BILL NUMBER: AB 1316 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 1, 2009
AMENDED IN ASSEMBLY MAY 13, 2009
AMENDED IN ASSEMBLY MAY 5, 2009
AMENDED IN ASSEMBLY APRIL 22, 2009
INTRODUCED BY Assembly Member Ma
(Coauthor: Assembly Member Furutani)
FEBRUARY 27, 2009
An act to amend Sections 382 and 382.1 of the Public Utilities
Code, relating to public utilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 1316, as amended, Ma. Public utilities: low-income customers.
Existing law requires the Public Utilities Commission to establish
a program of assistance to low-income electric and gas customers,
which is referred to as the California Alternate Rates for Energy
(CARE) program. Existing law establishes the Low-Income Oversight
Board, composed of 11 members, for the purpose of advising the
commission on low-income electric, gas, and water customer issues and
serving as a liaison for the commission to low-income ratepayers and
representatives. The board is required, to the extent possible,
to monitor and evaluate all proceedings before the commission that
impact low-income electricity, gas, and water customers.
Existing law requires the commission, with the assistance of the
board, to conduct periodically an assessment of the needs of
low-income electricity and gas ratepayers. The board is authorized to
establish a technical advisory committee and to request utility
representatives and the staff of the commission to assist the
technical advisory committee.
This bill would require the board
president of the commission to report biannually to
the Legislature regarding appear annually before
the appropriate policy committees of the Senate and Assembly to
report on the status of low-income programs, and to the extent
possible, the results of each assessment. The board would be
required to review and make recommendations to the commission
regarding the proposed budgets for programs provided to low-income
electricity, gas, and water customers. The bill would delete
that requirement that the board monitor and evaluate certain
proceedings. The bill would delete the authority of the board
to establish a technical advisory committee but would require the
board to establish an advisory committee to assist the board. The
bill would also expand the membership of the board to include a
member selected by the State Air Resources Board.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 382 of the Public Utilities Code is amended to
read:
382. (a) Programs provided to low-income electricity customers,
including, but not limited to, targeted energy-efficiency services
and the California Alternate Rates for Energy program shall be funded
at not less than 1996 authorized levels based on an assessment of
customer need.
(b) In order to meet legitimate needs of electric and gas
customers who are unable to pay their electric and gas bills and who
satisfy eligibility criteria for assistance, recognizing that
electricity is a basic necessity, and that all residents of the state
should be able to afford essential electricity and gas supplies, the
commission shall ensure that low-income ratepayers are not
jeopardized or overburdened by monthly energy expenditures. Energy
expenditure may be reduced through the establishment of different
rates for low-income ratepayers, different levels of rate assistance,
and energy efficiency programs.
(c) Nothing in this section shall be construed to prohibit
electric and gas providers from offering any special rate or program
for low-income ratepayers that is not specifically required in this
section.
(d) The commission shall allocate funds necessary to meet the
low-income objectives in this section.
(e) Commencing in 2002, an assessment of the needs of low-income
electricity and gas ratepayers shall be conducted periodically by the
commission with the assistance of the Low-Income Oversight Board.
The assessment shall evaluate low-income program implementation and
the effectiveness of weatherization services and energy efficiency
measures in low-income households. The assessment shall consider
whether existing programs adequately address low-income electricity
and gas customers' energy expenditures, hardship, language needs, and
economic burdens.
(f) The Low-Income Oversight Board shall report biannually to the
Legislature regarding
(f) The president of the commission
shall annually appear before the appropriate policy committees of the
Senate and Assembly to report on the status of low-income
programs, including, but not limited to, CARE participation rates,
the number of low-income households served, current and proposed
outreach efforts, and, to the extent possible, the results of each
assessment conducted pursuant to subdivision (e).
SEC. 2. Section 382.1 of the Public Utilities Code is amended to
read:
382.1. (a) There is hereby established a Low-Income Oversight
Board, which shall may advise the
commission on all low-income electric, gas, and water customer issues
and shall serve as a liaison for the commission to low-income
ratepayers and representatives. The Low-Income Oversight Board shall
do all of the following to represent the needs and interests of
low-income ratepayers:
(1) Monitor and evaluate implementation of all programs provided
to low-income electricity, gas, and water customers.
(2) Review and make recommendations regarding the proposed budgets
for programs described in paragraph (1) prior to approval by the
commission.
(3) Assist the commission in the development and analysis of any
assessments of low-income customer need.
(4) Encourage collaboration between state and utility programs for
low-income electricity and gas customers to maximize the leverage of
state and federal energy efficiency funds to both lower the bills
and increase the comfort of low-income customers.
(5) Provide reports information to
the Legislature, as requested, summarizing the assessment of need,
audits, and analysis of program implementation.
(6) Provide recommendations to the Legislature, as requested, on
policy or legislation impacting low-income customers.
(7) Assist the commission in streamlining the application and
enrollment process of programs for low-income electricity and gas
customers with other nongas and electric low-income programs,
including, but not limited to, the Universal Lifeline Telephone
Service (ULTS) program and, including compliance with Section 739.1.
(8) Encourage the usage of the network of community service
providers in accordance with Section 381.5.
(9) To the extent possible, monitor and evaluate all proceedings
before the commission that impact low-income electricity, gas, and
water customers.
(10) Solicit public input and recommendations through town hall
meetings and other forums that target underserved areas.
(9) To the extent possible, solicit public input and
recommendations from underserved communities through community
outreach activities such as town hall meetings and forums.
(b) The Low-Income Oversight Board shall be composed of 12 members
to be selected as follows:
(1) Five members selected by the commission who have expertise in
the low-income community and who are not affiliated with any state
agency or utility group. These members shall be selected in a manner
to ensure an equitable geographic distribution.
(2) One member selected by the Governor.
(3) One member selected by the commission who is a commissioner or
commissioner designee.
(4) One member selected by the Department of Community Services
and Development.
(5) One member selected by the commission who is a representative
of private weatherization contractors.
(6) One member selected by the commission who is a representative
of an electrical or gas corporation.
(7) One member selected by the commission who is a representative
of a water corporation.
(8) One member selected by the State Air Resources Board.
(c) The Low-Income Oversight Board shall alternate meeting
locations between northern, central, and southern California.
(d) The Low-Income Oversight Board shall establish an advisory
committee to assist the board in its duties. The committee may
request assistance from the commission staff, utility
representatives, low-income service providers, and consumer
organizations.
(e) The commission shall do all of the following in conjunction
with the board:
(1) Work with the board, interested parties, and community-based
organizations to increase participation in programs for low-income
customers.
(2) Provide technical support to the board.
(3) Ensure that the energy burden of low-income electricity and
gas customers is reduced.
(4) Provide formal notice of board meetings in the commission's
daily calendar.
(f) (1) Members of the board shall be eligible for compensation in
accordance with state guidelines for necessary travel.
(2) Members of the board who are not salaried state service
employees shall be eligible for reasonable compensation for
attendance at board meetings.
(3) All reasonable costs incurred by the board in carrying out its
duties pursuant to subdivision (a), including staffing, travel, and
administrative costs, shall be reimbursed through the public
utilities reimbursement account and shall be part of the budget of
the commission and the commission shall consult with the board in the
preparation of that portion of the commission's annual proposed
budget.