in addition to the hiring
manager.A uniform set of questions shall be used for all candidates.
4. A second interview shall be conducted by the hiring manager.
5. Selection of the successful candidate shall be made by the hiring
manager/supervisor, subject to background and reference checks and
physical screening. Approval of the General Manager is required before an
offer of employment is made.
6. Any deviations from this process must be approved in advance by the
General Manager.
4.4.3 Bargaininq Unit Employees
Bargaining Unit positions will be filled in accordance with the provisions of the MOU.
If the position is not filled by a current employee, the District shall follow the same
procedure as recruiting for management employees, except the panel interview will not
include an outside member.
Any deviations from this process must be approved in advance by the General
Manager.
4.4.4 Application Forms
All applications for employment shall be made on forms provided by the District.
Application forms shall require information covering training, experience, and other
pertinent information. All applications must be signed and dated by the person applying.
4.4.5 Examinations
The selection techniques used in the examination process shall be impartial, of a
practical nature, and shall relate to those subjects that fairly measure the capability of
applicants to perform duties assigned to the position for which they seek appointment.
10 Title 4, Personnel
4.3 JOB DESCRIPTIONS
4.3.1 Job Descriptions
The General Manager shall ensure that for each employment position at the District, the
District maintains a written job description summarizing the duties, responsibilities, and
employment standards of the position. Each job description shall generally outline the
main characteristics and qualification requirements of positions and give examples of
duties which employees holding such positions are typically required to perform. Each
job description shall contain minimum requirements for positions, including training,
experience, knowledge, licenses, skills, and abilities. All job descriptions are subject to
approval and signatures by the General Manager.
8 Title 4, Personnel
4.2. EMPLOYMENT NON-DISCRIMINATION
4.2.1 Equal Employment Opportunity
It is the policy of District to provide equal employment
opportunity in all aspects of the employer-employee relationship, including recruiting,
hiring, upgrading and promoting, training, education assistance, social and recreational
programs, compensation, benefits, transfers, discipline, layoff, recall and all privileges
and conditions of employment. The District will not unlawfully discriminate because of
race, color, religion, national origin, ancestry, citizenship, sex, age, marital status,
registered domestic partner status, physical or mental disability, medical condition,
sexual orientation, veteran status or on any other protected basis as designated by
applicable federal, state or local law, ordinance or regulation (referred to as the
"Protected Bases").
The District provides employment-related reasonable accommodations to qualified
individuals with disabilities within the meaning of the California Fair Employment and
Housing Act and the Americans with Disabilities Act.
4.2.2 Harassment, Discrimination and Retaliation
The District wishes to provide a business environment that is free of unlawful
discrimination and harassment and has zero tolerance for this type of behavior.
Individuals who engage in such behavior will be subject to disciplinary action up to and
including termination.
Therefore, this policy is established by which persons who believe they have been
subjected to discrimination or harassing behavior may have their concerns reviewed,
addressed and corrected as appropriate.
Res. 2009-13(5-6-09)
Discrimination prohibited: It is the express policy of the District to conduct its business
such that no employee, applicant for employment, customer, supplier, contractor or any
other person who does business with the District or interacts with the District in any
manner is subjected to discrimination on any legally protected basis.
Harassment defined: Harassment is a form of misconduct which undermines the
integrity of the employment relationship or the relationship with the public. Harassment
is behavior which is unwelcome, which is offensive to a reasonable person, or lowers
morale or interferes with work.
Sexual harassment defined: Sexual harassment is defined as unwelcome sexual
advances, requests for sexual favors, and other verbal or physical conduct of a sexual
nature,when:
6 Title 4, Personnel
4.1 GENERAL ADMINISTRATION
4.1.1 Introduction
It is the intent of the District to establish and
maintain an equitable and uniform system for dealing with personnel matters. It is also
the intent of the District to comply with applicable laws relating to the fair and equitable
administration of a comprehensive personnel system. The rules and polices contained
in this Title of the District Code reflect the principles and standards of the District's
system of employment.The provisions of the personnel policies included in this Title do
not constitute a contractual right to District employment. Each employee is responsible
for knowledge of and compliance with these rules.
The District reserves the right to change or modify the terms and conditions set forth in
this Title.
4.1.2 Personnel Administration and Delegation
The Board of Directors authorizes the General Manager to administer, interpret, and
implement the District personnel policies. The General Manager may delegate any of
the personnel administration authority to other designees.
4.1.3 Personnel Records
The District shall maintain a personnel file for each District employee, the contents of
which meet the customary standards of good personnel practices and which fairly
represent the employee's work history with the District. Such records shall only be
accessible to the General Manager, Human Resources, the employee and such other
persons as the District deems have a "need to know". Department heads and
supervisors shall have access to performance evaluation records of subordinate
employees in their department, as well as such other personnel records about which
they have a"need to know".
Upon the employee's request, the District shall, at reasonable times and intervals,
permit that employee to inspect his or her file. The review will be conducted in the
presence of a Human Resources representative.
4.1.4 Medical Records
Human Resources shall maintain all employee medical information in separate,
confidential files. The District will not disclose employee medical information, except to
District management personnel with a legitimate personnel need for access, without
prior written authorization from the employee, or except as required by law, subpoena,
or Court order.
4 Title 4, Personnel
4.7.4 Supplemental Income Plans
4.7.5 Post-Retirement Benefits
4.7.6 Longevity
4.7.7 Holidays
4.7.8 Vacation Leave
4.7.9 Administrative Leave
4.7.10 Sick Leave
4.7.11 Family and Medical Leave
4.7.12 Pregnancy Leave
4.7.13 Unpaid Personal Leave
4.7.14 Military Leave
4.7.15 Jury Duty
4.7.16 Bereavement Leave
4.7.17 Industrial Disability Leave
4.7.18 Limitations
4.7.19 Return-to-work Physicals
4.7.20 Donation of Accrued Vacation Leave
Chapter 4.8—PERFORMANCE APPRAISAL
4.8.1 Employee Performance Evaluations
4.8.2 Professional Development for Management Personnel
Chapter 4.9—EMPLOYEE ACTIVITIES
4.9.1 Code of Business Conduct
4.9.2 Electronic Data
4.9.3 Personal Communication Devices
4.9.4 Travel and Expense Reimbursement
4.9.5 Moving Expense Reimbursement
4.9.6 District Vehicle Use
Chapter 4.10-DISCIPLINARY ACTIONS
4.10.1 Disciplinary Procedures
Chapter 4.11-GRIEVANCES
4.11.1 Grievance Procedure
Chapter 4.12—EMPLOYEE SAFETY AND HEALTH
4.12.1 Safety and Loss Control
4.12.2 Injury and Illness Prevention Program
4.12.3 Wellness Program
4.12.4 Safety and Loss Committee
4.12.5 Tobacco-Free Workplace
2 Title 4, Personnel
Title 5, Customer Relations
Aug. 2008
TITLE 5
CUSTOMER RELATIONS
CHAPTERS:
5.01 Application for Service
5.0402 Deposits
5.04 Credit
5.08 Billing
5.09 Owner/Renter Responsibilities — Service
Application
5.12
Disconnection and Reconnection 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 4-----`- Formatted:Centered
APPLICATION FOR SERVICE
Sections: 4------- Formatted:Indent:Left: 0"
5.01.005 Definitions
5.01.010 Requirements
5.01.005 Definitions—the following definitions will apply to all 4------- Formatted:Indent:Left: 0"
other chapters of the District Code where the terms are used
whether capitalized or not:
1 Title 5, Customer Relations
5.01.010.7 Applicants who have met the District's requirements for service will be billed for_ Formatted:Font:Bold
electric and/or water service in accordance with Sections 5.24 Electric Rates and 5.32
Water Rates. Determination of the applicable rate is at the sole discretion of the District
CHAPTER 5.0402
DEPOSITS
Sections:
5.042.005 Definitions
5.042.010 Residential Customer Deposits
5.0422.020 Commercial Deposits
5.0422.025 Project Review and Inspection
5.0422.027 Project Documentation Deposit(As-built Drawings)
5.0422.030 Employee Utility Deposits
4------- Formatted:Indent:Left: 0",First line: 0"
4------- Formatted:Indent:Left: 0",First line: 0"
5.042.005 Definitions—the following definitions will apply to all other chapters of the
District Code where the terms are used whether capitalized or not:
• "l2F0FFlPtlY"PPFGFFlPV is defined aG Re MOM than two late netiees OR the past 24
Tas 2 months..
• "GelleGtOGA
n
is defined as failuFe to pay final bill, FeGeipt ef MOM than two
late notiGes thepast 24 months, .,.
�.-t�rrne OF
�rre� -F} n r//
diGGeRneet fGF non payment of bill OF deposit in the last 24 months.
• "Establishing credit"is defined as at least two years of service with the District or a
prior utility with a history of paying"promptly"(see definition abovebelow).
�- - - Formatted:List Paragraph,Left, No bullets or
• "Good credit" is defined as no more than two late notices in the past 24-month numbering
period,no returned checks and no prior disconnects for non-payment in the last 24
months. Final bills must be paid within 30 days of the final billing date in order to
maintain good credit.
• Formatted:Font:Arial
-- - - - - - -------------------------------------------------------
• "Promptly/prompt"is defined as no more than two late notices in the past 24 month
period,no returned checks and no prior disconnects for non-payment in the last 24
months.
• "Qualifying credit-s6ere record"is defined V that GGGFe deteFFnined h,.the Deist +
that i
as-
3 Title 5, Customer Relations
5.042.010.3 Customers moving from one residence to another within the District eFRew
who have met the credit requirements in Section 5.042.010.4
below will not be required to pay a deposit.
5.042.010.4 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 maintained good credit
for the last 24 months of this period.
5.042.010.5 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.
5.042.010.6 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.
5.042.010.7 Interest paid on deposits will be the average rate paid by local banking
institutions on regular savings accounts and will be adjusted quarterly.
5.042.010.8 Upon termination of service,any retained deposit and accrued interestwill 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.
5.042.020 Commercial Deposits
5.042.020.1 A deposit or suitable guarantee equal to two times the highest monthly bill
within the last 24 months will be required of any customer before electric and/or water
service is supplied.
5.042.020.2 For a new commercial service or a new 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.
5.042.020.3 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
5.042.020.4 below,will not be required to pay a deposit.
5.042.020.4 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 maintained good credit for the last 24 months of
this period. Any new business type,even though opened under an established name,will
require a new deposit.
5.042.020.5 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 Title 5, Customer Relations
receiving service from the District.
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 5.042.
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 5.042.
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 5.042.
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
5.042.
5.04.020.5 In the event a residential or commercial customer declares bankrugtcy and_ - Formatted:Font:Bold
requests to continue service,the District will close the customer's existing account(s)as of
the bankruptcy filing date. The District will continue service to the customer under a new
account number provided the customer re-establishes the account by completing a new
application for service and re-establishes credit with the District by paying a new deposit
Any deposit held on the previous account will be applied to the final bill upon closing
5.04.020.E In the event a residential or commercial customer declares bankru tc and ----- Formatted:Font:Bold
vacates the property,water billings will continue to the customer from the bankruptcy filing
7 Title 5, Customer Relations
until such time as a bank, mortgage company or new owner files a change in title or the
customer provides evidence that they are no longer the legal owner of the property.
Once new ownership of the property is established the water account will be
transferred into the name listed on the county record as of the property sale or transfer
date.
5.080.010.9(B) Monthly electric and/or water billings for properties in the foreclosure
process or on a"short sale" may be transferred into the name of a realtor or property
manager provided the realtor/property manager completes a service application for said
property and meets the deposit and credit requirements established in Chapters 5.02
and 5.04. The realtor/property manager will be required to put all services(electric and
water)into their name. Transfer/connection fees as established by the most recently
adopted Miscellaneous Fees Schedule shall apply.
5.08.010.10 In the event of fire or other catastrophic event 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.The District may begin billing for water within one year for any
of the following reasons:
Usage recorded by the water meter
Certificate of Occupancv issued
Sale/transfer to new customer
Mailing address change to residence
Information from customer/District personnel indicating occupan
Electric usage indicates occupancy
5.080.010.10(A) Where a residence or business has been demolished specifically for
purpose of rebuild or remodel (not due to fire or other catastrophic event)water charges
will continue to be billed on a monthly basis.
5.08.010.11 Water billings for new construction of
residential dwellings and commercial properties shall begin on the day the water meter is
installed.
the following FeaGORS',
Gertifir.ate Of QGGUpaRGY issued
Mailing address Ghange to residenGe
9 Title 5, Customer Relations
service.
5.09.010.5 The District assumes no responsibility for enforcing or interpreting any agency or rental
agreement between its customers and their tenants or agents.
CHAPTER 5.12
DISCONTINUANCE AND RESTORATI DISCONNECTION AND RECONNECTION OF
SERVICE
Sections:
5.12.010 Termination for Non-payment—Electric and/or Water Service
5.12.020 Customer's Request for DisGGntinuanGe Disconnection of
Service-Electric
5.12.030 Customer's Request for Disr.Gntinuanre Disconnection of
Service-Water
5.12.040 Owsrontenuanre.Disconnection of Electric or Water Service by
District
5.12.050 RestWato Reconnection of Water Service
5.12.055 Reconnection of Electric Service
5.12.060 Customer's Responsibility when Electric and/or Water
Service is DISGORtin Disconnected
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 and mailed 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. This notice will also be mailed to a third party or a co-signer.
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 Section 5.12.010.2 is not required to
contain that information.
11 Title 5, Customer Relations
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 attemptbefere
,to contact the customer at the service address
prior to disconnecting service.—A trip
charge to disconnect electric and/or water service(s) shall be added to the customer's
account regardless of whether or not the disconnect is actually performed Refer to the
Miscellaneous Fee Schedule for current charges.
5.12.010.4(E)(2)No payment arrangements will be made in the field. All payments must
be made through the District office either by phone or in person
the GOIIeGtOnce a District employee is sent to terminate a service the service will be
disconnected until such time as the customer has made acceptable payment arrangements
through the office.
6.12.010.4(E)(3)GustemeFG who Fegulady(MOFe than 2 tomes iA a 12 month peFied)wait.
to Fnake theffiF payment to the Gol!eGtOF OR the day of teFMinatien will be diGGenneGted. TIM
GUstemeF wall have to go Onto the OffiGe to Fnake payment befOFe theiF 6 1
jested:
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.
5.12.010.4(H) Customers who have been disconnected for non-payment,made payments
against uncollectible funds(i.e.check returned for insufficient funds closed account etc)
to avoid disconnection, 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 5.042.
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.
5.12.020 Customer's Request for Disconnection of Service —
Electric
5.12.020.1 The District shall permit a physical disconnection from the electric system when
13 Title 5, Customer Relations
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 disGeRtinu
disconnected by the District without notice where:
5.12.040.2(A) Unsafe/hazardous condition or illegal apparatus - the District may
disseratiAue-disconnect 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 of
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 disconnect 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,
dissentinue 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 d+scdisconnect
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 disGentinuanee disconnect 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 diseentinee-disconnect
or refuse service to any building that has been condemned by the proper state,county or
governmental authorities. Such disGeRtinuaRGe disconnection will remain in effect until all
conditions are met and fees are paid regarding a new service,and the service is inspected
15 Title 5, Customer Relations
including labor,material,equipment and applicable overheads in lieu of the customary fee
set forth in the Miscellaneous Fee Schedule.
5.12.050.7 Should a customer decide to abandon the water service to a vacant parcel or
to a parcel where the residence/building has been demolished the customer shall sign a
statement indicating their decision and agreeing that should they or a new
owner/developer decide to reinstate the water service they will be subject to paying any
and all connection and facilities fees in place at the time of reinstatement. These accounts
will be treated as new construction with no credits toward their prior fees. Where the water
service has been abandoned, the parcel will be assessed a water standby charge until a
new service is established with the District.
5.12.055 RestWafie*-Reconnection of Electric Service
5.12.055.1 In those instances where the service to a customer has been disconnected,
with or without notice, service shall not be FesteFed reconnected until such time as the
customer has taken 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.
5.12.055.2 Within five years, same size service: If service of the same amperage and
voltage is re-established within five years of the date of diSGORtinuanredisconnect, 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 disGentinuanese disconnect 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 FesteFe-reconnect 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
dissentinuansedisconnect,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
17 Title 5, Customer Relations
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 under this rule,regarding any 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 charge was
wrongfully made.
5.16.030.5 A copy of the above investigation and appeal procedures is available at the
Customer Services counter or on the District's website.deSGF*bed on the baGk of the
GUStOFReF 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(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
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
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 and Facilities Fees
Charges". The applicant will be required to pay the fee prior to the provision of service.
5.20.010.2 Temporary service for construction purposes The connection fee for
temporary service(which will result in a permanent electric service)is a charge determined
19 Title 5, Customer Relations
5.24.010 Domestic Electric Rate Schedules - Permanent (11310) and Non-Permanent
Residents(S10)
5.24.010.1 Electric rates as shown in"Electric Retail Rates— sGhedules.Permanent(P10)and
Non-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.
5.24.010.3 Permanent(P10)Rate-The permanent resident rate is currently billed to those - Formatted:Font:Bold
customers who occupy their homes on a full-time basis.
5.24.010.4 Non-Permanent(S10) Rate-The non-permanent resident rate is billed to those --- Formatted:Font:Bold
customers who occupy their homes on a part time basis for vacations weekends ski leases
etc.
5.24.010.5 Determination of the applicable rate is at the sole discretion of the District - Fom,atted:Font:Bold
Customers requesting the permanent resident rate will be required to provide sufficient
evidence documenting that they are a full-time resident of the District.
5.24.010.6 It is the customer's responsibility to notify the District and provide sufficient
evidence documenting that they are a permanent resident per Section 5.24.010.3. The
effective date of the change in rate from non-permanent to permanent will be the date the
customer provides sufficient evidence that they are a permanent resident. No refunds will be
issued.
5.24.010.7 In the event an error has been made by the District resulting in an account being _ Formatted:Font:Bold
billed on an incorrect rate,the District will refund to the customer the overcharge back to the
date such error occurred.
5.24.020 Commercial Electric Rate Schedule Small(15)
5.24.020.1 Electric rates as shown in "Electric Retail Rates_Schedule-Small Commercial
Rates(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)
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 monthly 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.
21 Title 5, Customer Relations
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 method
and analysis for the determination of the impact of new development on the need for and costs
for additional water facilities within the TFUGkee 9GRReF PubliG 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 TFUGkee DGRAW PUIDIRG 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 TrUGkee Donner PubliG 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 District to parcels served by the TFUGkee
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
PUb4iG 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 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.
23 Title 5, Customer Relations
• "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 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
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
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
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:
• Identify the purpose of the fee.
• Identify the use of the fee. If the use is financing public facilities, the facilities shall be
25 Title 5, Customer Relations
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 TFUGkee DORR8F PUbliG Utility District and shall not be used
for maintenance or operations.
5.26.010.10(B)Funds from the Water Facilities Fee Trust Restricted Fund may only be used
for water facilities purposes and funds from the Electric Facilities Fee Trust Restricted 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 for advanced
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 5.26.010.10 A 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 Facilities Fee Trot
Restricted 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 TFus Restricted 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
the 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
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
27 Title 5, Customer Relations
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 became effective on December 6, 1989.
5.26.020 Expiration of Fees Facilities Fees paid will be effective for a period of five 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
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 to be performed by the District,will be charged the actual cost of the service
performed, including material, labor, equipment, overhead, administrative costs and any
appropriate facilities fees unless a flat fee has been established to provide the service
(see Miscellaneous Fees Schedule-Water).
29 Title 5, Customer Relations
duplex and other multiple dwelling units, trailer parks, public use, dedicated irrigation
single family properties with meters greater than 1" in size and other commercial
establishments shall consist of three components,a base charge a commodity charge and
a_pump zone charge.
These water rates are set by ordinance approved by the Board of Directors and can be
found in Appendix A—Water Rates.
5.32.030 Terms of Service- Service under this schedule is subject to the District's rules - Formatted:Font:Bold
regulations and codes for receiving water service.
� ----- Formatted: No bullets or numbering
5.32.040 Miscellaneous Services- Fees and charges for miscellaneous services
performed by the District are defined in the most recent Miscellaneous Fee Schedule -- Formatted:Tab stops: 0.85",List tab
CHAPTER 5.36
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 - Copies of these policies, service area maps, and forms of
contracts and applications relative to electric and/or water service;
5.36.010.1(C) Rates-Copies of the rates and fees for electric and/or water service.
5.36.010.2 Upon request,a customer will receive a statement of such customer's monthly
kWh consumption or gallons of water consumed if the service is metered for the prior
twelve month period. There is no charge for this service.
5.36.010.3 Requests for information may be made in person at the District office, by
phone,fax, e-mail or by mail.
31 Title 5, Customer Relations
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 or semi-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 or semi-
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.
5.37.030.3 With respect to other important issues so designated by the General Manager
or the Board of Directors, the method of initial communication shall be determined on a
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
33 Title 5, Customer Relations
CHAPTER 5.40
COMPLAINT PROCEDURE
Sections:
5.40.010 Customer Complaint Procedure
5.40.010 Customer Complaint Procedure
5.40.010.1 Gernplaintformswill be numbered-.Complaints will be logged by the Customer
Services Department.
5.40.010.2 Appropriate documents,
pertaining to the complaint shall be given to the Customer Services Manager.
5.40.010.2(A) The first GOPY Will go to the appFepFiate depaFtFnent h The Customer
Services Manager will distribute the complaints to the approprate department heads.
.
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
pending file and filed together with the Original an a GOMpleted log will be marked with
the date of resolution and the steps taken for resolution of the complaint
5.40.010.4 A-Monthly,the loq�et 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 boxes in traffic flow(foot or vehicle).
5.40.010.6(B) Electric Department - outages, downed wires or poles, sparking wires,
35 Title 5, Customer Relations
approval by the department head and the General Manager.
CHAPTER 5.53
ANNEXATION OF PROPERTY TO THE DISTRICT
Sections:
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.
5.53.010.2. 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),.
c. The District must evaluate and find that there is sufficient capacity within the
water system to provide service:;
d. If the District finds that there is not sufficient capacity in the existing water
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,.
e. 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
37 Title 5, Customer Relations
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.
Resolution 2008-25,8/6/08
38 Title 5, Customer Relations
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:
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,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
personally by the customer or his authorized representative,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 Line Extension Paybacks
5.48.010 Line Extension Paybacks
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
36 Title 5, Customer Relations
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 or semi-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 Managerwill 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
5.39.020.3 The program shall be simple to administer and shall promote direct contact
between the District and its customers.
34 Title 5, Customer Relations
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 Board 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 or semi-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 DistrictB
Master Plan or local General Plan review,shall be discussed as part of the Board budget
sessions prior to adoption of the annual or semi-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.
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
32 Title 5, Customer Relations
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 Resodentoal WateF RatesDistrict Goal
5.32.011 Residential Water Rates
5.32.020 Commercial Water Rates
5.32.030 Terms of Service
5.32.040 Miscellaneous Services
5.32.010 .District Goals It is the District's foal that all _- Formatted:Underline
customers are equipped with a water meter and billed volumetrically based upon their
usage. It is the District's intent to install water meters on all water services and to transition
to metered rates by January 1,2013.
5.32.010.01 Residential Water Rates— -- Formatted:Font:Bold,Underline
,5.32.010.01(A) .Metered Water. Rates The Domestic Water Rates for single family__- Formatted:Font:Bold
---------------------------------------
hemesproperties,individual condominium units and townhouse units equipped with a meter Formatted:Font:Bold,Underline
shall consist of three components,a base charge,a commodity charge and a pump zone Formatted:Underline
charge.
5.32.010.01 B Unmetered Water Rates-The Domestic€oat-Water Rate for single family Formatted:Font:Bold
properties, individual condominium units and townhouse units not equipped with a meter Formatted:Font:Bold,Underline
shall consist of a fixed monthly rate and Formatted:Underline
the appropriate zonal pumping costs_
aPPFOPFiate flat zonal Fates. These r�ates aFe set by eFdinanGe appFeved by the BoaFd E)
D;resteFS.
5.32.020 Commercial Water Rates Commercial Water Rates for all shall apply to all
30 Title 5, Customer Relations
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
5.26.010.131A)The fees contained in Section 5.26.010.7 shall be reviewed by the Board of
Directors every budget cycle and after the completion of a
master plan(ref 3.01.01.1).
5.26.010.14 Enforcement Provision
5.26.010.14(A)TFUGkee Donner PUbliG Util*lThe 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
28 Title 5, Customer Relations
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
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 Payment 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 TFUst Restricted 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.
5.26.010.9 Water and Electric Facilities Fees T4ust-Restricted Funds Established
5.26.010.9(A)There are hereby established two(2) separate Facilities Fee Trust-Restricted
Funds: (1)the Water Facilities Fee TFst Restricted Fund and (2)the Electric Facilities Fee
TrusRestricted 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.
26 Title 5, Customer Relations
• 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:
• "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
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 system.
24 Title 5, Customer Relations
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.
I5.24.030.3 Monthly rates shall be as set forth in"Electric Retail Ratess—sGhedules Medium
Commercial Rates(20)and Large Commercial Rates(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.
The above rates are set by ordinance approved by the Board of Directors and can be found in
Appendix A—Electric Rates Residential and Commercial.
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 DiFeGtem.
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(13)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.
22 Title 5, Customer Relations
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. See Chapter 7.20.010 for further
detail.
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
most recent ordinance approved by the Board of Directors entitled"Amender t#e Electric
Connection and Facilities Fees Charges".
5.20.030 Connection Fees -Permanent Service, Multiple(Single and Three Phase)
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
convenience that is to be performed by the District, will be charged the actual cost of the
service performed including material,labor,equipment,overhead,administrative costs and any
appropriate facilities fees unless a flat fee has been established to provide the service.(see
Miscellaneous€sec#is-aeP.Fise-FeesFee Schedule—Electric).
5.20.060 Expiration of Fees Electric connection fees paid shall be effective for a period of
two years from the date of application. Applicant shall be subject to payment of increased
connection fees if the connection has not been made within two years of the date of
application.
CHAPTER 5.24
ELECTRIC RATES
Sections:
5.24.010 Domestic Electric Rate Schedules - Permanent (P10) and Non-
Permanent Residents(S10)
5.24.020 Commercial Electric Rate Schedule-Small (15)
5.24.030 Commercial Electric Rate Schedules-Medium(20)and Large(25)
5.24.040 Miscellaneous Services
20 Title 5, Customer Relations
IDisconnected
In the event a customer's electric and/or water service is diSGOntanu as a
result of voluntary termination, termination for failure to pay bills or any other reasons
stated in Sections 5.12.040.1 or 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
5.16.010.1 A customer who initiates a complaint or requests an investigation within five
days of receiving the contested bill or who has,within 13 days of mailing of a Late 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
investigation and shall report the result to the customer within 10 working days. The review
shall include consideration of whether the customer should be permitted to amortize the
unpaid balance of his account over a reasonable period of time not to exceed 4-2-24 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 (1)above.
No termination of service shall occur as a result of non-payment during a pending
investigation of a customer dispute or complaint.
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.
18 Title 5, Customer Relations
and approved by the proper building authorities.
5.12.040.3 In those instances where the District disesentinu disconnects electric or water
service to any customer without notice,the District shall notify the customer of the reasons
for the diSGGAtiRuanGe disconnection of service and the corrective action to be taken by
customer before service can be festersdreconnected.
5.12.050 RestWaf+en-Reconnection of Water Service
5.12.050.1 In those cases where the customer has requested dissentinaanee a
disconnection of service,the customer must pay the disconnection/reconnection charge as
established in the current Miscellaneous Fee Schedule. appFeved by the Beard e
s Additionally, billing will not be discontinued for customer requested
disconnections.
5.12.050.2 In those instances where the service to a customer has been disconnected,
with or without notice, service shall not be Festered-reconnected 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 diGGGRtiRuaRGedisconnect,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 FesteFe reconnect service.
5.12.050.4 Within five years, upgrade of service: If service is re-established within five
years of the date of diGGGRtinuaRGe disconnect 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 FeStOFe reconnect 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
disrentinuanGedisconnect,the customer shall make normal application for service as per
Chapter 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,
16 Title 5, Customer Relations
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 Disconnection of Service-Water
5.12.030.1 The District shall permit a physical disconnection fr^^^the.IAGteF 6y6te , shut
off at the water box)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 Reconnection of
Water Service.
5.12.040 Disconnection of Electric or Water Service by the District
5.12.040.1 With Notice The District may d+6se4Rue-disconnect 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 appl The—semplied with regarding any disconnect of
of service. Water billings will continue regardless of the reason for
disconnect.
5.12.040.1(A) Non-payment of bills -the District may disconnect, d+ssentin 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
5.12.010.4 Termination for Non-Payment.
5.12.040.1(A)(1) Default on amortization or payment agreements — the District may
disconnect electric or water service if a customer has failed to meet the terms of said
agreement.
5.12.040.1(B) Negligent or wasteful use of water, as determined by the District.
14 Title 5, Customer Relations
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 nNotice ofJermination of Service 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_, ,
that,wheneve When telephone or personal contact cannot be accomplished,the District
shall post in a conspicuous location at the premises,a notice of termination of service, at
least 48 hours prior to termination. A trip charge to deliver the 48-hour Final Notice of
Termination of Service shall be added to the customer's account. Refer to the
Miscellaneous Fee Schedule for current charges. Every notice of termination of service
shall include items of information as listed in Sections 5.12.010.3(A),(B),(C),(F)and(G)
above. The 48-hour Final Notice of Termination of Service will also be mailed to third
parties and co-signers.
5.12.010.4(B)The District shall make available to all its residential customers who afe-65
subdivision (b) of sertwen 16610 of the California WelfaFe and Institutions 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
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 a payment,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(C)(1) Customers will not be allowed to make more than two(2)written payment Formatted:Font:sold
agreements within a calendar year.
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.
12 Title 5, Customer Relations
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,A-the account will be referred to the Customer Services
Manager for special handling.
CHAPTER 5.09
OWNER/RENTER RESPONSIBILITIES-SERVICE TRANSFERS
Sections:
5.09.010 Owner/Renter Responsibilities
5.09.010 Owner/Renter Responsibilities
5.09.010.1 Each person who signs the District's service application becomes the District's customer
and is individually responsible for all charges regarding water and electrical service provided to the
requested service address.
5.09.010.2 In the event a customer desires to transfer service into another person's name,such
that the transferee is to become the District's customer, the transferee must make a separate
service application and post the appropriate deposit with the District. Written or verbal notice by a
customer that he or she desires to transfer service into another person's name will not be
recognized by the District,and that customer shall continue to be individually responsible for all utility
charges until such time as a new service application is completed and accepted, and the
appropriate deposit received.
5.09.010.3 In the event a customer desires to terminate their responsibility for payment of utility
charges,they must personally request that the utility service be disconnected.
5.09010.4 A property owner or his/her agent may authorize that service to their property be Formatted:Font:Bold
continued(automatic transfer)in the event that the current customer requests service be taken out
of their name or be disconnected. The property owner or his/her agent shall remain responsible for
all utility service charges whether or not the tenant has vacated the premises. Auto transfer
customers must maintain good credit with the District in order to be able to continue with this
10 Title 5, Customer Relations
date until a new property owner has been established.
CHAPTER 5.08
BILLING
Sections:
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 are mailed
to the customers.
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.
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.
5.08.010.6 A FetuFR9d GheGk charge will be issued to customers for each check or
electronic funds transfer returned for+Anon-sufficient funds or closed account. In the event
a notice of a returned check,check issued on a closed account or electronic funds transfer
for non-sufficient funds is delivered,a trip charge will be added to the customer's account.
Refer to the Miscellaneous Fee Schedule for current charges on returned itemsreturned
Gawk-and trip 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 or tenant's name. Billing will not be
discontinued for a customer requested disconnection, disconnections for non-payment
or for repair of customer lines.
5.080.010..9(A) Monthly water billings for homes in foreclosure, regardless of Formates:Font:Bold
occupancy, shall remain in the name of the owner of record based on county records Formatted:Font:Bold
8 Title 5, Customer Relations
5.042.020.6 Interest paid on deposits will be the average rate paid by local banking
institutions on regular savings accounts and will be adjusted quarterly.
5.042.020.7 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.
5.042.025 Project Review and Inspection
5.042.025.1 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.
5.042.025.2 Project inspection fees- Projects shall be subject to a deposit to cover the
actual costs of construction inspection. The amount of the inspection deposit will 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.
5.042.025.3 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 issued.
5.042.025.4 If costs incurred are in excess of the deposit,a billing for the amount over the
deposit will be rendered.
5.042.025.5 All charges must be paid prior to the District's acceptance of project systems.
5.042.027 Project Documentation Deposit(As-Built Drawings)
5.042.027.1 At the time that a Odeveloper 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
I $1,000. This deposit shall be held by the District and refunded to the Bdeveloper upon
successful completion of the as-built drawings. The 9developer shall not be due any
interest on monies held by the District.
See District Policy Regarding As-Built Drawings in Appendix B.
5.042.030 Employee Utility Deposits Any full time,regular employee of the District who
has not established credit with the District,whose full time residence lies within the District,
who is served water and/or electric power by the District shall not be required to make a
deposit unless he/she fails to maintain good credit. ". If the
employee fails to maintain good credit, ' ", the
eFnpleyee he/she will be required to pay the full deposit in order to continue receiving
service from the District.
15.042.030.1 If an employee's employment with the District is terminated prior to
It credit", he/she shall be required to pay the full deposit in order to continue
6 Title 5, Customer Relations
Equifax and will be modified thFOUgh BeaFd . derived from the applicant's
overall payment history, which includes unpaid balances to other utilities, as
determined through a credit reporting agency.
0 "Geed r.Fedit" is defined as no FneFe than twe late RetiGes an the past 24-Fne
FAGRths. Final bills must be paid within 30 days of the final billing date in 9FdeF t9
- Formatted:List Paragraph,Left, No bullets or
numbering
5.042.010 Residential Customer Deposits
5.042.010.1 A deposit, equal to two times the highest monthly bill within the last 24
months,will be required of all customers before electric and/or water service is supplied. In
cases where no billinq history has been established customers will be required to pay a
minimum deposit(electric and/or water)as defined in the Miscellaneous Fee Schedule.
5.042.010.1(A) Customers who are able to provide the District with a-letters from a-prior or
current electric and water utility-utilities 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 letters
from the electric and water utility-utilities must show that the customer has had the utility
services in his/her name for at least 24 months, has paid their bills"promptly"and is not
currently past due on any accounts with that-those utWWutilities.
5.042.010.1(B)Customers who provide evidence of home ownership will not be required to
pay a deposit,unless they have " failed to maintain good credit
in the past or " fail to maintain good credit in the future
according to District's credit and collection policies.
5.042.010.1(C)Customers who maintain pFewde a"qualifying credit—osererecord"based on
information from a credit reporting agency, will not be required to pay a deposit, unless
they have failed to maintain good credit " in the past or fail to
maintain good credit " in the future according to District's
credit and collection policies.
5.02.010.1 D Customers may have another l2arly sign on their account as a co-signer in Formatted:Font:Bold
order to have their deposit waived. Co-signers are equally and severally responsible for
the balance owing on an account including a closing balance even if the co-signer was not
aware of the unpaid balance. A co-signer must be a current customer in good credit
standing with the District.
5.042.010.2 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. New
construction customers who have met the credit requirements in Section 5.02.010.4 below
will not be required to pay a deposit.
4 Title 5, Customer Relations
• ent"is the erson s or management company authorized by the groReqy owner------ Formatted:Right: 0",Bulleted+Level:1+
to manage his/her property. Aligned at: 0.25"+Indent at: 0.5"
t_ Formatted:Font:Not Bold
• '&Rlicant"is a person(s),business corporation or agency in whose name service is~ Formatted:Right: 0"
rendered for a particular account as evidenced by the authorized signature on the ? Formatted:Right: 0",Bulleted+Level:1+
application for service. Aligned at: 0.25"+Indent at: 0.5"
Formatted:Font:Not Bold
• "Co-Signer"is a person who signs on an application with an applicant and is gguanr,, Formatted:Font:Not Bold
and severally responsible for full payment of the applicant's bill. The co-signer must Formatted:Font:Not Bold
be a current customer in good credit standing with the District Formatted:List Paragraph,Left, No bullets or
numbering,Tab stops:Not at -1"
• "Customer" is the person(s), business corporation or agency in whose name*,,' ', Formatted:Right: 0",Bulleted+Level:1+
Aligned at: 0.25"+Indent at: 0.5"
service is rendered for a particular account as evidenced by the authorized
Formatted:Font:Not Bold
signature(s)on the application for service.
Formatted:Indent:Left: 0",Right: 0"
• "Property Owner(s)"is that person business or corporation t', Formatted:Right: t +Level:1+
�, Aligned at: 0.25"+Indent a at:: 0.5"
who legally owns a property served by the District or has applied for service from-,',`', Formatted:Font:Not Bold
the District and may or may not be the customer.
Formatted:List Paragraph,Left, No bullets or
numbering,Tab stops:Not at -1"
• "Renter/Tenant"is the persons) business,corporation or agency,who is authorized,, Formatted:Right: 0",Bulleted+Level:1+
by a property owner to occupy their property. Aligned at: 0.25"+Indent at: 0.5"
Formatted:Right: 0"
5.01.010 Requirements Formatted:Right: 0",Bulleted+Level:1+
Aligned at: 0.25"+Indent at: 0.5"
,5.01.010.1 General-Each applicant for electric and/or water service from the District shall Formatted:Font:Not Bold
complete the necessary application for service and meet the requirements established by ;, `, Formatted:Right: 0"
the District. Formatted:Indent:Left: 0",Right: 0"
~ Formatted:Font:Bold
5.011.010.2 Property Owner(s)-Applicants who are property owners who wish to become-,' Formatted:Font:Bold,Underline
customers of the District are required to provide documentation showing ownership of the ':�, Formatted:Right: 0"
property. Required documentation must be provided prior to service being rendered.
t,
Formatted.Font:Bold
5.01.010.3 RenterLsyjenantLs)-An applicants)who wishes to become a customers)of `', Formatted:Indent:Left: 0",Right: 0"
the District is required to provide documentation showing authorization to occupy the Formatted:Font:Bold,Underline
property where service is to be provided.Required documentation must be provided prior „;,' Formatted:Right: 0"
to service beinq rendered. Formatted:Indent:Left: 0",Right: 0"
Formatted:Underline
5.01.010.4 All applicants for service must agree to pay the applicable rates, fees and Formatted:Underline
charges and abide by the resolutions ordinances, rules and regulations of the District or Formatted:Underline
other governing agencies as a condition of receiving service. Formatted:Underline
Formatted:Font:Not Bold
5 01 010 A An applicant for service who owes any amounts for previous utility service(s) Formatted:Font:Not Bold
provided by the District either directly or indirectly, under their name or any other name
Formatted:Font:Not Bold
must make arrangements for payment prior to utility service being rendered.
Formatted:Font:Not Bold
J5.01. 10.6 Applicants for service will be billed service transfer fees as established in the Formatted:Font:Bold
Miscellaneous Fee Schedule.
2 Title 5, Customer Relations
Title 6, Water Service
1/7/09 TITLE 6
WATER SERVICE
CHAPTERS
6.00 General
6.01 District Responsibilities
6.02 Groundwater Management Plan
6.03 Reports&Planning Documents
6.04 Application for Service-New Construction&Up-grades
6.08 Continuity of Service
6.12 Temporary Service
6.16 Policy for Commitment to Provide Water Service
6.18 Water Main Extensions
6.20 Refusal to Serve
6.28 Future Water Service Demands
6.36 Unauthorized Use of Water
6.40 Resale of Water
6.44 Fire Protection
6.48 Service Lateral Connections and CustomerCensumer
Facilities
6.50 Hazardous Materials
6.52 Metering
6.54 Protection of District-Owned Facilities
6.56 Backflow and Cross-Connections
6.60 Repairs and Maintenance
CHAPTER 6.00
GENERAL
Sections:
6.00.010 GENERAL
6.00.010 General
6.00.010.1 These Water Service Policies have been adopted by the
District (Distrist) in the interest of efficiency, economy, reliability and safety in regulating and
administering the distribution of water to its Gcustomers. They are subject to revision by the Board
of Directors of the District from time to time in order to meet these objectives.
6.00.010.2 The District shall furnish services under its current rate schedules and these policies as
approved from time to time by the Board of Directors of the District and shall govern all service
except as specifically modified by the terms and conditions of the rate schedules or by written
contracts.
6.00.010.3 Any dispute arising between an applicant and the District regarding interpretation and
administration of these rules will be referred to the Board of Directors for final decision.
Title 6 Page 1
Department of Water Resources Bulletin 118. DWR Bulletin 118 identifies the Martis Valley
Groundwater Basin as being within the North Lahontan Hydrologic Study Area and designates the
basin as Basin No.6-67.
6.02.020 Groundwater Monitoring Plan - The Groundwater Monitoring Plan will monitor
groundwater levels to enable comparison with historic water levels;track static water levels over
time to evaluate changes due to recharge variations(drought conditions)and groundwater pumping;
and maintain a database of groundwater usage to assure a continued supply of high quality water
for the residents of the Truckee area.
6.02.020.1 Data Collection-Data collection activities shall include on-going data collection of
District sources.
CHAPTER 6.03
REPORTS&PLANNING DOCUMENTS
Sections:
6.03.010 Consumer Confidence Report
6.03.020 Urban Water Management Plan
6.03.030 Water System Master Plan
6.03.010 Consumer Confidence Report - The District shall prepare an annual Consumer
Confidence Report(CCR) in accordance with the requirements of the California Department of
Public Health. A copy of the CCR shall be mailed to all active water system customers. A copy of
the CCR shall be made available to any other interested party upon request.
6.03.020 Urban Water Management Plan - The District shall prepare an Urban Water
Management Plan(UWMP)every five years in accordance with the requirements of the California
Department of Water Resources. Copies of UWMP shall be made available for public review at the
District offices.
6.03.030 Water System Master Plan-The District shall periodically update its Water System
Master Plan. The interval between updates shall be at most ten years. Copies of the Water System
Master Plan shall be made available for public review at the District offices.
CHAPTER 6.04
APPLICATION FOR SERVICE—NEW CONSTRUCTION&UPGRADES
Sections:
6.04.010 General
6.04.020 Change in Customer's Equipment or Operations
6.04.030 New Construction and Upgrades
6.04.040 As-built Drawing Procedures
6.04.010 General Each applicant for water service shall complete the necessary application and
shall pay to the District the current fees as determined by the District.
Title 6 Page 3
Providing service to a water project,as may_be outlined in individual development agreements.
6.04.030.3 The General Manager shall develop operational methods for staff use to implement the
intent of this policy.
6.04.040 As-Built Drawing Procedure—See Section 5.01.027 regarding project documentation
deposit and Appendix B for District Policy Regarding As-built Drawings.
CHAPTER 6.08
CONTINUITY OF SERVICE
Sections:
6.08.010 General
6.08.020 Emergency Interruptions
6.08.030 Scheduled Interruptions
6.08.040 Apportionment of Supply
6.08.010 General
6.08.010.1 The District will exercise reasonable diligence and care to deliver to its customers a
continuous and sufficient supply of safe and potable water at a proper pressure and to avoid,so far
as reasonably possible,any interruption in delivery. When such interruptions occur,the District will
endeavor to re-establish service as soon as is reasonably and practicably possible,consistent with
its considerations for safety of its customers and the general public.
6.08.010.2 The District acknowledges that certain areas have relatively low pressure and that
continued measures are being taken to increase pressure.
6.08.010.3 The District will not be liable for interruptions,shortages,or insufficiency of supply or
any loss or damage of any kind or character occasioned thereby.
6.08.020 Emergency Interruptions
6.08.020.1 Should an emergency interruption, shortage, or insufficiency of supply occur which
affects the service to any public or private fire protection device,the District will promptly notify the
Fire Marshall or other official responsible for fire protection within District boundaries.
6.08.020.2 Under disaster conditions, the District will cooperate to the fullest extent with all
governmental agencies having authority within District boundaries.
6.08.030 Scheduled Interruptions
6.08.030.1 Whenever the District determines that an interruption in service is necessary for any
purpose,it will attempt to notify all customers to be affected by the interruption of the approximate
time and duration of the interruption, if reasonably possible.
Title 6 Page 5
6.16.010 Policy for Commitment to Provide Water Service
6.16.010 Policy for Commitment to Provide Water Service
6.16.010.1 . The
District will provide a"Will Serve Letter"to a property owner upon written request and under the
following conditions:
G e�
6.16.010.31(A) A sufficient capacity to deliver water exists;..
6.16.010.1 (B) The property is within the District's service area - Formatted:Font:sold
6.16.010.3(G) All appliGable fees have been paid in full to the D*&W,,A-,
DifeGt9Fs.
6.16.01 Q.2 Once the District's conditions have been met,water service will be provided _ --_ --- Formatted:Font:(Default)Arial,11 pt,Bold
Formatted:Font:(Default)Arial,11 pt
CHAPTER 6.18 Formatted:Font:(Default)Arial,11 pt
WATER MAIN EXTENSIONS
Sections:
6.18.010 Water Main Extensions
6.18.010 Water Main Extensions
6.18.010.1 Each applicant for service requiring an extension or modification of the water distribution
facilities shall furnish at his expense such extension or modification.
6.18.010.2 The District at its option may require such applicant to install water distribution facilities
with more capacity,of greater length,or of a different route than would be required for the service
requested(hereafter"excess facilities"). In such event,the District may reimburse the applicant for
the costs of such excess facilities if such excess facilities are required solely to benefit,improve or
upgrade service to existing District customers. If, however, such excess facilities are deemed
necessary by the District for the orderly development of an integrated water distribution system,the
District shall:
1. Reimburse the applicant for the costs of such excess facilities,or
2. Require the applicant to install and pay the cost of such excess facilities,and the applicant
Title 6 Page 7
8. Upon completion of the construction and review of the cost documentation submitted by the
applicant,the District shall provide final documentation to the applicant of the total amount
eligible for reimbursement.
9. No adjustments to the amount eligible for reimbursement shall be made for the effects of
inflation(or deflation).
10.When subsequent parties that owe money through reimbursement,request service from the
District, the amount owed shall be paid to the District. The District shall then pay the
appropriate amount to the individuals who are the owners of record of the project APN on
the date that ft-A-the subsequent parties are connected. Each subsequent party shall be
subject to an administrative charge to cover administrative duties associated with the
reimbursement.
6.18.010.3 All water distribution facilities installed hereunder shall be and remain the property of
the District.
6.18.010.4 Size and location of facilities installed shall be specified by the District. Type and
quality of material shall be that specified by the District.
6.18.010.5 The installation of main extension does not alleviate the applicant from the payment of
Facilities Fees or Connection Fees.
6.18.010.6 Properties to be connected to the water system must be adjoining a distribution main.
Extension of water distribution facilities shall be required for service to parcels not adjoining an
existing distribution main. Distribution system extensions or modifications may be required to meet
current system design and capacity criteria. The District may determine that it would not be in the
best interest of the District to allow a system extension or modification.
6.18.010.7 If, by reason of a lot line adjustment or lot split, water service to a parcel no longer
satisfies the requirement of Section 6.18.010.6,water service to the nonconforming parcel may be
terminated until such time as it is brought into compliance with District regulations.At such time that
the District becomes aware of a nonconforming parcel,the District will notify the property owner and
initiate the process of bringing the water service into compliance with District requirements. The
District will require the property owner to bring the water service into compliance within 30 days from
notification. During the Lahontan Regional Water Qualify Control Board (LRWQCB) no soil
disturbance period between October 15th and April 30th,the property owner will be given 30 days
beginning May 1st to complete the required modifications.
6.18.010.8 An applicant for water service or existing customer may apply for a variance from the
service requirements of the District.The variance shall be submitted in the form of a letter stating the
requested variance, the reasons for the request and shall include a non-refundable fee of five
hundred dollars($500).The request shall be reviewed bythe Water System Engineer and General
Manager of the District.If both agree to grant the variance,the variance is granted.If either or both
deny the variance,the variance is denied.If the variance is denied,the applicant may appeal to the
Board of Directors.
6.18.010.9 In granting a variance to District requirements,conditions may be imposed to mitigate
any adverse impacts to the District water system caused by the nonconforming facilities.
CHAPTER 6.20
Title 6 Page 9
UNAUTHORIZED USE OF WATER
Sections:
F
6.36.010 Unauthorized Use of Water
6.36.010 Unauthorized-Use of Water
6.36.010.1 When the General Manager determines that a customer or other person or entity has
received wed-unauthorized water service,or when the General Manager determines that a
customer or other person or entity has caused water service to be improperly or inaccurately
metered,the District shall render bills for such service,including administrative costs,based upon its
reasonable estimate of the service actually furnished for the full period during which the service was
wed-unauthorized.
6.36.010.2 The customer will be held liable for District's facilities located on their property which are Formatted:Font:Bold
tampered with regardless of who did the tampering.
6.36.010.3 The District may disconnect service without notice or refuse service if the customer's Formatted:Font:Bold
actions or the condition of his/her premises is such as to indicate an intent to defraud the District-------- Formatted:Font:Bold
6.36.010.4 In the event water service is disconnected due to unauthorized use of water,all costs Formatted:Font:Bold
associated with restoring water service to a propertywill be the responsibility of the customerorthe
party requesting to have the water service restored.
6.36.010.5 The customer is res onsible to restore their service to its original state Qursuant to the - Formatted:Font:Bold
District's Policies and Water System Construction Standards prior to the District reconnecting
service. The District will perform an inspection to verify the diversion has been corrected
6.36.010.26 When the General Manager determines that a violation of California Penal and/or Civil
Codes governing the unauthorized use of water with the intent to defraud,may have occurred,the
General Manager shall contact the appropriate County District Attorney's Office, and inquire
concerning the feasibility of filing criminal charges against the person or entity suspected of violating
such Penal and/or Civil Code sections. If,after such inquiry,the General Manager determines that it
is in the best interest of the District to file such criminal charges, and that there is a reasonable
possibility of successful prosecution of any such person or entity,then the General Manager shall,
on behalf of the District,file criminal charges with the appropriate District Attorneys Office.
CHAPTER 6.40
RESALE OF WATER
Sections:
6.40.010 Resale of Water
6.40.010 Resale of Water
6.40.010.1 Customers shall not resell any of the water received from the District.
Title 6 Page 11
6.48.030 Number and Sizing of Service Laterals
6.48.040 Control Valves
6.48.050 Customer'sGensumer-!s Facilities
6.48.060 Water Leaks on Customer-Owned Facilities
6.48.070 Right of Access
6.48.080 Damage to District's Facilities
6.48.010 Installation of Service Laterals
6.48.010.1 The District shall at the request and expense of any applicant,furnish and install service
laterals of suitable capacity from a water main to a point to be determined by the District, between
the existing or proposed curb line and the property line of the premises abutting upon a street or
other thoroughfare, or along District's right-of-way or easement. The service lateral, the meter,
meter accessories and meter box are the property of the District and shall be maintained by the
District and may be removed upon disco nnectiontinuanse of service.
6.48.010.2 Only duly authorized employees or agents of the District are permitted to install service
pipes from the District's main to the customer's point of service.
6.48.020 Ownership of District Service Laterals-Depending upon the service type,a defined
point of service will be determined by the District. The District is responsible for all service laterals
up to this defined point of service.
6.48.030 Number and Sizing of Service Laterals—Sizing of service laterals feeding a given
location shall be determined by the District. The quantity of service laterals feeding a given location
shall be determined by the District.
6.48.040 Control Valves-The District shall install a suitable valve as close to the meter location
as practical,the operation of which will control the entire supply from the service.
6.48.050 Customer's Facilities-From the defined point of service,the customer Formatted:Font:Bold
- - - - - - - - ----------------------------
shall,at his own risk and expense,furnish and install all equipment that may be required to receive,
control, apply and utilize water service and shall be responsible for maintenance and repair of all
piping.
6.48.060 Water Leaks on Customer-Owned Facilities—The customer shall be responsible for
the cost of all water lost due to leakage.
6.48.070 Right of Access-The District or its duly authorized agents shall have at all reasonable
times the right of ingress to and egress from the customer's6�o„ —premises for any purpose
properly connected with water service.
6.48.080 Damage to District's Facilities-The customer shall be liable for any damage to meters,
meter boxes or other facilities owned by the District caused by an act of the customer or his tenants,
employees, agents, contractors, licensees, or permittees including damage caused by freezing,
steam, hot water,chemicals,or other factors outside the control of the District.
CHAPTER 6.50
HAZARDOUS MATERIALS
Section:
Title 6 Page 13
6.52.020.4 Piping within District-owned meter boxes is often electrically isolated from the customer-
owned service lateral. Customers shall not connect electric-resistance type thawing equipment to
piping within a meter box to thaw a frozen customer-owned service lateral.
6.52.020.5 .Damage to District's Facilities—The customer shall be liable for any damage to Formatted:Font:Bold
meters,meter boxes or other facilities owned by the District caused by an act of the`customer or his `' Formatted:Font:Bold,Underline
tenants, employees, agents, contractors, licensees or permittees including damage caused by Formatted:Not Highlight
freezing,steam, hot water,chemicals or other factors outside the control of the District
Formatted:Not Highlight
6.52.030 Access to Meters-Meters and related equipment may be installed by the District upon
the customer's premises,in a location approved by the District. Such locations shall at all times be
made accessible to District personnel,for meter reading,inspection and testing.
6.52.040 Meters are Required-All new construction that is provided with water service for any
purpose shall be equipped with a water meter. Installation of a detector check meter is acceptable
for fire sprinkler services.
6.52.040.1 Number of Meters—Residential
For single-family residential housing,one meter per parcel is required. If there exists an outbuilding
such as a garage,the property owner may install a second meter at his option. The second meter
shall be subject to all appropriate Facility Fees and Connection Fees in effect at the time that the
meter is installed. The existence of a small rental unit(mother-in-law quarters)that is approved and
permitted by the governing land use agency(Nevada County, Placer County or Town of Truckee)
shall not mandate the installation of a second meter. Installation of appropriate backflow equipment
will be required.
For multi-family residential housing,one meter per parcel is required. For condominium units within
a single structure,each individually owned unit shall have a separate meter. For apartments under
the ownership of a single entity, a master meter serving all units, or separate meters serving
individual units may be installed,at the option of the owner.
Multi-family residential housing is subject to the requirements of AB 1881.
6.52.040.2 Number of Meters—Non-Residential
For non-residential development that consists of units under single ownership that are rented to
more than one party, a master meter serving all units,or separate meters serving individual units
may be installed,at the option of the owner.
For non-residential condominiums within a single structure,the entire structure may be served with a
single meter or separate meters serving individual units may be installed,_
Non-residential development is subject to the requirements of AB 1881.
6.52.040.3 Number of Meters—Mixed-Use
For mixed-use development that consists of both residential and non-residential units,the residential
units must be metered separately from the non-residential units.
For mixed-use development where all units are under single ownership and are rented to more than
one party,a minimum of one master meter serving all residential units and a second master meter
serving all non-residential units is required. Separate meters serving each individual unit may be
installed at the option of the owner.
Title 6 Page 15
6.52.040.6 Number of Meters—Condominium Conversions
In the event that a property owner requests a change in the type of ownership at a given location,
the owner shall submit documentation to the District describing the proposed changes. The District
will require that the property comply with all current requirements regarding account ownership and
the number of meters serving a given location, including the payment of Facility Fees and
Connection Fees. The property owner shall be given credit for the current Facility Fee value of the
old meter that will be removed. The District may also require the installation of additional backflow
protection equipment.
6.52.045 Submetering of Water for Resale
Sub-metering for the purpose of allocating a combined water bill among individual units is not
allowed.
6.52.050 Standard of Accuracy-Every meter shall be tested prior to its installation and no meter
will be installed which has an error of more than 2 percent fast or slow. Factory testing performed by
the meter manufacturer shall be acceptable for compliance with this requirement.
6.52.060 Tests-Any customer may request that the District test the meter serving his premises.
The customer shall deposit an amount sufficient to cover the reasonable cost of the test pursuant to
the Miscellaneous Fee Schedule.asfeAeWS�
Si76
or\ICTC� AMOUNT OF DEPOSM FiiallR
��
The customer shall be notified not less than five calendar days in advance of the time and place of
the test,which shall thereafter be performed by a qualified meter testing facility astPeFSORRel. In
the event that the meter is found to be more than 2 percent fast,the deposit will be refunded.
PFeseRGe of Gusteme's FepFeseRtatiye. A written report giving the results of the test will be furnished
the customer within ten calendar days of completion of the test.
6.52.070 Meter Errors
6.52.070.1 Where,in the opinion of the District,appropriate tests reveal that a meter is registering
more than 2 percent fast,the District will refund to the customer the amount of the overcharge based
on corrected meter readings for the period the meter was in use,not exceeding six months.
6.52.070.2 Where,in the opinion of the District,appropriate tests reveal that a meter is registering
more than 5 percent slow,the District will bill the customer for the amount of the undercharge based
on corrected meter readings for the period the meter was in use, not exceeding six months.
6.52.080 Non-reaisterina Meters -Where the District determines that a meter is not properly
measuring or has stopped measuring water consumption due to improper functioning of the meteror
meter accessories, it may charge such customer for the period the meter was not functioning,
provided, however, that such period shall not exceed six (6) months. Such charge shall be
computed upon a comparison of prior consumption during a similar service period.
6.52.080.1 Where the District determines that a meter is not properly measuring water
consumption due to any unauthorized person's actions,whether qualified or not,the service may be
Title 6 Page 17
6.54.030 Protection of Service Laterals and Mains from Freezing - District water system
facilities are constructed to a minimum depth to provide sufficient insulation and protection from
freezing. No party shall perform grading or undertake improvements such that the soil cover or
freeze protection of existing facilities is reduced.
Should the District determine that subsequent improvements have impacted the freeze protection of
existing facilities,the District shall notify the responsible party in writing and require modifications
such as restoration of the original grade or reconstruction/relocation of the existing facilities to
sufficient depth. The District shall allow 30 calendar days for the responsible party to complete the
required modifications. Dying the LRWQCB no soil disturbance period between October 15th and
April 30th, the property owner will be given 30 days beginning May 1 st to complete the required
modifications.If the responsible partyfails to complete the required modifications within 30 days,the
District may perform the required improvements and invoice the property ownerforthe costs thereof.
6.54.040 Excessive Cover-District water system facilities are constructed to a maximum depth
to provide reasonable access during maintenance activities. No party shall perform grading or
undertake improvements such that additional soil cover is added to existing District facilities DistO
without prior approval by the District.
Should the District determine that subsequent improvements have added additional soil cover
and/or impacted the ability of the District to maintain its facilities, the District shall notify the
responsible party in writing and require that modifications such as restoration of the original grade or
reconstruction/relocation of the existing facilities to an acceptable depth. The District shall allow 30
calendar days for the responsible party to complete the required modifications. If the property owner
fails to complete the required modifications within 30 days,the District may perform the required
improvements and invoice the responsible party for the costs thereof.
CHAPTER 6.56
BACKFLOW AND CROSS-CONNECTIONS
Sections:
6.56.010 Purpose
6.56.020 District Responsibilities
6.56.030 Customer Responsibilities
6.56.040 Protective Devices Required
6.56.050 Testing and Maintenance
6.56.060 Fees and Charges
6.56.010 Purpose—The purpose of this policy is to:
1.-Protect the District's(DiStF246)potable water supply from
the possibility of contamination or pollution by isolating within the customer's internal
distribution system(s) or the customer's private water system(s) any contaminants or
pollutants which could backflow into the public water systems.
2. Promote the elimination or control of existing cross-connections, actual or potential,
between the customer's in-plant potable water system and non-potable water system,
plumbing fixtures and industrial piping systems.
Title 6 Page 19
public water system shall be commensurate with the degree of hazard that exists on the customer's
premises. The District shall determine the type of backflow prevention assembly.
6.56.050 Testinq and Maintenance-All backflow prevention assemblies shall be tested annually
to assure proper operation. In instances where a hazard is deemed great enough,testing may be
required at more frequent intervals. Such intervals shall be determined by the District. The
customer shall bear all costs of device testing. The cost of any maintenance required as a result of
inspections or testing is the responsibility of the customer. Maintenance work shall be performed by
private contract. Records of inspections,testing or repairs shall be kept by the District and made
available to the appropriate regulatory agencies.
The District shall notify the customer when tests are required and supply the necessary test forms
and instructions. These forms will be completed by the certified backflow-prevention tester and
returned to the District by the date indicated.
If a device is found to be in non-compliance by inspection and/or testing, the customer shall be
notified in writing. The customer shall correct any deficiency within 15 calendar days of notification,
at which time the inspection shall be repeated. The District shall disconnect
of-water service if a backflow prevention device has failed to be tested properly or properly
maintained or installed. Notification of intent to terminate water service shall be commensurate with
the hazard to public health and may be delivered to the tenant, owner, or both as the situation
requires.
6.56.060 Fees and Charges-Backflow prevention devices shall be subject to fees and charges to
allow the District to recover the costs of administering the backflow prevention program. Such fees
and charges shall be posted in a schedule approved by the District's Board of Director's.
CHAPTER 6.60
REPAIRS AND MAINTENANCE
Sections:
6.60.010 Current and Ordinary Repairs and Maintenance
6.60.010 Current and Ordinary Repairs and Maintenance The District hereby construes the
terms "all current and ordinary repairs" and "current and ordinary upkeep or maintenance," as
contained in Public Contract Code Section 20205.2,to include the repair,upkeep and maintenance
of the entire District water system, to allow for routine extension and expansion of District water
facilities to meet the increased demand placed on the system by the growing needs of District
customers,and to include minor and routine work which District staff is capable of performing. Such
work shall include, but shall not be limited to,the following:
6.60.010.1 The installation of water taps and related work.
6.60.010.2 The installation of water street crossings.
6.60.010.3 The installation of equipment such as valves, pressure reducing devices, back flow
prevention devices,and similar equipment.
6.60.010.4 Minor water line extensions such as that needed to complete a water loop system
Title 6 Page 21
having a length of 500 feet or less.
The list set forth herein is not exclusive,and the District may determine that other similar types of
work are included within the terms"current and ordinary repairs"and"current and ordinary upkeep
or maintenance"as contained in Public Contract Code Section 20205.2.
Resol.2009-01,Jan 7,2009-replaces all prior board actions
Title 6 Page 22
3.Provide for the maintenance of a continuing program of cross-connection control which
will systematically and effectively prevent the contamination or pollution of all potable
water systems.
4.The District shall have a backflow prevention and cross-connection control program which
meets or exceeds all State and Federal rules and regulations.
6.56.020 District Responsibilities-The District shall be responsible for the protection of the
public potable water distribution system from contamination or pollution due to the backflow of
contaminants or pollutants through the water service connection. It is the responsibility of the
District to evaluate the hazards beyond the service connection in a customer's water system to
determine whether pollutants or contaminants are,or may be,handled on the customer's premises
in such a manner as to possibly permit contamination of the public water system. The District has
the right to disconnect#nue service to any customer whose water system may potentially harm the
public water system.
When a hazard or potential hazard to the public water system is found or suspected,the customer
shall be required to install an approved backflow prevention assembly at each public water service
connection to the premises in accordance with District rules and regulations. The District shall not
be responsible for any loss or damage directly or indirectly resulting from or caused by the proper,
improper or negligent installation,operations,use,repair or maintenance of,or interfering with,any
protective device by any customer or any other person.
6.56.030 Customer Responsibilities-
6.56.030.1 The Ccustomer shall be required to furnish and install, in a manner approved by the
District, and keep in good working order and safe condition, any and all backflow prevention
assemblies. All backflow prevention assemblies shall be owned and maintained by the customer.
6.56.030.2 All backflow prevention assemblies shall be tested at the time of installation and
annually thereafter. In the event of high hazard installations,the District may require more frequent
testing. Backflow prevention assemblies shall be tested by a certified backflow prevention assembly
tester and test reports shall be submitted to the District.
6.56.030.3 In the event that a backflow prevention assembly is found to be damaged,defective or
operating improperly, it shall be repaired or replaced by the Ocustomer.
6.56.030.4 The Ocustomer shall not bypass or render inoperative any backflow prevention
assembly.If a backflow prevention assembly is temporarily removed for repair or other reason,the
customer shall provide an approved backflow prevention assembly,tested by a certified backflow
prevention assembly tester at the time of installation.
6.56.030.5 The Gcustomer is to maintain an adequate heat source to any backflow prevention
assembly housings in order to prevent cold weather from affecting the operation of the assembly.
6.56.030.6 Once notified of the need to install a backflow prevention assembly,the customer shall
immediately install such approved assembly at the customer's own expense. Failure, refusal or
inability on the part of the customer to install, have tested and maintain said assembly shall
constitute sufficient grounds for disconnection of water service to the premises until such
requirements have been satisfactorily met.
6.56.040 Protective Devices Required -The protection required to prevent backflow into the
Title 6 Page 20
disconnectedtiRued by the District. In accordance with California Penal and/or Civil Codes,the
customer may be charged for the period the meter was not functioning. Such charge shall be
computed upon an estimate of consumption based upon the customer's prior consumption during
the same season in previous years or an estimate may be based on previous customer's
consumption at the same location,during the same season of the year. Administrative costs shall
also be charged to the customer by the District.
J6.52.080.2-In the event water service is disconnected due to unauthorized use of water,all costs Formatted:Font:Bold
associated with restoring water service to a property will be the responsibility of the customer or the
party requesting to have the water service restored.
16.52.080.23 Upon determination by the General Manager that a violation of#California Penal
and/or Civil Code sections having to do with unauthorized use of water with intent to defraud,
tampering with water meter with intent to defraud, malicious interference or connection with the
water line,and/or malicious interference or obstruction with the water line,refer to Chapter 6.36.
6.52.090 Meter Sizing—For new construction,the developer shall submit to the District sufficient
information regarding anticipated water demands such that the District can calculate the appropriate
meter size. Sizing of meters shall be based on AWWA Standards.
CHAPTER 6.54
PROTECTION OF DISTRICT-OWNED FACILITIES
Sections:
6.54.010 General
6.54.020 Protection of Meter Boxes from Traffic Loading
6.54.030 Protection of Service Laterals and Mains from Freezing
6.54.040 Excessive Cover
6.54.010 General - Any party that damages existing District-owned water facilities shall be
responsible for the replacement or repair of the damaged facilities to the District's satisfaction.
Any party that undertakes actions that have a likelihood of causing damage to existing District-
owned water facilities shall mitigate the potential for damage to the District's satisfaction.
6.54.020 Protection of Meter Boxes from Traffic Loading-At the time of initial installation,the
District shall make a determination whether traffic-rated meter boxes are required based upon the
proposed improvements and the anticipated snow removal practices at the site.
Should any party make modifications such that non-traffic rated meter boxes are subjected to
vehicular loading during normal conditions or snow removal, that party shall be responsible to
replace the non-traffic rated meter boxes with traffic rated boxes. As alternative,bollards or similar
protective measures may be installed to prevent vehicular loading on non-traffic rated meter boxes.
In such cases,the District shall notify the responsible party in writing and allow 30 calendar days for
completion of the required modifications. If the responsible party fails to complete the required
modifications within 30 days,the District may perform the required improvements and invoice the
responsible party for the costs thereof.
Title 6 Page 18
For mixed-use development consisting of both residential and non-residential condominium units,a
separate meter is required for each residential unit. The non-residential units may be served by
either a master meter serving all non-residential units,or separate meters serving individual units
may be installed.
Mixed-use development is subject to the requirements of AB 1881.
6.52.040.4 Number of Meters—Irrigation
AB 1881 requires that a separate irrigation meter be installed for all new developments with more
than 5,000 square feet of irrigated landscaping. The project developer shall be required to complete
a certification form identifying the amount of irrigated landscape within a project for the
determination of whether a separate irrigation landscape meter is required. Separate irrigation
meters are not required for detached single-family housing.
For multi-family residential, non-residential and mixed-use development under single ownership
equipped with a master meter and with less than 5,000 square feet of irrigated landscaping, a
separate landscape irrigation meter may be installed,or the irrigation system may be connected to
the master meter at the owner's option.
For multi-family residential, non-residential and mixed-use development under single ownership
equipped with individual meters and with less than 5,000 square feet of irrigated landscaping, a
separate landscape irrigation meter may be installed,or the irrigation system may be connected to
the master meter at the owner's option. If the irrigation system is connected to an individual unit,
documentation of this fact shall be denoted in the lease and/or rental agreement governing the unit
and shall be clearly understandable to the current renter and any potential renter of the property.
For multi-family residential,non-residential and mixed-use condominiums and with less than 5,000
square feet of irrigated landscaping,a separate landscape irrigation meter may be installed,or the
irrigation system may be connected to a meter serving one of the individual units at the owner's
option. If the irrigation system is connected to an individual unit,documentation of this fact shall be
filed with the Nevada County Recorder's office such that it appears upon a title report and is clearly
understandable to the current owner and any potential purchasers of the property.
6.52.040.5 Number of Meters—Use Conversions
In the event that a property owner requests a change in the type of use at a given location, the
owner shall submit documentation to the District describing the proposed changes and any
anticipated increase or decrease in water usage. The District may require that the owner install a
different size meter based upon the information submitted. The District may also require the
installation of additional backflow protection equipment.
In cases where a larger meter is required,the property owner shall be subject to the District's current
Facility Fee and Connection Fee schedule for the new meter. The property owner shall be given a
credit for the current Facility Fee value of the old meter that will be removed.
In cases where a smaller meter is required, the property owner shall be subject to the District's
current Connection Fee schedule for the new meter. The property owner shall not be subject to a
Facility Fee. The property owner shall be given credit equal to the difference in the current Facility
Fee value of the old meter that will be removed and the new meter that will be installed. That credit
is non-refundable and is usable only towards future development or change in usage that occurs on
the same property. The credit is not transferable to another site but may be transferred to a future
owner of the same property.
Title 6 Page 16
6.50.010 Handling Hazardous Materials
6.50.010 Please refer to the District Safety Manual for procedures for handling Hazardous
Materials.
CHAPTER 6.52
METERING
Sections:
6.52.010 Residential Meters
6.52.020 Ownership of Meters and Meter Boxes
6.52.030 Access to Meters
6.52.040 Meters are Required
6.52.045 Submetering of Water for Resale
6.52.050 Standard of Accuracy
6.52.060 Tests
6.52.070 Meter Errors
6.52.080 Non-registering Meters
6.52.090 Meter Sizing
6.52.010 Residential Meters-It is the District's intent that all water services be equipped with a
meter. The District's Board of Directors has set a goal of implementing full metering and volumetric
billing of all customer accounts by deee-January 1,2013.
For billing purposes,all meters located on the customer's premises will be billed separately and the
readings thereof shall not be combined unless the District determines that a combined reading will
result in operating convenience.
6.52.020 Ownership of Meters and Meter Boxes
6.52.020.1 All meters,meter boxes and related equipment installed by the District shall remain the
property of the District,regardless of whether it is located on the customer's premises or not.
6.52.020.2 Customers shall exercise reasonable care to prevent such meters, meter boxes and
other equipment from being damaged or destroyed and shall not tamper with such facilities. If any
defect or failure of equipment is discovered by the customer,they shall promptly notify the District.
6.52.020.3 Customers shall not install facilities inside District-owned meter boxes except for a piping
connection downstream of the meter. Any other customer-owned facilities such as shut-off valves,
stop and drain valves,backflow devices,taps for irrigation piping or yard hydrants shall be located
outside of District-owned boxes. Should the District become aware of inappropriate customer-
owned facilities located within a District-owned box,the District shall notify the customer in writing
and shall allow 30 calendar days for the customer to take corrective action to relocate the customer-
owned facilities. If corrective action has not occurred within 30 days,the District reserves the right to
perform any corrective action deemed appropriate by the District and to invoice the customer for the
costs thereof.
Title 6 Page 14
6.40.010.2 Customers shall not deliver water to premises other than those specified in the
customer's application for service,unless written permission of the District is obtained in advance.
CHAPTER 6.44
FIRE PROTECTION
Sections:
6.44.010 General
6.44.020 Water Supply for Fire Suppression
6.44.030 Fire Sprinkler Service
6.44.010 General
6.44.010 The District is a purveyor of water and is not responsible in any manner for the provision
of water supply or facilities for fire suppression or fire protection services. Such services are
provided by the Truckee Fire Protection District.
6.44.010.1 Upon request,fire hydrants will be installed by the District or its designee at the expense
of the owner or applicant requesting the hydrant.
6.44.010.2 No person or persons other than those designated and authorized by the Truckee Fire
Protection District,or by the District,shall open any fire hydrant valve,or tamper with the hydrant in
any manner.
6.44.020 Water Supply for Fire Suppression —To the extent that the District is able to provide
water for fire suppression to the Truckee Fire Protection District, it shall provide such water at no
charge. Water provided to Truckee Fire Protection District properties for domestic and irrigation
purposes shall be subject to the District's standard rates and charges.
6.44.030 Fire Sprinkler Service
6.44.030(A)The supply of water to individual customers through a combination domestic-fire
sprinkler service is included within the customer's monthly bill for domestic water service.
6.44.030(B)Properties that are provided with a separate fire sprinkler service may be subject to a
charge.
6.44.030(C) Customers shall make application to the District for the installation of fire sprinkler
services. Such services shall be subject to District review and regulation. The installation of
backflow prevention equipment and detector check meters is required for all fire sprinkler services.
CHAPTER 6.48
SERVICE LATERAL CONNECTIONS AND CUSTOMER FACILITIES
Sections:
6.48.010 Installation of Service Laterals
6.48.020 Ownership of District Service Laterals
Title 6 Page 12
REFUSAL TO SERVE
Sections:
6.20.010 Conditions
6.20.020 Notification
6.20.010 Conditions -The District may refuse to provide water service under the following
conditions:
6.20.010.1 If the applicant,customer,or owner of serviced premises fails to comply with any of the
District's rules and regulations.
6.20.010.2 If the intended use of the service is of such a nature that it will be detrimental or injurious
to the District's water distribution system,its customers,or the general public.
6.20.010.3 If, in the judgment of the District, the applicant's installation of pipes for utilizing the
service is unsafe,hazardous,subject to freezing,or of such nature that satisfactory service cannot
be rendered.
6.20.010.4 Where service has previously been disconnectedtiRued to such applicant for fraudulent
use.
6.20.010.5 If the service sought to be provided would result in a sub-standard supply of water
volume or pressure,as determined by the District Engineer.
6.20.020 Notification-When an applicant has been refused service under the provisions of this
rule,the District shall notify such applicant promptly of the reasons for the refusal to serve and the
corrective action to be taken by such applicant before service will be provided.
CHAPTER 6.28
FUTURE WATER SERVICE DEMANDS
Sections:
6.28.010 Future Water Service Demands
6.28.010 Future Water Service Demands
6.28.010.1 The Board of Directors has determined that future water demand exceeds current supply
capacity.
6.28.010.2 It is the policy of the District to pursue additional production wells in order to meet the
demand for future water service,and to connect such wells to the existing water distribution system
so as to create an integrated water distribution system. The District intends to structure its
requirements for additional production wells so as to maintain a reliable supply of water in excess of
the peak day demands,plus a necessary amount for fire protection safety.
CHAPTER 6.36
Title 6 Page 10
may be entitled to reimbursement pursuant to Subsection 6.18.010.2(4�A)
6.18.010.2(A) At the District's option, it may enter into an agreement with the applicant whereby
adjacent properties connecting to the main extension,installed by the applicant,will be required to
reimburse the applicant,through the District,for a prorated share of the main extension cost. Such
reimbursement shall be as outlined below:
1. The reimbursement clause of the Development Agreement shall remain in effect for a period
of ten years from the date the facilities are accepted by the District.
2. The amount eligible for reimbursement shall be dependant upon the number of parcels in
existence and the number of equivalent dwelling units as determined from the appropriate
General Plan Land Use Map at the time the Development Agreement is signed. If parcels
are later subdivided, rezoned or change in usage, the applicant shall not be eligible for
reimbursement amounts above that outlined in the Development Agreement. A map
outlining the parcels potentially subject for reimbursement shall be included in the
Development Agreement.
3. The District shall notify the owners of the parcels encompassed in the reimbursement clause
that reimbursement will be required before water service can be provided to those parcels.
Such notification shall be by USPS Certified Mail
4. For projects where the total amount eligible for reimbursement is less than $5,000, no
reimbursement agreement will be executed.
5. The total amount eligible for reimbursement shall be calculated as the sum of the following
items:
• The share of engineering effort directly related to water system facilities. Any costs
related to telephone, cable television, natural gas, roadways or other utilities and
improvements shall not be eligible for reimbursement through the District.
• Actual costs charged to the Developer by the District for the inspection and testing of
the water system facilities.
• In the case of an underground trench containing only water facilities, the entire
construction cost of the installed facilities shall be eligible. In the case of a joint
trench containing other utilities (electric, gas, telephone, cable TV, etc.), an
allowance per linear foot of trench shall be used.
6. The applicant shall provide invoices,receipts,itemized bills or similar documentation to the
District as proof of the actual cost of the facilities installed. Pre-construction bids from
contractors shall not fulfill this requirement.
7. The District shall review the cost documentation submitted by the applicant. If,in the opinion
of the District,the costs are higher than those considered reasonable and customary for the
type of work performed,- the District may reduce the amount eligible for reimbursement to
that considered reasonable and customary. Decisions made by the applicant to fast-track
construction,pay overtime and/or perform construction at the end of the construction season
shall not obligate the District to include any such additional costs incurred by the applicant in
the total eligible for reimbursement.
Title 6 Page 8
6.08.030.2 In the event public or private fire protection should be affected by an interruption in
service, the District will promptly notify the Fire Marshall or other official responsible for fire
protection within District boundaries of the approximate time and duration of the interruption.
6.08.040 Apportionment of Supply
6.08.040.1 During periods of water shortage,the District shall apportion its available supply among
its customers as required by existing State and Federal laws. Otherwise,it will apportion its supply
in the manner that appears most equitable under the circumstances then prevailing,with due regard
to public health and safety.
CHAPTER 6.12
TEMPORARY SERVICE
Sections:
6.12.010 Establishment of Temporary Service
6.12.020 Change to Permanent Status
6.12.010 Establishment of Temporary Service-The District will furnish temporary water service
to customers under the following conditions:
6.12.010.1 All Temporary Service shall be metered and billed monthly.
6.12.010.2 The applicant will be required to pay to the District in advance, a deposit of the
estimated cost as determined by the District of installing and removing the facilities required to
furnish temporary service.
6.12.010.3 Where the temporary service is to be less than one month,the applicant shall deposit a
sum of money equal to the estimated bill for service. The deposit shall be refunded subject to
adjustment in accordance with the actual bill due upon termination of service.
6.12.010.4 Where the temporary service shall be in excess of one month, the applicant shall
establish his credit in the manner prescribed for permanent service,as set forth in Chapter 5.01.
6.12.020 Change to Permanent Status-Temporary services existing for longer than one year
must be transferred to permanent service. Customer will be required to pay any applicable fees at
the time the service becomes permanent.
612.030 Abandonment of Temporary Service—Should removal/abandonment charges exceed
the amount of the deposit collected(sSection 6.12.010.2) the customer shall be billed for those
excess charges.
CHAPTER 6.16
POLICY FOR COMMITMENT TO PROVIDE WATER SERVICE
Sections:
Title 6 Page 6
6 04 010 1 Each applicant will be required to show identification when he or she signs the District's
application.
6.04.010.42 The application for service is a written request for service and does not bind the
applicant to accept service nor does the application require that the District actually provide water
service. It does, however, bind the applicant to be governed by all rules and regulations of the
District in case service is rendered.
6.04.010.23 The District shall render service
when it has determined that the applicant has complied with the following provisions_of theseFUles
6 04.010.3(A) The applicant has received a valid building permit from the Town of Truckee or from - Formatted:Font:Bold
the appropriate agency-governing where the property is located.
6.040.010.3(B)All written agreements between the applicant and the District have been evaluated -. Formatted:Font:Bold
by staff,fully executed by the parties and if applicable,approved by the Board of Directors. Please
refer to the District's Development Agreement Guidelines for new developments.
6.040.010.3(C)7The applicant has demonstrated that they_have_acceptable credit&nd paid_all --- Formatted:Font:Bold
appropriate fees and charges„
6.040.010.3(D) -____ ---- Formatted:Font:Bold
The applicant has installed the necessary service facilities.
ap
6.04.020 Change in Customer's Equipment or Operations-In the event a customer desires to
make a material change in the amount of consumption or in the size, character, or extent of the
equipment and facilities providing water service to them,they shall immediately file with the District
an amendment of the application for service,pay all charges required thereby and obtain approval of
the District prior to accepting such service.
6.04.030 New Construction and Upgrades - Formatted:Underline
6.04.030.1 Applications for new Gconstruction and upgrades shall be processed as outlined below.
Line Extension or Facility Administrative Action Required Type of Agreement
Upgrade Required
General Board of
Mana er Directors
Under$400,000 X Development Agreement
Over$400,000 1 X Development Agreement
Note: The dollar amounts refer to the total value of on-site improvements being installed by the
applicant to be conveyed to the District for ownership operation and maintenance. This
does not apply to meter size upgrades.
6.04.030.2 The applicant shall be responsible for all District costs incurred in the course of
Title 6 Page 4
6.00.010.4 If at any time during the Development Agreement process issues arise that need
Iresolution,the Odeveloper should submit a written request to the Project Administrator responsible
for the project in question. Such request shall state all of the items of concern. The Odeveloper
can expect a response within 10 business days from receipt of request. If no resolution is reached,
Ithe Odeveloper can request a meeting with the District's General Manager. If still no resolution is
reached,the Odeveloper can request a meeting before the Board to resolve the issue. Staff shall
agendize the item before the Board for the next scheduled regular Board meeting. Scheduling shall
be consistent with the Brown Act and must occur with at least 72 hours prior notice.Only after this
process is exhausted without resolution of the dispute may the parties proceed to litigation. If either
party commences a court action against the other based on a dispute or claim to which this
paragraph applies without first complying with the provisions of this paragraph, the party
commencing the court action shall not be entitled to recover attorney's fees, even if they would
otherwise be available in such court action.
CHAPTER 6.01
DISTRICT RESPONSIBILITIES
Sections:
6.01.010 Service
6.01.010 Service—Water service is an interruptible service.
6.01.010.1 To the best of its ability and inconsideration of existing sources,the District will supply
water at each customer's service connection dependably and safely,in adequate quantities to meet
the reasonable needs and requirements of the customer, in accordance with these rules and
regulations.
6.01.010.2 The District will provide potable water that meets the standards of the United States
Environmental Protection Agency and the-California State Department of Public Health.
CHAPTER 6.02
GROUNDWATER MANAGEMENT PLAN
Sections:
6.02.010 Statement of Purpose
6.02.020 Groundwater Monitoring Plan
6.02.010 Statement of Purpose-The purpose of the Martis Valley Groundwater Management
Plan is to protect the chemical quality of the groundwater resource and assure continued supply of
high quality groundwater to the population within and adjacent to Martis Valley by developing and
implementing a monitoring program to guide appropriation and use of groundwater.
The authority to establish a groundwater management plan was granted by Assembly Bill 3030,
dated September 26, 1992, in accordance with the California Water Code, Division 6, Part 2.75
Sections 10750 to 10755. AB 3030 authorizes adoption and implementation of a groundwater
management plan to manage groundwater within a groundwater basin identified in the California
Title 6 Page 2
Title 7, Electric Service
TITLE 7
ELECTRIC SERVICE
CHAPTERS:
7.01 General
7.04 District Responsibilities
7.05 Customer Responsibilities
7.06 System Disturbances Resulting From Customer Equipment
7.08 Continuity of Service
7.12 Application for Service-New Construction 8<
Upgrades
7.16 Ownership of Facilities and Right of Access
7.20 Temporary Service
7.24 Ow;erilkenter Responsibilities Service Transfers
7.28 Refusal to Serve
7.32 Customer Generation
7.40 Resale of Electricity
7.44 Power Poles
7.45 Electric System Master Plan
7.46 Electric System Line Extensions
7.48 Electric System Construction Standards
7.52 Street and Security Light Service
7.56 Service Connections
7.60 Hazardous Materials
7.64 Net Metering
7.68 Illegal Use or Diversion of Electricity
7.72 Metering
7.80 Repairs and Maintenance
7.83 Renewable Portfolio Standard
CHAPTER 7.01
GENERAL
Sections:
7.01.010 General
7.01.010 General
7.01.010.1 These Electric Service Policies have been adopted by the
Utility District (District) in the interest of efficiency, economy, reliability and safety in regulating
and administering the distribution of electricity to its Customers.They are subject to revision by
the Board of Directors of the District from time to time in order to meet these objectives.
7.01.010.2 The District shall furnish services under its current rate schedules and these policies
as approved from time to time by the Board of Directors of the District and shall govern all
service except as specifically modified by the terms and conditions of the rate schedules or by
Title 7 Pagel
Service at primary voltage is also available.Contact the District for detailed requirements.
7.04.030 Voltage Regulation, District Substation - To the best of its ability and in
consideration of the existing source, the District will regulate its voltage at each of its
substations so as to ultimately supply its customerscer-s their nominal secondary voltage
plus or minus 5%.
CHAPTER 7.05
CUSTOMER RESPONSIBILITIES
Sections:
7.05.010 Increased Load
7.05.020 Balancing of Load
7.05.030 Power Factor Correction
7.05.040 Surge Protection
7.05.050 Voltage Regulation
7.05.060 Motors
7.05.070 District Not Responsible for Damage
7.05.010 Increased Load-In the event the Customer desires to increase their load materially,
such as additional electric heat, increased motor loads, etc.,they shall give the District sufficient
advance notice, so that the District may provide added facilities, if necessary, at Customer
expense. If the Customer fails to notify the District and the District's equipment is damaged as a
result of such increase in load, the Customer shall reimburse and make payment to the District
for all such damages.
7.05.020 - Balancing of Load — For three phase services, the Customer shall keep the load
current, under normal operating conditions, balanced within plus or minus 10 percent of the
average load current.
7.05.030 Power Factor Correction - If the District determines that the power factor of a
Customer's load is less than 95 percent lagging, the Customer shall install proper equipment at
their expense to prevent the power factor from falling below 95 percent. If such equipment is
required to be installed on the District's system, the Customer shall reimburse and make
payment to the District for all labor and materials required to provide power factor correction.
7.05.040 - Surge Protection - The Customer shall be responsible to provide surge protection
for all voltage sensitive equipment such as electronic appliances or devices.
7.05.050 - Voltage Regulation — The Customer should consider installing an Uninterruptible
Power Supply (UPS) or other voltage regulating equipment where momentary or extended
outages or voltage fluctuations would cause inconvenience, loss of electronic memory, or trip
alarms, etc.
7.05.060-Motors
7.05.060.1 — Starting Limitations — Customers shall install no motors whose starting shall
Title 7 Page 3
Harmonic Distortion (THD) levels greater than the levels as recommended by IEEE Standard
519,or subsequent revision, on the District's electric system at the point of power delivery to the
Customer's facility. The District will determine the appropriate SCR (short circuit ratio) at the
customer's facility for the purpose of applying IEEE Standard 519.
7.06.030.2 The Customer shall disclose to the District all nonlinear loads prior to connection.
The District may test the Customer's load to determine the THD levels.
7.06.030.3 It shall be the responsibility of the Customer to assure that the THD requirements
are met, including the purchase of necessary filtering equipment. Any load found not in
compliance with this policy shall be corrected immediately by the Customer at the Customer's
expense. If not corrected,the District may terminate service to the Customer's facility.
7.06.030.4 The Customer shall be liable for all damages, losses, claims, costs, expenses and
liabilities of any kind or nature arising out of, caused by, or in any way connected with the
application by the Customer of any nonlinear load operating with maximum THD levels in
excess of the values stated in Paragraph 1. The Customer shall hold harmless and indemnify
the District from and against any claims, losses, costs of investigation, expenses, reasonable
attorneys'fees, damages and liabilities of any kind or nature arising out of, caused by, or in any
way connected with the application by the Customer of any nonlinear load operating with
maximum THD levels in excess of the values stated in Paragraph 1.
CHAPTER 7.08
CONTINUITY OF SERVICE
Sections:
7.08.010 General
7.08.020 Emergency Interruptions
7.08.030 Scheduled Interruptions
7.08.040 Apportionment of Supply
7.08.010 General
7.08.010.1 The District will exercise reasonable diligence and care to deliver to its customers a
continuous and sufficient supply of electricity at a proper voltage and to avoid, so far as
reasonably possible, any interruption in delivery. When such interruptions occur,the District will
endeavor to re-establish service as soon as is reasonably and practicably possible, taking into
consideration the safety of its employees, customers and general public.
7.08.010.2 Electric Service is inherently subject to interruption, suspension, curtailment and
fluctuation. In no event, however, shall the District be liable to its Customers or any other
persons for any damages to person or property arising out of, or related to, any interruption,
suspension, curtailment or fluctuation in service if such interruption, suspension, curtailment or
fluctuation results in whole or part from any of the following:
7.08.010.2(A) Causes beyond the District's reasonable control include, but are not limited to,
accident or casualty, fire, flood, drought, wind, acts of the elements, court orders, insurrections
Title 7 Page 5
7.08.040 Apportionment of Supply - During periods of electrical shortage, the District shall
apportion its available supply among its customers as required by existing state and federal
laws. Otherwise, it will apportion its supply in the manner that appears most equitable under the
circumstances then prevailing,with due regard to public health and safety.
CHAPTER 7.12
APPLICATION FOR SERVICE—NEW CONSTRUCTION&UPGRADES
Sections:
7.12.010 General
7.12.020 Change in Customer's Equipment or Operations
7.12.030 New Construction and
Upgrades
7.12.040 As-built Drawing Procedure
7.12.010 General-Each applicant for electric service shall complete the necessary application
and shall pay to the District the required fees as determined by the District.
7.12.010.1 Each applicant will be required to show identification when he or she signs the
District's application.
7.12.010.42 The application for service is a written request for service and does not bind the
applicant to accept service, _ the flat- - thatMpeg - -- ---- --- --'- - Formatted:Not Highlight
% , nor
does the application require that the District actually provide electric service. It does, however,
bind the applicant to be governed by all rules and regulations of the District in case service is
rendered.
Mies, demen6ticated that they have aE;Geptable GFedit, paid all appR i I F Eind GhaFge6,and
7.12.010.3 The District shall render service when it has determined that the applicant has
complied with the following provisions:
7.12.010.3(A) The applicant has received a valid building permit from the Town of Truckee or
the appropriate agency governing where the property is located.
7.12.010.3(B) All written agreements between the applicant and the District have been
evaluated by staff, fully executed by the parties and if applicable approved by the Board of
Directors. Please refer to the District's Development Agreement Guidelines for new
developments.
7.12.010.3(C) The applicant has demonstrated that they have acceptable credit and paid all
appropriate fees and charges.
7.12.010.3(D) The.apglicant has installed the necessary service facilities. Formatted:Not Highlight
Title 7 Page 7
7.12.030.1 Applications for new construction and upgrades shall be processed as outlined
below:
Line Extension or Facility Administrative Action Required Type of Agreement
Upgrade Required
General Board of
Manager Directors
08
Under$400,000 X I Development Agreement
Over$400,000 1 X I Development Agreement
Note: The dollar amounts refer to the total value of on-site improvements being installed by the
developer to be conveyed to the District for ownership operation and maintenance. This
does not apply to existing panel upgrades.
7.12.030.2 The applicant shall be responsible for the costs of trenching, backfilling, conduit and
other costs as may be outlined in individual development agreements in order to provide electric
service for an electrical project.
7.12.030.3 The General Manager shall develop operational methods for staff use to implement
the intent of this policy.
7.12.040 As-built Drawing Procedure — See also Section 5.01.027 regarding project
documentation deposit and Appendix B for District Policy Regarding As-built Drawings.
CHAPTER 7.16
OWNERSHIP OF FACILITIES AND RIGHT OF ACCESS
Sections:
7.16.010 General
7.16.020 Customer Responsibility for District Facilities
7.16.030 Customer Responsibility for Customer Facilities
7.16.040 Rights of Way, Rights of Access,Easements
7.16.050 Tree Trimming and Removal
7.16.010 General - All electric facilities installed on a customer's premises, including but not
limited to conductors, transformers, poles, meters, etc., which are furnished by the District in
order to render electric service, shall remain the sole property of the District. The customer
shall record appropriate utility easements as required. The District shall have the right of
access to the customer's premises without payment of any charge or rent, therefore at all
reasonable hours for any purpose related to the furnishing of electric service, including but not
limited to meter reading, testing, inspection, construction, maintenance, and repair of facilities.
In the event a recorded easement does not exist, easements by prescription, also called
prescriptive easements, still exist, and under California Law give the District the same rights as
recorded easements for access to District Owned Property. Upon termination of access to the
customer's premises,the District shall remove its facilities installed thereon.
Title 7 Page 9
CHAPTER 7.20
TEMPORARY SERVICE
Sections:
7.20.010 Conditions
7.20.010 Conditions
7.20.010.1 The District will supply temporary service to customers under the following
conditions:
7.20.010.1(A) Where temporary service is not intended to transfer to that of a permanent
status, the applicant will be required to pay to the District in advance, the estimated cost of
installing and removing the facilities required, as determined by the District.
The applicant shall be required to place a deposit in accordance
with the District's rules and regulations.
7.20.010.1(B) Where temporary service is for the purpose of construction and the service will
ultimately transfer to permanent single phase, the customer shall be required to pay applicable
connection and facilities fees for permanent service.
7.20.010.1(C) Where temporary service is for the purpose of construction and the service will
ultimately transfer to permanent three phase, the customer shall be required to pay applicable
connection and facilities fees for temporary service. In order to establish permanent service,the
customer will be required to pay the actual cost for the permanent service connection and
facilities fees as established by the District.
7.20.010.2 Temporary services existing for longer than one year will be required to pay
applicable facilities fees. At a later date, if the temporary service becomes
permanent, those facilities fees will be considered paid. Additional fees will be
charged if the panel size increases.
7.20.010.3 Temporary services existing for longer than five years must be transferred to
permanent service.
7.20.010.4 Temporary services that are requested to remain once the permanent service has
been installed will require an additional account. There shall be a new account set
up fee billed and additional material and labor costs may be charged pursuant to
the Miscellaneous Fee Schedule.
Title 7 Page 11
7.28.010.2 If the intended use of the service is of such a nature that it will be detrimental or
injurious to the District's electric distribution system, its customers,or the general public.
7.28.010.3 If, in the judgment of the District,the applicant's installation of wiring for utilizing the
service is unsafe, hazardous, or of such nature that satisfactory service cannot be rendered.
7.28.010.4 Where service has previously been disconnecteddiSGORtinued to such applicant for
fraudulent use.
7.28.010.5 If the service sought to be provided would result in a sub-standard supply of
electricity or voltage, as determined by the District.
7.28.020 Notification -When an applicant has been refused service under the provisions of
this rule, the District shall notify such applicant promptly of the reasons for the refusal to serve
and the corrective action to be taken by such applicant before service will be provided.
CHAPTER 7.32
CUSTOMER GENERATION
Sections:
7.32.010 General
7.32.020 Standby Generation(Non-Parallel Operation)
7.32.030 Net Metering(Parallel Operation)
7.32.040 Cogeneration(Parallel Operation)
7.32.010 — General - The following requirements apply to customer generation facilities
designed to operate isolated from the District's system (non-parallel operation) and directly
connected to the District's electrical system (parallel operation). Detailed requirements and
specifications for various types and sizes of customer facilities shall be obtained from the
District prior to installation.
7.32.020 — Standby Generation (Non-Parallel Operation) - The Customer may install a
standby generator to supply all or part of their load in the event of a service interruption. The
customer's wiring shall be arranged so as to prohibit the parallel connection of the customer's
alternate source of supply with the District's system. This shall require the installation of a
double-throw switch or its equivalent which prevents interconnection to the District's system.
The customer must notify the District and provide electrical details of generator installation and
isolation from the District's system prior to construction and installation work. The District shall
inspect customer facilities prior to use by the customer. The installation of a closed transition
switch will require prior approval by the District.
7.32.030 — Net Metering (Parallel Operation) - Prior to the installation of any auxiliary
generation facilities (e.g. wind turbine, solar panel, etc.) for net-metering, the customer shall
notify the District to obtain approval.The customer shall be required to enter into an agreement
for net metering. Additional information and requirements can be found in the District's
"Ordinance No. 2008 — 06 Adopting Schedule NM, - Net Metering" and "Interconnection
Agreement For Net Energy Metering"documents.
Title 7 Page 13
analyze growth trends, zoning, land uses, approved subdivisions and projects, existing electric
system facilities and the need for improvements to the electric system. The Master Plan also
serves as a blueprint for the orderly expansion of the District's electric system to accommodate
growth and development of areas served by the District.The General Manager shall cause such
a Master Plan to be prepared and reviewed every five years and shall submit said plan to the
Board of Directors for review, discussion, modification and formal adoption.
7.45.020 — Facility Construction - Based on the adopted Electric System Master Plan, the
District shall construct, within the limits of funding sources available and as approved by the
Board of Directors, the basic backbone facilities required to serve electric energy to the
customers of the District. Backbone system facilities shall include substations, main feeder
lines and tie lines that have as their purpose to provide adequate capacity and service reliability.
7.45.030 — Facility Fees - Master Plans shall be used as the basis to evaluate the District's
electric Facility Fees. The Facility Fee is an implementation of California Government Code
66000 et seq., commonly referred to as AB1600. This Government Code section provides the
mechanism by which the District shall establish fees on new development for electric system
improvements attributable to new development. The General Manager shall review and modify
Facility Fees in accordance with the Master Plan and shall submit said fees to the Board of
Directors for review, discussion, modification and formal adoption.
CHAPTER 7.46
ELECTRIC SYSTEM LINE EXTENSIONS
Sections:
7.46.010 General
7.46.020 Conditions
7.46.030 Cost Sharing
7.46.010 General - A Line Extension is an addition or modification of electrical equipment
and/or an increase in the size or length of the District's existing electrical facilities to serve new
customer electric load within the District's service area. Facilities will be extended to provide
service in accordance with District's Policies and Electric System Construction Standards. Each
line extension shall be subject to evaluation as to feasibility, permanence, and compatibility with
the District's system. Final determination as to specific conditions applicable to the extension,
including type of construction, availability of voltage and phase, route, equipment location and
other design details shall be made solely by the District. Customer compliance with District's
Policies and Electric System Construction Standards are a condition of service. The Customer
is required to sign a Development Agreement for any proposed Line Extension and pay all
applicable Fees.
7.46.020 Conditions-Any person or firm who is developing property within the service territory
of the District, where an extension of the District's distribution tap lines or backbone system is
required, shall make application for such electric system extension to the District Electric
Department.
7.46.020.1 The applicant shall enter into a Development Agreement with the District which shall
outline the terms and conditions specific to the project.
Title 7 Page 15
ELECTRIC SYSTEM CONSTRUCTION STANDARDS
Sections:
7.48.010 Underground Facilities Policy
7.48.020 Underground Electric Supply(GO 128)
7.48.030 Overhead Electric Lines(GO 95)
7.48.040 Construction Information Booklets
7.48.010 Underground Facilities Policy
It shall be the policy of the District to require all new or rebuild
construction to be placed underground. Special circumstances may dictate undergrounding is
not practical and the District reserves the right to make the final determination. The installation
of overhead secondary electrical facilities to serve single-family dwellings, within an existing
overhead subdivision, shall be permitted. All multi-family dwellings, commercial buildings and
land parcels that are to be divided into four or more individual lots, shall require the installation
of underground facilities regardless of location. It is the cCustomer/dOeveloper responsibility to
comply with respective City, Town, County or other governing agencies that may have more
stringent standards regarding underground utility installations.
7.48.020 Underground Electric Supply
7.48.020.1 General Order No. 128 of the Public Utilities Commission of the State of California,
promulgating and providing rules for underground electric line construction, as amended, is
hereby declared to be the minimum and standard requirement for all underground electric line
construction and reconstruction hereafter done by,for, or on behalf of the District, as well as for
any such construction hereafter accepted or to be accepted into the District system.
7.48.020.2 The adoption of General Order No. 128 shall apply in the future to any and all
amendments as may hereafter be ordered by the Public Utilities Commission, and an up-to-
date,true and correct copy of said order and rules,with future amendments,shall be kept at the
District office at all times.
7.48.020.3 The requirements of said General Order No. 128 shall hereafter be referred to in all
bids, plans, specifications and contracts for work done by, for, or on behalf of the District, as
well as to construction or reconstruction hereafter to be accepted into the District system.
7.48.030 Overhead Electric Lines
7.48.030.1 General Order No. 95 of the Public Utilities Commission of the State of California
contains the minimum and standard requirements for all overhead electric line construction and
reconstruction hereafter done by or on behalf of the District, as well as for any such construction
hereafter to be accepted in the District system.
7.48.030.2 The adoption of General Order No. 95 shall apply in the future to any and all
amendments as may hereafter be ordered by the Public Utilities Commission, and an up-to-
date,true and correct copy of said order and rules,with future amendments,shall be kept at the
District office at all times.
7.48.030.3 The requirements of said General Order No. 95 shall hereafter be referred to in all
Title 7 Page 17
7.56.010 General
7.56.010.1 A Customer, before proceeding with the wiring or installation of equipment, shall
request a determination of the availability of electric service from the District. The District will
advise the Customer of the most suitable phase and voltage available on established circuits.
Nominal secondary delivery voltages supplied by the District are as listed in Section 7.04 of
these Regulations.
7.56.010.2 The District will only energize service connections after it has been determined that
District's Electric System Construction Standards have been complied with and the Customer's
electrical equipment/installation has been approved by the Town of Truckee or other county or
state Electrical Inspectors.
7.56.010.3 For specific construction information, customer should reference District's Electric
System Construction Standards(See Section 7.48).
7.56.010.4 The District is not obligated to serve any customer who fails to implement and
complete all of the District's requirements for service.
7.56.010.5 If District personnel see that a meter socket and/or service are in need of repair and
not being repaired,then the District shall inform the customer of the problem, and a time limit of
P30 days shall be given to the customer to make corrections.
7.56.010.5(A) If the problem is not corrected within the time limit, the customer may be
disconnected.
7.56.010.5(B) The District reserves the right to shorten this time period if a safety problem
exists.
7.56.020 Underground Services
7.56.020.1 Underground service facilities at secondary voltages:
In areas supplied by the District's overhead facilities, where the District's existing distribution
pole line is located, and at a distance not to exceed 125 feet to the customer's premises, the
District will furnish and install into the customer's trench and conduit, cable from the existing
distribution pole line to the customer's service entrance. Service connections of District installed
cable shall be made by District personnel. For distances over 125 feet or for commercial
services, the customer shall be charged actual costs for materials and labor. The customer
shall be charged a fee as specified in the District's established connection charges.
7.56.020.2 At the time of application for electric service, the customer will provide the District
with a set of plans for the project. District staff will indicate on the plans the approved
placement of the electric panel. The District reserves the right to refuse service to any customer
not complying with the approved location.
7.56.0202 (A) The trench, conduit and backfill shall be furnished by the customer at their
expense from a place on the building designated by District personnel to a place on the pole or
at the splice box also designated by District personnel. The District will provide, at the
customer's expense,the secondary splice box should one be required.
Title 7 Page 19
permanent support; said support shall be provided by customer. Connection made at the
weatherhead connecting the District's service line to the customer's service line shall be made
by District personnel. For distances over 200 feet, the customer shall be charged actual costs
for labor and materials.
7.56.030.1(A)
At the time of application for
electric service, the customer will provide the District with a set of plans for the project District
staff will indicate on the plans the approved placement of the electric panel The District
reserves the right to refuse service to any customer not complying with the approved location
7.56.030.2 Permanent Overhead Service Requirements:
7.56.030.2(A) No periscope of service conduit through roof will be permitted with the following
possible exceptions:
7.56.030.2(A)(1) A round or octagonal shaped building with a corresponding shaped roof.
7.56.030.2(A)(2) A building with a flat roof designed to roll water and carry the weight of snow.
7.56.030.2(A)(3) It is the customer's responsibility to check first and obtain written approval of
any exceptions to this rule.
7.56.030.2(B) The required ground clearances for conductors shall be maintained per District
Standard.
7.56.030.2(C) Customer shall furnish and install an approved rain-tight service or weatherhead
at a point suitable for connecting the customer's service entrance conductors to the District's
conductors.
7.56.030.2(D)The point of attachment must be located as designated by District personnel.
7.56.030.2(E) Eye bolts or equally secured means are required for the support of the service
drop. Eye bolts or clevises will be supplied by the District, but must be installed through a
minimum of 2"x 4"backing. Lag screws are not permissible.
7.56.030.2(F) Customer shall leave a minimum of 18" of conductor protruding beyond the
weatherhead of an overhead service.
7.56.040 Meter Requirements
7.56.040.1 The Customer shall be required to supply, install, and maintain meter mounting
equipment of a type acceptable to the District.Requirements for meter equipment, clearances,
and locations are contained in Section 7.72 of these Regulations and the District's Electrical
System Construction Standards.
7.56.050 Primary Voltage Supply
7.56.050.1 Primary voltage supply to customer's premises:
Title 7 Page 21
CHAPTER 7.60
HAZARDOUS MATERIALS
Sections:
7.60.010 Handling Hazardous Materials
7.60.010 Please refer to the District Safety Manual for procedures for handling Hazardous
Materials.
CHAPTER 7.64
NET METERING
7.64.010 Net Metering Applicability,Territory, Rates
7.64.020 Net Metering Special Conditions
7.64.010 Net Metering Applicability,Territory, Rates
7.64.010.1 Applicable to residential or commercial customers eligible for service where a part
or all of the electrical requirements of the customer can be supplied from a solar or wind power
production source owned and operated by the customer, where such source is connected for
parallel operation with the service of the District and where such source is located on the
customers premises and is intended to offset part or all of the customers electrical
requirements.
7.64.010.1(A) This schedule provides rates, terms and conditions for the sale of energy by the
District. Prices,terms and conditions for the purchase of net energy transmitted by the customer
to the District are included herein for reference only. Such prices, terms and conditions and the
terms of inter-connection and parallel operation are outlined in the generation agreement
required for service under this tariff. The purpose of this tariff is to facilitate terms of service to
customers with solar or wind power production systems of not more than one megawatt.
7.64.010.1(B) Applicability of this tariff does not extend to customers whose solar or wind
power production source exceeds 1000 kilowatts or one megawatt.
7.64.010.2 Territory - The entire area served by the TFUGkee DGRner PubliG Utility District's
electric system.
7.64.010.3 Rates
.7.64.010.3(A) Customer charge-Same as applicable residential or commercial customer Formatted:Font:Bold
-------------------
- - -------- -----------------------
charge. -- ------
.7.64.010.3(B) Energy charge_______-_ On the residential or commercial energy rate applicable to Formatted:Font:Bold
that customer.
Title 7 Page 23
7.64.020.3(E) If a customer-generator terminates the customer relationship with the District,the
District shall reconcile the customer-generator's consumption and production of electricity during
any part of a 12-month period following the last reconciliation and shall apply only the months
since the most recent 12-month reconciliation.
CHAPTER 7.68
ILLEGAL USE OR DIVERSION OF ELECTRICITY
Sections:
7.68.010 Illegal Use or Diversion of Electricity
7.68.010 Illegal Use or Diversion of Electricity
7.68.010.1 When the General Manager of the DiStFi..t determines that a customer or other
person or entity has received unmetered electric service, or when the General Manager
determines that a customer or other person or entity has caused electric service to be
improperly or inaccurately metered, the District shall render bills for such service, including
administrative costs, based upon its reasonable estimate of the service actually furnished for the
full period during which the service was unmetered or improperly metered.
.7.68.010.2 The customer will be held liable for District's facilities located on their property which _ - Formatted:Font:Bold
are tampered with regardless of who did the tampering.
.7.68.010.3 The District may disconnect service without notice or refuse service if the - Formatted:Font:Bold
customer's actions or the condition of his/her premises is such as to indicate an intent to
defraud the District.
7.68.010.4 In the event electric service is disconnected due to ill al use or diversion of _- Formatted:Font:Bold
electricity, all costs associated with restoring electric service to a property will be the
responsibility of the customer or the party requesting to have the electric service restored
7.68.010.5 The customer is res onsible to restore their service to its original state ursuant to _----,Formatted:Font:Bold
the District's Policies and Electric System Construction Standards prior to the District
reconnecting service. The customer may be required to have their service re-inspected by the
Town of Truckee or the appropriate agency in which the property is located prior to
reconnection. In addition, the District will perform its own inspection to verify the diversion has
been corrected.
7.68.010.26 When the General Manager determines that a violation of the California Penal
and/or Civil Codes sestien6 having to do with unauthorized use of electricity with intent to
defraud, tampering with electric meter with intent to defraud, malicious interference or
connection with electric line, or malicious interference or obstruction with electric line may have
occurred, the General Manager shall contact the appropriate County Sheriffs Office, Town of
Truckee Police Department or appropriate County District Attorney's Office, and inquire
concerning the feasibility of filing criminal charges against the person or entity suspected of
violating any of such Penal and/or Civil Code sections. If, after such inquiry, the General
Manager determines that it is in the best interest of the District to file such criminal charges, and
that there is a reasonable possibility of successful prosecution of any such person or entity,then
Title 7 Page 25
separate minimums.
7.72.020.4(A)(2)The customer/owner may rewire, at their expense,so that the additional unit(s)
are all combined under one meter.
7.72.020.4(B) Any subsequent remodeling of commercial buildings wherein unit(s)are divided
and occupied by two or more customers, the customer(s) will be required to rewire, at their
expense, so that the partial unit(s) are metered separately or combined with another meter
serving the customer(s). Refer to Section 7.72.0204CA)(2). NO SPLIT BILLS WILL BE
RENDERED BY THE DISTRICT.
7.72.020.5 For structures with mixed residential and commercial tenants, all residential units
must be metered individually.
7.72.020.6 For residential or commercial units that share electrical wiring such that usage for
one unit is being metered through the meter for another, the District reserves the right to
transfer the services for these units into the owner's name until such time as the problem is
corrected and each unit is metered appropriately.
7.72.020.7 The District is not obligated to serve any customer who builds with exceptions to
Section 7.72.020.3 and/or 7.72.020.4 above unless the customer obtains written approval from
the District prior to building.
7.72.030 Service and Meter Standards -The District has adopted for its own standards the
standards set forth by the Electric Utility Service Equipment Requirements Committee, of which
the District is a member in good standing.
7.72.040 Meter Panel and Meter Locations
7.72.040.1 All meters shall be installed by the District upon the customer's premises in a
location marked out and approved by the District and such location shall at all times be kept
accessible for meter reading,testingl-and inspection, and meter connects and disconnects.
7.72.040.2 If such location becomes inaccessible, the customer shall be asked in writing to
correct the problem within a 930 day period. If the inaccessibility continues beyond this period
the District may disconnectdie�E+e service to that customer until such time as the customer
corrects the problem or meets the District's standards for service and/or meter locations.
7.72.050 Customer Responsibility for District Facilities
7.72.050.1 Any and all meters and meter accessories located on the customer's premises
remain the property of the District. Therefore, the Ccustomer shall exercise reasonable care to
prevent such facilities from being damaged or destroyed and shall refrain from tampering with
such facilities. If any defect therein is discovered by the customer, he shall promptly notify the
District.
7.72.050.2 The customer will be held liable and may be responsible for applicable fees for
District's facilities located on their premises which are damaged or destroyed regardless of who
did the damage or destructioneyinIg.
7.72.050.3 The customer will be held liable for District's facilities located on their premises
Title 7 Page 27
will a meter be less than 99.7%nor more than 100.3%when taken from the test bench.
7.72.070.3 The District's meter standard(s)shall be tested annually by an Independent
Contractor.
7.72.070.4 All meters returned from service, regardless of the reason, shall be tested and
recalibrated before being returned to service.
7.72.080 Meter Tests
7.72.080.1 Any customer may request the District to test the meter serving their premises.
Customer requested tests shall be performed as quickly as possible. No notice of time of
testing will be sent to the customer unless he/she specifically requests such notice at the time of
their original request for a test.
7.72.080.2 All mechanical meters brought in for testing, trouble-shooting or high bill inquiries
shall be replaced by digital meters. Digital meters shall have an accuracy of 0.1% or less on
test runs.
7.72.080.3 Any customer who requests a meter test shall be charged a fee to cover the
reasonable cost of the test in accordance with the+Miscellaneous fFees sSchedule if the meter
has been tested within the last three years. The fee is refundable if the meter test result is more
than 2%fast.
7.72.090 Meter Errors
7.72.090.1 Where, in the opinion of the District, appropriate tests reveal that a meter is
registering more than two percent(2%)fast, the District will refund to the customer the amount
of the overcharge based on corrected meter readings for the period the meter was in use, but in
no instance exceeding six(6)months.
7.72.090.2 Where, in the opinion of the District, appropriate tests reveal that a meter is
registering more than two percent(2%)slow,the District may bill the customer for the amount of
the undercharge based on corrected meter readings for the period the meter was in use, but in
no instance exceeding six(6) months.
7.72.090.3 If it is discovered that an error has been made in reading a customer's meter or
there has been a malfunction in the metering equipment,the District may correct As the error by
recalculating the charges back to the date such error occurred. If the date the error occurred
cannot be clearly identified, the recalculation period shall not exceed six (6) months. The
customer's account shall then be charged or credited for the amount determined. If the
calculation results in a charge to the customer,the customer shall be given a reasonable period
of time to pay the amount owed.
that gatheFs eneFgy u6e iRfeFmation fF9FA the Ire-tating disk and tFaRSFflitS this data to R;eteF
Title 7 Page 29
7.80.010.2 Pole relocation(s)
7.80.010.3 Routine pole replacement of broken or deteriorated poles, or where a size or height
increase is needed.
7.80.010.4 Electrical work on energized lines.
7.80.010.5 Pulling of underground cable in conduit systems, and installation of overhead
conductors and poles and associated equipment.
7.80.010.6 The making of underground electrical splices and terminations.
7.80.010.7 The installation of transformers, switches, regulators, reclosers, and related
equipment that is either provided by a customer at the customer's expense or acquired by the
District by competitive bidding procedure.
The list set forth herein is not exclusive, and the District may determine that other similar types
of work are included within the terms "current and ordinary repairs" and "current and ordinary
upkeep or maintenance"as contained in Public Contract Code Section 20205.2.
CHAPTER 7.83
RENEWABLE PORTFOLIO STANDARD
Sections:
7.83.010 Background
7.83.020 Objectives
7.83.030 Qualified Resources
7.83.040 Target
7.83.050 Strategies for mMeeting eObjectives
7.83.060 Ongoing Review
7.83.010 Background
State Senate Bill 1078(SB1078)was signed into law on September 12, 2002 and was effective
January 1, 2003. The SB1078 legislation modifies the California Public Utilities Code to include
a specific renewable resource requirement for investor owned utilities(IOUs). SB1078 required
IOU's to maintain a minimum of 20%of their power from eligible renewable resources by 2017.
SB107 (Simitan) was passed in 2006 and accelerates the IOU target to 20% by 2010. The
legislation (SB1078) also includes provisions that apply to publicly owned utilities. These
provisions would include:
• Requirement that the governing body implement and enforce a renewable portfolio
standard to encourage renewable resources.
Title 7 Page 31
the Sierra Pacific control area.
• In the future, the DistrictTDPJJD may contract for geothermal generation in Northern
Nevada and Wind generation backed by Natural Gas.
7.823.060 Ongoinq Review
Ongoing Review of the District's RPS
• A two-year review standard of the RPS will address changes in the
1261bJ+s-ltility-the District's power portfolio including market power purchases, entitlement
shares of projects and potential changes in the renewable energy technologies.
• Starting in 2010,the two-year review cycle will be initiated.
Resolution 2008-37, Nov 5,2008 replaces all prior board actions
New Revisions:Res.2009-35
Title 7 Page 33
• Each public utility governing board must define the terms of its RPS. The terms would
include:
o What qualifies as a renewable resource (i.e. whether or not to count large
hydroelectric projects(in excess of 30MW)
o The percentage of the total energy resources that are to be renewable
o The time frame in which to meet the"goal"of the defined standard
7.83.020 Obiectives
The District's RPS Objectives
• Meet the intent of SB 1078 to encourage renewable resources.
• Maintain reliable overall energy supply portfolio.
• Minimize adverse impact of acquiring new renewable energy resources on customer
electric rates.
7.823.030 Qualified Resources
The District's Electric Qualified RPS Resources
• Renewable resources are defined as non-fossil fueled electric generating resources,
including all hydroelectric. These would include but may not be limited to any resource
that meets the definition of"Eligible renewables" pursuant to section 398.4(h)(1) of the
California SB 1305,which sets forth the requirements for power content labels:
o Geothermal (including low-temperature geothermal heat pumps)
o Hydroelectric(small hydro,30MW or less)
o Hydroelectric(large hydro, above 30MW)
o Solar
o Wind
o Biomass and waste
o Waste heat(co-gen)
o Fuel cells
o Unbundled Renewable Energy Credits(REC's)
7.823.040 Target
RPS Target:
• At such time that projected resources do not exceed projected demand, TDRU9--the
District will strive to include qualifying resources to meet projected demand.
The District's resource mix will have a minimum of 21%of
renewable resources by year-end 2010. Renewable resources are defined as non-fossil
fueled electric generating resources, including hydroelectric.
7.823.050 Strategies for mMeeting eObiectives
Strategies for meeting RPS objectives:
• Public benefit funds may be used to implement projects and may be used to supplement
the production projects.
• The District's T^�''G allocation of the Western Area Power Administration (WAPA)
started on January 1, 2005 ias a non-fossil fuel resource will be included in the RPS
objective.The DistrictT)PL-D will strive to acquire small hydro electric from WAPA within
Title 7 Page 32
boiled,PGint Feading and the dial Feading 4em the FnetW,the dial Feading will be used to deteFmine t
usage. Should the dial Feading iRdirate that the eusteme!F hars beeR undeF
the IDiGtFi
that surh peFied shall not eXGeed six (6) menths. SuGh GhaFge shall be Gemputed upon a
rsemputed upon an estimate of eeRsumption ba6ed upon the the
,
line,shall a! 10440 the GUstoFneF by the DistFiGt.
7.72—.100.3 Upon deteffninatieR by the General ManagelF that a vielatieR of the Penal God
having to de with unautheFized use of eleGtFiGity With intA-At W- ddeefr-aud, tampeFing With
.
CHAPTER 7.80
REPAIRS AND MAINTENANCE
Sections:
7.80.010 Current and Ordinary Repairs and
Maintenance
7.80.010 Current and Ordinary Repairs and Maintenance-The District hereby construes the
terms "all current and ordinary repairs" and "current and ordinary upkeep or maintenance," as
contained in Public Contract Code Section 20205.2, to include the repair, upkeep and
maintenance of the entire District water and electrical distribution systems, to allow for routine
extension and expansion of District electrical and water facilities to meet the increased demand
placed on such systems by the growing needs of District customers, and to include minor and
routine work which District staff is capable of performing. Such work shall include, but shall not
be limited to,the following:
7.80.010.1 Reconductoring.
Title 7 Page 30
which are tampered with regardless of who did the tampering.
7.72.050.4 The District holds the integrity of its seals, meter ring and/or meter accessories in
high esteem; therefore, any effort by any unauthorized person, whether qualified or not, to cut,
remove, modify, distort, bend,or
otherwise damage or destroy the-Fiag seal its seals, meter ring and/or meter accessories shall
be viewed by the District as an attempt to tamper with the District's facilities.
7.72.050.4(A) On any service which Section 7.72.050.44 above is found to have taken place,
the meter shall be removed and inspected and, if no further tampering is noted, the meter shall
be returned to the socket and resealed. The customer shall then be notified of the condition as
found and of the District's policies relating to meter seals, charges and meter tampering.
7.72.050.4(B) Subsequent discovery of the above conditions with the same customer at the
same or a different location, shall result in the implementation of the fAMiscellaneous #Fees
sSchedule.
7.72.050.4(C) If, during the removal and inspection as noted above, it is further discovered that
the seal sealing the glass or polycarbonate cover to the meter base has been cut, removed,
modified, distorted, bent or other wise damaged or destroyed, said meter will be removed from
further service until tested and accuracy recalibrated. Another meter and a locking meter ring
shall be installed. A fee as shown on the fnMiscellaneous#Fees sSchedule to cover the cost of
testing and recalibration of the meter may be charged to the customer.
7.72.050.5 In the absence of eitheF a customer OF GGAGUFne , Section 7.72.050 shall apply to
the property owner.
7.72.060 Customer Responsibility for Customer Facilities-The customer shall at their sole
risk and expense furnish, install, inspect and keep in good and safe condition all electrical
facilities required for receiving electric energy from the lines of the District, regardless of the
location of the transformers, meters, or other equipment of the District, and for utilizing such
energy, including all necessary protective devices and suitable housing thereof. The customer
shall be solely responsible for the transmission and delivery of all electrical energy over or
through the customer's wires and equipment. The District shall not be responsible for any loss
or damage occasioned thereby.
All main switches, circuit breakers, fuses and similar devices required in connection with a
service and meter installation on a customer's premises shall be furnished, installed and
maintained by the Customer. Any of the aforementioned devices shall be Underwriter
Laboratory approved.
17.72.060.1 In the absence of eitheF-a customer OF GORSUFnef, Section 7.72.060 shall apply to
the property owner.
7.72.070 Standard of Meter Accuracy
7.72.070.1 The District recognizes the State of California approved minimum of 2% slow to a
maximum of 2%fast before any recalculation of billing will take place.
7.72.070.2 Meters tested and recalibrated in the District's facility shall leave that facility at the
highest possible degree of accuracy the facility is capable of producing. However, in no case
Title 7 Page 28
the General Manager shall, on behalf of the District, file criminal charges with the appropriate
District Attorney's Office.
CHAPTER 7.72
METERING
Sections:
7.72.010 General
7.72.020 Number of Meters
7.72.030 Service and Meter Standards
7.72.040 Meter Panel and Meter Locations
7.72.050 Customer Responsibility for District Facilities
7.72.060 Customer Responsibility for Customer Facilities
7.72.070 Standard of Meter Accuracy
7.72.080 Meter Tests
7.72.090 Meter Errors
7.72.100 Non-registering Meters
7.72.010 General - All electricity supplied by the District shall be measured by wattmeter.
Registration shall be in kilowatt-hours for general usage and billing, and kilowatts for demand
billings. For billing purposes, all meters located on the customer's premises will be billed
separately and the readings thereof shall not be combined unless the District determines that a
combined reading will result in an operating convenience. The owner of the property shall be
responsible for tenant disputes resulting from improperly marked services or revised wiring.
7.72.020 Number of Meters
7.72.020.1 The cost of each meter installation shall be paid by the customer prior to installation
according to the District's rate schedule.
7.72.020.2 For a thn�rresidence or business, one(1) meter per service or building shall
be installed.
7.72.020.3 For apartments, condominiums, townhouses, and other multiple dwelling units, one
meter per unit, apartment, condominium, etc. shall be installed. Said meters shall be grouped
together at one common location on the building per District standards.
7.72.020.4 For multiple businesses, offices, or commercial buildings, the original installation
shall be one meter per unit and the building(s)shall be so wired. Said meters shall be grouped
together at one common location on the building per District standards.
Subsequent enlargement or restriction of the original area(s) which does affect the electrical
metering shall be handled in one of the following ways:
7.72.020.4(A) Any subsequent remodeling of commercial buildings wherein complete unit(s)
are added to a business,the customer/owner shall have the following options:
7.72.020.4(A)(1) The meter(s) for the additional unit(s) may be connected in the
customer/owner's name. Section 7.72.010 shall prevail for the billing of each meter including
Title 7 Page 26
.7.64.010.3(C) Net energy credit_--All kilowatt-hours, per kilowatt-hour_— the net energy Formatted:Font:Bold
credit will be computed at a rate for payment equal to the monthly
average non-firm energy price the District pays during the applicable
billing month.
7.64.020 Net Metering Special Conditions
7.64.020.1 Generation agreement: A generation agreement with the customer is required for
service under the schedule.
7.64.020.2 For eligible residential and small commercial customer-generators, the net energy
metering calculation shall be made by measuring the difference between the electricity supplied
to the eligible customer-generator and the electricity generated by the eligible customer-
generator and fed back to the electric grid over a 12-month period. The following rules shall
apply to the annualized net metering calculation:
7.64.020.3(A)The eligible customer-generator account shall, at the end of the 12-month period
following the date of final interconnection of the customer-generator's system with the District,
and at each anniversary month thereafter, be evaluated and reconciled for electricity used or
generated during that period. The District will determine if the customer-generator was a net
consumer or a net producer of electricity during that period.
7.64.020.3(B) This evaluation and reconciliation for electricity used or generated may be
standardized by the District for the 12 month billing period ending with the March billing, rather
than using each customer's respective anniversary month.
7.64.020.3(C) At the end of each 12-month period, where the electricity supplied during the
period by the District exceeds the electricity generated by the customer-generator during that
same period,the customer-generator is a net electricity consumer and the District shall be owed
compensation for the customer-generator's net kilowatt-hour consumption over that same
period. The compensation owed for the customer-generator's shall be calculated as follows:
The net balance of moneys owed to the District shall be paid in accordance with the
normal billing cycle. If the customer-generator is a net producer over a normal billing
cycle, any excess kilowatt-hours generated during the billing cycle shall be carried
over to the following billing period as kilowatt-hour credits according to the
procedures set forth in this section, and appear as a credit on the customer-
generator's account. This credit may be utilized in the following billing cycle if the
customer is a net consumer during that cycle. If the customer is a net generator at
I the end of each 12-month period, then (3) of schedule D-NM: Domestic-Net
Metering in Appendix A shall apply.
7.64.020.3(D) At the end of each 12-month period, where the electricity generated by the
customer-generator during that 12-month period exceeds the electricity supplied during that
same period, the customer-generator is a net electricity producer and the District shall retain
any excess kilowatt-hours generated during the prior 12-month period. The customer-generator
shall be compensated by the District for the excess kilowatt-hours generated at its annual
average non-firm energy price the District pays during the prior 12-month period.
Title 7 Page 24
By means of underground facilities wherever in the District's judgment it is practicable to do so,
the District, at customer's expense, will construct a primary voltage supply line from its
distribution facilities to a termination point installed on the customer's premises in accordance
with Section 7.46 of these Regulations.
7.56.050.1(A) Notwithstanding the provisions of Section 7.72.060, if the District initiates the
rebuild of a portion of existing overhead distribution facilities by placing said facilities
underground, resulting in the requirement to modify the service panels of the customers served
thereby,the District may, based on special circumstances present, pay for all or a portion of the
costs of modification of the customer service panels and related equipment.
7.56.050.1(B) The General Manager of the District shall have the sole authority to authorize
payment on the part of the District for conversion of customer service panels and related
equipment under Section 7.56.050.1(A). The General Manager's approval concluding that
unique circumstances are present in this matter such that it is in the public interest and benefits
the District to pay for all or a portion of the cost of conversion of the customer service panels
and related equipment.
7.56.050.1(C) In judging whether there are unique circumstances present which justify a finding
that it is in the public interest and serves the public good for the District to pay for all or a portion
of the cost of converting customer service panels and related equipment, the General Manager
may consider matters relating to public safety, historic preservation, District operation and
maintenance costs, and any other matter that the General Manager deems appropriate.
Title 7 Page 22
I7.56.020.2(AB)All required trench clearances shall be maintained per California General Order
No. 128,unless superseded herein.
7.56.020.3 Service sConduit Requirements:
7.56.020.3(A)Refer to District's Electric Construction Standards for size and type of conduit.
7.56.020.3(B) Minimum size acceptable to the District of underground conduit shall be 2"for a
200 amp single phase panel. For a 400 amp single phase panel, a 3" underground conduit is
required.
7.56.020.3(C)Water pipe or water pipe fittings are not permitted.
7.56.020.3(D) The conduit shall be one continuous length, with no sweeps or bends from the
ground line to the meter socket.
7.56.020.3(E)The service conduit shall be supplied and installed by the customer.
7.56.020.3(F) Separate living units such as apartments, condos, townhouses, etc. located on
the same premises shall be served by a maximum of one conduit from any one of the District's
poles. In no case shall there be more than two electric conduits on any one of the District's
poles.
7.56.020.3(G)The District may elect to provide one conduit on the pole, connected to a splice
box located on the property line of two adjacent lots. In this instance, customers of affected
lands must make conduit runs to the splice box and not the pole.
7.56.020.4 If a pole is needed as a result of not being able to trench, bore, or obtain the
necessary permits for a road crossing, the District will install the riser pole and necessary
hardware and anchors. The customer shall pay to the District all actual costs for the District to
install the pole to include the cost of the pole, hardware, anchors, labor and overheads. The
District will be responsible for the riser on the pole (with the exception of the first 10 feet) and
the span of secondary conductor between the distribution system and the riser pole if within the
125 foot limit as referenced in Section 7.56.020.1. If the customer's service entrance is greater
than 125 feet from the distribution system,the customer will pay to the District, in addition to the
charges referenced in this section, the fee for additional footage as referenced in Section
7.56.020.1.
7.56.020.4(A) Said pole shall be of sufficient height to provide the District's conductors a legal
clearance above the roadway.
7.56.030 Overhead Services
7.56.030.1 Overhead service facilities, at secondary voltage,480 volts or less:
In areas supplied by the District's overhead facilities, where the District's distribution pole line is
located on a street, highway, lane, alley, or private easement immediately contiguous and at a
distance not to exceed 200 feet to the customer's premises the District will, in accordance with
the established service connection charges, furnish and install a service drop from its pole line
to a point of attachment determined by District personnel, on the customer's building or other
Title 7 Page 20
bids, plans, specifications and contracts for work done by, for, or on behalf of the District, as
well as to construction or reconstruction hereafter to be accepted in the District system.
7.48.040 Construction Information Booklets - The District shall periodically update its
Contractor Construction Specifications and its New Construction Information Booklet. Copies of
Ithese booklets shall be made available for public review at the District offices or on the District's
eta website www.tdpud.org.
CHAPTER 7.52
STREET AND SECURITY LIGHT SERVICE
Sections:
7.52.010 Definitions
7.52.010 Rates
7.52.010 Definitions
7.52.010.1 Street lights - Street lights are those lighting systems installed along public and
governmental corridors.
7.52.010.2 Security lights-Security lights are those lighting systems installed on private and
commercial property.
7.52.020 Rates
7.52.020.1 The unmetered street/security light rate is listed in the Miscellaneous Fees
Schedule. Street and security lights of the same wattage are charged the same rate.
7.52.020.1 (A) All new street lights shall be metered.
7.52.020.1 (B) The District shall no longer install new security lights.
7.52.020.1 (BC) The District intends to research and locate customers and owners of record for
each street/security light and assign appropriate billing. If there is no corresponding customer
or owner of record,the street/security light may be removed.
CHAPTER 7.56
SERVICE CONNECTIONS
Sections:
7.56.010 General
7.56.020 Underground Services
7.56.030 Overhead Services
7.56.040 Meter Requirements
7.56.050 Primary Voltage Supply
Title 7 Page 18
7.46.020.2 All costs associated with the extension of electric service shall be at the expense of
the applicant and shall be in accordance with the Development Agreement.These costs include
District labor, materials and fees. Costs also include those costs associated with construction
and installation of trenches, conduits, vaults, roads and other civil improvements necessary for
receiving and installing electric facilities. All electric facilities installed, hereunder, shall be and
remain the property of the District.
7.46.020.3 New Construction of the District's electric system shall be built only along roads or
highways and upon private lands across which satisfactory easements, encroachment permits
and/or rights of way have been obtained for the benefit of the District.
,7.46.020.4 The installation of a line extension does not alleviate the applicant from payment of Formatted:Font:Bold
Facilities Fees or Connection Fees.
7.46.030 Cost Sharing- ------- Formatted: No bullets or numbering
When a cGustomer/dGeveloper has contributed to the construction of the District's electric
system facilities and subsequent development is connected to or benefits from said facilities,the
costs shall be shared based on benefits and the amount realized shall be collected from said
Isubsequent development]
the ,subject to the following:
7.46.030.1. This condition shall remain in effect for a period of ten years from the date of
acceptance of the facilities by the District. For projects where the total amount eligible for
reimbursement is less than$5,000, no reimbursement agreement will be executed.OF Until SUGh
time as the GFiginal GustemeODeyelepw AG l()RgeF has title to the PFOper-ty whiGh was subjeGt to
7.46.030.2. Cost shares shall be calculated based on that portion of the line to be used by the
additional Customer and on the resulting total number of Customers served by the line segment
in question. For overhead lines,cost sharing shall be on a per-pole basis;for underground lines,
sharing shall be on a per-foot basis. Sharing of monies collected shall be based on the number
of users of each segment of line who are still eligible for cost sharing refunds.
7.46.030.3. Cost subject to sharing include monies paid to the District for District construction
labor and materials per the executed Electric Development Agreement. No adjustments to the
amount eligible for reimbursement shall be made for the effects of inflation(or deflation).
7.46.030.4 Upon completion of the construction the District shall provide final documentation to
the applicant of the total amount eligible for reimbursement. When subsequent parties who owe
money through reimbursement request service from the District,the amount owed shall be paid
to the District. The District shall then pay the appropriate amount to the individuals who are the
owners of record of the project APN on the date that the subsequent parties are connected.
Each subsequent party shall be subject to an administrative charge to cover administrative
duties associated with the reimbursement.
CHAPTER 7.48
Title 7 Page 16
7.32.040 — Cogeneration (Parallel Operation) - Cogenerators are defined as facilities that
produce electrical energy and utilize the heat energy by-product for other purposes (e.g.,
heating or cooling). The customer shall notify the District prior to the installation of this
equipment in order to provide design information and obtain approval for connection of the
equipment to the District's facilities.
CHAPTER 7.40
RESALE OF ELECTRICITY
Sections:
7.40.010 Resale of Electricity
7.40.010 Resale of Electricity
7.40.010.1 Customers shall not resell any of the electricity received from the District unless
there is advance written permission from the General Manager.
7.40.010.2 Customers shall not deliver electricity to premises other than those specified in the
customer's application for service, unless written permission of the District is obtained in
advance.
CHAPTER 7.44
POWER POLES
Sections:
7.44.010 Signs/advertising on Power Poles
7.44.010 Signs/advertising on Power Poles - It is a misdemeanor for any person to place or
maintain any signs or other advertising upon the power poles within the District.
(Penal Code 556.1)
CHAPTER 7.45
ELECTRIC SYSTEM MASTER PLAN
Sections:
7.45.010 General
7.45.020 Facility Construction
7.45.030 Facility Fees
7.45.010 General- In order to be in a state of readiness to serve electric energy to customers
of the District,the District shall prepare and maintain an Electric System Master Plan which shall
Title 7 Page 14
CHAPTER 7.74 Moved to Section 5.09
0- NNEPURENT€R RESPONSIBILITIES SERVICE TRANSFERS
Serotiefle
,
that the tFaRsfeFee is to beGOFne the ,
. )appliGat*011 and post the appropriate deposit with the DistriGt. WFitteR eF VeFbal nGtiGe b
S name Will Rot be
GhaFges,they must per-sGRally Fequest that the utility sePV*Ge be disGORnerteEk
Fes'd8RGe be GORtOF;ued iR the event that SUGh GU6t9FneF'G tenant oF ethelF authGF*zed agent has
FeRtal agFeeFAeRt between its GustemeFs and theiF tenants or agents-.
CHAPTER 7.28
REFUSAL TO SERVE
Sections:
7.28.010 Conditions
7.28.020 Notification
7.28.010 Conditions - The District may refuse to provide electric service under the following
conditions:
7.28.010.1 If the applicant, customer, or owner of serviced premises fails to comply with any of
the District's rules and regulations.
Title 7 Page 12
7.16.020 Customer Responsibility for District Facilities - The customer shall exercise
reasonable care to prevent District facilities installed on their premises from being damaged or
destroyed and shall refrain from tampering with such facilities. If any defect is discovered by the
customer,they shall promptly notify the District.
7.16.030 Customer Responsibility for Customer Facilities-The customer shall, at their sole
risk and expense, furnish, install, inspect and keep in good and safe condition all electrical
facilities required for receiving electric energy from the District, regardless of the location of the
transformers, meters, or other equipment of the District. The customer shall be solely
responsible for the transmission and delivery of all electrical energy over or through customer's
wires and equipment, and for utilizing such energy, including all necessary protective devices,
and the District shall not be responsible for any loss or damage occasioned thereby.All service
switches and similar devices required in connection with a service and meter installation on
customer's premises shall be furnished, installed and maintained by the customer in accordance
with District specifications.
7.16.040 Rights of Way, Rights of Access, Easements—The District shall be granted, at no
cost, all rights-of-way, rights of access, and easements necessary to serve the customer for the
installation, maintenance, repair, replacement, removal or use of any or all equipment or
materials used to supply and deliver electric services including tree trimming and removal to the
customer. The customer shall provide, at their expense,the appropriate legal easements to the
District as required.
7.16.040.1 -In addition,the following shall apply:
7.16.040.1(A) - No structures of any kind shall be constructed or permitted to be constructed,
including landscaping features which could impede District access, within, over, or upon the
easement area without written approval of the General Manager of the District.
7.16.040.1(B) — The District shall have the right to enter a customer's property during
reasonable hours to perform necessary functions such as meter reading, inspection,
maintenance, repairs, testing, installation, or removal of the District's property. The customer
shall be required to provide safe and timely access to the District.
7.16.040.1(C)—When meters are located inside a building,the customer shall provide three(3)
sets of keys to the District for access into the electrical switchgear room.
7.16.040.1(D) — When access to any of the District's facilities is impaired by the customer's
actions, animals, trees, shrubs, changes of grades, fences, locked doors or other obstructions,
the District will notify the customer and/or property owner of the impairment to access. The
customer is responsible for safely resolving the impairment or eliminating the interference
preventing timely access to the District's facilities. -
7.16.050—Tree Trimming and Removal—The District shall be granted all necessary rights-of-
way and rights of access to perform removal and trimming of trees, shrubs, vines or other
vegetation it deems prudent to maintain proper clearances and accessibility for the maintenance
and operation of all electric utility services, or as may be required by standard safe utility safety
practices.The decision to trim or clear around District facilities shall be the exclusive right of the
District. Refer to Tree Trimming Operating Procedures for detailed procedures.
Title 7 Page 10
3 EaGh GustemeF Will be FeqUiFed to show identifieation when he OF she Signs
i . . � �
7.12.020 Change in Customer's Equipment or Operations-In the event a customer desires
to make a material change in the amount of consumption or in the size, character, or extent of
the equipment and facilities providing electric service to them, they shall immediately file with
the District an amendment of the application for service, pay all charges required thereby and
obtain approval of the District prior to accepting such service. Customer may also be required
to obtain approval of service changes from the Town of Truckee Building Department or the
State of California.
17.12.030 New Construction and Upgrades
Title 7 Page 8
or riots, generation failures, lack of sufficient generating capacity, breakdowns of or damage to
equipment/facilities of District or of third parties, acts of God or public enemy, strikes or other
labor disputes, civil, military or governmental authority, electrical disturbances originating on or
transmitted through electrical systems with which District's system is interconnected and acts or
omissions of third parties.
7.08.010.2(B) Repair, maintenance, improvement, renewal or replacement work on District's
electrical system,which work, in the sole judgment of District, is necessary or prudent.
7.08.010.2(C) Automatic or manual actions taken by District, which in its sole judgment are
necessary or prudent to protect the performance, integrity, reliability or stability of District's
electrical system or any electrical system with which it is interconnected. Such actions shall
include, but shall not be limited to, the operation of automatic or manual protection equipment
installed in the District's Gempany' electrical system, including, without limitation, such
equipment as automatic relays, circuit breakers, switches or other controls. Automatic
equipment is preset to operate under certain prescribed conditions, which in the sole judgment
of District,threaten system performance, integrity, reliability and stability.
7.08.010.2(D)Actions taken to conserve energy and actions taken by the District with respect to
any plan or course of action to conserve energy at times of anticipated deficiency of resources,
including, but not limited to, non-voluntary curtailment or suspension of electric service.
7.08.020 Emergency Interruptions
7.08.020.1 Under disaster conditions, the District will cooperate to the fullest extent possible
with all governmental agencies having authority within District boundaries.
7.08.020.2 Under disaster conditions, the District will restore power in the following order if
feasible:
7.08.020.2(A) Hospitals and defined critical customers
7.08.020.2(B) Governmental agencies including-,-law enforcement,fire departments, and other
first responders
7.08.020.2(C) Disaster shelters
7.08.020.2(D) Main line feeders, tap circuits, and other areas where large groups of customers
can be put back into service at the same time
7.08.020.2(E) Individual services
7.08.030 Scheduled Interruptions-The District may suspend the delivery of electric service
for the purpose of making repairs or improvements to its system. The District will attempt to
provide reasonable advance notice of such suspension to affected customers. Repairs or
improvements that can be scheduled will be scheduled, when feasible, at such time as to
minimize impact to District Customers. The District will have final determination on the timing of
planned outages. In making repairs and improvements to the District's electrical system, the
District will do so with diligence and complete them as soon as reasonably practicable in
accordance with prudent utility practice.
Title 7 Page 6
cause a voltage drop greater than 3% at the service meter point or greater than 2% at a
neighboring point of service. Single phase motors, up to and including 5 HP may be served by
single phase at 240 volts.Applications requiring more than 5 HP must use three phase motors.
Three phase motor applications, up to and including 25 HP are generally permitted to be started
across the line subject to the requirements of this policy. Motors over 25 HP require reduced
voltage starting facilities which are subject to approval by the District.
7.05.060.2-Undervoltage Protection—All motors and special apparatus should be equipped
with suitable undervoltage relays or time delay tripping devices to protect against sustained
undervoltage or service interruption and to prevent automatic disconnection of equipment upon
momentary voltage disturbance.
7.05.060.3—Single Phase Protection—Three-phase motors should be equipped with suitable
protective relays or other devices to prevent single-phase operation, improper direction of
rotation and excessive heating due to over current.
7.05.070 — District Not Responsible for Damage —The District shall not be responsible for
damage to Customer equipment due to failure of Customer to provide adequate protection.
CHAPTER 7.06
SYSTEM DISTURBANCES RESULTING FROM CUSTOMER EQUIPMENT
Sections:
7.06.010 General
7.06.020 Power Quality
7.06.030 Total Harmonic Distortion(THD)
7.06.010 General-The customer's use of the District's electrical facilities shall not result in any
interference, disturbance, voltage fluctuations or other quality of service issue to the District's
electric distribution system or to other customers. The customer shall provide, at their own
expense, equipment to mitigate quality of service issues. In the case of devices in which large
blocks of load are recurrently switched on and off, such as electric boilers, welders, heaters,
motors, non-linear loads, or where the customer desires voltage control within unusually close
limits, the District may require the customer to provide, at their own expense, special or
additional equipment.
7.06.020—Power Quality-To minimize all interference with the quality of their service or that
of other customers, the District requires customer electrical facilities to meet the power quality
standards presented in the latest version of IEEE Standard 519, Recommended Practices and
Requirements for Harmonic Control in Electrical Power Systems, Section 10 - Recommended
Practices for Individual Customers, in addition to other District requirements or standards.
7.06.030 Total Harmonic Distortion(THD)
7.06.030.1 The application of any nonlinear load by the Customer(e.g., static power converters,
arc furnaces, adjustable speed drive systems, etc.)shall not cause voltage and/or current Total
Title 7 Page 4
written contracts.
7.01.010.3 Any dispute arising between an applicant and the District regarding interpretation
and administration of these rules will be referred to the Board of Directors for final decision.
7.01.010.4 If at any time during the Development Agreement process issues arise that need
resolution, the Odeveloper should submit a written request to the Project Administrator
responsible for the project in question. Such request shall state all of the items of concern.
The Odeveloper can expect a response within 10 business days from receipt of request. If no
resolution is reached, the Odeveloper can request a meeting with the District's General
Manager. If still no resolution is reached, the Odeveloper can request a meeting before the
Board to resolve the issue. Staff shall agendize the item before the Board for the next
scheduled regular Board meeting. Scheduling shall be consistent with the Brown Act and must
occur with at least 72 hours prior notice. Only after this process is exhausted without resolution
of the dispute may the parties proceed to litigation. If either party commences a court action
against the other based on a dispute or claim to which this paragraph applies without first
complying with the provisions of this paragraph,the party commencing the court action shall not
be entitled to recover attorney's fees, even if they would otherwise be available in such court
action.
CHAPTER 7.04
DISTRICT RESPONSIBILITIES
Sections:
7.04.010 General Information
7.04.020 Delivery-Voltage and Phase
7.04.030 Voltage Regulation,District Substation
7.04.010 General Information - To the best of its ability and in consideration of the existing
source,the District will supply electricity at each customer's service connection dependably and
safely, in adequate quantities to meet the reasonable needs and requirements of the customer,
in accordance with these policies.
7.04.020 Delivery - Voltage and Phase - All service shall be alternating current - 60 hertz.
Nominal secondary delivery voltages supplied by the District are:
a.Overhead and underground secondary services from an overhead primary system.
Ia--will be at 120/240 volt-single phase.
b. Underground secondary service from an underground primary system.
1. 120/240 volt-single phase
2. 120/208 volt-single/three phase wye(network metering)
3. 120/208 volt-three phase wye
4.277/480 volt-three phase wye
Title 7 Page 2
Title 8, District Property
Revised 5-6-09(Res. 09-14)
TITLE 8
DISTRICT PROPERTY
CHAPTERS
8.01 Real Property
8.04 Easements
8.06 Recordable Documents
8.08 Improvements
8.12 District Headquarters
8.16 Damage to District Property
8.20 Disposal of District Property
8.24 Records,Files and Documents
8.30 Encroachment Policy
CHAPTER 8.01
REAL PROPERTY
Sections:
8.01.010 Lease of District Land
8.01.015 Placement of Wireless Communications Facilities
8.01.020 Relocation and Real Property Acquisition Guidelines
8.01.010 Lease of District Land -The Board of Directors of the
District(District)shall observe the following steps as part of its determination to lease District owned
land:
1. Determine that a potential lessee exists for the parcel in question;
2. Evaluate the parcel and obtain the opinions of both the General Manager and District
Engineers regarding the size of the parcel and the desirability to obtain long-term revenues
from the lease thereof;
3. The use does not interfere with District operations and maintenance;
4. The use does not preclude future use or sale of the property;
5. The use does not impose unacceptable levels of liability;
6. The District should generate fair and reasonable revenue;
7. The lessee is not a District employee,Board member or family member of a Board member
or a District employee.("Family member'is defined to include spouse, domestic partner,
child,parent,sibling and stepchild,stepbrother,stepsister,stepmother and stepfather.)An
Title 8 Page 1
10.The Lessee shall furnish satisfactory proof, by certificate, presented to the District within
fifteen days of the date of the Lease, that he/she/it has comprehensive general liability,
public liability and property damage insurance. The insurance shall name the District as an
additional insured,be the primary insurance and protect both the Lessee and the District,its
officers and/or agents against loss from all liabilities imposed by law, and shall be
maintained in full force and effect during the term of the Lease of the Bent and in the
following amounts:
a. Limit of liability for comprehensive general liability-$1,000,000 aggregate liability for
loss per accident,.
b. Limit of liability for personal injury or accidental death-one person, $1,000,000;
aggregate liability per accident,$1,000,000,.
C. Limit of liability for property damage - $1,000,000 aggregate liability for loss per
accident;:
d. Shall also maintain statutory worker's compensation insurance.
11.The Board shall enforce any requirements by the California Environmental Quality Act,the
guidelines of the State and the District,.
12.The District reserves the right to adjust the limits of the insurance requirements based on the
use of District Property.
8.01.015 Placement of Wireless Communications The District may
authorize wireless communications companies to construct and maintain monopoles and antennas
on District owned property by special lease issued at the discretion of the Board of Directors,using
the following steps as a guideline:
1. Any party wishing to construct and maintain such a facility shall make application to the
General Manager of the District,in a form prescribed,and shall submit the application with a
non-refundable application fee as listed in the Miscellaneous Fee Schedule;
2. The General Manager shall review the application and approve or disapprove the application
based on conformance with the terms of the District's standard lease agreement;
3. -Installation of monopoles and antennas should pose no significant visual impact on
surrounding residential neighborhood;
4. The District should generate fair and reasonable revenue;
5. Co-development of wireless facilities shall be encouraged and the District's standard lease
agreement shall provide for co-development.The originating agency is required to notify the
District and the District shall share in the monetary gain realized by the lessee;
6. The General Manager will agendize the matter at a District Board meeting in order to give
the public an opportunity to provide input;
7. Any monopoles or antennas shall be approved by the Board of Directors,or as delegated by
the Board,to the General Manager,or his or her designee.
Title 8 Page 3
8.01.020 Relocation and Real Property Acquisition Guidelines-State and Federal laws require
public agencies to adopt rules and regulations that implement the requirements of the California
Uniform Relocation Act, Government Code Section 7260 et seq. and the United States Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970(42 U.S.C.Section 4601
et seq.).Section 7267.8 of the California Government Code provides that,with respect to federally
funded projects, public entities shall provide relocation assistance as required under federal law.
8.01.020.1 In implementation of the State Act,the District has adopted the Relocation Assistance
and Real Property Acquisition Guidelines,25 California Code of Regulations Section 6000 et seq.,
as its rules and regulations for relocation assistance and real property acquisition.(See Exhibit A
attached to DistrictT4A2JJD Resolution No.9322.)
8.01.020.2 In implementation of the Federal Act,the District has adopted the Federal Guidelines,
49 CFR Part 24,as its rules and regulations for relocation and real property acquisition of federal or
federally-assisted projects.(See Exhibit B attached to DistrictT4F4J0 Resolution No.9322.)
CHAPTER 8.04
EASEMENTS
Sections:
8.04.010 Use of Paved District Easements for Access to Privately
Owned Property
8.04.020 Abandonment or Relocation of Unused Easements
8.04.030 Grants of Easements of District Property
8.04.010 Use of Paved District Easements for Access to Privately Owned Property-The
District maintains paved easements throughout the District in orderto
access its facilities. Occasionally,the access easement for the District is also the most reasonable
access to a property owner's parcel. The following steps are a guideline to determine in which
situations it is proper to permit a private property owner to use an existing paved District easement
for access to his property:
1. A petition shall be filed by the property owner requesting permission from the District to use
an existing paved District easement for access to his property;
2. Each petition is to be reviewed by the General Manager on an individual basis,since each
such request will involve unique facts and circumstances;
3. If the General Manager decides to grant permission for use of its paved easement,it shall do
so by granting a revocable,non-transferable license. In no case shall the District grant an
easement or any other permanent property interest to a petitioner;
4. Before the General Manager will grant a license to a petitioner,the person who owns the
property underlying the paved District easement shall also agree,in writing,to the grant of
the revocable, non-transferable license;
5. Any license granted shall be revocable,and may be revoked by the District for any reason in
the District's sole discretion,with thirty(30)days written notice;
Title 8 Page 5
the petition a scale map of the petitioner's parcel,the District easement, and all adjoining
parcels, roads,and easements;
5. The petition shall have attached to it, as an exhibit, a copy of the most recent title report
issued with respect to the petitioner's property1-
6. The petition shall state that the petitioner understands that any use of the District's easement
pursuant to a license granted by the District is permissive,and petitioner shall therefore waive
any right to assert at any time that he has acquired any rights to the easement by virtue of
prescription or adverse possession;
7. The petitioner shall agree to extend his homeowner's liability insurance policy to cover the
entire area of the easement that will be used by the petitioner,or,alternatively,to purchase a
new policy of liability insurance covering that portion of the easement used by the petitioner;
8. The petitioner shall agree to indemnify,defend and hold the District harmless from any claims
or liabilities of any kind resulting from use of the license by the petitioner,his immediate family
and guests;
9. The petition shall state that the petition,or a license agreement if required by the District,may
be recorded by the District to put future purchasers on notice of the fact that the license is
non-transferable and revocable;
10.The petition shall acknowledge that a yearly maintenance fee shall be required of the
petitioner,and further acknowledge that the petitioner shall share equally with the District all
costs of maintaining the portion of the District's easement used by the petitioner,even if that
amount exceeds the accumulated amount of the yearly maintenance fee;
11.The petitioner shall acknowledge that the easement must be kept free of any parked vehicles
or other obstructions at all times, and that the petitioner shall pay the cost of removing any
such obstruction;
12.The petitioner shall acknowledge that he shall not locate a house,garage,driveway,vehicle or
other improvement within 50 feet of the nearest District facility;
13.The petition shall acknowledge that the license may be revoked by the District, in its
discretion,with thirty(30)days written notice;
14.The petitioner shall acknowledge that the transfer or attempted transfer of the petitioner's real
property to any person other than those who signed the petition shall automatically and
immediately cause the revocation of the license;
15.The petitioner shall acknowledge that a license will be granted by the District only if the
owner of the property underlying the District easement also agrees to grant a license. The
petitioner shall acknowledge that it is his responsibility to obtain a commitment from the
owner of the property underlying the District easement to the grant of a license to the
petitioner.
8.04.010.2 Review of petition-A petition for access,as provided by the property owner,shall be
reviewed by the District Engineers. Upon review of the petition, should the access be deemed
acceptable,an agreement shall be prepared for the access,including information provided within
the guidelines of this policy. A recommendation will be made to the General Manager,taking into
consideration the District's future plans.The agreement shall be reviewed by District Counsel.
Title 8 Page 7
8.04.020.3 A recommendation will be made to the General Manager taking into consideration the
District's future plans for the extension of utility lines.
8.04.020.4 A decision to abandon or relocate an easement shall be made by the General Manager
according to Resolution 1990-03.In making the decision,the General Manager shall consider future
District plans for water and electric lines,and facilities,the proximity of the parcel to undeveloped
property,and the reasons set forth by petitioner for requesting abandonment or relocation.
8.04.020.5 Form of abandonment or relocation
1. Any abandonment of an easement specific to the TFUrakee DeRneF PUNOG 1=14WDistrict shall
be accomplished by quitclaim deed or abandonment of easement document;
2. Any relocation of an easement specific to the District shall be
accomplished by the District quitclaiming its interest in the old easement and the land owner
granting a new easement by grant deed to the District;
3. Any abandonment or relocation of a public utility easement shall be accomplished by a
abandonment of easement document executed by the General Manager and recorded with
the County in which the parcel is located.
8.04.030 Grants of Easements on District Property Whenever possible, the District will grant
licenses for a specified period of time in--lieu-_-of perpetual easements. Use of District easements
must include the following steps:
1. Request for easement shall be made to the General Manager or the District Engineers;
2. Request shall be in writing and shall include copies of each of the following documents:
a. Location and site map on an eight and one-half by eleven-inch sheet;
b. Legal description of easement;
c. Plat map of easement;
d. Plans and specifications for any construction,grading or other work to be done within
the easement,including profile drawings;
e. An environmental impact statement or negative declaration if required by CEQA and
the guidelines of the sState and District.
3. A non--refundable application fee as listed in the Miscellaneous Fee Schedule to be paid to
the District at the time an easement is requested to cover the District's usual costs of
processing the request.Any costs incurred by the District in excess of$500,including costs
of labor,materials,engineering,surveys,appraisals,and overhead expenses shall be paid
by the party requesting the easement;
4. The District shall determine the fair market value of the easement which shall be paid to the
District in full at the time of conveyance of the easement.The District,in its discretion,may
assign the current market value per square foot to the easements covering an area not in
excess of four thousand square feet,unless the grantor objects,in which event the District
will obtain an appraisal of the easement.
5. Any easement,with a term of five years or less and a fair market value of less than$10,000,
may be granted by the General Manager or his/her designee without additional authorization
of the Board of Directors.The granting of all other easement shall be specifically authorized
by the Board of Directors;
Title 8 Page 9
11.The District reserves the right to adjust the limits of the insurance requirements based on the
use of District property.
12.As of April 2009, all future easements will be subject to the terms and conditions stated
within District Code,Title 8, District Property.
CHAPTER 8.06
RECORDABLE DOCUMENTS
Sections:
8.06.010 Recordable Documents
8.06.020 Reporting Requirements Regarding Real Property and
Easements
8.06.030 Retention of Real Property Documents
8.06.010 Recordable Documents—All documents affecting the title to, or possession of, real
property owned by the District shall be recorded promptly upon execution by the authorized official of
the District in accordance with the recording status of the State of California.The General Manager
of the District is authorized as follows:
1. To accept and consent to the recordation of any deeds granting easements or any other
interest in real estate to the District;
2. To accept and consent to the recordation of any deeds or other documents which grant a
restriction on the grantor's real property in favor of the District;
3. To accept and consent to the recordation of any notices which the District has requested the
grantor record against the grantor's real property;
4. To accept, sign, and consent to the recordation of any deeds releasing or abandoning
easements owned by the District that the General Manager determines are not needed by
the District;
5. To sign documents on behalf of the District,directed to Nevada or Placer County,informing
such sCounties of the District's willingness to release or abandon public utility easements if
the General Manager determines that such easements are not needed by the District.
8.06.020 Reporting Requirements Regarding Real Property and Easements-The General
Manager is to submit to the Board of Directors in January of each year a report of all real property
and easements accepted or abandoned during the previous year with the exception of temporary
blanket easements and the subsequent abandonment when construction is deemed complete by
District staff.
8.06.030 Retention of Real Property Documents
8.06.030.1 Original recorded real property documents shall be retained by the department
designated by the General Manager, or his/her designee, and in a manner so as to prevent
destruction from fire,flood,earthquake and other disasters.
Title 8 Page 11
8.12.010.4 For-profit organizations may use the Board room and shall be charged a fee per the
Miscellaneous Fee Schedule for each day's use of the Board room.
8.12.010.5 The General Manager,or his/her designee, shall maintain the schedule of use of the
Board room.
8.12.010.6 The General Manager shall report annually during the month of January to the Board of
Directors regarding the use of the Board room by outside organizations during the previous year.
8.12.012 Public Art Display at District Headquarters
It is the policy of the District to display art work in the District headquarters building created by local
area artists under the terms set forth below.
8.12.012.1 Public Art Displays are defined as watercolor,oil,pastel,pencil,photographic and other
forms of artwork hung in public areas within the District's facilities for a period of no less than six(6)
months.
8.12.012.2 The artistic theme of all artwork displayed in District facilities shall be Truckee history,our
local environment and/or public utilities. Such artwork must be politically neutral and in good taste.
8.12.012.3 All artisans displaying their work in District facilities must agree to and sign a Public Art
Display Waiver of liability in order for their work to be displayed in District Facilities.
8.12.012.4 All artwork will have a descriptive placard located in the bottom right corner of the piece
detailing the name of the piece, its price and artist contact information.
CHAPTER 8.16
DAMAGE TO DISTRICT PROPERTY
Sections:
8.16.010 General
8.16.010 General-In the event of damage to property owned by the District,which the General
Manager believes to be the result of intentional and malicious activity,the DistFi General Manager
is authorized to advertise an offer of reward for information which leads to the arrest and conviction
of those persons responsible for the damage.
The amount of the reward shall be determined at the discretion of the sist+st General Manager,but
in no event shall exceed the smaller of the sum of$1,000 or 10%of the amount of the estimated
damage.
Title 8 Page 13
8.20.020.4 The District would then offer the parcels for sale or lease in accordance with
Government Code Section 54222.The notice would be sent to any public agency developing low
and moderate income housing, to the local recreation and park district, to the State Resources
Agency and to the local school district.
8.20.020.5 If public agencies do not respond within 60 days,the District can then offer the land for
sale to private parties.
8.20.020.6 There is no requirement in eState law or in District policies requiring that land be sold to
a private party by public bid process.The District may negotiate with adjacent land owners for sale
of land.
8.20.020.7 If a public agency does want to purchase the land,the District enters into negotiations
for a period of not less than 60 days,after which the property may be sold to any other party.
(California Government Code)
8.20.020.8 Approval of sales of real property-The Board shall approve any sale of real property.
8.20.020.9 Exchange of surplus property-The steps must include the following:
1. Any proposed exchange of surplus property will require a finding-in-fact by the General
Manager that there is greater overriding benefit from the property received than from the
surplus land being exchanged;
2. The exchange of surplus property shall be approved by the Board of Directors, or as
delegated by the Board,to the General Manager or his or her designee.
8.20.020.10 Quit claims-.The steps_must include the following:__ ................... - Formatted:Font:Not sold
1. Quit claims of real property shall require the recommendation of the General Manager,
District Engineers and Technical Programs Administrator;
2. Execution of the quit claims shall be approved by the Board of Directors or,as delegated by
the Board,to the General Manager or his or her designee;
3. The financial consideration for the quitclaim shall,at a minimum,be fair market value or the
original purchase price paid by the District to obtain the property.
Title 8 Page 15
8.30.020.2 An"Encroachment Permit"is a contract between the District and the permit holder. An
Encroachment Permit is not a property right,such as an easement, nor does it confer a property
right. The Encroachment Permit cannot be transferred with the sale of real personal property.It is
mandatory that the encroachment be abated with the sale of the property.
8.30.020.3 Each Encroachment Permit issued shall have a maximum term of one year and must be
renewed if the Permittee would like the Encroachment Permit to extend beyond the term.
Encroachment Permits for the same encroachment will not be granted for more than a total of five
years.
8.30.020.4 The Encroachment Permit Category cannot change from a more severe category to
lesser one at anytime.It is possible,at the discretion of the District,to change the designation to a
more severe category depending on whether the encroachment expands in scope or becomes more
severe.
8.30.030 Implementation-Steps must include the following:
1. It is the responsibility of a property owner to know the location of property boundaries, in
particular when use of that property causes an encroachment onto District property;
2. The District shall seek voluntary elimination of encroachments. Except where otherwise
specifically authorized,encroachments shall be removed and the District's property restored
to its pre-encroachment condition to the extent possible;
3. The party responsible for an encroachment may request an Encroachment Permit according
to the process set forth below, including providing information required to support the
following findings and payment of a fee. The fee will be based upon the category of the
encroachment;
4. The responsible party shall provide information to the District to verify and plan for the
adequacy of restoration required. The encroachment shall be removed and restoration shall
be completed prior to the expiration of the Encroachment Permit;
5. If the District finds that the encroachment has not been satisfactory corrected, and no
response is received within 10 days, the District shall notify the property owner, or other
responsible party, that the District may eliminate the encroachment, restore the affected
area, and charge the responsible party for incurred costs.
8.30.040 Encroachment Review Process
Upon the report or discovery of an encroachment,the District's Technical Program Administrator
shall
1. Investigate the encroachment to confirm that the area is or appears to be within the
boundaries of District owned property;
2. Notify the property owner or other responsible party of the encroachment by mail. The
notice shall include a description, which may include a photograph or drawing of the
encroachment,and location,and shall request a response within 10 days of receipt of the
letter;
3. If no response is received within 10 days,and the encroachment remains,the District will
notify the property owner or other responsible party of the encroachment by certified mail. If
Title 8 Page 17
8.30.070 Encroachment Categories and Encroachment Permit Costs
8.30.070.1 Category 1 (Minor)—Gardens or other intentional or unintentional plantings,escaping
from private property through propagation by root,tube,trunk, limb,vine or other non-wind borne
means and incidental use.Cost of a Category 1 Encroachment Permit per the Miscellaneous Fee
Schedule.
8.30.070.2 Category 2 (Major) — Non-permanent structures and improvements, such as those
without durable and complete foundations.Non-permanent structures and improvements include
fences, paths, walkways, pavers, gravel, stone, earthen berms, earth fill, drainage across the
property,single or gang mail boxes,unpaved parking areas and storage areas that are not included
in permanent structures. Cost of a Category 2 Encroachment Permit per the Miscellaneous Fee
Schedule.
8.30.070.3 Category 3(Special)—Permanent Structures are such as those which utilize a durable
and complete foundation. Permanent structures include buildings,concrete patios,paved parking
areas,driveways,decks with foundations,masonry walls,sheds,and rip-rap.Cost of a Category 3
Encroachment Permit per the Miscellaneous Fee Schedule.
8.30.070.4 The above lists are not all inclusive. The applicant must check with the District to
determine the encroachment category for the encroachment.
8.30.070.5 Prohibitive items for which Encroachment Permits shall not be granted include,but are
not limited to,the dumping of any non-toxic/toxic and non-hazardous/hazardous material or waste;
including fuel, oil, green waste, the spraying of pesticides, herbicides and insecticides and
deposition of any toxic or hazardous material including fertilizers.
8.30.070.6 Category 1 and 2 Encroachment Permits shall be reviewed and acted upon by District
Staff.
8.30.070.7 Category 3(Special)Encroachment Permits require review and action as an agenized
item before the District Tr, Gkee n.,.ReF of D Board of Directors at a regularly scheduled meeting.
8.30.070.8 Once a year District staff will gather information on all Encroachment Permits,the status
of the same and will provide an annual report to the District's Board of Directors.
8.30.080 Limitation
8.30.080.1 An Encroachment Permit as described above is temporary,vests no permanent rights,
and does not attach to the land. The Permit may be revoked upon a minimum of thirty(30)days'
notice, unless a shorter notice period is specified in the permit or is justified by an imminent or
substantial risk of harm to persons or property.
8.30.080.2 Existing encroachments will be dealt with on a case by case basis.
Revised 5-6-09(Res. 09-14)
Title 8 Page 19
after 10 additional calendar days there is still no response,the District shall take necessary
action,which may include legal action to remove the encroachment.
8.30.050 Request for Encroachment Permit-Steps must include the following:
1. A party responsible for an encroachment may request an Encroachment Permit accordingly
by filling out and submitting an application form along with all applicable fees;
2. The encroachment shall not be contrary to any deed or other restriction for either parcel or
violate any local,state or federal statute, regulation or ordinance;
3. The encroachment shall not detract from the visual character or use of the surrounding
properties as determined by the District;
4. The Applicant/Permittee shall covenant and agree to indemnify,defend and hold the District
harmless from and against all claims, actions, or suits, for any loss, liability, injury, and
damage to person or property including but not limited to attorneys'fees,experts'fees and
costs, which may be asserted against the District because of the Applicant/Permittee's
encroachment of the District's property;
5. The Applicant/Permittee shall furnish satisfactory proof, by certificate, presented to the
District within fifteen days of the date of the Encroachment Permit, that he/she/it has
comprehensive general liability, public liability and property damage insurance. The
insurance shall name the District as an additional insured, be the primary insurance and
protect both the Applicant/Permittee and the District,its officers and/or agents against loss
from all liabilities imposed by law,and shall be maintained in full force and effect during the
term of the Encroachment Permit of the contract and in the following amounts:
a. Limit of liability for comprehensive general liability-$1,000,000 aggregate
liability for loss per accident.
b. Limit of liability for personal injury or accidental death-one person,
$1,000,000;aggregate liability per accident,$1,000,000.
C. Limit of liability for property damage-$1,000,000 aggregate liability for loss
per accident.
d. Shall also maintain statutory worker's compensation insurance.
e. The District reserves the right to adjust the limits of the insurance
requirements based on the use of District property.
8.30.060 Rights of Appeal
8.30.060.1 If the Applicant/Permittee wishes to appeal the Encroachment Classification, the
Applicant/Permittee may request the decision to be reviewed by the General Manager of the District
by filing a request for review in writing.To be timely,the request for review must be received within
fourteen calendar days of the date of the original written decision. The decision of the General
Manager shall be conclusive and final.
Title 8 Page 18
CHAPTER 8.24
RECORDS,FILES AND DOCUMENTS
Sections:
8.24.010 Removal of Records, Files and Documents from
District Premises
8.24.010 Removal of Records.Files and Documents from District Premises-It is the policy of
the District that no records,files or documents be removed from the premises without prior approval
by an employee's immediate supervisor or,in the case of management employees,approval bythe
General Manager.
CHAPTER 8.30
ENCROACHMENT POLICY
8.30.010 General
8.30.020 Definition
8.30 030 Implementation
8.30.040 Encroachment Review Process
8.30.050 Request for Encroachment Permit
8.30.060 Rights of Appeal
8.30.070 Encroachment Categories and Encroachment Permit Costs
8.30.080 Limitation
8.30.010 General The intent of this policy is to define guidelines and parameters as it relates to
encroachments on District property.An"encroachment"is an entry onto or use of District property
without the District's explicit permission. Examples of encroachments are fences, snow storage,
wood or vehicle storage or buildings, roadways and driveways which have intentionally or
unintentionally been placed on District property.
The District, in its sole and absolute discretion, may approve, deny, or set any limitations or
conditions on any encroachment on District property and issue and, at any time, alter, amend,
modify, rescind,or revoke an Encroachment Permit for an encroachment, all without recourse or
remedy by an Applicant/Permittee for an Encroachment Permit or liability to the District. The District
may also amend, modify or rescind this policy at any time without recourse or remedy by any
Applicant/Permittee or with liability to the District.
8.30.020 Definition
8.30.020.1"Encroachment"means an unauthorized entry onto or use of District property,including
removal or planting of vegetation,placement of structures or materials,snow removal or storage,or
other alteration of surface or landscape that may affect or alter the visual aspects and uses of
District property.
Title 8 Page 16
CHAPTER 8.20
DISPOSAL OF DISTRICT PROPERTY
Sections:
8.20.010 Disposal of Surplus Inventory, Materials, Office
Equipment and Vehicles
8.20.020 Disposal of Real Property
8.20.010 Disposal of Surplus Inventory,Materials,Office Equipment and Vehicles
8.20.010.1 Items of inventory,materials,office equipment and vehicles considered by staff to be no
longer necessary shall be listed on an appropriate form and presented to the General Manager.
8.20.010.2 For items with an estimated value in excess of$1,000 per item,the General Manager
shall direct that a Board action declaring the items surplus be placed on an agenda for Board review
and approval. For items with an estimated value of less than$1,000 per item,the Board authorizes
the General Manager to dispose of the surplus inventory at his discretion.
8.20.010.3 The General Manager shall for the disposal of surplus items,have the option of a trade-
in allowance for new replacement equipment,use of a contract auction company,or the public bid
process.
8.20.010.3(A) If the public bid process is to be used,then the General Manager shall advertise the
sale of the surplus items in the appropriate newspapers and journals.
In the event that no bids are received on some items,or the General Manager determines
that the bids received on certain items are not sufficient, the Board may authorize the
General Manager to dispose of such items at his discretion.
8.20.010.4 No Board member may bid on or purchase surplus property from the District.No person
who makes,participates in the making of,or influences the decision to dispose of surplus property
may bid on such items.This includes District staff,consultants,advisory committee members and all
other individuals who make, participate in the making of, or influence the decision regarding the
disposal of surplus property.
8.20.020 Disposal of Real Property
8.20.020.1 District real property is considered surplus when designated as such by the Board of
Directors.
8.20.020.2 Sale of District real property shall be in conformance with Government Code Sections
65402 and 54222.
8.20.020.3 In accordance with Government Code Section 54221, in order to dispose of real
property owned by the District, parcels would be surveyed and appraised and existing utilities
identified.
Title 8 Page 14
8.06.030.2 Real Property Database-The District shall maintain an inventory of all properties owned
in fee simple interest by the District,and each property shall be identified by use:operating,held for
future use and surplus.
8.06.030.3 Real Property Easements—The District shall maintain an inventory of all easements
issued to or by the District.
CHAPTER 8.08
IMPROVEMENTS
Sections:
8.08.010 Conditions of Acceptance
8.08.010 Conditions of Acceptance
8.08.010.1 All development agreements calling for works of improvement in an amount of$400,000
or more to be constructed pursuant to the District's standards and guidelines,shall be authorized by
the Board.
8.08.010.2 All development agreements calling for works of improvement in an amount less than
$400,000 to be constructed pursuant to the District's standards and guidelines,shall be authorized
by the General Manager.
8.08.010.3 Acceptance of all works of improvement subject to the District's standards and
guidelines and constructed pursuant to a development agreement,shall be accepted for transfer
and dedication to the District, by the General Manager(Res.90-03).
CHAPTER 8.12
DISTRICT COMPLEX HEADQUARTERS
Sections:
8.12.010 Use of the Board Room
8.12.012 Public Art Display in District Headquarters
8.12.010 Use of the Board Room
8.12.010.1 The Boardroom of the TFUGkee DGRReF PubliG UWDistrict will be available on a first
come,first serve basis by other governmental agencies not-for-profit organizations and for-profit
organizations serving the Truckee community.
8.12.010.2 In all cases,the District use of the Board room takes priority over all others.
8.12.010.3 Governmental agencies and not-for-profit organizations may use the Board room at no
charge.
Title 8 Page 12
6. Easements shall be for limited purposes and subject to such conditions as the District shall
specify in the grant of easement . Unless otherwise expressly specified in the grant, the
easement shall be subject to the following conditions:
a. The use of the easement shall be subordinate to the paramount right of the District
to use its lands for utility purposes. No use of the easement shall cause any
substantial interference with the District's use of the land or with the operation,
maintenance, repair or installation of District facilities therein;
b. No building or portion of a building shall be within the easement area;
C. Upon completion of construction within an easement,the ground surface shall be
restored as near as possible to the condition it was in prior to the construction with all
rubbish and foreign materials removed and the area left in a safe and clean
condition;
d. As-built drawing procedures-see Section 5.01.027 regarding project documentation
deposit and Appendix B for District policy regarding As-Built Drawings.
7. For land locked parcels, the District shall consider, but will not be required to issue an
easement for ingress,egress and/or utility purposes.-O
8. The District,in its sole and absolute discretion,may approve,deny,or set any limitations or
conditions on any easement on District property.The District may also at any time, alter,
amend, modify,rescind,or revoke a Grant of Easement,all without recourse or remedy by
the requestor for an Easement or liability to the District. The District may also amend,modify
or rescind this policy at any time without recourse or remedy by any requestor or with liability
to the District.
9. The Petitioner shall covenant and agree to indemnify,defend and hold the District harmless
from and against all claims, actions, or suits,for any loss, liability, injury, and damage to
person or property including but not limited to attorneys'fees,experts'fees and costs,which
may be asserted against the District because of the Petitioner's use of the District's property;
10.The Petitioner shall furnish satisfactory proof,by certificate,presented to the District within
fifteen days of the date of the Grant of the Easement, that he/she/it has comprehensive
general liability,public liability and property damage insurance. The insurance shall name
the District as an additional insured,be the primary insurance and protect both the Petitioner
and the District,its officers and/or agents against loss from all liabilities imposed by law,and
shall be maintained in full force and effect during the term of the Easement in the following
amounts:
a. Limit of liability for comprehensive general liability-$1,000,000 aggregate liabilityfor
loss per accident.
b. Limit of liability for personal injury or accidental death-one person, $1,000,000;
aggregate liability per accident,$1,000,000.
C. Limit of liability for property damage - $1,000,000 aggregate liability for loss per
accident.
d. Shall also maintain statutory worker's compensation insurance.
Title 8 Page 10
8.04.010.3 Action by Board of Directors- A decision to allow joint access shall be a Board level
decision. If the Board votes to allow joint access,it shall do so by resolution,said resolution setting
forth the pertinent facts giving rise to the access.
8.04.020 Abandonment or Relocation of Unused Easements-The purpose of this policy is to
guide the District in its decisions regarding abandonment or retention of unused easements or
relocation of existing easements as a result of lot line adjustments. At the time that development
occurs,there is uncertainty as to the need for the extension of water and electric lines. Based on
that uncertainty,it is prudent for the District to secure utility easements for future line extensions. As
an area completes its development,the uncertainties become less present,and certain reserved
easements can be abandoned or relocated. When a property owner petitions the District to
abandon or relocate unused reserved easements,the following procedures shall be followed.
It is the intent of this policy to protect the District's access to easements while giving property owners
the opportunity to clear their parcels of easement restrictions that will not be used in the future by the
District.
8.04.020.1 Form of petition- A request that the District abandon or relocate an unused easement
shall be made by petition in the following form. Petitions to abandon or relocate an easement shall
include:
1. A description of why the petitioner requests the easement be abandoned or relocated;
2. Identify the parcel involved by referring to the recorded Book and Page number of the
Subdivision and the Assessor's Parcel Number;
3. Contain a sufficient description of the easement to allow the District to clearly identify what
easement is requested to be abandoned or relocated;
4. Contain a sketch of the parcel and all adjoining parcels showing water and electric lines
serving said parcels;
5. Contain the name and notarized signature, as well as mailing address, of each owner of
record of the parcel on which the easement sits;
6. State whether any utility line of any type is presently using the easement,or has used the
easement during the past five years;
7. Contain the statement that petitioner is aware that the District makes no guarantee that its
quitclaim alone is sufficient to clear the title of the easement;
8. Contain a statement that the petitioner shall pay any recording fees associated with
abandonment or relocation of the easement;
8.04.020.2 Review of petition - A petition to abandon or relocate unused easements shall be
reviewed by the District Engineers. The petition, proposed quitclaim deed and new easement if
applicable shall be reviewed by District Counsel.
Title 8 Page 8
6. The District shall grant a license only to the property owners who signed the petition,but the
license may extend to the petitioner's immediate family and guests;
7. The petitioner shall be required to keep the paved District easement free at all times from
parked vehicles or other obstructions. If the District easement is blocked by the petitioner,
such obstruction will be removed at the petitioner's expense;
8. In no case shall a petitioner's vehicle,garage,driveway,or any equipment or improvement
come within 50 feet of any existing District facilities, including District water tanks, pump
houses,and similar facilities;:
9. The petitioner shall bear equal responsibility with the District for the maintenance of that
portion of the paved District easement used by the petitioner. The petitioner shall be
required to pay to the District a yearly maintenance fee, which amount will be used for
maintenance of the easement. In the event that the cost of maintenance exceeds the
accumulated maintenance fee,then the petitioner shall be required to pay to the District the
amount of such excess;
10. A nonrefundable application fee as listed in the Miscellaneous Fee Schedule to be paid by
petitioner shall accompany each petition presented to the District to cover District costs
related to review and preparation of the access documents.
8.04.010.1 The Petitioner's request that the District grant permission for use of one of its paved
easements for access by the property owner to his parcel shall be made by petition using the
following steps:
1. The petition shall state that the petitioner understands that any license granted by the District
shall be non-transferable and shall be revocable, at the District's sole discretion. The
petitioner shall further acknowledge that should the District revoke the license, then the
petitioner would be required to obtain other access to the petitioner's property and to any
house,garage,or other improvement thereon. In view of this,the petitioner shall agree to
construct any house, garage, or other improvement so that the same can be reached
through alternate methods of access in the event that the District revokes any license
granted. Further, the petitioner shall agree that because any license granted will be
revocable, at the District's discretion, the petitioner shall not expend time and money on
improvements in reliance on the continued existence of the license,and the petitioner shall
waive the right to claim that the license has become irrevocable by virtue of the petitioner's
reliance on continued use of the license;
2. The petition shall state specific reasons why the petitioner needs access across an existing
District easement,and shall state specifically why the petitioner is unable to obtain alternate
access;
3. The petition shall list the full names of all property owners of record,including their mailing
addresses and telephone numbers,and shall contain notarized signatures of all such record
property owners;
4. The petition shall identify the petitioner's parcel by a full legal description, and by the
assessor's parcel number. The petition shall have attached to it as an exhibit a copy of the
recorded%subdivision map,if any,showing the petitioner's parcel and the existing District
easement. If no recorded subdivision map exists,the petitioner shall attach as an exhibit to
Title 8 Page 6
8.01.015.1 The Board of Directors shall award the lease in a resolution and include the following
steps:
1. General Manager or his/her designee may execute the lease;
2. Require at a minimum$500 monthly rent for non_public safety entities or the Board,at its
discretion,may assign a value;
3. Requires a cost—of—living increase every year based upon the Consumer Price Index;
4. Term of lease to be five years with an option(s)to renew not to exceed 25 years total;
5. District shall retain control over the use of the parcel and the design of any structure,
monopole and/or antenna to be constructed thereon;
6. Lessee shall reimburse the District for all costs expended in connection with the agreement
including legal,engineering,appraisal,advertising and administrative costs;
7. The Lessee shall covenant and agree to indemnify,defend and hold the District harmless
from and against all claims, actions, or suits,for any loss, liability, injury, and damage to
person or property including but not limited to attorneys'fees,experts'fees and costs,which
may be asserted against the District because of the Lessee's encroachment of the District's
property;
8. The Lessee shall furnish satisfactory proof, by certificate, presented to the District within
fifteen days of the date of the Lease, that he/she/it has comprehensive general liability,
public liability and property damage insurance. The insurance shall name the District as an
additional insured, be the primary insurance and protect both the Applicant/Permittee and
the District, its officers and/or agents against loss from all liabilities imposed by law, and
shall be maintained in full force and effect during the term of the Lease of the Geettaaand in
the following amounts:
a. Limit of liability for comprehensive general liability-$1,000,000 aggregate liability for
loss per accident.,.
b. Limit of liability for personal injury or accidental death-one person, $1,000,000;
aggregate liability per accident,$1,000,000,.
C. Limit of liability for property damage - $1,000,000 aggregate liability for loss per
accident,.
d. Shall also maintain statutory worker's compensation insurances-
e. The District reserves the right to adjust the limits of the insurance requirements
based on the use of District property.
8.01.015.2 Upon approval by the District,the applicant will be required to make application to the
appropriate planning and zoning agency for the specific land use approval for the site.
Title 8 Page 4
exception to this exclusion is if the lease is awarded to a District employee or a family
member of the District employee on the basis of a competitive auction, bid or proposal
process and the District employee has not made,participated in the making of or influenced
any decision with respect to the lease or the award of the lease,.
8. Obtain an independent appraisal from a qualified appraiser relating to the value of the parcel
or any part thereof and to its best possible use,.
9. The Board shall comply with the terms of Public Utilities Code Section 16431 et seq. and
Government Code Section 54221 et seq.and make the findings required pursuant to said
sections,:
10.The District will conduct an appropriate environmental review in accordance with the
California Environmental Quality Act(CEQA),.
11.The General Manager will schedule a public hearing at a District Board meeting in order to
give the public an opportunity to provide input.
8.01.010.1 The Board shall advertise in a local newspaper of general circulation its minimum
requirements and shall award the lease only by competitive bidding. All bidders must submit a
cashier's check,certified check,or bid bond in a sum equal to$1,000. Said deposit,check,or bond
shall be forfeited in the event that they are awarded the lease and fail to accept,execute and return
to the District the same within ten(10)days of receipt of the lease agreement.
8.01.010.2 The Board shall award the lease in a resolution and include the following steps:
1. General Manager or his designee may execute the lease;
2. Require at a minimum$500 monthly rent for non_public safety entities or the Board,at its
discretion,may assign a value;
3. Requires a cost—of—living increase every year based upon Consumer Price Index;
4. Term of lease to be five years with an option(s)to renew not to exceed 25 years total;
5. District shall retain control over the use of the parcel and the design of the structures to be
constructed thereon;
6. Lessee shall reimburse the District for all costs expended in connection with the lease of the
parcel including legal,engineering,appraisal,advertising and administrative costs;
7. District shall provide,and the lessee shall pay for,a title policy evidencing District ownership
of the parcel;
8. Lessee shall be responsible for the taxes to be levied upon the parcel;
9. The Lessee shall covenant and agree to indemnify,defend and hold the District harmless
from and against all claims, actions, or suits,for any loss, liability, injury, and damage to
person or property including but not limited to attorneys'fees,experts'fees and costs,which
may be asserted against the District because of the Lessee's encroachment of the District's
Property;
Title 8 Page 2
Appendix A
APPENDIX A
TABLE OF CONTENTS
3/18/09
Electric connection and facilities fees g
Electric rates - residential and commercial 8
Fir��yra enaRGe fees C
Miscellaneous Fee Schedule 10
Photovoltaic power production -Schedule D-NM 12
Record retention schedule 2
Voluntary Renewable Energy Cert Program-Green Tags 9
Water connection and facilities fees 14
Water rates - residential and commercial 15
1
time cards.
Seven(7)years.See Note#2.
All payroll records.
Union agreements, employment contracts, plans,trusts and other wage Three(3)years
Fair Labor agreements.
Standards Act
(For record Contracts and memorandums pertaining to Belo type contracts. Three(3)years
keeping
requirements in Agreements basing overtime pay on piece, hourly or basic rates. Three(3)years
special
situations,such
as apprentices,
learners,job
orders submitted
to employment Indeterminate
agencies or labor Records with respect to each employee sufficient to determine the
unions for benefits due or which may become due. Six 6 months from date of record
recruitment of ( )
personnel, Personnel or employment records, including forms submitted by or personnel action or in the case of
commission applicants and other records having to do with hiring, promotion, a discrimination charge,all files and
employees,see demotion,transfer, lay-off or termination, rates of pay or other terms of records until final disposition of the
Fair Labor compensation and selection for training shall be preserved. charge.(EEOC has issued
Standards Act, proposed revisions to Title VII's
Regulation Part record-keeping regulations;instead
516.) of current six months retention
Employee
period,the EEOC proposes a two Retirement Year retention period.)
Security Act of
1974 Ninety(90)days from date of
All records as outlined in paragraph(A)with regard to applicants for record or personnel action.
Civil Rights Act of temporary job positions.
1964(Title VII) Five(5)years following the end of
Log and summary of occupational injuries and illnesses(OSHA 200); the calendar year to which they
or Workers'Compensation Employer's First Report of Industrial Injury;Age relate.
Summary occupational injuries and illnesses(OSHA 200).
Discrimination in
Employment
Occupational
Safety & Health
Act of California
1973
ASSESSING AND TAX COLLECTING RECORDS
3. Government All assessing records. Seven(7)years after lien date.See
Code Section Note#3.
60200-60203
All tax rolls. Twelve 12 ears.See Note#4.
RECORDS CONCERNING LONG-TERM DEBT
4. Government Records of proceedings for the authorization of long-term debt, Retain until final payment;
Code Section bonds,warrants, loans,etc. thereafter may be destroyed in less
60200-60203 than ten(10)years if microfilmed.
See Note#3.
Terms and conditions of bonds,warrants, and other long-term agreements.
Six(6)months if detailed payment
Paid bonds,warrant certificates and interest coupons. records are kept for ten 10 ears.
MINUTES
5. Government
Code Section Minutes of the meetings of the Board of Directors. Indefinitely.See Note#5.
60200-60203
CONSTRUCTION RECORDS
6. Government Construction records such as bids,correspondence,change Not in excess of seven(7)years
3
ul
U.
ul
c 3
A. Residential Facilities Fees
1. New Residential Areas: The amount of the electric facilities fees shall be based
according to panel size as follows:
a. 200Amp or less -$1,298.
b. 400Amp - $2,595.
2. Existing Residential Areas: Within existing residential areas, the developer or owner who
builds an improvement on a vacant parcel will pay the difference in facility fees between the
current facility fee and the fee that was paid for that particular parcel at the time the
residential area was originally developed. In addition, if the developer or owner who builds
an improvement on a vacant parcel desires to install a electric service larger than a 200 amp
single phase panel,the developer or owner will pay the difference in facility fees between the
larger panel and a 200 amp panel.
3. Modification to Existing Residential Service: A customer desiring to modify the size of an
existing panel for a residential service will pay the difference in facility fees,at the current fee
schedule, between the larger panel and the facility fee that was paid at the time the existing
panel was installed.
B. Commercial Facilities Fees
1. New Commercial Development: For new commercial development,facility fees will be due
and payable upon execution of a development agreement with the District. Facility fees will
be charged according to the voltage, panel size, and phasing requirements as requested
and noted in the development application submitted to the District by the developer.
The amount of commercial electric facilities fees shall be charged according to the following
schedule:
Voltage Panel Size 1 Phase Fee 3 Phase Fee
120/240 200A or less $1,298 $2,247
120/240 400 $2,596 $4,496
120/240 600 $3,893 $6,743
120/240 800 $5,191 $8,992
120/240 1000 $6,489 $11,239
120/240 1200 $7,787 $13,488
120/240 1400 $9,085 $15,734
120/240 1600 $10,382 $17,983
120/208 200A or less $1,125 $1,948
120/208 400 $2,250 $3,896
120/208 600 $3,374 $5,844
120/208 800 $4,499 $7,792
120/208 1000 $5,624 $9,741
120/208 1200 $6,749 $11,688
120/208 1400 $7,873 $13,636
120/208 1600 $8,998 $15,586
120/208 2000 $11,248 $19,481
277/480 200A or less $2,596 $4,496
277/480 400 $5,191 $8,992
277/480 600 $7,787 $13,488
277/480 800 $10,382 $17,983
7
ESTABLISH A RATE FOR THE VOLUNTARY RENEWABLE ENERGY
CERTIFICATE PROGRAM
The Board of Directors took action to participate in a voluntary Green Renewable Energy Certificate
Program; Renewable Energy Credits(RECs)also called"Green Tags"represent the environmental
benefits that occur when clean, new renewable energy is substituted for power that is produced by
burning fossil fuel; and Board of Directors has set the cost to participate in the program would be
$0.015 per kilowatt hour (kWh) usage which includes all labor with overheads plus the cost to
purchase Green Tags.
Ord. 2008-04, Ord. 2009-02
9
MISCELLANEOUS FEES SCHEDULE-Page 2 of 2
DISTRICT PROPERTY
44 Placement of wireless communication monthly rental fee min$500.00
45 Use of paved District easement(one-time fee) $500.00
46 Grants of easement on District property(one-time fee) $500.00
47 Annual Encroachment permit costs
48 1 8.30.070.1 Category 1 (Minor) $150.00
49 8.30.070.2 Category 2(Major) $500.00
50 8.30.070.3 Category 3(Special)
$1,000.00
51 Abandonment of easements(one-time fee) $5
$500.00
52 Variance of service requirements(one-time fee) $500.00
53 Daily board room rental
$100.00
GENERAL
54 FA;R$a 00.go
55 Administrative costs/fees(Costs incurred by District staff for tasks that are specific to garticularprojects and/or
customer requests. These costs may include but are not limited to labor costs and materials Actual cost
56 Document Printing&Copying per page(except current Board Agenda Packets&copies of a customer's own
records) $0.10
57 Electronic Medium(lea tape or DVD or CD) $2.00
58 Credit Verification Report $0.00
59 Trip charge to deliver a 48-hour disconnect notice or notice of non-compliance $10.00
60 Trip charge to disconnect power for non-payment or non-compliance of a payment agreement or District service
agreement
$40.00
61 Trip charge to deliver a Notice to Comely $10.00
62 Returned item sfieslF charge(non-sufficient funds or closed account)
$25.00
63 Minimum monthly late payment fee on account balance greater than$50;fee only applies to balances greater
than$50; 1.50%or$10 minimum $10.00
Varies;
64 Annual interest rate on consumer deposits(based on avg of 4 local banks;see Title 5,5.024.010.76& on avg of 4
5.024.020.6) — local bs
165 Repair or Replacement of any District Facilities Actual Cost
66 1 Excavation or snow removal Actual Cost
11
The net balance of moneys owed to the District shall be paid in accordance with the
normal billing cycle. If the customer-generator is a net producer over a normal billing
cycle, any excess kilowatt-hours generated during the billing cycle shall be carried over
to the following billing period as kilowatt-hour credits according to the procedures set
forth in this section, and appear as a credit on the customer-generator's account. This
credit may be utilized in the following billing cycle if the customer is a net consumer
during that cycle. If the customer is a net generator at the end of each 12-month period,
then (3) shall apply.
3. At the end of each 12-month period, where the electricity generated by the customer-
generator during that 12-month period exceeds the electricity supplied during that same
period, the customer-generator is a net electricity producer and the District shall retain any
excess kilowatt-hours generated during the prior 12-month period. The customer-generator
shall be compensated by the District for the excess kilowatt-hours generated at its annual
average non-firm energy price the District pays during the prior 12-month period.
4. If a customer-generator terminates the customer relationship with the District, the District
shall reconcile the customer-generator's consumption and production of electricity during
any part of a 12-month period following the last reconciliation and shall apply only the
months since the most recent 12-month reconciliation.
bhc 6/21/02
Ord. 2000-01; effective 8/19/00
replaced Ord.9602
Ord 2008-06
Ord 2009-05, 12/2/09
13
Water Rates
Residential Water Rates- as of Jan. 2010 & 2011 (Ord 2009-04)
Section 1. Effective with bills issued on or after January 15, 2010, the following monthly water
rates shall be effective.
Metered Residential Water Rates - The domestic water rates for single family properties,
individual condominium units and townhouse units equipped with a meter shall consist of three
components, a base charge, a commodity charge and a pump zone charge.
The base charge shall be:
Meter Size Monthly Base Charge
5/8"x 3/4" $53.15
3/4" $53.15
ill $63.40
The commodity charge shall be:
Monthly Usage Commodity Charge
0 to 8,000 gallons $0.55/ 1,000 gallons
Over 8,000 gallons $0.69/ 1,000 gallons
The pump zone charge shall be:
Pump Zone Pump Zone Charge
Pump Zone 1 $0.00/ 1,000 gallons
Pump Zone 2 $0.25/ 1,000 gallons
Pump Zone 3 $0.50/1,000 gallons
Pump Zone 4 $0.75/1,000 gallons
Pump Zone 5 $1.00/ 1,000 gallons
Pump Zone 6 $1.25/ 1,000 gallons
Pump Zone 7 $1.50/ 1,000 gallons
Un-metered Residential Water Rates - The domestic water rates for single family properties,
individual condominium units and townhouse units not equipped with a meter shall be:
Pump Zone Monthly Charge
Pump Zone 1 $58.96
Pump Zone 2 $61.47
Pump Zone 3 $63.98
Pump Zone 4 $66.49
Pump Zone 5 $69.00
Pump Zone 6 $71.51
Pump Zone 7 $74.02
Commercial Water Rates — The commercial water rates for all other multiple dwelling units,
trailer parks, public use, dedicated irrigation and commercial establishments shall consist of
three components, a base charge, a commodity charge and a pump zone charge.
The base charge shall be:
Meter Size Monthly Base
Charge
5/8"x 3/4" $53.15
3/4" $53.15
ill $63.40
1.5" $89.13
2" $122.52
3" $205.09
4" $293.47
6" $440.20
8" $550.25
15
Pump Zone 3 $65.30
Pump Zone 4 $67.81
Pump Zone 5 $70.32
Pump Zone 6 $72.83
Pump Zone 7 $75.34
Commercial Water Rates - The commercial water rates for all other multiple dwelling units,
trailer parks, public use, dedicated irrigation and commercial establishments shall consist of
three components, a base charge, a commodity charge and a pump zone charge.
The base charge shall be:
Meter Size Monthly Base Charge
5/8"x 3/4" $53.95
3/4" $53.95
lit $64.35
1.5" $90.46
2" $124.35
3" $208.17
4" $297.86
6" $446.79
8" $558.49
The commodity charge shall be $1.48/1,000 gallons
The pump zone charge shall be
Pump Zone Pump Zone Charge
Pump Zone 1 $0.00/ 1,000 gallons
Pump Zone 2 $0.25/ 1,000 gallons
Pump Zone 3 $0.50/ 1,000 gallons
Pump Zone 4 $0.75/ 1,000 gallons
Pump Zone 5 $1.00/1,000 gallons
Pump Zone 6 $1.25/ 1,000 gallons
Pump Zone 7 $1.50/ 1,000 gallons
Small Residential Unit Rate - The domestic water rates for single family homes, individual
condominium units and townhouse units under 300 square feet with no provisions for
washer/dryer, dishwasher or outside hose bib, no improved landscaping needing water other
than that provided by nature, no leaking plumbing fixtures as determined by District staff shall
be:
Pump Zone Monthly Charge
Pump Zone 1 $46.28
Pump Zone 2 $48.79
Pump Zone 3 $51.30
Pump Zone 4 $53.81
Pump Zone 5 $56.32
Pump Zone 6 $58.83
Pump Zone 7 $61.34
Section 3. Placement of a given customer account into a pump zone for billing purposes shall be
based upon that customer's relationship to the 6170 Pressure Zone. The 6170 Pressure Zone is
deemed to be Pump Zone 1 and all customers located within that pressure zone and other areas
where water can be supplied from 6170 Pressure Zone solely without pumping shall also be
considered part of Pump Zone 1.
For all other areas, a given customer shall be re-classified to the next highest pump zone for each
time the water must be pumped from the 6170 Pressure Zone to supply that customer.
Section 4. It is the District's goal that all customers are equipped with a water meter and billed
volumetrically based upon their usage. It is the District's intent to install water meters on all
customers' water services and to abolish un-metered water rates by January 1, 2013. However,
17
circumstances may exist whereby a customer refuses to undertake the necessary actions or
improvements to allow that customer to be billed on a volumetric basis.
In those cases,the customer shall be subject to a"non-conforming bulk rate"and shall be charged a
monthly bill for service based on the base charge, commodity charge and pump zone charge
corresponding to that customer's location and class(residential or commercial). For determining the
commodity charge and pump zone charge the customer shall be charged a volume equal to the 901h
percentile of usage for all customers with the same customer class and meter size. This
determination of the 90th percentile shall occur annually in January and shall be based upon the
metered usage data for the prior calendar year.
Section 5. AB 2572 allows for a transition period to allow customers that are converting from
nonvolume-based billing to volume-based billing to understand the impact upon their bill for service.
The District hereby implements this transition period for all existing residential customers with
services that are equipped with a meter as of January 1, 2010 and shall charge these customers the
appropriate un-metered residential water rate through January 14, 2011. Customers granted this
one-year transition period shall not be able to voluntarily transition to a metered rate during this
period.
Existing residential customers with services that are not equipped with a meter as of January 1,
2010, where a new meter is installed on that service during calendar 2010 shall be granted the
remainder of calendar year 2010 and all of 2011 as the transition period.
All new construction, account connects or transfers for residential properties equipped with a meter,
including customers that purchase, auto-transfer or lease an existing property that would otherwise
be subject to the one-year transition period shall be charged based upon the metered rate for
service.
bhc
Ord.2002-07;2002-02;2003-06;2004-01;2005-02;2006-06,2009-04
18
The commodity charge shall be $1.45/1,000 gallons
The pump zone charge shall be
Pump Zone Pump Zone Charge
Pump Zone 1 $0.00/1,000 gallons
Pump Zone 2 $0.25/ 1,000 gallons
Pump Zone 3 $0.50/ 1,000 gallons
Pump Zone 4 $0.75/ 1,000 gallons
Pump Zone 5 $1.00/ 1,000 gallons
Pump Zone 6 $1.25/1,000 gallons
Pump Zone 7 $1.50/ 1,000 gallons
Small Residential Unit Rate — The domestic water rates for single family homes, individual
condominium units and townhouse units under 300 square feet with no provisions for
washer/dryer, dishwasher or outside hose bib, no improved landscaping needing water other
than that provided by nature, no leaking plumbing fixtures as determined by District staff shall
be:
Pump Zone Monthly Charge
Pump Zone 1 $44.96
Pump Zone 2 $47.47
Pump Zone 3 $49.98
Pump Zone 4 $52.49
Pump Zone 5 $55.00
Pump Zone 6 $57.51
Pump Zone 7 $60.02
Section 2. Effective with bills issued on or after January 15, 2011 following monthly water rates
shall be effective.
Metered Residential Water Rates - The domestic water rates for single family properties,
individual condominium units and townhouse units equipped with a meter shall consist of three
components, a base charge, a commodity charge and a pump zone charge.
The base charge shall be:
Meter Size Monthly Base Charge
5/8"x 3/4" $53.95
3/4" $53.95
lip $64.35
The commodity charge shall be:
Monthly Usage Commodity Charge
0 to 8,000 gallons $0.60/1,000 gallons
Over 8,000 gallons $0.75/ 1,000 gallons
The pump zone charge shall be:
Pump Zone Pump Zone Charge
Pump Zone 1 $0.00/ 1,000 gallons
Pump Zone 2 $0.25/ 1,000 gallons
Pump Zone 3 $0.50/1,000 gallons
Pump Zone 4 $0.75/ 1,000 gallons
Pump Zone 5 $1.00/1,000 gallons
Pump Zone 6 $1.25/ 1,000 gallons
Pump Zone 7 $1.50/ 1,000 gallons
Un-metered Residential Water Rates-The domestic water rates for single family properties,
individual condominium units and townhouse units not equipped with a meter shall be:
Pump Zone Monthly Charge
Pump Zone 1 $60.28
Pump Zone 2 $62.79
16
WATER CONNECTION AND FACILITIES FEES
Applicability
The charges hereunder are applicable to all applicants for service at locations not previously served
by the District.
Availability
Service hereunder is available throughout the District's service area.
Rate
The initial charge for service to applicants under the District's water tariff shall consist of a
connection fee and, if applicable, a tapping and facilities fee as follows.
WATER CONNECTION AND FACILITIES FEE SCHEDULE
SIZE OF SERVICE PIPE CONNECTION FEE FACILITIES FEE-
Commercial
5/8"X 3/4" $1,185 $3,358
14 $1,220 5,037
1 1/2" Actual cost 8,395
211 Actual cost 16,790
311 Actual cost 26,864
411 Actual cost 50,370
611 Actual cost 83,950
Actual cost 167,900
Tap and/or road crossing
If a tap and/or road crossing is necessary, the charge will be the actual cost.
Residential Facilities Fee—Water facilities fees shall be calculated and charted according to an
amount per square foot of living space for the area to be constructed. The facilities fees shall be
$1.64 times the square feet of living space as determined by the Building Permit.
smc 7/23/97
Ord 9204; Ord 9701;Ord 0101; Ord 0401; Ord.0503;Ord.0504(FF); Ord.0602; Ord 08-01 (CNNCT)
cMocument\code-ap
14
SCHEDULE D-NM
DOMESTIC - NET METERING
APPLICABILITY
Applicable to residential or commercial customers eligible for service where a part or all of the
electrical requirements of the customer can be supplied from a solar or wind power production
source owned and operated by the customer,where such source is connected for parallel operation
with the service of the District and where such source is located on the customer's premises and is
intended to offset part or all of the customers electrical requirements.
This schedule provides rates, terms and conditions for the sale of energy by the District. Prices,
terms and conditions for the purchase of net energy transmitted by the customer to the District are
included herein for reference only. Such prices, terms and conditions and the terms of inter-
connection and parallel operation are outlined in the generation agreement required for service
under this tariff. The purpose of this tariff is to facilitate terms of service to customers with solar or
wind power production systems of not more than one megawatt.
Applicability of this tariff does not extend to customers whose solar or wind power production source
exceeds 1000 kilowatts or one megawatt.
TERRITORY
The entire area served by the Truckee Donner Public Utility District electric system.
RATES
Customer charge Same as applicable residential or commercial customer charge.
Energy charge On the residential or commercial energy rate applicable to that customer.
Net energy credit All kilowatt-hours, per kilowatt-hour—the net energy credit will be computed
at a rate for payment equal to the monthly average non-firm energy price the
District pays during the applicable billing month.
SPECIAL CONDITIONS
(a) Generation agreement: A generation agreement with the customer is required for service
under the schedule.
For eligible residential and small commercial customer-generators, the net energy metering
calculation shall be made by measuring the difference between the electricity supplied to the eligible
customer-generator and the electricity generated by the eligible customer-generator and fed back to
the electric grid over a 12-month period. The following rules shall apply to the annualized net
metering calculation:
1. The eligible customer-generator account shall, at the end of the 12-month period following
the date of final interconnection of the customer-generator's system with the District,and at
each anniversary month thereafter, be evaluated and reconciled for electricity used or
generated during that period. The District will determine if the customer-generator was a net
consumer or a net producer of electricity during that period.
A. This evaluation and reconciliation for electricity used or generated may be
standardized by the District for the 12 month billing period ending with the March
billing, rather than using each customer's respective anniversary month.
2. At the end of each 12-month period,where the electricity supplied during the period by the
District exceeds the electricity generated by the customer-generator during that same period,
the customer-generator is a net electricity consumer and the District shall be owed
compensation for the customer-generator's net kilowatt-hour consumption over that same
period. The compensation owed for the customer-generator's shall be calculated as follows:
12
MISCELLANEOUS FEES SCREDULE-Page 1 of 2
s
ELECTRIC Fees
1 Relocation of underground services with no benefit to the District Actual Cost
2 Temporary removal of electrical facilities for customers sole convenience(except for service removal and
replacement to remove trees) Actual Cost
3 Relocation of security lights Actual Cost
4 Service reconnect or disconnect at the pole Actual Cost
5 Service disconnect or reconnect during normal working hours for the customer to repair their own facilities $0.00
6 Service disconnect or reconnect after normal working hours for the customer to repair their own facilities $365.00
7 Remove or reinstall service drops for removal of trees during normal business hours $0.00
8 Remove or reinstall service drops for removal of trees after normal business hours Actual Cost
9 New account setup,-Mmeter reconnection or disconnection of three phase with a locking main or single phase to
establish and close an account during office hours;also includes transfers for both single phase and all three
phase $60.00
10 Meter reconnection,disconnection,or transfer to establish and close an account after hours double-time rate $365.00
11 Meter reconnection or disconnection to establish and close an account during office hours-polyphase(without a
locking main) $90.00
12 Establishing and closing an account as of the last reading date $30.00
13 Automatic transfer of an account back to an owner $0.00
14 Resealing meter;ring seal first occurrence-single phase $0.00
15 Resealing meter;ring seal first occurrence-polyphase $0.00
16 Resealing meter;ring seal second occurrence-single phase $70.00
17 Resealing meter;ring seal second occurrence-polyphase $100.00
18 Resealing meter;both the ring seal and the inner seal are cut or missing-single phase(all occurrences) $75.00
19 Resealing meter;both the ring seal and the inner seal are cut or missing-polyphase(all occurrences) $105.00
20 Repairing or replacing a broken meter-standard single phase $160.00
21 Repairing or replacing a broken meter-standard polyphase $685.00
22 Resealing meter;UO seal $35.00
23 Testing of single phase meter at customer request and the meter has been tested within three years(cost is
refunded if the meter is more than 2%fast) $65.00
24 Testing and recalibration of single phase meter in the event meter tampering has been determined 65.00
25 Testing of polyphase meter at customer request and the meter has been tested within three years(cost is
refunded if meter is more than 2%fast) $125.00
26 Testing and recalibration of polyphase meter in the event meter tampering has been determined 125.00
27 1 Performing a special reading $35.00
28 Monthly Security/Street Light Service-100w $15.00
29 Monthly Security/Street Light Service-200w $20.00
30 Monthly Security/Street Light Service-400w $30.00
31 Callout after normal business hours $365.00
32 Minimum deposit for new construction or for those accounts where no billing history has been established $215.00
WATER
33 Water meter test(refunded if results are 2%fast or more)
34 1 1/2 inch or smaller $150.00
35 Larger than 1 1/2 inch $200.00
36 Relocation of water services Actual Cost
37 'Physical disconnection or reconnection of water service during normal business hours for the customer to repair
their own facilities (provided water box is accessable) $0.00
38 Callout after normal business hours(including frozen pipes) $300.00
39 !Trench backfilled before District installs facilities Actual Cost
40 Meter reconnection,disconnection,or transfer for establishing and closing a water only account-unmetered $15.00
41 Meter reconnection,disconnection,or transfer for establishing and closing a water only account-metered $35.00
42 Performing a special reading $35.00
43 Minimum deposit for new construction or for those accounts where no billing history has been established j 135.00.
i
10
277/480 1000 $12,978 $22,479
277/480 1200 $15,574 $26,975
277/480 1400 $18,169 $31,470
277/480 1600 $201765 $35,966
277/480 2000 $25,956 $44,956
2. Modification to Existing Commercial Service: A customer desiring to modify an existing
commercial service due to any change of voltage, panel size, and/or phasing, the customer
will pay the difference in facility fees, at the current fee schedule, between the proposed
panel and the facility fee that was paid at the time the existing panel was installed.
3. For panel sizes not listed in the previous sections, the facility fee will be calculated by
interpolating between or extrapolating from the listed values as appropriate.
(Ord 2003-07,2008-03)
ELECTRIC RETAIL RATES & SOLAR INITIATIVE CUSTOMER CHARGE
Effective January 1, 2009, the following monthly electric rates shall be effective.
Domestic Electric Rates: Permanent Residents
Rate P 10
.Customer Charge: per month $6.76
Energy Charge per kilowatt-hour $0.132
Domestic Electric Rates: Non-Permanent Residents
Rate S 10
Customer Charge: per month $6.76
Energy Charge per kilowatt-hour $0.151
Small Commercial Rates
Rate 15
Customer Charge: per month $13.10
Energy Charge per kilowatt-hour $0.159
Medium Commercial Rates
Rate 20
Customer Charge: per month $130.81
Energy Charge per kilowatt-hour $0.094
Demand Charge per kilowatt of demand $12.86
Large Commercial Rates
Rate 25
Customer Charge: per month $573.78
Energy Charge per kilowatt-hour $0.097
Demand Charge per kilowatt of demand 12.29
Effective January 1,2008,the following monthly solar initiative customer charge shall be effective.
Domestic(both permanent and non- permanent) $0.60
Small Commercial $5.00
Medium Commercial $10.00
Large Commercial $15.00
(Ord 2007-03)
8
ELCTRIC CONNECTION AND FACILITIES FEES
Size and Type of Service Connection Fee
A. Single phase, 120/240 service—200 amp
Three-wire overhead
1) Temporary Actual cost
2) Permanent connection to structure $1,248
3) Temporary connection to customer-owned power pole and $1,534
subsequent transfer to structure
B. Single phase, 120/240 service—200 amp
Three-wire underground (overhead transformer)
1) Permanent connection to structure $1,248
2) Temporary connection to customer-owned power pole; $1,534
removal of same and installation of underground
permanent service to structure
C. Single phase, 120/240 service—200 amp
Three-wire underground (padmount transformer)
1) Permanent connection to structure $1,248
2) Temporary connection to customer-owned power pole; $1,534
.removal of same and installation of underground
permanent service to structure
D. Single phase, 120/240 service—400 amp
Three-wire underground or overhead
1) Permanent connection to structure $2,364
2) Temporary connection to customer-owned power pole; $2,649
removal of same and installation of underground permanent
service to structure
E. Three phase, 208v, 240v or 480v service
Four-wire overhead
1) Permanent connection to structure Actual Cost
2) Temporary single phase 120/240 service for construction Actual Cost
purposes to become three-phase permanent service to
structure
Overhead to Underground upgrade or relocate, up to 200 amp panel $1,248
Overhead relocate $371
400 amp upgrade $1,854
Temporary overhead service $773
Overhead to Underground upgrade or relocate, up to 200 amp panel, $1,534
with TPP (Temp to Permanent Installation)
(Ord 2006-01, 2008-02)
6
Code Sections orders,etc. unless they pertain to a project
60200-60203 which includes a guarantee grant.
In that event they should be kept for
the life of the guarantee or grant
plus seven years.
As long as the facility is in
As-built plans for any public facility or works. existence.
PROPERTY RECORDS
7. Government Retain until the property is
Code Section Property records such as documents of title. transferred or otherwise no
60200-60203 longer owned by the District.
CONTRACTS
8. Government
Code Section Contracts Contract life plus seven(7)years.
60200-60203
Note#1 Any District record may be, upon authorization, destroyed at any time provided said record qualifies for
destruction under Government Code Section 60203 with its various conditions. Authorization is defined as
approval from an appropriate Executive Officer who has received authorization from the District Board of
Directors.
Note#2 Payroll records must qualify for destruction under Government Code Section 60203 with its various conditions.
Note#3 If said records are microfilmed as provided for in Government code Section 60203.
Note#4 If said rolls are microfilmed as provided for in Government Code Section 60203 and if all the necessary data
needed from the secured delinquencies has been transferred to delinquency abstractwhich should be retained
indefinitely.
Note#5 Minutes of the meetings of the Board of Directors may be destroyed if they are microfilmed as provided for in
Government Code Section 60203.
smc 8/29/95
document\code-ap
4
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
RECORD RETENTION SCHEDULE
The District must comply with the following California and Federal laws which contain various
record-keeping requirement: California Government Code Sections 60200-60203; Fair Labors
Standard Act; Federal Unemployment Tax Act; Federal Insurance Contributions Act; Employee
Retirement Security Act of 1974(ERSA); Civil Rights Act of 1964(TITLE VI I);Age Discrimination in
Employment Act; Occupational Safety&Health Act of California 1973; California Fair Employment
Practice Act; California Labor Code Sections 1174, 1197.5, 1299, 1300, 2665; California
Unemployment Insurance Code;California Equal Pay Act;Williams Steiger Occupational and Safety
Act of 1970 (the District is required to comply with this Act; however, the District is also required to
comply with the Occupational Safety and Health Act of California 1973,which is the Act enforced in
California).
When the type of record discussed in the numerous laws and regulations is duplicated, the law
requiring the longest retention period has been cited.
LAW RECORDS WHICH MUST BE PRESERVED BY THE DISTRICT TIME TO BE MAINTAINED
ACCOUNTING RECORDS
1. Government All accounting records except for the following: Indefinitely.See Note#1.
Code Section
60200-60203 {1) Any accounting record except for Journals and Ledgers
which were prepared or received in any manner other Five(5)years.
than pursuant to State Stature, provided that:
(a) There is no continuing need for said record, i.e.
long-term transactions,special projects, pending
litigation etc.,and
(b) There exists in a permanent file an audit report
covering the inclusive period of said record, and
(c) Said audit report was prepared pursuant to
procedures outlined in Government Code Section
26909, and
(d) Said audit contains the expression of an
unqualified opinion.
Any accounting record created for a specific event of action. Five(5)years after said event has
in all respects terminated.
Any source document detailed in a register,journal, ledger or
statement. Five(5)years from the end of the
fiscal periods in which it applies
Duplicates, rough drafts, notes or working papers(except audit)
cards, listings,non-permanent indices,other papers used for May be destroyed at any time.
controlling work, or transitory files.
PAYROLL AND PERSONNEL RECORDS
2. Government Accident reports, injury claims and settlements,applications,changes Fifty(50)years.
Code and terminations of employees, injury frequency charts, insurance
Section 60200 records of employees, earnings records and summaries, medical
-60203 histories,retirements.
Fidelity bonds,garnishments,job descriptions, rating forms and cards, Five(5)years after termination.
2