Banning Municipal Code Ch. 13.05 Banning Electric Utility

The city owns and operates an electric utility known as the Banning Electric Utility to provide electric power generation and electrical energy procurement, transmission and delivery of electrical energy, retail electrical energy distribution, metering, customer billing and energy efficiency services to its end-use customers.

(Ord. No. 1534, § 2, 10-23-18)

With the city council's concurrence, as provided by subsection (c) of section 2.08.070, the city manager is authorized to appoint the Banning Electric Utility director as the primary authorized representative for the Banning Electric Utility. The primary responsibility for enforcement of this chapter and the policies, rates, rules, and regulations adopted pursuant to this chapter shall be vested in the Banning Electric Utility director.

It will be the primary objective of the city in all decisions under these policies to make electrical energy services available to the end-use consumer at the lowest possible rates consistent with sound business principles and in conformance with state and federal law.

(Ord. No. 1534, § 2, 10-23-18; Ord. No. 1588, § 3, 4-25-23)

The city council may, by resolution, from time to time as it deems necessary for the administration or implementation of the intent of this chapter, review, revise, adopt and/or promulgate new or amended rules and regulations concerning the operation or administration of the Banning Electric Utility. A copy of the current rules and regulations adopted by the city council shall be kept open for inspection at the office of the Banning Electric Utility and shall also be posted online on the city's website.

(Ord. No. 1534, § 2, 10-23-18)

The city council may, by resolution, from time to time as it deems necessary for the administration or implementation of the intent of this chapter, review, revise, adopt and/or promulgate new or amended electric utility rate schedules and tariffs in accordance with applicable state law. A copy of the current schedule of rates and charges adopted by the city council shall be kept open for inspection at the office of the electric utility and shall also be posted online on the city's website.

(Ord. No. 1534, § 2, 10-23-18)

In the establishment of rates pursuant to this chapter, the city may provide different rates for various categories of use, quantities of power used, and types of service furnished, to the extent permitted by applicable state law.

Electric utility rates shall be sufficient to discharge and pay all the costs of operation and maintenance of the Banning Electric Utility and its electric utility system, including:

1. General administrative services;

2. Services rendered by other city departments in support of the Banning Electric Utility;

3. Additions and betterments to the electric utility system;

4. The amortization or depreciation of obsolete facilities within the electric utility system;

5. Any and all bonded indebtedness incurred in the construction or extension of the electrical utility system, including principal and interest thereof;

6. A reasonable reserve fund to provide for unforeseen contingencies; and

7. The acquisition of facilities in newly annexed areas.

Electrical utility rates shall not be charged in excess of the amounts necessary to account for the cost, expenses, appropriate reserves, and other expenses reasonably necessary to operate the electric utility.

The city council may authorize a transfer of certain revenues from the electric utility to the city's general fund for general revenue purposes, provided that city voters authorize such transfers in accordance with state law.

(Ord. No. 1534, § 2, 10-23-18)

By receiving and accepting electric utility services, customers of the electric utility shall be considered to have given express consent to, and be bound by, the provisions of this chapter, and the policies, procedures, rules and regulations, or rate schedules and tariffs adopted or amended from time to time.

It shall be unlawful for any person to violate the adopted provisions of this chapter, and such policies, procedures, rules and regulations, or rate schedules and tariffs.

(Ord. No. 1534, § 2, 10-23-18)