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Agenda Packet_2025-05-06
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Agenda Packet_2025-05-06
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Clerk of the Council
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5/6/2025
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(5) Customer charges, late charges, service establishment or reestablishment charges, demand charges, <br />fuel or other cost adjustments, power exchange charges, independent system operator (ISO) charges, <br />stranded investment or competitive transition charges (CTC), public purpose program charges, nuclear <br />decommissioning charges, trust transfer amounts (bond financing charges), franchise fees, franchise <br />surcharges, annual and monthly charges, and other charges, fees and surcharges which are necessary <br />to or common for the receipt, use and enjoyment of electric service; and <br />(6) Charges, fees or surcharges for electricity services or programs, which are mandated by the California <br />Public Utilities Commission or the Federal Energy Regulatory Commission, whether or not such <br />charges, fees or surcharges appear on a bundled or line item basis on the customer billing. <br />(c) As used in this section, the term "charges" shall also include the value of any other services, credits, property <br />of every kind or nature, or other consideration provided by the service user in exchange for the electricity or <br />services related to the provision of such electricity. If a non-taxable service and a taxable service are billed <br />together under a single charge, the entire charge shall be deemed taxable unless the service supplier can <br />reasonably identify charges not subject to the utility users tax based upon its books and records that are kept <br />in the regular course of business, which shall be consistent with generally accepted accounting principles. <br />(d) The tax administrator, from time to time, may survey the electric service suppliers to identify the various <br />unbundled billing components of electrical retail service that they commonly provide to residential and <br />commercial/industrial customers in the city, and the charges therefor, including those items that are <br />mandated by state or federal regulatory agencies as a condition of providing such electric service. The tax <br />administrator, thereafter, may issue and disseminate to such electric service suppliers an administrative <br />ruling identifying those components and items which are: i) necessary or common to the receipt, use and <br />enjoyment of electric service; or, ii) currently, or historically have been, included in a single or bundled rate <br />for electric service by a local 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 />(e) As used in this section, the term "using electricity" shall not be construed to include the mere receiving of <br />such electricity by an electric public utility or governmental agency at a point within the city for resale; or the <br />use of such electricity in the production or distribution of water by a public utility or a governmental agency. <br />(f) The tax on electricity provided by a non -utility service supplier not under the jurisdiction of this code shall be <br />collected and remitted in the manner set forth in section 35-158 of this code. All other taxes on charges for <br />electricity imposed in this section shall be collected from the service user by the electric service supplier or <br />its billing agent. The amount of tax collected in one (1) month shall be remitted to the tax administrator on <br />or before the twentieth (20th) day of the following month in accordance with section 35-163 of this code; or, <br />at the option of the person required to collect and/or remit the tax, such person shall remit an estimated <br />amount of tax measured by the tax billed in the previous month or upon the payment pattern of the service <br />user on or before the twentieth (20th) day of the following month in accordance with section 35-163 of this <br />code. <br />(Ord. No. NS-2436, § 2, 8-4-00) <br />Sec. 35-156.1. Reduction in rate. <br />The electricity users tax imposed under section 35-156 shall be reduced from six (6) percent to five and one- <br />half (5%) percent. <br />( Ord. No. NS-2860, § 7, 12-9-14 ) <br />City PiNaPPAKil RFP No. 23-%-5 195 PaN@/196 <br />
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