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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: ______
Resolution No.
RESOLUTION NO. ____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, AUTHORIZING THE
DEPARTMENT OF PUBLIC UTILITIES TO APPLY FOR AND
PARTICIPATE IN THE CALI FORNIA EXTENDED WATER
AND WASTEWATER ARREARAGE PAYMENT PROGRAM
WHEREAS, Section 19.55 (17) of the State Budget Act of 2021, as established by Assembly Bill No. 128 (Chapter 21, Statutes of 2021) and as amended by Senate Bill No. 129 (Chapter 69, Statutes of 2021), provided nearly $1 bil lion to the State Water Resources Control Board (SWRCB) to administer the California Water and Wastewater Arrearage Payment Program (CWWAPP) to provide relief to community water and wastewater systems for unpaid bills related to the pandemic; and WHEREAS, Council previously adopt ed Resolutions 2021-303 and 2022-061 authorizing the Department of Public Utilities to apply fo r and participate in CWWAPP; and
WHEREAS, on July 10, 2023, Governor Newsom signed a budget trailer bill expanding the arrearages program; and
WHEREAS, this new Extended Wate r and Wastewater Arrearage Payment Program (Extended Arrearage Program) extends the COVID Relief Period to December 31, 2022, with the state legislature allocating the remaining $600 million in American Rescue Plan Act of 2021 for this Program; and
WHEREAS, on October 3, 2023, the SWRCB adopted Ex tended Arrearage Program guidelines es tablishing the process and crit eria for the allocation and
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administration of funds appropriated for the program, including customer notification and shut-off protection requirements; and
WHEREAS, the City operates a community water system and is a wastewater treatment provider with elig ible customers that have past due bills during the modified COVID-19 pandemic bill relief period; and
WHEREAS, the City is eligible to appl y to receive Extended Arrearage Program funding on behalf of eligible customers; and
WHEREAS, eligible customers are a ll residential and commercial customers (commercial excludes industrial, agricultural irrigation, and landscape irrigation), past due bills means any customer bills that are 60 days or more past due and includes active, inactive accounts, and closed accounts, as well as customer accounts that have payment plans or payment arrangements, and the modified COVID-19 pandemic bill relief period means the period beginning with the first billing period on or after June 16, 2021, that does not contain June 15, 2021, to Dece mber 31, 2022, inclusive, and include any customer billing period that includes these dates; and
WHEREAS, within 60 days of receiving funds the City must allocate payments as bill credits to customers to help addre ss past-due bills incurred during the modified COVID-19 pandemic bill relief period and notif y customers of the amounts credited to their accounts; and
WHEREAS, the City may expend up to 3 per cent of the value reported in its application for customer arrears, or up to $1,000,000, whichever is less, for administrative costs incurred applying for or complyin g with the Extended Arrearage Program requirements; and
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WHEREAS, pending final determination of eligible customer accounts, the City has identified approximately 10,198 eligible residential and commercial accounts with $5.3 million in water arrears and approximately 10,125 eligible residential and commercial accounts with $3 million in wastewater arrears; and
WHEREAS, to receive Extended Arrearage Program funding on behalf of eligible customers the City must complete an application, including submitting all necessary data and information to support its request for Extended Arrearage Program funding.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
1. The City approves and supports t he Department of Public Utilities application for and participatio n in the California Extended Water and Wastewater Arrearage Payment Program (Extended Arrearage Program).
2. The Director of Public Utilities, or designee, is authorized to sign and file any and all documents necessary to apply for and receive moneys from the State Water Resources Control Board (SWRCB) for the Extended Arrearage Program.
3. The Director of Public Ut ilities, or designee, is authorized to provide any and all assurances, certifications, and commitments required to apply for and receive moneys from the SWRCB for the Extended Arrearage Program.
4. The Director of Public Utilities, or designee, is authorized and directed to represent the City in carrying out its res ponsibilities for participation in Extended Arrearage Program, including certifying disbursement requests on behalf of the City and compliance with applicable state laws.
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5. The Director of Public Utilities, or designee, is authorized to accept and expend funds from the Extended Arrearage Program in acco rdance with the guidelines adopted by the SWRCB.
6. This resolution shall be effective upon final approval. * * * * * * * * * * * * * *
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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, City Clerk of the City of Fresno, ce rtify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2023.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2023
Mayor Approval/No Return: , 2023
Mayor Veto: , 2023
Council Override Vote: , 2023
TODD STERMER, CMC
City Clerk
By:
Deputy Date
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Jennifer M. Quintanilla Date
Senior Deputy City Attorney