BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2441
                                                                  Page  1

          Date of Hearing:   May 19, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                AB 2441 (Tom Berryhill) - As Amended:  April 27, 2010 

          Policy Committee:                               
          UtilitiesVote:14-1

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          The bill requires the Public Utilities Commission (PUC) to open  
          a ratemaking to reexamine the allocation among ratepayer classes  
          of the surcharge (Public Goods Charge (PGC)) on natural gas  
          customers, and in doing so consider job creation, job retention,  
          and job training. If the commission revises the allocation for a  
          gas utility that is not both an electrical and gas utility, two  
          years after such a revision, the PUC must report to the  
          Legislature on whether the change affected job creation, job  
          retention, and job training.

           FISCAL EFFECT 

          Cost to conduct a rulemaking reexamining a previous commission  
          decision would be absorbable. If a rulemaking leads to a revised  
          PGC allocation, the commission would incur one-time special fund  
          costs of up to $100,000 in contracts to report the impacts on  
          job creation, job retention, and job training. [Public Utilities  
          Reimbursement Account]

           COMMENTS  

           1)Background  .  AB 1002 (Wright)/Chapter 932 of 2000, required  
            the PUC to impose a surcharge on all natural gas consumed in  
            the state to fund the public purpose programs. Moneys  
            collected from this PGC fund energy efficiency and  
            conservation activities, public interest research and  
            development, assistance to low-income ratepayer through the  
            California Alternative Rates for Energy (CARE) program. For  
            2009, PGC collections from gas ratepayers totaled about $531  
            million (about 7% of total gas utility costs): $167.5 million  








                                                                  AB 2441
                                                                  Page  2

            for energy efficiency programs, $101.7 million for low-income  
            energy efficiency, $24.7 million for public interest research  
            and development, and $237.6 million for the CARE program.

           2)Purpose  .  Large industrial ratepayers are concerned that costs  
            for the CARE program are escalating.  CARE costs increased 37%  
            between 2007 and 2009. The prior version of AB 2441, which is  
            sponsored by the California League of Food Processors,  
            required the PUC to set the PCG rate for large commercial and  
            industrial non-core customers at 25% of the rate for other  
            customers. (Non-core customers arrange for procurement and  
            transportation of their own gas supplies.) The author is  
            concerned about the economic burden that the PCG places on a  
            limited number of firms, particularly industrial businesses  
            that provide this subsidy for programs from which they do not  
            directly benefit.  The most recent amendments deleted the  
            mandatory reallocation and instead direct the PUC to open a  
            proceeding to reexamine this issue.

            In a prior proceeding to determine the appropriate allocation  
            of costs for the PGC, the PUC concluded that for electrical  
            corporations and for public utilities that are both electrical  
            corporations and gas corporations, costs of the CARE program  
            would be assessed on an equal cents per kilowatthour or equal  
            cents per therm basis to all classes of customers that were  
            subject to the surcharge.  This was codified by SB 695  
            (Kehoe)/Chapter 337 of 2009.  As such, this codified formula  
            applies to PG&E and San Diego Gas and Electric ratepayers.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081