2002-331FILE REFERENCE FORM 2002-331
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Amended b Ordinance No. 2003-262 09/02/03 JR
ORDINANCE NO. 2002- J,--3
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF
ELECTRIC RATES CONTAINED IN ORDINANCE NO. 2002-267; AMENDING AND
SUPERSEDING ALL PRIOR ORDINANCES WHICH CREATED AND DEALT WITH THE
DENTON MUNICIPAL ELECTRIC ENERGYSAVE PROGRAM IN ANY MANNER;
ADOPTING A NEW AMENDED ENERGYSAVE SCHEDULE (AMENDED SCHEDULE
EP); PROVIDING FOR THE EXPENDITURE OF FUNDS; ADOPTING DECLARATIONS
AND FINDINGS IN THE PREAMBLE; PROVIDING FOR A REPEALER; PROVIDING FOR
A SAVINGS CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR
RETROACTIVE RATIFICATION AND APPROVAL; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on the 17`h day of February, 1998, the City Council first passed and
approved Ordinance No. 98-046 which added an EnergySave Program (Schedule EP) to the
schedule of electric rates contained in Ordinance No. 97-236; and
WHEREAS, thereafter, on several occasions, the City Council passed and approved
amended EnergySave Schedules to address various needed revisions brought to its attention by
Denton Municipal Electric ("DME"); and
WHEREAS, the EnergySave program was in continuous effect from since February 17,
1998 until January 1, 2002, when the EnergySave program was cancelled, with the adoption of
the International Energy Conservation Code by an ordinance of the Council, that surpassed the
building standards of the program; and
WHEREAS, DME staff has continuously and carefully evaluated and assessed the goals,
purposes, application, and financial impact of the EnergySave Program, and DME staff has
recommended to the City Council, that in order for the City to substantially achieve the goals of
the EnergySave Program, that it is necessary and appropriate for the Council to reinstate and
amend Schedule EP in its entirety; and
WHEREAS, the City Council deems it in the public interest to so reinstate and amend the
EnergySave Program as provided for in the attached EnergySave Program (Amended Schedule
EP), effective October 1, 2002; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: That the Schedule of Rates for electric service as provided for in Chapter
26 of the Code of Ordinances of the City of Denton, Texas, in Ordinance No. 2002-267, is
hereby reinstated and amended by substituting the attached Energy Save Program, Amended
Schedule EP, effective October 1, 2002 for the schedule attached thereto; said ordinance is
accordingly, hereby amended, all as recited in the preamble to this ordinance, and as set forth
particularly in that certain Amended Schedule EP, effective October 1, 2002, attached hereto and
incorporated herewith by reference.
SECTION 2: That all of the declarations and findings contained in the preamble to this
ordinance are made a part hereof and shall be fully effective as a part of the ordained subject
matter of this ordinance.
SECTION 3: That all ordinances or parts of ordinances in force when the provisions of
this ordinance became effective which are inconsistent or in conflict with the terms or provisions
contained in Amended Schedule EP hereby enacted by this ordinance, are hereby repealed to the
extent of any such conflict.
SECTION 4: That the Council hereby authorizes the Assistant City Manager for
Utilities to expend designated funds to issue incentives in the form of rebates to DME customers
who qualify under the EnergySave Program Guidelines, pursuant to the terms of the Amended
Schedule EP, attached hereto, and subject to and pursuant to applicable financial constraints and
limitations; as adopted by this ordinance.
SECTION 5: That if any section, subsection, paragraph, sentence, clause, phrase or
word in this ordinance, or application thereof to any person or circumstances is held invalid by
any court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it
would have enacted such remaining portions despite any such invalidity.
SECTION 6: That the effective date of this amendment to EnergySave Program
(Amended Schedule EP) is hereby retroactively ratified and approved effective from and after
October 1, 2002; and a copy of said Amended Schedule EP, as amended hereby, shall be
maintained on file in the office of the City Secretary.
SECTION 7: That except as provided in Section 6 herein, this ordinance shall become
effective immediately upon its passage and approval..
PASSED AND APPROVED this the day of '2002.
Cjdln~ AC4~
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
d"Ojlj~~ By
4W
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By:
S:\Our Documents\Ordinances\02\ )ME-EnergySave Program Amendment 2002.doc
AMENDED SCHEDULE EP
EnergySave Program
(Effective 10/01/02)
Application/Program Summary
The objective of the EnergySave Program ("EnergySave") is primarily to reduce energy demand
and consumption, thereby allowing the customers of Denton Municipal Electric ("DME") to save
dollars on their utility bills, reducing the peak load of the City of Denton's electric system, and
promoting energy efficient heating and cooling. This program presented by DME is offering
incentives in the form of rebates to customers. Applicants may qualify for either Option I or
Option H, but not both options. The EnergySave Program will be in effect each fiscal year
beginning on October 1, until the allotted funding is depleted or until cancellation of the program
by DME. At the time the funds are depleted, no additional applications for participation will be
accepted until the next fiscal year.
Option I - HVAC Rebate
Purchase and install high-efficiency air conditioners or heat pumps for existing residential or
commercial facilities. Satisfying these requirements will improve a residential structure's heating
and cooling systems' operating efficiency.
1. Program Guidelines
A. All installations must be for accounts served by the DME and must meet all applicable
national, local, and manufacturers' codes and specifications.
B. To qualify for the equipment incentive, the equipment must be a minimum of 14
SEER/EER and must be new when installed.
C. All equipment must be purchased. No leased or lease/purchased equipment will
qualify for a cash rebate.
D. Installations must be made by licensed contractors and/or dealers.
E. No rebate will be paid on a partial replacement of an air conditioner. The condensing
unit and the evaporator coil must be replaced to qualify for a rebate.
F. Requests for payment must be received by DME within thirty (30) days of installation.
G. Equipment and installation must be permitted and inspected by the City's Building
Inspection Department before final approval for payment is issued.
H. The EnergySave Program guidelines and payments are subject to change by DME
without prior notice.
1. DME may, at any time, discontinue the EnergySave Program without prior notice.
J. Payments shall be credited to the recipients' utility account with DME.
II. General Procedures
A. Application
To qualify, dealer/installer must be registered as an authorized Denton Municipal
Electric EnergySave Authorized Dealer/Installer at the time of installation. An
application for equipment incentive must be completed and sent to Denton Municipal
Electric within sixty (60) days of installation of replacement equipment. Participating
dealers have application forms and will complete these forms for the purchaser. It is
the purchaser's responsibility to see that the dealer completes the form and submits it
to DME. All submissions are subject to lawful verification of identification and
entitlement to the EnergySave credit by Denton Municipal Electric.
B. Inspection
Installations of central air-conditioning systems must be permitted and will be
inspected by the City's Building Inspection Department, and must be approved before
rebates will be processed. All submissions are subject to lawful verification of
identification and entitlement to the EnergySave credit by Denton Municipal Electric.
C. Payments to Participants
Credits will be made to the purchaser of the qualifying replacement equipment.
Participating retail equipment dealers will receive a cash payment of $20.00 per unit
for the sale of qualifying window units, or qualifying central air conditioning systems,
or qualifying heat pumps, to offset their cost for properly filling out the applications for
purchasers of retrofit equipment. Dealer/histaller may be denied payment for failure to
follow program guidelines such as: failing to supply correct SEER/EER figures;
installing equipment which is not new, or failure to fill out rebate forms properly. All
submissions are subject to lawful verification of identification and entitlement to the
EnergySave credit by Denton Municipal Electric.
III. Payment Schedule
Type of Unit
Central Air Conditioning
Central Heat Pumps
Geothermal Heat Pump
SEER/EER Rating Incentive
14.0+
$600/unit
14.0+
$700/unit
14.0+
$700/unit
2
Room Air Conditioners 12.0+ $50/unit
Room Heat Pumps 12.0+ $50/unit
Option H - Structure Incentive
Structure incentives in the form of rebates to residential builders of single-family residences for
meeting specific DME structure requirements. Satisfying these construction requirements will
improve a residential structure's heating and cooling systems' operating efficiency. Apartments
and multiple unit residential structures will qualify for Option I - air conditioner rebates, but will
not qualify for Option II - structure incentive, if they meet the applicable EnergySave Program
Guidelines.
I. Program Guidelines
A. $2,000.00 per qualifying structure is offered to a builder or authorized agent.
B. Builder, or authorized agent, must be enrolled in the Denton Municipal Electric
EnergySave Program (EnergySave).
C. Each home participating in the EnergySave program must be registered with DME
prior to construction and must also comply with the 2000 IECC requirements relating
to residential structures.
D. A 1.54on or above central air conditioner or heat pump having a minimum efficiency
rating of 14 SEER, must be installed in the qualifying structure.
E. Must install minimum insulation of
R49
- ceiling (uniform application)
R30
- under-decking
R30
- cathedral or vaulted ceiling
R30
- floor
R13 -wall cavity
Insulation should not contact radiant barrier roof decking.
F. Exterior glass must meet minimum high-efficiency standards:
0.4 or below - Solar heat-gain coefficient
0.4 or below - U-factor
G. Programmable Thermostat - Must be EnergyStar approved
H. Radiant Barrier Decking:
Must maintain air gap between insulation and decking
I. Acceptable attic ventilation
Must have one square inch of ventilation per square foot of attic floor, or rate of air
exchange of entire volume of attic air once per minute
J. Homebuilders must also comply with all the applicable restrictions and guidelines set
forth by the International Residential Code (IRC).
H. General Procedures
A. Application
To qualify for residential structure incentives, a builder/developer or authorized agent
must be registered as an authorized Denton Municipal Electric EnergySave Authorized
Builder at the time of applying for the building permit. To become a recognized
EnergySave builder, applicant must complete and submit a Denton Municipal Electric
EnergySave Builder Application form to the Director of Electric Utilities. Applicant
must also meet the requirements listed in the IECC and EnergySave guidelines.
B. Inspections
All buildings and installations of central air-conditioning systems must be permitted
and will be inspected by the City's Building Inspection Department, and must be
approved before rebates will be processed. All submissions are subject to lawful
verification of identification and entitlement to the EnergySave credit by Denton
Municipal Electric. New structures will be routinely inspected by the City's Building
Inspection Department and will be randomly audited by DME inspectors to insure
adherence to the required energy efficient construction specifications.
C. Payments to Participants
Program participants are responsible for submitting correct information. DME will not
issue any additional payment unless the payment was incorrect due to a mistake in
processing by a City employee. Builders may be denied payment for failure to follow
program guidelines. All submissions are subject to lawful verification of identification
and entitlement to the EnergySave credit by DME.
SAOur Documents\Ordinances\02\DME-Amended Schedule EP 100102.doc