Cities Index.
Attachment 2

Burbank City Council
June 3, 2025

Document
Attachment 2
Meeting
June 3, 2025
Body
Burbank City Council
Original file
219 KB
Text extracted from the city's file for reading and search. Open the original on burbank.granicus.com. That file is the official record.

ATTACHMENT 2
A2-1

SUMMARY OF PROPOSED CHANGES
BWP RULES AND REGULATIONS1
2025

1 Non-substantive or typographical changes are not noted here.

Article/Section Revision Reason

1.10(h) 1.10 (h) A Customer making any material change in the size, character or extent of the equipment, operations, or nature of land use at the Customer's premises shall immediately give BWP written notice of the nature and extent of the change. Changes that result in new or additional loads that require modifications, adjustments or upgrades to BWP facilities will be completed [by BWP] at customer cost.

Services are
designed for
an expected
use; when the
use changes
significantly,
the existing
service
infrastructure
may not be
designed to
accommodate
that new use.

This rule
change
clarifies that
when
customers
change their
use beyond
what the
service is
designed to
accommodate
they are
responsible
for the cost of
ATTACHMENT 2
A2-2
upgrades to
serve the new
load.

1.10(k)

1.10 (k) Only a single water service connection shall be provided for properties zoned R-1, regardless of whether an accessory dwelling unit (ADU) is present. Separate water service connections will not be installed for ADUs on R-1 zoned properties.

This provision
will ensure
that an R1-
zoned
property,
whether with
or without an
ADU, is
limited to a
single water
service
connection.

This measure
will prevent
potential
cross-
connections
and eliminate
the need for
multiple
backflow
prevention
devices on a
single
property,
enhancing
both safety
and
regulatory
compliance.

ATTACHMENT 2
A2-3

1.43 PAYMENT ARRANGEMENTS

Staff has
added a
section
providing the
specific rules
related to the
administration
of customers
entering into
payment
arrangements
with BWP.

1.43(a) 1.43 (a) A payment arrangement refers to an agreement made between Burbank Water and Power (BWP) and its customers regarding when payment will be made. It can include details such as the amount of each payment, the frequency of payments, any interest or fees involved, and the timeline for completing the payments.

Payment arrangements are commonly used in situations where a large sum of money is owed but cannot be paid in full by the due date, allowing for manageable installment payments over time. A payment arrangement temporarily suspends the termination of services and pauses late notices and fees for the length of the extension granted and so long as customer is complying with the terms of such payment arrangement.

1.43(b) 1.43 (b) Customers may be eligible for a payment arrangement if their account is active, they have a history of timely payments prior to the current financial hardship, they are facing temporary financial difficulties due to unforeseen circumstances such as illness, job loss, or other emergency situations.

1.43(c) 1.43 (c) Customers must contact BWP’s customer service department to request a payment arrangement. Customers may contact BWP by phone, email, or in person. BWP will review the request and determine eligibility based on the customer's circumstances and payment history.

ATTACHMENT 2
A2-4
Customer agrees to provide all reasonable information and documentation to BWP in its review of Customer eligibility.

1.43(d) 1.43 (d) Customers facing financial difficulties may request an installment plan to spread their outstanding balance over a period of 3- 9 months, or 12 months upon approval of the General Manager or designee.

1.43(e) 1.43 (e) Payment arrangements are granted at the discretion of BWP and may be subject to specific terms and conditions. Payment arrangements will be tailored to the customer's individual circumstances and ability to pay. The duration of the payment arrange ment and the amount of each installment will be mutually agreed upon between the customer and BWP. Customers must adhere to the agreed- upon payment schedule and make timely payments as per the arrangement.

1.43(f) 1.43 (f) Failure to adhere to the terms of a payment arrangement will result in termination of the arrangement and the customer may be disconnected without further notice. Additional fees, disconnection of service, or other collection actions as permitted by BWP Rules and Regulations and the City of Burbank fee schedule may apply.

BWP acknowledges that not all customers will be able to pay in full to restore service. To be reconnected after being disconnected for failure to adhere to the terms of a payment arrangement, the full portion of the outstanding balance that is in arrears m ust be paid in full with guaranteed funds (Cash, Credit Card, Cashier Checks or Money Order).

1.43(g) 1.43 (g) BWP acknowledges that some customers may find it challenging to adhere to a payment arrangement. To qualify for a second payment arrangement if one has been previously non-adhered to, customers must enroll in autopay using an electronic payment method and pay 50% of the outstanding balance via guaranteed funds (Cash, Credit Card, Cashier Checks or Money Order). If the customer does not have access to electronic payment method, they must enroll for the Flash Pay program, where payments will be proce ssed via check, with no processing fee.

1.44 LIFELINE PROGRAM Section
number
ATTACHMENT 2
A2-5
updated due
to added
sections

1.44(a) 1.44 (a) BWP offers a discounted rate for low-income Customers who are either (1) seniors over 62; (2) persons with a permanent disability or (3) persons that require the use of life support equipment in their home.

Income eligible Customers are exempt from the monthly Customer Service Charge, Utility User’s Tax, and receive reduced rates on their electric service. Life Support Customers who do not meet the income qualifications shall be exempt from the Utility User’s Tax.

New section
number

1.44(b) 1.44 (b) All required information and paperwork must be submitted with the Lifeline application in order for the application to be reviewed.

Additional efficiency program participation may be required prior to application approval.

New section
number

1.44(c) 1.44 (c) In the event there is an interruption of service due to an outage or disconnection for non-payment, it is the Customer’s responsibility to have battery back-up for any Life Support equipment required by the Customer.

New section
number

1.44(d) 1.44 (d) In the event BWP becomes aware of any false or fraudulent statements or information submitted in writing or verbally, BWP reserves the right to back bill the Customer (s) for services rendered under the Lifeline Rate.

New section
number

2.01(j) 2.01 (j) BWP uses the following thresholds for determining a development’s required electrical facilities based on BWP’s estimate of that development’s peak electrical demand. For the purposes of defining thresholds for required facilities, a development is considered a premise or group of premises, originally planned or constructed with a coordinated electrical design, utility construction, or entitlement, even if later subdivided or separated. The required electrical facilities consider full build-out of all entitlements of the development, and in cases where additional electrical demand is proposed, the sum of all existing or entitled electrical demand of the entire development in This update
clarifies the
required
facilities by
service size,
available
primary
voltages, and
the required
redundancy
ATTACHMENT 2
A2-6
addition to any proposed new electrical demand. An electric services agreement between the Customer and BWP will be required for all services 750 kVA and above:

Below 750 kVA Radial service from 4.16 kV or 12.47 kV system from a pole, riser pole, or pullbox. BWP requires onsite transformation for all new three-phase
services above 200A and single-phase services
above 400A. If more than one padmount transformer is required, it must be loop-fed.
750 kVA – 2.99MVA One looped 12.47 kV feeder or service with primary feeder and a back-up. The Customer can request an alternate source if available. Any service 750 kVA and above requires a padmount switch. BWP requires allows for two padmount transformers and a bus tie at the low side (277/480) voltage for load higher than 1500 kVA at customer request and cost. If more than one padmount transformer is required, it must be loop-fed.
3 MVA – 4
.99 MVA One looped 12.47 kV or 34.5 kV feeder plus a back-up 12.47 kV feeder from a diverse switch. BWP requires at least two padmount transformers, and a padmount switch. All padmount transformers and padmount switches must be loop fed. BWP allows for two padmount transformers and a bus tie at the low side (277/480) voltage for load higher than 1500 kVA at customer request and cost. and a bus tie at the low side.
5 MVA and above A dedicated 69 kV to 12.47 kV substation, with at least two power transformers and two high side lines. A special contract between the Customer and BWP may will be required to recover the cost of power supply establishing service depending upon the nature and magnitude of the load.
to match
current
design
standards.

This update
also clarifies
how BWP
determines
thresholds,
especially
where new
electrical
demand is
added to
existing sites
that retain
their existing
services or
where entitled
projects do
not complete
a full build out
of all
entitlements.

This update
clarifies when
BWP will
require a
service
contract to
clarify how
service will be
provided and
how costs will
apply. This
ATTACHMENT 2
A2-7
update
clarifies what
costs BWP
will recover
for extra large
services.

2.13 (a) 2.13 (a) BWP may supply service at primary voltages of 2,400/4,160Y, 7,200/12,470Y, or 34,500 deltas only if Staff determines that the size and character of loads so warrant and meet the following requirements:
(1) The Customer has qualified Staff on board to properly operate and maintain high voltage equipment.
(2) BWP will not be obligated to repair or replace Customer -owned equipment or to supply spare parts of equipment owned, operated, and maintained by the Customer. BWP will make every effort to provide assistance, but will not be responsible for any delays in the restoration of a Customer’s service caused by Customer-owned equipment. (3) BWP will require two padmount switches to feed each side of the double-ended primary switchgear.
(4) Service is limited to a minimum of 200A and a maximum of 400A at 12,470V.
(5) Primary service will not be available for any service with a calculated demand below 3MVA.

This update
clarifies the
required
facilities for
primary
service to
match the
proposed
changes in

2.01(j) and
the required
redundancy
to match
current
design
standards.

This update
clarifies
minimum
service size
for primary
service to
limit impacts
to the
protection of
distribution
circuits.

ATTACHMENT 2
A2-8

2.21 2.21 POWER FACTOR
BWP encourages Customers to maintain a power factor of at least 90%. (Refer to Part 3, Section 3.18(g) for specific power factor rate penalties and credits.) For loads larger than 250 kW, BWP may require a power factor correction higher than 90%.

Referenced
section no
longer exists.

2.34 (b) 2.34 (b) No permanent structures, open patios, or balconies shall be erected underneath any high-voltage overhead conductor regardless of vertical clearance.

Clarifies
prohibited
structures
underneath
BWP primary
lines.

3.01 (b) https://www.burbankwaterandpower.com/electric/residential- electric-rates-and-charges
https://www.burbankwaterandpower.com/electric/rates-and-charges New URL

3.26 (g) 3.26 (g) Off-Site Facility Charges.

1. Capacity Charge. A Customer or Developer requesting a new, upgraded or replacement metered electric panel (a “Customer- Developer”) will be charged a Capacity Charge based on the kVA demand of such new, upgraded, or replaced metered electric panels, which will be applied according to the current City of Burbank Fee Resolution. The kVA demand is calculated using the following:
(a) Residential Panel Factor. A 20% factor is used to calculate the kVA demand of an all-residential metered electric panel (excluding associated metered house panels). If the panel is fully rated, a 25% factor is used to calculate the kVA demand for that panel. For multi- metered panels, the kVA demand is based on the aggregate of each metered branch circuit.
i. For multi-metered panels, the kVA demand is based on the aggregate of each metered branch circuit.
ii. For multi-metered panels up to 400A with less than 10 units the demand is calculated per the following table:

This change
simplifies the
capacity
charge
calculation for
high-volume
residential
and small
multi-family to
make it easier
to understand
and calculate.

This change
pro-rates the
credit applied
by the
expected
lifespan of a
substation (60
ATTACHMENT 2
A2-9

Example 1: A Customer-Developer is proposing a new 200A 240V single phase electric residential panel. The kVA demand is 200A x 240V x 20% equaling 9,600 VA (9.6 kVA)
Example 2: A Customer-Developer is proposing a new 200A 240V fully rated single phase electric residential panel. The kVA demand is 200A x 240V x 25% equaling 12,000 VA (12kVA).
(b) Commercial Panel Factor. A 65% factor is used to calculate the kVA demand of a commercial metered electric panel
(including meter house panels feeding any commercial
service). If the panel is fully rated, an 81.25% factor is used to calculate the kVA demand for that panel.

Example 1: A Customer-Developer is proposing a new 200A 480V three phase electric commercial panel. The kVA demand is 200A x 480V x 1.73 x 65% equaling 107,952 VA (108 kVA)
Example 2: A Customer-Developer is proposing a new 200A 480V fully rated three phase electric commercial panel. The kVA demand is 200A x 480V x 1.73 x 81.25% equaling 134,940 VA (135 kVA) (c) Credit. For metered electric panel upgrades or replacements, a credit for the kVA demand of the existing permitted metered panel (to be removed) will be applied towards the kVA demand of the proposed metered panel (to be installed). Credit for an existing metered panel may only be applied if the metered electric panel has been permitted in its existing form, capacity, and location through a finalized Building Division electric permit years) to
accurately
capture costs.

ATTACHMENT 2
A2-10
and still exists on site in the location it was permitted. The credit is pro-rated based on existing panel’s permitted installation year and a 60-year capacity lifecycle. In case of a reduction in kVA demand after application of credit, no Capacity Charge payment is due to the Customer-Developer.

Credit may not be transferred between Premises.

Example: A Customer-Developer is proposing to upgrade an existing permitted 100A 480V three phase electric commercial panel to a 200A 480V three phase electric commercial panel. The kVA demand is calculated as 200A x 480V x 1.73 x 65% equaling 107,952 VA with an applied credit of 100A x 480V x 1.73 x 65% equaling 53,976VA. The kVA demand with credit applied is 107,952 VA - 53,976 VA equaling 53,976 VA (54.0 kVA).

Example: A customer is proposing to upgrade an existing 100A 480V three phase electric commercial panel permitted and installed 20 years ago (40 years credit left based on 60-year capacity lifecycle) to a 200A 480V three phase electric commercial panel. The kVA demand is calculated as 200A x 480V x 1.73 x 65% or 107,952 VA with an applied credit of 100A x 480V x 1.73 x 65% x 40/60 or 36,002VA. The kVA demand is equal to 107,952 VA minus 36,002 VA or 71,950 VA (72.0 kVA).

4.31 (a) 4.31 (a) An Applicant applying for water service to a lot with no prior service, which is adjacent to a water distribution main, installed by or at direct cost to BWP according to BWP records, shall, before such application is accepted, pay to BWP a Water Distribution Main Charge. The charge shall be based on the entire footage of the lot as measured on the side adjacent to the main from which the service is to be taken.

Applicants for water service to a lot adjacent to a water main installed pursuant to Section 4.33 shall pay a prorated share of the costs based on the original installation costs.

Section 4.33
was omitted
from the last
round of
revisions,
cleaning up
language on
this round.

ATTACHMENT 2
A2-11

4.35 (a) 4.35 (a) Should state law change or should there be a conflict between the state law and these Rules and Regulations; the state law shall govern. California Administrative Code, Title 17 —Public. The State Water Board adopted its Cross-Connection Control Plan Handbook (CCCPH) on July 1, 2024 under the Safe Drinking Water Act (SDWA), which established enforceable Standards for California’s Public Water Systems such as Burbank Water and Power (BWP). These standards are included in the BWP Cross-Connection Control Plan (CCCP).

Health, as amended, insofar as it is applicable to the protection of the water supply of BWP is hereby incorporated herein as if set forth in full.

The State of
California
updated their
regulations
concerning
backflow
prevention.

Our regulator,
the Division of
Drinking
Water (DDW),
recently
informed us
that our Rules
and Regs
need to be
updated to
reflect the
changes at
the State
level. As
such, we
need to
remove
reference to
the old
standards
(Title 17),and
refer to the
new
standards
under the
Safe Drinking
Water Act.

Doing so will
ATTACHMENT 2
A2-12
give BWP the
authority to
enforce the
cross-
connection
regulations as
required in
the recently
adopted
Cross
Connection
Control Policy
Handbook by
the State.

5.04 (a) 5.04 (a) Size, Location, and Installation of Service Line. BWP reserves the right to determine the size of the service lines, the service connections, the meters, and shall also have the right to determine the kind and size of backflow protection devices for potable and recycled water service. The service lines shall be lead-free and be installed to the property line of the Customer's property, abutting the public street or easement of the recycled water main. Any service for 120/208 or 277/480 volt shall require onsite transformation, depending on the field conditions.

Added
verbiage to
specify lead-
free service
lines.

Part 6 PART 6 WATER RATES, FEES AND CHARGES
Water supplied to the City used for extinguishing fires, sewer flushing, storm drain flushing, and street sweeping shall be supplied free of charge.

Current Water Rates, Fees (including development fees and plan reviews), and Charges are enumerated in the current City of Burbank Fee Resolution, Article XI, Water Rates and Charges, on file at the City Clerk's Office, and on our website at
www.burbankwaterandpower.com (Current Rate Resolution).

Water
Division
intends to
charge for
Development
and Plan
Review fees
to recoup
labor costs for
these
reviews.

ATTACHMENT 2
A2-13

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