Burbank Municipal Code Art. 2 Electrical Rates and Services

As used in this article, unless the context otherwise clearly indicates:

BILLING DEMAND: The load or demand used for computing charges under rate schedules based on the size of the customer’s load or demand. For the purpose of this article, “billing demand” may be the connected load, the measured maximum demand or a modification of either as provided for in the Utility Rate Resolution.

CONNECTED LOAD: The sum of the rated capacities of all of the customer’s equipment that can be connected to the department’s lines at any one time as more completely described in the Utility Rate Resolution.

CONSUMER OR CUSTOMER: The person in whose name service is rendered as evidenced by the signature on the application, contract, or agreement for such service, or, in the absence of a signed instrument, by the receipt and payment of bills regularly issued in the name of such person regardless of the identity of the actual user of the service.

DEPARTMENT: The Burbank Water and Power Department.

DISABLED PERSON: An individual who has a permanent “physical disability”, as that term is used and defined in Section 12926 of the California Government Code; provided that it shall also include any person who requires the use of an essential life support device that operates on household current even if the person does not have a “physical disability” within the meaning of Section 12926 of the California Government Code.

GENERAL MANAGER: The General Manager of the department, or their designee.

PREMISES: All of the real property and apparatus employed in a single enterprise on an integral, undivided parcel of land, except that land occupied by an industrial, agricultural, public, or quasi-public institution, or by an oil field or resort enterprise may be divided by a dedicated street, highway, or other public thoroughfare, or a railway. Automobile parking lots constituting a part of and adjacent to a single enterprise may be separated by an alley from the remainder of the premises served provided the customer’s wiring across the alley is underground, and copies of all permits for the alley crossing, as required by public authorities, are filed with the department.

PRIMARY DISTRIBUTION SERVICE: Service supplied at one level of transformation below thirty four thousand five hundred (34,500) volts.

SECONDARY DISTRIBUTION SERVICE: Service supplied at two (2) or more levels of transformation below thirty four thousand five hundred (34,500) volts.

UTILITY RATE RESOLUTION: The Burbank Fee Resolution in those years when the City Council establishes the rates for electric service in the Burbank Fee Resolution. [Added by Ord. No. 2953. Amended by Ord. No. 3678, eff. 10/8/05; 3058.]

All fees, penalties, refunds, reimbursements, and charges of any kind collected by the City pursuant to the provisions of this article shall be specified in the Utility Rate Resolution, as amended by the Council from time to time. Whenever applicable throughout this article, reference shall be made to the Utility Rate Resolution in lieu of any reference to specific fee amounts. [Added by Ord. No. 2953. Amended by Ord. No. 3058, eff. 2/21/87.]

The General Manager may prescribe, from time to time as they deem necessary or desirable, rules and regulations, not in conflict with this article, relating to conditions of service and application, administration, and interpretation of rates in the Utility Rate Resolution and the provisions set forth in this article. Upon any failure to comply with the rules and regulations of the General Manager, or to pay rates or to pay any fee, charge, or penalty prescribed by this article or as may be provided in the Utility Rate Resolution, electric service may be turned off until the rules and regulations have been complied with and all appropriate fees, charges, or penalties have been paid. [Added by Ord. No. 2953. Amended by Ord. No. 3058, eff. 2/21/87.]

The General Manager may establish and enforce reasonable charges for furnishing and supplying electrical energy and service to any installation of a character not adequately provided for in this article, provided that such charges shall not exceed the full cost as determined by the Department for providing such energy and service. [Added by Ord. No. 2953; formerly numbered Section 30-23; renumbered by Ord. No. 3058, eff. 2/21/87.]

A. For the purpose of computing charges, each meter upon the customer’s premises will be considered separately, and readings of two (2) or more meters will not be combined as equivalent to measurement through one meter except where:

(1) Combinations of meter readings are specifically provided for in the Utility Rate Resolution; or

(2) The maintenance of adequate service or where the department’s operating convenience shall require the installation of more than one meter upon the customer’s premises. [Added by Ord. No. 2953; formerly numbered Section 30-24; renumbered by Ord. No. 3058, eff. 2/21/87.]

A. General: The rates to be charged and collected by the General Manager for furnishing and supplying electrical energy and service for residential lighting and household purposes to consumers within the City and the terms and conditions respecting such rates shall be as set forth in the Utility Rate Resolution.

B. Lifeline Service: Any residential customer: 1) who resides in a household with a gross annual income less than the amount established by the Council in the Burbank Fee Resolution, and 2) who is: a) sixty two (62) years of age or older, b) a “disabled person” (as defined in Section 8-2-201 of this article), or c) the head of the household in which a disabled person resides, shall be eligible for the lifeline service rate set forth in the Utility Rate Resolution.

C. Adjustment of Household Income Levels:

(1) An annual adjustment of the income levels mentioned in subsection B of this section shall be made by replacing, if different, the income level figures appearing in the Burbank Fee Resolution with the most recent figures for “very low family income” households published by the U.S. Department of Housing and Urban Development (“HUD”) in its “Income Limits For Public Housing And Section 8 Programs” for the Los Angeles-Long Beach (Los Angeles County) area (hereinafter “HUD guidelines”). Should the title of the HUD guidelines change or vary from the foregoing, the document published by HUD most closely approximating the intent and purpose of the HUD guidelines shall be utilized.

(2) Nothing in this section shall prevent the Burbank City Council from setting income levels greater or less than indicated in the HUD guidelines.

D. Application: Application for lifeline service shall be filed with the General Manager on such forms as they may provide.

E. Time to File: Applications may be filed at any time.

F. Contents of Application: Applications shall be verified by declaration under penalty of perjury and shall contain such information as may be required by the General Manager. An application must be accompanied by the federal income tax return of the applicant and each adult household member for the most recent year. However, if no federal income tax return was filed in the previous year, the applicant shall provide such other documentation reasonably requested by the General Manager to verify the income of the applicant and each adult household member. An application by a disabled person or the head of a household in which a disabled person resides shall be accompanied by a signed statement from a physician or other medical service provider establishing that the disabled person has a qualifying physical disability or requires an essential life support device, as the case may be. An application will not be considered complete and will not be processed without a copy of the tax returns and/or other documentation required by this subsection.

G. Review and Certification: The General Manager shall review each application and shall certify the applicant as eligible for lifeline service if the requirements of subsection B of this section are met.

H. Duration of Eligibility: Eligibility certified by the General Manager shall continue so long as the facts or circumstances supporting it shall exist; provided, however, that eligibility shall automatically terminate with any change in the service address or residence of the eligible individual, or assignment of a different account number by the department because of discontinuance or suspension of service at the request of the service user, and provided further, that such individual may nevertheless apply for a new eligibility determination with each change of address or residence. The General Manager shall have the right to request a copy of the tax returns and other evidence of the income of the applicant and each adult household member at any time. Eligibility shall terminate if this information shows that the lifeline service recipient no longer qualifies for the lifeline service rate or if the lifeline service recipient refuses or fails to provide the General Manager with the requested documents or information.

I. Duty to Disclose Disqualification: Any service user who has been certified as eligible for the lifeline service rate under this section shall notify the General Manager within ten (10) days of any change in fact or circumstance which might disqualify said individual from receiving such exemption.

J. Penalty for Violation: It shall be a misdemeanor for any person to knowingly apply for or receive the lifeline service rate provided for in this section when their eligibility for the lifeline service rate does not exist or ceases to exist. [Added by Ord. No. 2953. Amended by Ord. No. 3678, eff. 10/8/05; 3058.]

The rates to be charged and collected by the General Manager for furnishing and supplying electrical energy and service for general (commercial) lighting and/or power purposes to consumers within the City, and the terms and conditions respecting such rates, shall be as set forth in the Utility Rate Resolution. [Added by Ord. No. 2953; formerly numbered Section 30-26; renumbered by Ord. No. 3058, eff. 2/21/87.]

The rates to be charged and collected by the General Manager for furnishing and supplying electrical energy and service for combined (industrial) light and power purposes to customers within the City, and the terms and conditions respecting such rates, shall be as set forth in the Utility Rate Resolution. [Added by Ord. No. 2953; formerly numbered Section 30-27; renumbered by Ord. No. 3058, eff. 2/21/87.]

The rate to be charged and collected by the General Manager for furnishing and supplying electrical energy and service for ornamental or customer owned (capitalized) street lighting, department owned or overhead (expensed) street lighting, and traffic signal and freeway lighting purposes, to consumers within the City, and the terms and conditions respecting such rates, shall be as set forth in the Utility Rate Resolution. [Added by Ord. No. 2953; formerly numbered Section 30-28; renumbered by Ord. No. 3058, eff. 2/21/87.]

[Repealed by Ord. No. 3528, eff. 10/12/99; Added by Ord. No. 2953; formerly numbered Section 30-29; amended by Ord. No. 3210; 3058.]

The energy resources surcharge imposed by the State and required to be billed and collected from customers of the Department shall be separately stated and added to each billing, unless exempt. [Added by Ord. No. 2953; formerly numbered Section 30-30; renumbered by Ord. No. 3058, eff. 2/21/87.]

A. Amount: The General Manager, pursuant to the provisions of Section 8-2-203 of this article, shall require any applicant for electric service to furnish a cash deposit in the probable amount of two (2) months’ charges for the electricity to be supplied by such service as estimated by the General Manager, or in such amounts as may be specified in the Utility Rate Resolution.

B. Deductions: If any bill for electricity sold, furnished or supplied to such customer shall not be paid on or before fifteen (15) days after the same is due as provided in this article, the amount of such bill may be deducted from the deposit made by such customer. Upon the discontinuation of any service, any balance of such deposit then remaining after all bills for electrical service have been paid, shall be returned to the person by whom such deposit was made. On the failure of any customer to comply with the terms of this article regarding the payment of bills and where the deposit has been refunded, the General Manager may require the customer to reestablish their credit in the manner specified in this section for original service.

C. Delinquency: Where service has been disconnected for nonpayment of bills, it shall not be reconnected or renewed for or furnished to the same customer except upon payment of the entire amount of the bill for electricity previously furnished to the installation. The account of any customer whose service is subject to disconnection for nonpayment of charges or other noncompliance with the provisions of this article or rules and regulations adopted pursuant thereto shall be charged an amount as specified in the Utility Rate Resolution to cover all costs necessary to disconnect the service. In the event the customer turns on the electric service or suffers or causes it to be turned on after it has been turned off for any reason, the General Manager may again turn off the electric service, remove the meter, and may charge an amount specified in the Utility Rate Resolution in addition to other amounts due from the customer before electric service is restored. [Added by Ord. No. 2953; formerly numbered Section 30-31; renumbered by Ord. No. 3058, eff. 2/21/87.]

A. Time and Manner Of Paying Bills: Bills, except as may otherwise be provided for in the Utility Rate Resolution, are due and payable on presentation and become delinquent fifteen (15) days after presentation. After a bill is delinquent the General Manager may discontinue electric service and electric service may be turned off at any time without further notice.

B. Unpaid Bills: In the event any bill for electric service is not paid in accordance with the provisions of this article, the Utility Rate Resolution, or the rules and regulations of the General Manager, the amount of such unpaid bill may become a lien upon the property and be collected at the same time and in the same manner as all taxes on real property in the City.

C. Alterations: No alteration, addition, or disconnection in or about any electrical equipment or apparatus of the City electrical system shall be made without written permission granted by the General Manager.

D. Diversion: No owner, lessee, tenant, or other person in possession of or having charge and control of any premises connected to the City electrical system shall connect or maintain any electric consuming device to the line side of an electric meter installed on such premises; nor shall such person connect or maintain any connections or devices of any kind which would prevent the meter from registering the total amount of electricity consumed on the premises and supplied from the City’s electrical system. The existence of electric energy consuming devices installed ahead of the meter or any tampering or interfering with wires, devices, or equipment connected to the City’s electrical system or the damage to, alteration, or obstruction of any meter, including the breaking of meter seals, which will permit or make possible the use of electric energy without its proper registration on an electric meter shall constitute prima facie evidence of diversion of electric energy in violation of the provisions of this subsection by the customer in whose name service is being rendered or by the person benefitting from the use of such diverted energy. Prima facie evidence of diversion of electrical energy in violation of the provisions of this subsection shall also exist whenever a check meter registers more electrical energy in the same interval of time than does the meter installed at the customer’s premises.

E. Computation of Diverted Energy: Whenever the General Manager determines that energy has been diverted they will, in a reasonable manner, compute the amount of diverted electrical energy. The General Manager shall have the right to enter the customer’s premises and make an actual count of all electric energy consuming devices to aid in such computation. The computation shall be made for the period beginning with the date on which the customer began using electric energy at the location where diversion occurred, unless evidence proves the diversion commenced at a later date, and ending with the date on which such diversion ceased. Bills for electric energy diverted, plus the cost of investigating and confirming such diversion, shall be due and payable upon presentation.

F. Repairs and Replacements: Any repair to or replacement of City property necessitated by a violation of this article and the installation of any device necessary to prevent further violations of this article, shall be made at the expense of the customer, at the rate specified in the Utility Rate Resolutions.

G. Notice and Pretermination Hearing: Before electric service is turned off for failure to comply with the provisions of this article, the General Manager shall notify the customer that service is to be turned off. If the customer contests the violation, the General Manager shall give the customer a hearing on such notice as may be reasonable under the circumstances. The decision of the General Manager shall be final.

H. Enforcement: Enforcement of the provision of this article may be accomplished in any manner authorized by law. The procedures set forth in this section shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or state laws. [Added by Ord. No. 2953; formerly numbered Section 30-32; renumbered by Ord. No. 3058, eff. 2/21/87.]

A. Policy Statements: The utility must remain self-supporting from a financial standpoint and requires rates sufficient to maintain its financial health. Because costs can change suddenly and materially, periodic review of rates and charges is necessary. A periodic review will provide the City with the information needed to maintain adequate rates and charges.

B. Rate Review: The General Manager, either on their own initiative or at the direction of Council, may prepare a report on the utility’s rates and charges. This shall include:

(1) An assessment of the utility’s revenue requirements utilizing a generally accepted regulatory approach.

(2) Recommended modifications to existing rates or charges.

(3) Any other matter concerning the utility the Director or the Council deem appropriate.

C. Rate Report: The General Manager will present the report to the Public Service Board and the Council. The Council may then direct the General Manager to prepare revised rates and charges for inclusion in the Utility Rate Resolution. [Added by Ord. No. 2953; formerly numbered Section 30-33; renumbered by Ord. No. 3058, eff. 2/21/87.]