State Codes and Statutes

Statutes > California > Puc > 6354-6354.1

PUBLIC UTILITIES CODE
SECTION 6354-6354.1



6354.  (a) Surcharges calculated pursuant to Section 6353 shall be
recovered from the transportation customer through the energy
transporter's normal billing process.
   (b) Surcharges collected from the transportation customer shall be
remitted to the municipality granting a franchise pursuant to this
division in the manner and at the time prescribed for payment of
franchise fees in the energy transporter's franchise agreement. In
recognition of costs to be incurred by energy transporters in
administering the surcharge established by this chapter, the energy
transporter may retain interest earned on cash balances resulting
from the timing difference between the monthly collection of the
surcharge and the remittance thereof, as required by individual
franchise agreements.
   (c) In the event that payment on a transportation customer closed
account becomes more than 90 days delinquent, or a transportation
customer notifies the utility that they refuse to pay the surcharge,
the energy transporter shall, within 30 days, notify the municipality
of the delinquency and provide information on the name and address
of the delinquent transportation customer and the surcharge amount
owed. The energy transporter shall not be liable for these delinquent
surcharges.
   (d) The municipality, including its authorized officials,
employees and agents shall use the delinquent transportation customer
information only for the purpose of enforcing the surcharge and
shall not disclose the information to any officials, employees,
agents, or any third parties who are not responsible for and involved
in the enforcement of the municipality's franchise agreements.
Nothing herein precludes the municipality, through appropriate
officials, employees or agents, from contacting the transportation
customers in order to collect any surcharges due from the
transportation customer.
   (e) By March 31 of each year, every person, firm, or corporation
that transports gas or electricity to any other person, firm, or
corporation within a municipality, upon request of the municipality,
shall provide the names and addresses of each of its transportation
customers and such other information for the preceding calendar year
as may be necessary for the municipality to enforce its taxes and
fees. The municipality, including its authorized employees and
agents, shall use the transportation customer information and any
other customer specific information only for the purpose of enforcing
its taxes and fees and shall not disclose the information to any
officials, employees, agents, or any third parties not responsible
for, and involved in, the enforcement of the taxes and fees. Nothing
in this subdivision shall prohibit the municipality, through
appropriate officials, employees, or agents, from contacting the
customers in order to collect any taxes and fees due from the
customer.
   (f) Notwithstanding any other provision of law, any transportation
customer information provided by an energy transporter to a
municipality pursuant to this chapter or pursuant to a utility user
tax ordinance is not a public record within the definitions contained
in the Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code).
   (g) In acknowledgment of the potential for systems startup costs
to be incurred by the energy transporters in implementing this
chapter, authorization is hereby granted for each energy transporter
to retain 10 percent of the added fees collected pursuant to this
chapter on transported gas or electricity for systems startup costs
not to exceed seven hundred fifty thousand dollars ($750,000),
provided that the portion of collections withheld by the energy
transporter shall be apportioned to all municipalities based upon
each municipality's share of total franchise fees allocated by the
transporter in the prior calendar year.
   (h) Surcharges collected pursuant to this chapter shall be
separately identified on the transportation customer's normal bill.
At the request of the energy transporter, the municipality shall
publish notice in a newspaper of general circulation announcing the
change in method of collecting franchise fees brought about by
deregulation. Energy transporters may send out notice to
transportation customers announcing the change in method of
collecting franchise fees through the surcharge. The mailing costs
incurred by the energy transporter shall be considered to be part of
the implementation costs referenced in subdivision (g).
   (i) In the case of partial payment by a transportation customer,
the transportation customer payment shall first be applied to the
energy transporter charges. Only after all energy transporter charges
have been satisfied, shall remaining payment amounts be used to
satisfy the municipality's surcharge requirement.
   (j) Energy transporter collection of the surcharge shall begin on
or before April 1, 1994. During the interim period between expiration
of the targeted sales program and implementation of the energy
transporters surcharge collection program, upon request of the
municipality, the energy transporter shall provide the municipality
with a monthly list of the names and addresses of the transportation
customers within the municipality's jurisdiction, the volume of
transported gas in therms, the applicable tariffed core subscription
weighted average cost of gas (WACOG) exclusive of any California
sourced franchise factor, and the franchise fee factor authorized by
the commission to enable the municipality to collect the surcharge
directly from the transportation customers. Notwithstanding any other
provision of law, except as provided in Section 6352, a municipality
is hereby authorized to collect an interim surcharge computed in
accordance with Section 6353 until the energy transporter commences
billing of the surcharge pursuant to this chapter.



6354.1.  As an alternative to the requirements of subdivision (h) of
Section 6354, an energy transporter may elect to state on each
customer's bill, including both transportation customers and
customers receiving bundled services, the amount of that bill which
is attributable to local franchise fee charges.

State Codes and Statutes

Statutes > California > Puc > 6354-6354.1

PUBLIC UTILITIES CODE
SECTION 6354-6354.1



6354.  (a) Surcharges calculated pursuant to Section 6353 shall be
recovered from the transportation customer through the energy
transporter's normal billing process.
   (b) Surcharges collected from the transportation customer shall be
remitted to the municipality granting a franchise pursuant to this
division in the manner and at the time prescribed for payment of
franchise fees in the energy transporter's franchise agreement. In
recognition of costs to be incurred by energy transporters in
administering the surcharge established by this chapter, the energy
transporter may retain interest earned on cash balances resulting
from the timing difference between the monthly collection of the
surcharge and the remittance thereof, as required by individual
franchise agreements.
   (c) In the event that payment on a transportation customer closed
account becomes more than 90 days delinquent, or a transportation
customer notifies the utility that they refuse to pay the surcharge,
the energy transporter shall, within 30 days, notify the municipality
of the delinquency and provide information on the name and address
of the delinquent transportation customer and the surcharge amount
owed. The energy transporter shall not be liable for these delinquent
surcharges.
   (d) The municipality, including its authorized officials,
employees and agents shall use the delinquent transportation customer
information only for the purpose of enforcing the surcharge and
shall not disclose the information to any officials, employees,
agents, or any third parties who are not responsible for and involved
in the enforcement of the municipality's franchise agreements.
Nothing herein precludes the municipality, through appropriate
officials, employees or agents, from contacting the transportation
customers in order to collect any surcharges due from the
transportation customer.
   (e) By March 31 of each year, every person, firm, or corporation
that transports gas or electricity to any other person, firm, or
corporation within a municipality, upon request of the municipality,
shall provide the names and addresses of each of its transportation
customers and such other information for the preceding calendar year
as may be necessary for the municipality to enforce its taxes and
fees. The municipality, including its authorized employees and
agents, shall use the transportation customer information and any
other customer specific information only for the purpose of enforcing
its taxes and fees and shall not disclose the information to any
officials, employees, agents, or any third parties not responsible
for, and involved in, the enforcement of the taxes and fees. Nothing
in this subdivision shall prohibit the municipality, through
appropriate officials, employees, or agents, from contacting the
customers in order to collect any taxes and fees due from the
customer.
   (f) Notwithstanding any other provision of law, any transportation
customer information provided by an energy transporter to a
municipality pursuant to this chapter or pursuant to a utility user
tax ordinance is not a public record within the definitions contained
in the Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code).
   (g) In acknowledgment of the potential for systems startup costs
to be incurred by the energy transporters in implementing this
chapter, authorization is hereby granted for each energy transporter
to retain 10 percent of the added fees collected pursuant to this
chapter on transported gas or electricity for systems startup costs
not to exceed seven hundred fifty thousand dollars ($750,000),
provided that the portion of collections withheld by the energy
transporter shall be apportioned to all municipalities based upon
each municipality's share of total franchise fees allocated by the
transporter in the prior calendar year.
   (h) Surcharges collected pursuant to this chapter shall be
separately identified on the transportation customer's normal bill.
At the request of the energy transporter, the municipality shall
publish notice in a newspaper of general circulation announcing the
change in method of collecting franchise fees brought about by
deregulation. Energy transporters may send out notice to
transportation customers announcing the change in method of
collecting franchise fees through the surcharge. The mailing costs
incurred by the energy transporter shall be considered to be part of
the implementation costs referenced in subdivision (g).
   (i) In the case of partial payment by a transportation customer,
the transportation customer payment shall first be applied to the
energy transporter charges. Only after all energy transporter charges
have been satisfied, shall remaining payment amounts be used to
satisfy the municipality's surcharge requirement.
   (j) Energy transporter collection of the surcharge shall begin on
or before April 1, 1994. During the interim period between expiration
of the targeted sales program and implementation of the energy
transporters surcharge collection program, upon request of the
municipality, the energy transporter shall provide the municipality
with a monthly list of the names and addresses of the transportation
customers within the municipality's jurisdiction, the volume of
transported gas in therms, the applicable tariffed core subscription
weighted average cost of gas (WACOG) exclusive of any California
sourced franchise factor, and the franchise fee factor authorized by
the commission to enable the municipality to collect the surcharge
directly from the transportation customers. Notwithstanding any other
provision of law, except as provided in Section 6352, a municipality
is hereby authorized to collect an interim surcharge computed in
accordance with Section 6353 until the energy transporter commences
billing of the surcharge pursuant to this chapter.



6354.1.  As an alternative to the requirements of subdivision (h) of
Section 6354, an energy transporter may elect to state on each
customer's bill, including both transportation customers and
customers receiving bundled services, the amount of that bill which
is attributable to local franchise fee charges.


State Codes and Statutes

State Codes and Statutes

Statutes > California > Puc > 6354-6354.1

PUBLIC UTILITIES CODE
SECTION 6354-6354.1



6354.  (a) Surcharges calculated pursuant to Section 6353 shall be
recovered from the transportation customer through the energy
transporter's normal billing process.
   (b) Surcharges collected from the transportation customer shall be
remitted to the municipality granting a franchise pursuant to this
division in the manner and at the time prescribed for payment of
franchise fees in the energy transporter's franchise agreement. In
recognition of costs to be incurred by energy transporters in
administering the surcharge established by this chapter, the energy
transporter may retain interest earned on cash balances resulting
from the timing difference between the monthly collection of the
surcharge and the remittance thereof, as required by individual
franchise agreements.
   (c) In the event that payment on a transportation customer closed
account becomes more than 90 days delinquent, or a transportation
customer notifies the utility that they refuse to pay the surcharge,
the energy transporter shall, within 30 days, notify the municipality
of the delinquency and provide information on the name and address
of the delinquent transportation customer and the surcharge amount
owed. The energy transporter shall not be liable for these delinquent
surcharges.
   (d) The municipality, including its authorized officials,
employees and agents shall use the delinquent transportation customer
information only for the purpose of enforcing the surcharge and
shall not disclose the information to any officials, employees,
agents, or any third parties who are not responsible for and involved
in the enforcement of the municipality's franchise agreements.
Nothing herein precludes the municipality, through appropriate
officials, employees or agents, from contacting the transportation
customers in order to collect any surcharges due from the
transportation customer.
   (e) By March 31 of each year, every person, firm, or corporation
that transports gas or electricity to any other person, firm, or
corporation within a municipality, upon request of the municipality,
shall provide the names and addresses of each of its transportation
customers and such other information for the preceding calendar year
as may be necessary for the municipality to enforce its taxes and
fees. The municipality, including its authorized employees and
agents, shall use the transportation customer information and any
other customer specific information only for the purpose of enforcing
its taxes and fees and shall not disclose the information to any
officials, employees, agents, or any third parties not responsible
for, and involved in, the enforcement of the taxes and fees. Nothing
in this subdivision shall prohibit the municipality, through
appropriate officials, employees, or agents, from contacting the
customers in order to collect any taxes and fees due from the
customer.
   (f) Notwithstanding any other provision of law, any transportation
customer information provided by an energy transporter to a
municipality pursuant to this chapter or pursuant to a utility user
tax ordinance is not a public record within the definitions contained
in the Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code).
   (g) In acknowledgment of the potential for systems startup costs
to be incurred by the energy transporters in implementing this
chapter, authorization is hereby granted for each energy transporter
to retain 10 percent of the added fees collected pursuant to this
chapter on transported gas or electricity for systems startup costs
not to exceed seven hundred fifty thousand dollars ($750,000),
provided that the portion of collections withheld by the energy
transporter shall be apportioned to all municipalities based upon
each municipality's share of total franchise fees allocated by the
transporter in the prior calendar year.
   (h) Surcharges collected pursuant to this chapter shall be
separately identified on the transportation customer's normal bill.
At the request of the energy transporter, the municipality shall
publish notice in a newspaper of general circulation announcing the
change in method of collecting franchise fees brought about by
deregulation. Energy transporters may send out notice to
transportation customers announcing the change in method of
collecting franchise fees through the surcharge. The mailing costs
incurred by the energy transporter shall be considered to be part of
the implementation costs referenced in subdivision (g).
   (i) In the case of partial payment by a transportation customer,
the transportation customer payment shall first be applied to the
energy transporter charges. Only after all energy transporter charges
have been satisfied, shall remaining payment amounts be used to
satisfy the municipality's surcharge requirement.
   (j) Energy transporter collection of the surcharge shall begin on
or before April 1, 1994. During the interim period between expiration
of the targeted sales program and implementation of the energy
transporters surcharge collection program, upon request of the
municipality, the energy transporter shall provide the municipality
with a monthly list of the names and addresses of the transportation
customers within the municipality's jurisdiction, the volume of
transported gas in therms, the applicable tariffed core subscription
weighted average cost of gas (WACOG) exclusive of any California
sourced franchise factor, and the franchise fee factor authorized by
the commission to enable the municipality to collect the surcharge
directly from the transportation customers. Notwithstanding any other
provision of law, except as provided in Section 6352, a municipality
is hereby authorized to collect an interim surcharge computed in
accordance with Section 6353 until the energy transporter commences
billing of the surcharge pursuant to this chapter.



6354.1.  As an alternative to the requirements of subdivision (h) of
Section 6354, an energy transporter may elect to state on each
customer's bill, including both transportation customers and
customers receiving bundled services, the amount of that bill which
is attributable to local franchise fee charges.