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HomeMy WebLinkAboutOrdinance - 2561 - Amend Title 14 ORDINANCE NO. 2561 AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 14 (UTILITIES), CHAPTER 14.22 (ELECTRIC UTILITY) BY AMENDING SECTION 14.22.160 (SEPARATE SERVICE FOR EACH PREMISES) RELATING TO THE REGULATION OF RESALE OF ELECTRICITY FOR THE PURPOSE OF CHARGING PLUG-IN ELECTRIC AND PLUG- IN HYBRID ELECTRIC VEHICLES THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. Title 14 (Utilities), Chapter 14.22 (Electric Utility), Section 14.22.160 is amended to read as follows: 14.22.160—Separate service for each premises and resale of electricity. A. The City shall not supply electric service through the same meter to separate premises even if the premises are owned by the same customer. Notwithstanding the preceding, the City may, in its sole discretion, permit in writing such shared service upon a showing of good cause. B. An electric customer of the City shall not furnish or use electricity received from the City upon premises for purposes other than those specified in an approved application for service. C. An electric customer of the City shall not furnish or resell electricity received from the City to any person except where all of the following are met: 1. The customer is the owner or master lessee of the whole of a single building or structure containing more than one residential, commercial or professional unit; 2. The customer applies to the City in writing for consent to assume and pay the total electric utility charges for the total building or structure; and 3. Any charge to the individual tenants or subleases is included in the rental for the premises or space occupied as a fixed or unvarying charge, and, except in mobile home parks, rates may not exceed the rates the individual tenant, sublessee, or customer would pay if he were on direct City service. Q D. As an alternative to the provisions of subsection (C), an electric customer may furnish or SJ resell electricity received from the City to any person when the electric customer is the owner, operator or manager of a facility that supplies electricity to the public only for the use of charging plug-in electric and plug-in hybrid electric vehicles. E. In addition to all other remedies provided by law for violation of the provisions of this section, the City may discontinue service to the electric customer and charge a fee for reconnection of service following correction and elimination of the violation. Page 1 Section 2. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any person or circumstance. The City Council of the City of Redding hereby declares that it would have adopted each section, subsection subdivision paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections subdivisions paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 3. The City of Redding finds that this Ordinance is not a "project" according to the definition set forth in the California Environmental Quality Act ("CEQA"), and, pursuant to CEQA Guidelines sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment), the adoption of this ordinance is therefore not subject to the provisions requiring environmental review. Section 4. This ordinance shall take effect thirty (30) days after the date of its adoption, and the City Clerk shall certify to the adoption thereof and cause its publication according to law. I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council at a regular meeting on the 20th day of December, 2016; and was duly read and adopted at a regular meeting on the 17th day of January, 2017, by the following vote: AYES: COUNCIL MEMBERS: McElvain, Schreder, Sullivan,Winter, & Weaver NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None BRENT WEAVER, Mayor ATTEST: APPROVED AS TO FORM: PAMELA MIZE, City 11rk BARRY E. DeWAL , ity Attorney Page 2