§ 154-130. Care and conserve program.

(a)

Findings.

(1)

Authority. The City of Atlanta pursuant to the Article IX, § II, Paras. II and III, and Art. IX, §IV, Para. II of the Constitution of the State of Georgia, O.C.G.A. § 36-34-5, and the Atlanta City Charter § 1-102(C)(9) has the authority to provide and the responsibility of providing drinking water and wastewater service to its water and sewer customers both inside and outside the corporate, boundaries of the City of Atlanta and to fix rates, charges and fees for same. The provision of clean drinking water and continuous wastewater service promotes the safety, health and general welfare of the City of Atlanta and its inhabitants pursuant to the Atlanta City Charter § 1-102(b).

(2)

Water conservation. The City of Atlanta finds that water is a vital resource that requires conservation to sustain adequate supplies for emergencies and future system needs as well as to protect water quality and the environment. Conservation of water supplies by various means is now required and encouraged by the United States of America through statutes such as 42 U.S.C. § 10302 and 42 U. S.C. § 6295; and the State of Georgia through Title 12, Chapter 5, Article 1; the Georgia Water Quality Control Act, O.C.G.A. § 12-5-20, et seq.; the. Georgia Safe Drinking Water Act of 1977, O.C.G.A. 12-5-170, et seq.; the Metropolitan North Georgia Water Planning District Act, O.C.G.A.§ 12-5-470, et seq.; and O.C.G.A.§ 8-2-1 et seq.; among others. To conserve its vital water resources, the government of the City of Atlanta shall establish programs that expand customer access to water conserving measures, fixtures and devices.

(3)

Lifeline access to water and wastewater service. The City of Atlanta finds that it is standard practice throughout the United States for water and wastewater utilities to implement well-tailored programs that provide assurance of the availability of service to all customers, especially economically disadvantaged households. To assure lifeline access to water for economically disadvantaged customers, the government of the City of Atlanta shall establish programs that improve customer accessibility to the minimum quantity of water necessary to sustain life, safety, and health.

(4)

Sustainable infrastructure. The City of Atlanta finds that operation of the City's drinking water and wastewater system in an efficient and economical manner and on a revenue-producing basis is necessary to sustain strong public water and wastewater infrastructure. The City of Atlanta further finds that programs that assist customers with conserving water through installation of water conserving devices and repair of leaks in service lines, as well as programs that otherwise facilitate lifeline access to water and wastewater service by providing limited bill payment assistance to qualified customers provide a direct and substantial benefit to the drinking water and wastewater system and are therefore reasonable and customary costs of operating and maintaining the City of Atlanta's drinking water and wastewater system because they:

(i)

Retain customers;

(ii)

Avoid costs of disconnection and collections;

(iii)

Reduce bad debt expenses;

(iv)

Further federal, state and City policy to conserve water resources upon which the City relies;

(v)

Avoid or defer costly water supply enhancement projects and allow the City better leverage existing water resources;

(vi)

Reduce the likelihood of sewage spills; and

(vii)

Enhance the City's good will.

Further, the City of Atlanta finds that all of the foregoing enhance the City of Atlanta's ability to operate the drinking water and wastewater system in an economical manner and on a revenue-producing basis and are reasonably incurred in connection with the operation and maintenance of such system and will result in the combined benefits of providing assurance of the availability of service to all customers, enabling ratepayers to remain connected throughout particularly challenging periods, and enhancing water use efficiency among low-income households.

Further, the City of Atlanta finds that it is a national standard practice to fund conservation and affordability programs by combining system revenues (or receivable reductions) and local charitable contributions to fund program expenditures. Therefore, implementation of such programs will further the efficient and economical operation of the drinking water and wastewater system and are necessary expenses of operation and maintenance. Any benefit which may inure to private citizens in connection with or as a byproduct of the provision of these services is merely incidental to fulfilling the paramount public purposes served by such programs. When sufficient funds exist, system revenues may be utilized in part to fund conservation and affordability programs.

(5)

Care and Conserve Program. The achievement of the policies and purposes described in subsections (a)(1) through (a)(4) require that the Mayor or his designee, the Commissioner of the Department of Watershed Management, be charged to create a Care and Conserve Program that may provide certain services for qualified low-income customers of City's drinking water and wastewater system that further the policies declared in this Code Section. These services may include installation of water conserving devices, leak repairs for water and sewer service lines, residential plumbing repairs; and bill payment assistance to qualified customers.

(b)

Care and Conserve Program established. The City of Atlanta Care and Conserve Program is established for the purposes described in subsection (a), which shall include the provision of the following defined services for qualified low-income water and/or sewer customers of the City of Atlanta: installation of water conserving devices, leak repairs for water and server service lines, residential plumbing repairs, and bill payment assistance to qualified customers.

(c)

Funding sources. The Care and Conserve Program may be funded through corporate donations, customer contributions, revenues generated from cell tower lease agreements governing the use of properties used as part of the water or sewer system under the purview of the Department of Watershed Management or revenues generated from any service line warranty program or other revenue sources where funds are so designated for the Care and Conserve Program and/or the Care and Conserve Trust Fund through appropriate legislative authorization; and further such water and sewer revenues of the City's drinking water and wastewater system, as such funds may be properly authorized in an approved budget or other legislative authorization.

(d)

Annual Contribution to the Care and Conserve Program. The City may authorize and appropriate for the Care and Conserve Program such funds as may be designated in appropriate legislation at least annually from the authorized funding sources described in subsection (c). Approved funds shall constitute the City's annual contribution to the Care and Conserve Program, as a matching grant payable to the non-profit entity properly selected and awarded the HUD CDBG Grant. Should the HUD CDBG Grant not be awarded to a non-profit entity in any given calendar or fiscal year or if funds are not made available for the HUD CDBG Grant, the City may select and award funds from authorized City of Atlanta funding sources through a competitive grant selection process substantially similar to the selection process followed for the HUD CDBG Grant, which process shall be overseen by the Chief Financial Officer in connection with the Commissioner of the Department of Watershed Management, or their authorized designees. For purposes of this Section, "HUD CDBG Grant" means the annual selection, award and funding process for the Housing and Urban Development Community Development Block Grant for the Care and Conserve Program, which results in an agreement between the U.S. Housing and Urban Development, the grant recipient and the City of Atlanta, for the grant of certain federal grant funds to a non-profit entity to administer and provide services to City's qualified low-income water and/or sewer customers under the Care and Conserve Program ("HUD Contract").

(e)

Administration of the Care and Conserve Program. The Care and Conserve Program shall be administered by the non-profit entity selected and properly awarded the HUD CDBG grant or as may be otherwise selected by the City of Atlanta pursuant to subsection (d), which selection and award shall occur annually. The Care and Conserve Program administrator shall be required to comply with such program requirements provided in the grant selection process and all other procedures and program requirements as may be developed by the City of Atlanta in connection with its oversight and participation in the Care and Conserve Program. The HUD Contract shall govern the terms and conditions of the services to be provided by the grant recipient under the Care and Conserve Program, unless another agreement is executed with a grant recipient in the case that there is no HUD CDBG Grant.

(f)

Care and Conserve Program requirements. The Commissioner of the Department of Watershed Management is authorized to oversee and manage on behalf of the City all aspects of the Care and Conserve Program, including the development of grant recipient criteria, program requirements, program processes and oversight and management of the grant recipient and its administration of the Care and Conserve Program service delivery as may be needed to ensure the Successful implementation of the Care and Conserve Program consistent with this section.

(Ord. No. 2013-14(13-O-0119), § 1, 5-15-13)