BILL NUMBER: AB 2104 CHAPTERED 09/29/06 CHAPTER 738 FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2006 APPROVED BY GOVERNOR SEPTEMBER 29, 2006 PASSED THE ASSEMBLY AUGUST 14, 2006 PASSED THE SENATE AUGUST 10, 2006 AMENDED IN SENATE JUNE 15, 2006 AMENDED IN ASSEMBLY MAY 30, 2006 AMENDED IN ASSEMBLY APRIL 5, 2006 INTRODUCED BY Assembly Member Lieber (Principal coauthor: Senator Dunn) (Coauthors: Assembly Members Jones and Laird) (Coauthors: Senators Bowen and Romero) FEBRUARY 17, 2006 An act relating to energy. LEGISLATIVE COUNSEL'S DIGEST AB 2104, Lieber Energy: California Alternate Rates for Energy program. (1) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations and gas corporations. Existing law requires the commission to establish a program of assistance to low-income electric and gas customers, referred to as the California Alternate Rates for Energy (CARE) program. Existing law requires, when gas or electric service is provided by a master-meter customer to users who are tenants of a mobilehome park, apartment building, or similar residential complex, that the master-meter customer charge each user at the same rate as would apply if the user were receiving gas or electricity directly from the gas or electrical corporation. This bill would require the commission, by December 31, 2007, to improve the CARE application process for tenants of a mobilehome park, apartment building, or similar residential complex receiving electric or gas service from a master-meter customer through a submetered system by developing processes whereby electrical corporations and gas corporations are able to directly accept CARE applications from those tenants and to directly notify and provide renewal applications to tenants that are existing CARE customers. These requirements would be repealed on January 1, 2008. (2) The existing Public Utilities Act requires the commission to require every electrical and gas corporation to notify each master-meter customer of its responsibilities to submetered customers. This bill would require the commission, by December 31, 2007, to improve the CARE program by developing processes whereby every electrical corporation and gas corporation is required to timely provide each master-meter customer with a list of tenants who are approved to receive discounts pursuant to the CARE program, which list specifically identifies those tenants added to or deleted from CARE program eligibility since the previous billing cycle. These requirements would be repealed on January 1, 2008. (3) Under existing law, a violation of an order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the bill would require commission action to implement its requirements upon electrical corporations and gas corporations, and because a violation of any of the actions of the commission described above implementing its requirements would be a crime, the bill would impose a state-mandated local program by creating a new crime. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. (a) The Public Utilities Commission shall, by December 31, 2007, improve the California Alternative Rates for Energy or CARE program application process for tenants of a mobilehome park, apartment building, or similar residential complex, receiving electric or gas service from a master-meter customer through a submetered system pursuant to Section 739.5, by doing both of the following: (1) Developing processes whereby electrical corporations and gas corporations are able to directly accept CARE applications from tenants of a mobilehome park, apartment building, or similar residential complex. (2) Developing processes whereby electrical corporations and gas corporations are able to directly notify and provide renewal applications to tenants of a mobilehome park, apartment building, or similar residential complex, that are existing CARE customers. (b) The Public Utilities Commission shall, by December 31, 2007, improve the CARE program by developing processes whereby each electrical corporation and gas corporation is required to provide each master-meter customer that is subject to Section 739.5 with a list of tenants who are approved to receive discounts pursuant to the CARE program. The list shall specifically identify those tenants added to or deleted from CARE program eligibility since the previous billing cycle. (c) This section shall remain in effect only until January 1, 2008, and as of that date is repealed, unless a later enacted statute, that is chaptered before January 1, 2008, deletes or extends that date. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.