Chapter 5.30
UTILITY CONSUMER CHOICE
Sections:
5.30.010 Title.
This chapter shall be known as the Josephine County Utility Consumer Choice Ordinance. [Ord. 2018-006 § 1.]
5.30.020 Purpose and intent.
The purpose of this chapter is to protect the citizens of Josephine County from arbitrary and excessive charges by providing consumer choice. [Ord. 2018-006 § 3.]
5.30.030 Definitions.
For the purposes of this chapter:
A. “Economic Hardship” means a utilization calculation or meter reading compensation that is already covered, or can be covered, by the total service cost, or that exceeds the reading charge specifically applied to the most commonly used type of meter in Josephine County.
B. “Provider” means an entity that is engaged in providing electricity or electric service to rate-paying consumers, whether residential, agricultural, commercial or industrial. [Ord. 2018-006 § 4.]
5.30.040 Authority.
The Board of Commissioners of Josephine County has authority to regulate matters of County concern within the County, under the provisions of the constitution of the state of Oregon, the statutes of the state of Oregon, and the Charter of Josephine County. [Ord. 2018-006 § 5.]
5.30.050 Prohibited actions.
A. Providers must provide nonradio frequency digital, digital broadcasting or nonbroadcasting, and noncomputerized analog reading and reporting methods to consumers who request such services.
B. No provider may impose an economic hardship through its meter reading or utilization reporting method on a minority of the population without affording a low- or no-cost alternative.
C. On or before March 1st of each year, The Board of Josephine County Commissioners shall identify to providers all consumers who will incur an economic hardship due to the type of meter reading or utilization reporting method used by the consumer.
D. If the provider has installed a smart meter prior to the effective date of the ordinance codified in this chapter and the consumer whose service is affected by that smart meter requests that the provider remove the meter, the provider must remove the smart meter and replace it with a nonradio frequency, digital broadcasting or nonbroadcasting, or noncomputerized analog meter as requested by the consumer within 30 days after receiving the request. The consumer shall have 90 days after the effective date of the ordinance codified in this chapter to make the request, in writing, to the provider.
E. Providers must maximize the availability of alternative reading or reporting methods for consumers who request such services. [Ord. 2018-006 § 6.]
5.30.060 Penalties.
Each violation of the terms or provisions of this chapter is a Class A violation, the fine for which is $2,000 for each such violation. Each assessment, charge, or fee is a separate violation, even if assessed against a single consumer. [Ord. 2018-006 § 7.]
5.30.070 Rulemaking.
The Board of County Commissioners may adopt through Board order rules establishing the criteria for a determination of economic hardship. [Ord. 2018-006 § 8.]