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NS-2436
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Last modified
1/3/2012 1:01:59 PM
Creation date
6/26/2003 10:08:09 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2436
Date
8/21/2000
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(6) charges, fees or surcharges for electricity services or programs, which are <br />mandated by the California Public Utilities Commission or the Federal Energy <br />Regulatory Commission, whether or not such charges, fees or surcharges <br />appear on a bundled or line item basis on the customer billing. <br /> <br />(c) As used in this section, the term "charges" shall also include the value of any <br />other services, credits, property of every kind or nature, or other consideration provided <br />by the service user in exchange for the electricity or services related to the provision of <br />such electricity. If a non-taxable service and a taxable service are billed together under <br />a single charge, the entire charge shall be deemed taxable unless the service supplier <br />can reasonably identify charges not subject to the utility users tax based upon its books <br />and records that are kept in the regular course of business, which shall be consistent <br />with generally accepted accounting principles. <br /> <br />(d) The tax administrator, from time to time, may survey the electric service suppliers <br />to identify the various unbundled billing components of electrical retail service that they <br />commonly provide to residential and commercial/industrial customers in the City, and <br />the charges therefor, including those items that are mandated by state or federal <br />regulatory agencies as a condition of providing such electric service. The tax <br />administrator, thereafter, may issue and disseminate to such electric service suppliers <br />an administrative ruling identifying those components and items which are: i) necessary <br />or common to the receipt, use and enjoyment of electric service; or, ii) currently, or <br />historically have been, included in a single or bundled rate for electric service by a local <br />distribution company to a class of retail customers. Unbundled charges for such <br />components and items shall be subject to the tax of subsection (a) above. <br /> <br />(e) As used in this section, the term "using electricity" shall not be construed to <br />include the mere receiving of such electricity by an electric public utility or governmental <br />agency at a point within the City for resale; or the use of such electricity in the <br />production or distribution of water by a public utility or a governmental agency. <br /> <br />(f) The tax on electricity provided by a non-utility service supplier not under the <br />jurisdiction of this code shall be collected and remitted in the manner set forth in section <br />35-158 of this code. All other taxes on charges for electricity imposed in this section <br />shall be collected from the service user by the electric service supplier or its billing <br />agent. The amount of tax collected in one (1) month shall be remitted to the tax <br />administrator on or before the twentieth (20th) day of the following month in accordance <br />with section 35-163 of this code; or, at the option of the person required to collect and/or <br />remit the tax, such person shall remit an estimated amount of tax measured by the tax <br />billed in the previous month or upon the payment pattern of the service user on or <br />before the twentieth (20th) day of the following month in accordance with section 35-163 <br />of this code. <br /> <br />Ordinance No. NS-2436 <br /> Page 7 of 22 <br /> <br /> <br />
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