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4.1 ERMUSR 10-10-2023UTILITIES COMMISSION MEETING TO:FROM: ERMU Commission Tony Mauren – Governance & Communications Manager MEETING DATE: AGENDA ITEM NUMBER: October 10, 20234.1 SUBJECT: Commission Policy Review – G.2a1 – Payment in Lieu of Taxes (PILOT) and Other Donations to the City of Elk River ACTION REQUESTED: Review the policy and provide any feedback. BACKGROUND/DISCUSSION: This monthcommissioners are reviewing policy G.2a1 – Payment in Lieu of Taxes (PILOT) and Other Donations to the City of Elk River to make comments, ask questions, or recommend updates. While a PILOT and other donations to a City from its municipal utilities are typical, these contributions should never inhibit ERMU’s ability to make repayment on debt, cause ERMU to become non-competitive, or inhibit needed investment in personnel or infrastructure to meet the needs of customers. ATTACHMENTS: ERMU Policy – G.2a1 – Payment in Lieu of Taxes (PILOT) and Other Donations to the City of Elk River ______________________________________________________________________________ Page 1 of 1 35 COMMISSIONPOLICY Section:Category: GovernanceGovernance Policies Policy Reference:Policy Title: Payment in Lieu of Taxes and Other G.2a1 Donations to the City of Elk River PURPOSE: The success of ERMU is linked with the success of our community. And the success of our community is linked with the operation of our city government and ERMU. ERMU was purchased by the City of Elk River in 1945 and separate governance was created per State Statute in 1947. Although governedseparately, ERMU is still an important component of our local government and our city services. It is typical for a municipal utility to provide a Payment in Lieu of Taxes (PILOT) and other donations to their city, regardless of a separation of governance. Although typical, this become non-competitive, or inhibit needed investment in personnel or infrastructure which may r customers. For these reasons the PILOT and other donations should be reviewed at least once every five (5) years by the ERMU Commission. POLICY: The PILOT and other donations to the City of Elk River shall be as follows: 1.Payment in Lieu of Taxes (PILOT)The PILOT transfer from Elk River Municipal Utilities electric customers,except customers qualifying for the Transmission TransformedService rate,within the corporate boundaries of the City of Elk River. For the customers that qualify for the Transmission TransformedServicerate,thePILOT transfer from ERMU to the City of Elk Rivershall befour percent (4%) of themargin remaining from the evenly split charge per kWh to cover dispatching,billing, and administrative costsincurredby the wholesale power provider and ERMU. 2.Donated ElectricityElk River Municipal Utilities shall donate all electricity to the City of Elk River for street lights and signal lights. ______________________________________________________________________________ Page 1of2 36 ERMU Commission PolicyG.2a1Payment in Lieu of Taxes and Other Donations to the City of Elk River ______________________________________________________________________________ 3.Donated WaterElk River Municipal Utilities shall donate water for use by the Elk River Fire Department (ERFD) for the purpose of extinguishing fires within the City of Elk River and other cities under contract with the ERFD. For the purpose of creating ice rinks for public/ non-enterprise use, ERMU shall donate water for use by the Elk River Parks Department. Elk River Municipal Utilities shall donate water for the use by the Elk River Streets Department for the use of street sweeping. 4.Donated LaborBecause of specialized skills and equipment, ERMU may be able to provide a better value to our community by donating labor to the City of Elk River. For example, ERMU has trained employees and the equipment to hang banners where the City does not. In this example, ERMU is able to provide this donated service to the City for less cost than a third party, creating greater value to our community. For such situations, ERMU shall donate labor to the City of Elk River, as appropriate, where a greater value is created for our community and where ERMU is not subjected to undue burden. In addition to hanging banners, other examples include: maintenance of street lighting, relamping signal lights, locating underground fiber optics and/or other facilities, administration costs associated with the billing of city franchise fees, installation of temporary lighting, relamping of city ball field lighting, installation and/or maintenance of POLICYHISTORY: Adopted December 6, 1994 Revised June 6, 2008 Revised July 2, 2013 Revised October 13, 2015 Revised January 1, 2016 Revised October 8, 2019 Revised May 11, 2021 ______________________________________________________________________________ Page 2of2 37