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I Section 1: The foregoing recitals are true and correct and are adopted and incorporated <br />2 herein by reference as findings of fact of the Board. <br />3 Sgction 2. On the basis of the evidence submitted by the Public Utilities Department during <br />4 the Board's public hearing, the Board hereby finds and determines that the establishment of the public <br />5 benefits charge is not discretionary, and the public benefits charge is for the purpose of meeting <br />6 operating expenses of public benefits programs mandated by A.B. 1890, and is not for the purpose of <br />7 obtaining funds for capital projects for expansion of the Electrical Utility system, and the Board further <br />8 finds and determines that the public benefits charge is exempt from the provisions of the California <br />9 Environmental Quality Act (California Public Resources Code Section 21000 et seq.) under Public <br />10 Resources Code Section 21080(a) and (b)(8). <br />11 Section • The public benefits charge of 2.85% of total electricity usage charges on local <br />12 distribution services is hereby adopted and established under and pursuant to A.B. 1890 and Section <br />13 1202(e) of the City Charter, and shall become effective January 1, 1998. <br />14 Section 4: The Public Utilities shall commence collection of the public benefits charge on <br />15 the first billing after January 1, 1998 for all total electricity usage charges on local distribution services <br />16 commencing on January 1, 1998 and thereafter. <br />17 Section 5: The Public Utilities shall retain the public benefits charges collected until such <br />18 time as the Public Utilities Board has recommended and the City Council has adopted such <br />19 recommendations for expenditure of public benefits charge funds for public benefits programs within <br />20 the four categories set forth in A.B. 1890. <br />21 BE IT FURTHER RESOLVED that the Secretary of the Board shall forthwith deliver this <br />22 Resolution to the City Clerk for City Council review and approval. <br />23 11 <br />24 II <br />25 11 <br />26 /1 <br />27 11 <br />City Attorney's office <br />3900 Main Street <br />Riverside, CA 92522 <br />(909)782-5567 <br />—2— <br />