(A) There is hereby imposed a tax upon every person using gas in the city which is delivered through a pipeline distribution system. The tax imposed by this section shall be at the rate of six percent of the charges made for such gas, including all services related to the storage, transportation and delivery of such gas.
(B) (1) As used in this section, the term
CHARGES shall apply to all services, components and items for gas service that are:
(a) Necessary or common to the receipt; use and enjoyment of gas service; or
(b) Currently, or historically have been, included in a single or bundled rate for gas service by a local distribution company to a class, of retail customers.
(2) The term
CHARGES shall include, but is not limited to, the following charges:
(a) The commodity charges for purchased gas, or the cost of gas owned by the service user (including the actual costs attributed to drilling, production, lifting, storage, gathering, trunkline, pipeline, and other operating costs associated with the production and delivery of such gas), which is delivered through a gas pipeline distribution system;
(b) Gas transportation charges (including interstate charges to the extent not included in commodity charges);
(c) Storage charges; provided, however, that the service supplier shall not be required to apply the tax to any charges for gas storage services when the service supplier cannot, as a practical matter, determine the jurisdiction where such stored gas is ultimately used; but it shall be the obligation of the service user to self-collect the amount of tax not applied to any charge for gas storage by the service supplier and to remit the tax to the appropriate jurisdiction;
(d) Capacity or demand charges, late charges, service establishment or reestablishment charges, transition charges, customer charges, minimum charges, annual and monthly charges, and any other charges which are necessary or common to the receipt, use and enjoyment of gas service; and
(e) Charges, fees, or surcharges for gas services or programs, which are mandated by the California Public Utilities Commission or the Federal Energy Regulatory Commission, whether or not such charges, fees, or surcharges appear on a bundled or line item basis on the customer billing.
(C) As used in this section, the term
CHARGES shall include the value of any other services, credits, property of every kind or nature, or other consideration provided by the service user in exchange for the gas or services related to the delivery of such gas.
(D) The Tax Administrator, from time to time, may survey the gas service suppliers to identify the various unbundled billing components of gas retail service that they commonly provide to residential and commercial/industrial customers in the city, and the charges therefore, including those items that are mandated by state or federal regulatory agencies as a condition of providing such gas service. The Tax Administrator, thereafter, may issue and disseminate to such gas service suppliers an administrative ruling identifying those components and items which are:
(1) Necessary or common to the receipt, use or enjoyment of gas service; or
(2) Currently, or historically have been, included in a single or bundled rate for gas service by a local distribution company to a class of retail customers. Unbundled charges for such components and items shall be subject to the tax of division (A) above.
(E) The tax otherwise imposed by this section is not applicable to:
(1) Charges made for gas which is to be resold and delivered through mains and pipes;
(2) Charges made for gas to be used in the generation of electricity by an electrical corporation;
(3) Charges made by a gas corporation for gas used and consumed in the conduct of its business;
(4) Charges made for gas used in water pumping by water corporations.
(F) The tax on gas provided by self-production or by a non-utility service supplier not under the jurisdiction of this chapter shall be collected and remitted in the manner set forth in § 5.76.060 of this chapter. All other taxes imposed by this section shall be collected from the service user by the gas service supplier or its billing agent, the Administrator, and must be received by the Tax Administrator on or before the twentieth day of the following month; or, at the option of the person required to collect and/or remit the tax, such person shall remit an estimated amount of tax measured by the tax billed in the previous month or upon the payment pattern of the service user, which must be received by the Tax Administrator on or before the twentieth day of the following month, provided that the service user shall submit an adjusted payment or request for credit, as appropriate, within 60 days following each calendar quarter. The credit, if approved by the Tax Administrator, may be applied against any subsequent tax bill that becomes due.
(G) Notwithstanding the provisions of division (A) hereinabove, the City Council may, by Resolution, to be adopted on or before May 15 of each year, reduce the tax rate of division (A) and/or adopt a maximum tax for certain classes of customers, for the ensuing fiscal year as set forth in said Resolution. Unless the City Council re-adopts said Resolution by May 15 of the subsequent year, the tax percentage reduction and any other actions taken (e.g. establishment of a maximum tax) shall automatically expire and be discontinued, and the original voter-approved tax percentage shall apply, without the necessity of a vote of the people.
(1995 Code, § 5.76.050) (Ord. 09-04, passed 12-1-2009; Ord. 05-1958, passed - -2005)