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RES 19-20-LCU009 ALL SIGNED LAS CRUCES UTILITIES BOARD RESOLUTION NO. 19-20-LC0009 A RESOLUTION AUTHORIZING LAS CRUCES UTILITIES STAFF TO MAKE ADMINISTRATIVE REVISIONS AND ADD NEW LANGUAGE TO THE "BILL ADJUSTMENTS" SCHEDULE, WHICH IS PART OF THE LAS CRUCES UTILITIES BILLING AND SERVICE REGULATIONS TARIFF. The Board of Commissioners for the City of Las Cruces Utilities, on behalf of the City of Las Cruces, is informed that: WHEREAS, on August 10, 2017, the Las Cruces Utilities ("LCU") Board of Commissioners ("Board") approved Resolution No. 17-18-LCU010, which authorized LCU staff to make administrative revisions and add language to address seasonal utility service adjustments, add clarifying language to the tampering fee definition applicability, and revise redundant and unclear language within existing schedule; and WHEREAS, LCU recommends approval and authorization to make administrative revisions and add language to address meter tampering, damage and/or theft of metering or monitoring equipment. With the meter upgrade to LCU water meters there are new components that are essential to infrastructure operation at an additional cost of the metering devices. Tampering and damage charges address cost at existing metering sites and at new construction sites where damage to meters is extensive; and WHEREAS, the meter tampering language in the "Billing Adjustments" Schedule updates cost of tampering and damage incurred to Advanced Metering Infrastructure. NOW, THEREFORE, be it Resolved by the Board of Commissioners for the City of Las Cruces Utilities, on behalf of the City of Las Cruces: LCU FY19 11/18 Rev. 2 LCU Board Resolution No. 19-20-LC0009 Page 2 of 2 (I) THAT the proposed "Bill Adjustments" Sheet No. BA-2020, as attached hereto as Exhibit "A" and made it part of this Resolution, is hereby accepted and approved. (II) THAT City staff is hereby authorized to do all deeds necessary in the accomplishment of the herein above. DONE AND APPROVED this loth day of October 2019. APPROVED: By Board Chair ATTEST: Secretary VOTE: Chair Little: Moved by Vice-Chair Archuleta: Commissioner Baumgarn: Seconded by Commissioner Carmichael: Commissioner Johnson: Commissioner Sorg: Commissioner Vasquez: APPROVED AS TO FORM: Sr. A sistant City A ey LCU FY19 11/18 Rev. 2 Exhibit "A" LAS CRUCES UTILITIES BILLING AND SERVICE REGULATIONS Sheet No. BA-2017.1 Approval Date: December 8, 2016 Effective Billing Date: December 9, 2016 LCUB Resolution No: 16-17-LCU014 BILL ADJUSTMENTS Adjustment of a utility bill must be requested by the customer by contacting Las Cruces Utilities (LCU) Customer Service to initiate the evaluation and processing of a bill adjustment. Adjustments involving documented extenuating circumstances, exceeding the standard twelve (12) month period for retroactive billing or refund adjustments are defined as non-standard adjustments, and may be considered and applied at the discretion of the Utilities Department Director. Adjustments to utility billing will be considered and/or assessed for the following conditions: METERED SERVICE ERROR Where a customer has been undercharged or overcharged for metered service (natural gas and/or water service) due to a reading or billing error, the period to be retroactively billed or refunded shall not exceed twelve (12) months. Where the customer believes that the water or gas meter is not functioning properly, the customer may request a meter test be conducted. Should the meter test show the meter to be accurate, a service charge will be applied as provided in LCU Customer Service Fees and Charges schedule. HIGH CONSUMPTION ISSUES It is the customer's responsibility to maintain their lines and equipment in a reasonable condition so that leaks do not occur. A customer with high water or gas bill due to a leak requesting a billing adjustment must verify that the leak has been repaired and must provide documented evidence of the repair to LCU Customer Service representatives. Where a customer has made the repairs, and in the absence of receipts for supplies used, a field check conducted by Field Service staff will verify that the leak has been repaired. Excess consumption due to a leak or non-recurring consumption level as recorded by the meter is defined as a 200% increase in consumption level over the customer's historic consumption for the month the leak occurred. The customer must notify Customer Service within three (3) months of the leak and/or the corresponding billing impact to process a billing adjustment. A request for a billing adjustment beyond the notification deadline will not be processed. Only a one (1) month Page 1 of 6 LAS CRUCES UTILITIES BILLING AND SERVICE REGULATIONS Sheet No. BA-2017.1 Approval Date: December 8, 2016 Effective Billing Date: December 9, 2016 LCUB Resolution No: 16-17-LCU014 BILL ADJUSTMENTS leak adjustment for the customer's premises will be considered and applied, and limited to one leak adjustment within a twenty-four (24) month period. The adjustment will be 50% of the difference between the consumption based on 1.) the customer's normal three (3) year average (or the available customer's consumption history) of the month where the leak occurred, and 2.) the month of the measured consumption caused by the water or gas leak, or non-recurring consumption level, or With established operating and safety procedures that regulate natural gas service, it is extremely rare that a gas leak would register an accumulation to a level that would be subject to a billing adjustment defined in this section. However, in the event that a gas leak on a customer's side of the metered service does occur, the same adjustment criteria described above would be applied. WASTEWATER ADJUSTMENTS Wastewater discharge billing volume for Residential and Small Commercial Service is updated yearly using the Winter Quarter Average (WQA) calculation based on potable water consumption measured in the billing months of December, January, and February. In the event a potable water leak affects the WQA calculation, the customer must notify Customer Service within (3) months of the affected wastewater billing. A request for a billing adjustment beyond the notification deadline will not be processed. The adjustment will be applied to the applicable billing months that were initially billed based on the affected WQA calculation. In the event that a customer initiates new service after the WQA amount has been calculated, the account will be billed the existing route average at the service location until the next WQA is calculated. Wastewater discharge billing volume may be adjusted in the event the new service has significantly different potable water consumption in the first year the account initiated service between WQA calculating periods, but shall not be less than 1,000 gallons of discharge billing volume. Page 2 of 6 LAS CRUCES UTILITIES BILLING AND SERVICE REGULATIONS Sheet No. BA-2018 Approval Date: August 10, 2017 Effective Billing Date: September 10, 2017 LCUB Resolution No: 17-18-LCU010 BILL ADJUSTMENTS SEASONAL SERVICE ADJUSTMENT The Seasonal Service Adjustment is a customer requested bill adjustment available only to residential service customers that temporarily/seasonally vacate their residence. The adjustment accommodates the minimal/non-use of unmetered services, specifically, solid waste and wastewater service while a residence is unoccupied. The length of the unoccupied period allowed under the Seasonal Service Adjustment is no less than three (3) months and no greater than six (6) months during a consecutive twelve (12) month period. The duration the residence is unoccupied is defined as the "unoccupied period" for the purposes of this adjustment. Residential customers must apply and annually renew for the Seasonal Service Adjustment providing the start and end date of the unoccupied period of the residence. The application and renewal for this adjustment is processed by completing and submitting the on-line "Request for Seasonal Service Adjustment Form" on LCU's Customer Service website. Requests submitted for periods less than three (3) or more than six (6) months shall not be processed. During the residence's unoccupied period, the billing and billing statement for utility services is processed and presented in the standard manner. Definitions: Avoided Cost Charge (ACC): the cost not incurred when unoccupied residences have no solid waste and no container placed for pick-up. The total operational avoided cost calculated for residential solid waste is six percent(6%). The ACC monthly charge for solid waste during the unoccupied period is 94% of the standard monthly charge stated in the Residential Service Solid Waste tariff schedule. No Wastewater Billing Unit (NWBU): Wastewater billing will be based on zero (0) billing units for the volumetric charge during the unoccupied period. Active Service - account status indicating LCU utility services are open and all applicable monthly access and volumetric charges are billed. Page 3 of 6 LAS CRUCES UTILITIES BILLING AND SERVICE REGULATIONS Sheet No. BA-2018 Approval Date: August 10, 2017 Effective Billing Date: September 10, 2017 LCUB Resolution No: 17-18-LCU010 BILL ADJUSTMENTS Inactive Service - account status indicating LCU utility services are closed. Applicable monthly access and volumetric charges are not billed. The Seasonal Service Adjustment will be credited on the account's regularly scheduled billing month following the end date of the residence's unoccupied period. The Adjustment will be based on the total difference between standard billing and billing based on one of the customer selected options stated below: 1. Active Service Option: a. the total billing for seasonal service for solid waste based on the ACC and, if applicable, the NWBU for wastewater during the unoccupied period. b. Solid Waste collections drivers reporting containers curbed for pick-up during the unoccupied period will terminate the adjustment and revert to standard billing, 2. Inactive Service Option: a. all applicable utility services inactivated during the unoccupied period except landscape irrigation water meter. The sole billing under this option will be for landscape irrigation service. b. utility services will be activated immediately after the end date of the unoccupied period c. Availability of this option requires a separately metered landscape meter or the installation of a landscape water meter to separately meter and bill landscape irrigation use. d. Any recorded consumption of metered services and/or report of container curbed for pick-up during the residence's unoccupied period, will result in the cancellation of the Seasonal Service Adjustment and revert to standard billing of all utility services. METERING ACCURACY ERROR In the event of either an LCU or customer initiated accuracy test, or a meter is found to register more than two percent (2%) fast, LCU will refund the customer the overcharge based upon the corrected meter readings for the period the meter was in use, or twelve (12) months, whichever is less. Any applicable late payment will be waived. Page 4 of 6 LAS CRUCES UTILITIES BILLING AND SERVICE REGULATIONS Sheet No. BA-2020 Approval Date: October 10, 2019 Effective Billing Date: October 11, 2019 LCUB Resolution No: 19-20-LC0009 BILL ADJUSTMENTS In the event a customer's meter is found not to register, or to register erratically register more than two percent (2%) slow, LCU will bill the customer for the undercharge based on an average billing, if this estimated undercharge amount exceeds $100.00. The bill will be computed based on an estimate of the customer's consumption during the prior month in the same season or on the consumption in the same period of prior years that were not affected by the meter failure. UNMETERED/UNBILLED SERVICE ERROR Where a customer has not been billed, undercharged or overcharged for applicable utility service (gas, water, wastewater, and solid waste), the period to be retroactively billed or refunded shall not exceed twelve (12) months when metered data is available. Where metered data is not available, estimated consumption based on similar type utility service will be the basis of estimating volumetric amounts. THEFT OF SERVICE Per LCMC 28-6, the City shall have the right to disconnect or refuse to connect or reconnect any utility service where there is evidence that theft of utility service (i.e. gas, water or illegal wastewater connection) has occurred, LCU will retroactively bill, and collect any underpayment or nonpayment of charges. The applicable period to assess charges shall commence from the date it can be reasonably established the theft began to the date in which the underpayment or non-payment was discovered and initially established. All underpayments or non-payments shall become immediately due and payable plus a security deposit before service is reactivated or reconnected. Customers committing theft of utility service will be subject to legal action. METER TAMPERING, DAMAGE AND/OR THEFT OF METERING OR MONITORING EQUIPMENT Per LCMC 28-6, the City shall have the right to disconnect or refuse to connect or reconnect any existing utility service where there is evidence that LCU metering or monitoring devices, cabling and/or sensors have been tampered, damaged, stolen or where services are by- passed (straight lined). LCU shall immediately disconnect water and/or gas metering. Page 5 of 6 LAS CRUCES UTILITIES BILLING AND SERVICE REGULATIONS Sheet No. BA-2020 Approval Date: October 10, 2019 Effective Billing Date: October 11, 2019 LCUB Resolution No: 19-20-LC0009 BILL ADJUSTMENTS For existing metering equipment- $250 will be assessed per meter for tampering, damage, theft of equipment and/or service bypass. For metering equipment at new construction sites - $550 will be assessed per meter for damage, unauthorized relocation, theft of equipment and/or service bypass. The tampering, damage and/or theft assessment shall be paid in full and any delinquent balance paid plus the applicable security deposit for prior unpaid balances before service is reactivated or reconnected. Meter tampering, damage and/or theft of metering or monitoring equipment apply to the following, but not limited to: • meter lock broken • meter stolen • curb stop damaged or broken • unauthorized connection • register damaged or disconnected inserted or connected to the • meter lock removed system • meter broken • damage and/or theft of automated meter reading (AMI) devices or sensors, cutting or disconnecting cabling from meter or sensor Page 6 of 6 Exhibit "B" LAS CRUCES UTILITIES BILLING AND SERVICE REGULATIONS Sheet No. BA-2OT82020 Approval Date: August 10, 204 7October 10, 2019 Effective Billing Date: Seetambn�TOctober 11, 2019 LCUB Resolution No: 47-1-9- L-6�19-20-LCU 009 BILL ADJUSTMENTS In the event a customer's meter is found not to register, or to register erratically register more than two percent (2%) slow, LCU will bill the customer for the undercharge based on an average billing, if this estimated undercharge amount exceeds $100.00. The bill will be computed based on an estimate of the customer's consumption during the prior month in the same season or on the consumption in the same period of prior years that were not affected by the meter failure. UNMETERED/UNBILLED SERVICE ERROR Where a customer has not been billed, undercharged or overcharged for applicable utility service (gas, water, wastewater, and solid waste), the period to be retroactively billed or refunded shall not exceed twelve (12) months when metered data is available. Where metered data is not available, estimated consumption based on similar type utility service will be the basis of estimating volumetric amounts. THEFT OF SERVICE Per LCMC 28-6, the City shall have the right to disconnect or refuse to connect or reconnect any utility service where there is evidence that theft of utility service (i.e. gas, water or illegal wastewater connection) has occurred, LCU will retroactively bill, and collect any underpayment or nonpayment of charges. The applicable period to assess charges shall commence from the date it can be reasonably established the theft began to the date in which the underpayment or non-payment was discovered and initially established. All underpayments or non-payments shall become immediately due and payable plus a security deposit before service is reactivated or reconnected. Customers committing theft of utility service will be subject to legal action. METER TAMPERING, DAMAGE AND/OR THEFT OF METERING OR MONITORING EQUIPMENT Per LCMC 28-6, the City shall have the right to disconnect or refuse to connect or reconnect any existing utility service where there is evidence that LCU metering or monitoring devices-, cabling and/or sensors have been tampered, damaged, stolen or where services are by- Page 5 of 6 passed (straight lined). LCU shall immediately disconnect water and/or gas metering_and access the GUs+rimer $200 nn per LAS CRUCES UTILITIES BILLING AND SERVICE REGULATIONS Sheet No. BA-20182020 Approval Date: August 10 , 20170ctober 10, 2019 Effective Billing Date: September 4n `'n�'October 11, 2019 LCUB Resolution No: 17-17- L-G - 19-20-LC0009 BILL ADJUSTMENTS For existing metering equipment - $250 will be assessed per meter for tampering, damage+ag, theft of equipment and/or service bypass. For metering equipment at new construction sites - $550 will be assessed per meter for damage, unauthorized relocation, theft of equipment and/or service bypass. The tampering, damage and/-or theft assessment shall be paid in full and any delinquent balance paid plus the applicable security deposit for prior unpaid balances before service is reactivated or reconnected. Meter tampering, damage and/or theft of metering or monitoring equipment apply to the following is ,Iefined as but not limited to: • meter lock broken • meter stolen • curb stop damaged or broken • unauthorized connection • register damaged or disconnected inserted or connected to the • meter lock removed system • meter broken • damage and/or theft of automated meter reading (AM Its) devices, or sensors, -G�F _cutting or —disconnecting _AMR sablecabling -from meter or sensor —meter Page 6 of 6 Exhibit "C" LAS CRUCES UTILITIES BILLING AND SERVICE REGULATIONS Sheet No. BSR-TOC Approval Date: October 10,2019 Effective Billing Date: October 11,2019 LCUB Resolution No. 19-20-LCUxxx t i+l Y•: I TABLE OF CONTENTS Billing Adjustments____________________________________________________________________________________ Sheet BA-2020 (Pages 1-6) Customer Service Fees and Charges________________________________________________________ Sheet CSF-2019(Pages 1-4) Deposits, Refunds and Collections............................................................ Sheet DRC-2018(Pages 1-6) Application, Billing and Payment for Service______________________________________________ Sheet ABP-2018(Pages 1-7) Requirement to Provide Utility Service______________________________________________________, Sheet RUS-1 (Page 1) Residential AMR Opt-Out............................................................_------------- Sheet AMR-2015 (Page 1) Water Conservation Administrative Fees................................................... Sheet WC-2015 (Page 1) Rental Property Administration__________________________________________________________________ Sheet RPA-2015 (Page 1) Exhibit "D" LAS CRUCES UTILITIES BILLING AND SERVICE REGULATIONS Sheet No. BSR-TOC Approval Date: November°, ''n1.°October 10,2019 Effective Billing Date: NeyembeF 9201R-October 11,2019 LCUB Resolution No. 19-20- LC0009 TABLE OF CONTENTS Billing Adjustments------------------------------------------------------------------------------------ Sheet BA-20�2020(Pages 1-6) Customer Service Fees and Charges________________________________________________________ Sheet CSF-2019(Pages 1-4) Deposits, Refunds and Collections____________________________________________________________ Sheet DRC-2018 (Pages 1-6) Application, Billing and Payment for Service.............................................. Sheet ABP-2018(Pages 1-7) Requirement to Provide Utility Service....._------_................................_---_____. Sheet RUS-1 (Page 1) Residential AMR Opt-Out.............................._...................................___..... Sheet AMR-2015(Page 1) Water Conservation Administrative Fees___________________________________________________ Sheet WC-2015(Page 1) Rental Property Administration__________ .........................................__------------ Sheet RPA-2015 (Page 1) • City of Las Cruces MOUNTAINS OF OPPORTUNITY LAS CRUCES UTILITIES BOARD OF COMMISSIONERS ACTION FORM For Meeting of October 10, 2019 (Adoption Date) TITLE: A RESOLUTION AUTHORIZING LAS CRUCES UTILITIES STAFF TO MAKE ADMINISTRATIVE REVISIONS AND ADD NEW LANGUAGE TO THE ""BILL ADJUSTMENTS" SCHEDULE, WHICH IS PART OF THE LAS CRUCES UTILITIES BILLING AND SERVICE REGULATIONS TARIFF. BACKGROUND: On August 10, 2017, the Las Cruces Utilities ("LCU") Board of Commissioners ("Board") approved Resolution No. 17-18-LCU010, which authorized LCU staff to make administrative revisions and add language to address seasonal utility service adjustments, add clarifying language to the tampering fee definition applicability, and revise redundant and unclear language within existing schedule. LCU recommends approval and authorization to make administrative revisions and add language to address meter tampering, damage and/or theft of metering or monitoring equipment. With the meter upgrade to LCU water meters there are new components that are essential to infrastructure operation at an additional cost of the metering devices. Tampering and damage charges address cost at existing metering sites and at new construction sites where damage to meters is extensive. The meter tampering language in the "Billing Adjustments" Schedule updates cost of tampering and damage incurred to Advanced Metering Infrastructure. SUPPORT INFORMATION: 1. LCU Resolution No. 19-20-LC0009. 2. Exhibit "A"- Proposed Bill Adjustments Sheets No. BA-2020. 3. Exhibit "B"- Existing Bill adjustments Sheets No. BA-2018 with red line. Continue on additional sheets as required Name of DrafterJtJ4,(A4� Department: Phone: Jose F. ProvencioUtilities 575 528-3508 Account Number: Amount of Expenditure: Budget Amount: N/A N/A N/A Strategic Plan Goal / Objective / Strategy Addressed: N/A Performance Bud et Goal / Objective Addressed: N/A Department Signature Phone De artmen Signature Phone Utilities �' �' 528-3512 Bud etZ (k) 541-2300 Assistan Legal 541-2128 City Manager 541-2271 City Manager a��U ' � Gr1�� 541-2076 LCU 5/18 Rev.4 LCU Board Action Form Page 2 4. Exhibit "C"- Proposed Table of Contents for Billing and Service Regulations Sheet No. BSR-TOC. 5. Exhibit"D"- Existing Table of Contents for Billing and Service Regulations Sheet No. BSR- TOC with red line. BOARD OPTIONS: 1. VOTE ""YES" - Will approve Resolution 19-20-LC0009 to make administrative revisions and add new language to the Las Cruces Utilities Billing and Service Regulations Tariff in regard to "Bill Adjustments" Schedule. These changes will become effective on October 11, 2019. 2. VOTE "NO" - Will reject Resolution 19-20-LC0009 and no changes will be made to the existing Las Cruces Utilities Billing and Service Regulation Tariff. Staff will require strategic guidance. (Continue on additional sheets as required)