Loading...
HomeMy WebLinkAboutStaff Report 2501-4065CITY OF PALO ALTO CITY COUNCIL Special Meeting Monday, June 01, 2026 Council Chambers & Hybrid 5:30 PM     Agenda Item     14.Adoption of a Resolution Amending Utilities Rules and Regulations Numbers 02 (Definitions and Abbreviations), 03 (Description of Utility Services), 04 (Application for Service), 05 (Service Contracts), 09 (Disconnection, Termination and Restoration of Service), 10 (Meter Reading), 11 (Billing, Adjustments and Payment of Bills), 18 (Utility Service and Facilities on Customer Premises, 20 (Special Electric Utility Regulations), 21 (Special Water Utility Regulations), 22 (Special Gas Utility Regulations), 23 (Special Wastewater Utility Regulations), and Utility Rate Schedule C-4 (Residential Rate Assistance Program), and Repealing Rule 15 (Metering Equipment); CEQA Status – Not a Project 6 4 2 1 City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Utilities Meeting Date: June 1, 2026 Report #:2501-4065 TITLE Adoption of a Resolution Amending Utilities Rules and Regulations Numbers 02 (Definitions and Abbreviations), 03 (Description of Utility Services), 04 (Application for Service), 05 (Service Contracts), 09 (Disconnection, Termination and Restoration of Service), 10 (Meter Reading), 11 (Billing, Adjustments and Payment of Bills), 18 (Utility Service and Facilities on Customer Premises, 20 (Special Electric Utility Regulations), 21 (Special Water Utility Regulations), 22 (Special Gas Utility Regulations), 23 (Special Wastewater Utility Regulations), and Utility Rate Schedule C-4 (Residential Rate Assistance Program), and Repealing Rule 15 (Metering Equipment); CEQA Status – Not a Project RECOMMENDATION Staff recommends that Council adopt the attached Resolution (Attachment A) amending Utilities Rules and Regulations 02, 03, 04, 05, 09, 10, 11, 15, 18, 20, 21, 22, 23, and Utility Rate Schedule C-4, and Repealing Rule 15 (Metering Equipment); as attached. EXECUTIVE SUMMARY Utilities Rules and Regulations (Rules) are updated as needed to ensure current procedures are in place to continue City of Palo Alto Utilities (CPAU) operations. The recommended changes to the various Rules and Regulations add new provisions, remove outdated sections, update language for clarity, and reflect changes to applicable regulations, business practices and procedures. The proposed expansion of the City’s Rate Assistance Program of increasing the number of eligible participants and changing the residential discount rate from 25% to 35% for electric services (under Utility Rate Schedule C-4 - Residential Rate Assistance Program) was vetted and approved by the Utilities Advisory Committee and Finance Committee as part of the FY 2027 budget meetings. The new gas fees (under Rule and Regulation 22 – Special Gas Utility Regulations) for unauthorized and unscheduled gas disconnection which requires staff time was approved by Finance Committee during the Municipal Fee section of the budget hearing. 6 4 2 1 In addition, the staff has updated the Rules to align with the State of California’s new laws on Accessory Dwelling Units (ADU) and the State Water Resources Control Board Cross-Connection Handbook on customer responsibilities, testing requirements, and enforcement actions to safeguard the public drinking water system. BACKGROUND changes do not impact long range planning, policies, or programs. The changes mainly reflect daily operational changes and procedures that are currently in place. ANALYSIS Utilities Rules and Regulations (02, 03, 04, 05, 09, 10, 11, 15, 18, 20, 21, 22, and 23) Senate Bill (SB) 1211, Assembly Bill (AB) 2533, and Senate Bill 1077 6 4 2 1 Utilities Rule and Regulation 03 (Description of Utility Services) -Connection Control and Backflow Prevention requirements was standardized, and the Rule clarifies that customers are responsible for installing, testing, and maintaining required assemblies in accordance with state regulations. The update also aligns with the State Water Resources Control Board's Cross-Connection Control Policy Handbook. -Metering by reaffirming the prohibition on utility resale while allowing cost allocation under specified conditions. -owned or maintained infrastructure, expanding the language for consistency and broader applicability. The list of services that may require contracts is updated, described as illustrative and non-exclusive, and expanded to include long-term service agreements, loans or leases for efficiency or reliability improvements, distributed generation and Energy Storage Facility projects, dark fiber services, reservation of electric capacity, installation of additional service or lateral connections, and fiber internet services. 6 4 2 1 Utilities Rule and Regulation 09 (Disconnection, Termination and Restoration of Service) -initiated termination or disconnection, revisions focus on accurately distinguishing procedures that apply to non-payment from those that apply to other violations. The document clarifies that 10-day and 48-hour notices are specific to non-payment cases and removes extraneous or duplicative clauses. Additional edits refine the list of violations that may lead to termination or disconnection and strengthen language describing unsafe conditions, improper equipment, and customer impacts on the electric distribution system. Several operational clarifications were added, including processing timelines for mailed or third-party payments and emphasizing the need for customers facing imminent disconnection to use methods that post payments immediately. -of-service section preserves the distinction between disconnection for non-payment and termination for other causes, and it outlines the conditions under which service will be restored once financial, physical, or safety issues have been resolved. 6 4 2 1 Utilities Rule and Regulation 11 (Billing, Adjustments and Payments of Bills) -party payments and credit card limits. Several sections were reorganized for clarity, including delinquency rules, dispute processes, and the Budget Billing Payment Program. Customers served with AMI water meters are not eligible for water leak adjustments because such Customers can receive email notifications based on City-set thresholds to alert them of unusually high water flows and/or potential leaks. The edits removed the maximum credit card payment of $5,000 per account and cost recovery fee for credit card payments over $5,000, since the City will be implementing a new credit card service fee for cost recovery. Billing adjustments for water leaks remain capped at $2,500. Maximum billing for undercharges will no longer be subject to the $500 dollar per Account, per incident, for cost recovery. The retroactive billing adjustment (back bill or refund) shall not exceed three years. If requested, CPAU will offer payment arrangement or budget billing for retroactive back bill adjustments. -family residential services in wildfire-risk areas must be underground whenever CPAU determines elevated threat levels. Rules governing number of services reinforce the “one Point-of-Service per lot” standard, while retaining CPAU discretion to allow additional service points and clarifying cost responsibility. Edits across protective device and equipment sections reaffirm Customer/Applicant responsibility for installation, maintenance, and compliance with CPAU standards, including protective coordination, short-circuit rating alignment, and safe operation of generation equipment. CPAU retains discretion to require agreements and conditions under which CPAU will install and maintain such facilities. 6 4 2 1 Utilities Rule and Regulation 21 (Special Water Utility Regulations) Proposed edits in Rule 21 further clarify and strengthen the City’s requirements for maintaining reliable backflow protection across the water system. The revisions reinforce that Customers are responsible for installing, testing, and maintaining approved backflow prevention assemblies in accordance with State Water Resources Control Board requirements and the City’s Cross Connection Control Program, which is administered under the California Health and Safety Code. The Program documents and tracks all Customer-owned devices to ensure they meet annual inspection and testing standards that safeguard the potable water supply from cross-contamination. If a Customer fails to submit the required annual test report within 90 days, the City may arrange for inspection and testing at the Customer’s expense, and may curtail or terminate water service if compliance is not achieved. A new section was added for development that impact the City’s water infrastructure. Developers may be required to provide a fire flow test to quantify fire flow and domestic water demands as part of a capacity study. All costs associated with the capacity study and Applicant’s share of necessary water system improvements are the full responsibility of the Applicant. Utilities Rule and Regulation 22 (Special Gas Utility Regulations) The revisions to Rule 22 add a new section barring unauthorized construction activity near service lines, adding a defined 10-foot buffer and clearer consequences for proceeding without CPAU permission, including potential service disconnection and responsibility for related fees. The proposed fee will be included in the Municipal Fee Schedule as discussed during the FY 2027 Proposed Budget meetings with the Finance Committee. A new section was added for development that impacts the City’s gas infrastructure. Developers may be required to provide a capacity report to quantify the project’s demands as part of a capacity study. All costs associated with the capacity study and Applicant’s share of necessary gas system improvements are the full responsibility of the Applicant. Utilities Rule and Regulation 23 (Special Wastewater Utility Regulations) In addition to adding new ADU language, a new section was added to address development that impact the City’s wastewater infrastructure. Developers may be required to provide a sewer capacity and flow monitoring report to quantify the project’s demands. All costs associated with the capacity study and Applicant’s share of necessary wastewater system improvements are the full responsibility of the Applicant. 6 4 2 1 Utility Rate Schedule C-4 (Residential Rate Assistance Program) FISCAL/RESOURCE IMPACT Approval of changes to Utilities Rules and Regulation 2, 3, 4, 5, 9, 10, 11, 15, 18, 20, 21, 22, and 23, will not result in a significant change in net operating revenues or expenses. Changes to Utility Rate Schedule C-4 of increasing the electric rate discount rate from 25% to 35% and expanding the number of eligible participants for the rate assistance program will cost approximately $300,000 and $80,000 from the electric and gas public benefit funds respectively. STAKEHOLDER ENGAGEMENT 1, staff presented the FY 2027 Utilities Budget to the Utilities Advisory Committee (UAC), recommending two changes in the City’s residential rate assistance program. The changes include a) increasing the residential electric rate discount from 25% to 35%; and b) increasing the qualifying income level from 50% (Very Low Income) to 80% (Low Income) of the Santa Clara County Area Median Income (AMI). On March 25, 2026, staff presented the changes of the rate assistance program to the UAC Budget Subcommittee. Given rising affordability concerns, both the UAC and subcommittee were supportive of the proposed changes to the rate assistance program. 1 Utilities Advisory Committee Meeting on May 6, 2026: https://cityofpaloalto.primegov.com/viewer/preview?id=0&type=8&uid=7833047e-6411-4548-8b9e- c22862b8bd11 6 4 2 1 On May 5, 20263, staff presented the FY 2027 Utilities Budget to the UAC, recommending two changes in the City’s residential rate assistance program. The changes include a) increasing the residential electric rate discount from 25% to 35%; and b) increasing the qualifying income level by approximately 50% for entire rate assistance program. Finance Committee expressed support for the proposed expansion of utility assistance programs for lower-income residents and emphasized the importance of communicating those benefits to the public. Additional comments noted that the revised income thresholds would also apply to S/CAP-related assistance programs. On May, 20264, staff introduced the new gas disconnection fees for non-scheduled gas service or disconnection call during after-hours and weekends. These fees reflect the Utility’s cost to disconnect gas service prior to construction to discourage unsafe or hazardous construction activities within 10 feet of a live gas service or meter. The responsible party will be responsible for the disconnection and/or removal fees and penalties. Finance Committee tentatively approved of the proposed FY 2027 municipal fees including the new gas fees. ENVIRONMENTAL REVIEW The adoption of the resolution amending Utility Rules and Regulations does not meet the definition of a “project” under Public Resources Code 21065 or CEQA Guidelines Section 15378(b)(2), thus no CEQA review of this action is required. ATTACHMENTS APPROVED BY: 3 Finance Committee Meeting on May 5, 2026: https://cityofpaloalto.primegov.com/viewer/preview?id=0&type=8&uid=1c90c2b7-8128-4dab-8581- e7d87c08a1c7 4 Finance Committee Meeting on May 6, 2026: https://cityofpaloalto.primegov.com/viewer/preview?id=0&type=8&uid=09639f78-ff3b-4b7e-9877-c6ef67e46219 ATTACHMENT A RESOLUTION NO. _____________________ RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING AMENDMENTS TO UTILITIES RULE AND REGULATION 2 (DEFINITIONS AND ABBREVIATIONS), UTILITIES RULE AND REGULATION 3 (DESCRIPTION OF UTILITY SERVICES), UTILITIES RULE AND REGULATION 4 (APPLICATION FOR SERVICE), UTILITIES RULE AND REGULATION 5 (SERVICE CONTRACTS), UTILITIES RULE AND REGULATION 9 (DISCONNECTION, TERMINATION AND RESTORATION OF SERVICE), UTILITIES RULE AND REGULATION 10 (METER READING), UTILITIES RULE AND REGULATION 11 (BILLING, ADJUSTMENTS AND PAYMENT OF BILLS), UTILITIES RULE AND REGULATION 18 (UTILITY SERVICE AND FACILITIES ON CUSTOMER PREMISES), UTILITIES RULE AND REGULATION 20 (SPECIAL ELECTRIC UTILITY REGULATIONS), UTILITIES RULE AND REGULATION 21 (SPECIAL WATER UTILITY REGULATIONS), UTILITIES RULE AND REGULATION 22 (SPECIAL GAS UTILITY REGULATIONS), UTILITIES RULE AND REGULATION 23 (SPECIAL WASTEWATER UTILITY REGULATIONS), AND APPROVING AMENDMENTS TO UTILITY RATE SCHEDULE C-4 (RESIDENTIAL RATE ASSISTANCE PROGRAM), AND REPEALING UTILITIES RULE AND REGULATION 15 (METERING) The Council of the City of Palo Alto does hereby RESOLVE as follows: Section 1. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utility Rule and Regulation 02 (Definitions and Abbreviations) is hereby amended as attached and incorporated. Utility Rule and Regulation 02, as amended, shall become effective June 1, 2026. Section 2. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utility Rule and Regulation 03 (Description of Utility Services) is hereby amended as attached and incorporated. Utility Rule and Regulation 03, as amended, shall become effective June 1, 2026. Section 3. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 04 (Application for Service) is hereby amended as attached and incorporated. Utility Rule and Regulation 04, as amended, shall become effective June 1, 2026. Section 4. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 05 (Service Contracts) is hereby amended as attached and incorporated. Utility Rule and Regulation 05, as amended, shall become effective June 1, 2026. ATTACHMENT A Section 5. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 09 (Disconnection, Termination and Restoration of Service) is hereby amended as attached and incorporated. Utility Rule and Regulation 09, as amended, shall become effective June 1, 2026. Section 6. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 10 (Meter Reading) is hereby amended as attached and incorporated. Utility Rule and Regulation 10, as amended, shall become effective June 1, 2026. Section 7. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 11 (Billing, Adjustments and Payment of Bills) is hereby amended as attached and incorporated. Utility Rule and Regulation 11, as amended, shall become effective July 1, 2026. Section 8. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 18 (Utility Service and Facilities on Customers Premises) is hereby amended as attached and incorporated. Utility Rule and Regulation 18, as amended, shall become effective June 1, 2026. Section 9. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 20 (Special Electric Utility Regulations) is hereby amended as attached and incorporated. Utility Rule and Regulation 20, as amended, shall become effective June 1,2026. Section 10. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 21 (Special Water Utility Regulations) is hereby amended as attached and incorporated. Utility Rule and Regulation 21, as amended, shall become effective June 1, 2026. Section 11. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 22 (Special Gas Utility Regulations) is hereby amended as attached and incorporated. Utility Rule and Regulation 22, as amended, shall become effective June 1, 2026. Section 12. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 23 (Special Wastewater Utility Regulations) is hereby amended as attached and incorporated. Utility Rule and Regulation 23, as amended, shall become effective June 1, 2026. Section 13. Pursuant to section 12.20.010 of the Palo Alto Municipal Code, Schedule C-4 (Residential Rate Assistance Program) of the Palo Alto Utilities Rates and Charges is hereby amended to read as attached and incorporated. The foregoing Utility Rate Schedule, as amended, shall become effective July 1, 2026. ATTACHMENT A Section 14. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 15 (Metering Equipment) is hereby repealed as attached and incorporated. Utility Rule and Regulation 15, as repealed, shall become effective June 1, 2026. Section 15. The Council finds that the fees and charges adopted by this resolution are charges imposed for a specific government service or product provided directly to the payor that are not provided to those not charged, and do not exceed the reasonable costs to the City of providing the service or product. Section 16. Council finds that the adoption of this resolution is statutorily exempt from the California Environmental Quality Act (CEQA), pursuant to California Code of Regulations Title 14, Chapter 3, Section 15273(a), because the fees and charges proposed are necessary to recover the cost of providing utility service and meet operating expenses. After reviewing the reports presented, the Council incorporates these documents herein and finds that sufficient evidence has been presented setting forth with specificity the basis for this claim of CEQA exemption. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: ____________________________ _________________________________ City Clerk Mayor APPROVED AS TO FORM: _________________________________ City Manager ____________________________ Senior Deputy City Attorney _________________________________ Director of Utilities _________________________________ Director of Administrative Services Attachment B: Table of URLs efinitions and Abbreviations Rule and Regulation 2 /files/assets/public/v/1/agendas minutes reports/agendas-minutes/city-council-agendas- minutes/2026/june/rules-and-regulations/rr-02-definitions-and- abbreviations.pdf ription of Utility Services Rule and Regulation 3 /files/assets/public/v/1/agendas minutes reports/agendas-minutes/city-council-agendas- minutes/2026/june/rules-and-regulations/rr-03-description-of- utility services.pdf Application for Service Rule and Regulation 4 /files/assets/public/v/1/agendas minutes reports/agendas-minutes/city-council-agendas- minutes/2026/june/rules-and-regulations/rr-04-application-of- utility services.pdf vice Contracts Rule and Regulation 5 /files/assets/public/v/1/agendas minutes reports/agendas-minutes/city-council-agendas- minutes/2026/june/rules-and-regulations/rr-05-service- contracts.pdf Disconnection, Termination and Restoration of Services Rule and Regulation 9 /files/assets/public/v/2/agendas minutes reports/agendas-minutes/city-council-agendas- minutes/2026/june/rules-and-regulations/rr-09-disconnection- termination-and-restoration-of-service.pdf Meters and Meter Reading Rule and Regulation 10 /files/assets/public/v/1/agendas minutes reports/agendas-minutes/city-council-agendas- minutes/2026/june/rules and regulations/rr 10 reading.pdf Billing, Adjustments and Payment of Bills Rule and Regulation 11 /files/assets/public/v/1/agendas minutes reports/agendas-minutes/city-council-agendas- minutes/2026/june/rules-and-regulations/rr-11-billing-adjustments- and-payments-of-bills.pdf Utility Service and Facilities on Customer Premises Rule and Regulation 18 /files/assets/public/v/2/agendas minutes reports/agendas-minutes/city-council-agendas- minutes/2026/june/rules-and-regulations/rr-18-utility-service- connections and facilities premis.pdf Special Electric Utility Regulations Rule and Regulation 20 /files/assets/public/v/1/agendas minutes reports/agendas-minutes/city-council-agendas- minutes/2026/june/rules-and-regulations/rr-20-special-electric- utility regulations.pdf Special Water Utility Regulations Rule and Regulation 21 /files/assets/public/v/1/agendas minutes reports/agendas-minutes/city-council-agendas- minutes/2026/june/rules-and-regulations/rr-21-special-water- utility regulations.pdf Special Gas Utility Regulations Rule and Regulation 22 /files/assets/public/v/1/agendas minutes reports/agendas-minutes/city-council-agendas- minutes/2026/june/rules-and-regulations/rr-22-special-gas-utility- regulations.pdf Special Wastewater Utility Regulations Rule and Regulation 23 /files/assets/public/v/1/agendas minutes reports/agendas-minutes/city-council-agendas- minutes/2026/june/rules-and-regulations/rr-23-special- wastewater-utility-regulations.pdf Residential Rate Assistance Program Utility Rate Schedule C-4 /files/assets/public/v/1/agendas minutes reports/agendas-minutes/city-council-agendas- minutes/2026/june/rules-and-regulations/utility-rate-schedule-c-4- residential assistance program.pdf