Just Say No to Big Brother’s Smart Meters by Orlean Koehle
it shall be of no further force and effect. Section 9. The City Clerk is hereby directed to cause this interim ordinance to be published once in the official newspaper within fifteen (15) days after its adoption. ********************************
CITY ORDINANCE for FAIRFAX NO. 752
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FAIRFAX ADOPTED AS AN URGENCY MEASURE ESTABLISHING A TEMPORARY MORATORIUM ON THE INSTALLATION OF SMARTMETERS AND RELATED EQUIPMENT WITHIN THE TOWN OF FAIRFAX OR IN, ALONG, ACROSS, UPON, UNDER AND OVER THE PUBLIC STREETS AND PLACES WITHIN THE TOWN OF FAIRFAX, AND DECLARING THE URGENCY THEREOF:
The Town Council of the Town of Fairfax, California does ordain as follows:
Section I. Findings: A. The Town of Fairfax (the “Town”), through its police powers granted by Article XI of the California Constitution, retains broad discretion to legislate for public purposes and for the general welfare, including but not limited to matters of public health, safety and consumer protection.
B.
In addition, the Town retains authority under Article XII, Section 8 of the Constitution to grant franchises for public utilities, and pursuant to California Public Utilities Code section 6203, “may in such a franchise impose such other and additional terms and conditions…, whether governmental or contractual in character, as in the judgment of the legislative body are to the public interest.”
C. Further, Public Utilities Code section 2902 reserves the Town’s right to supervise and
regulate public utilities in matters affecting the health, convenience and safety of the general public, “such as the use and repair of public streets by any public utility, the location of the poles, wires, mains, or conduits of any public utility, on, under, or above any public streets, and the speed of common carriers operating within the limits of the municipal corporation.”
D. Pacific Gas & Electric Company (“PG&E”) is now installing SmartMeters in Central and
Northern California and will be installing these meters in Fairfax in the very near future. PG&E has already installed antennae to support the SmartMeter system at four sites within the public rights of way in the Town without obtaining permits from the Town as required by Section19.04 of the Town Code. Further, PG&G did not comply with Section XIV of General Order 131-D of the California Public Utilities Commission (the “CPUC”), which requires a utility to consult with the local jurisdiction on land use matters prior to locating its facilities.
E. Concerns about the impact and accuracy of SmartMeters have been raised nationwide,
leading the Maryland Public Service Commission to deny permission on June 21, 2010 for the deployment of SmartMeters in that state. The State of Hawaii Public Utility Commission also recently declined to adopt a smart grid system in that state. The CPUC currently has pending before it a petition from the City and County of San Francisco, the Town of Fairfax and other municipalities, seeking to delay the implementation of SmartMeters until the questions about their accuracy can be evaluated.
F. Indeed, major problems and deficiencies with SmartMeters in California have been brought
to the attention of the Fairfax Town Council, including PG&E’s confirmation that SmartMeters have provided incorrect readings costing ratepayers untold thousands of dollars in overcharges and PG&E’s records outlined “risks” and “issues” including an ongoing inability to recover real-time 87
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