BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2758
                                                                  Page  1

          Date of Hearing:   May 28, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                  AB 2758 (Bradford) - As Amended:  April 27, 2010 

          Policy Committee:                              UtilitiesVote:9-2

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:  No

           SUMMARY  

          This bill expands the reporting, by utilities regulated by the  
          Public Utilities Commission (PUC), of information on utility  
          procurement with women, minority, and disabled veteran business  
          enterprises (W/M/DVBEs).  Specifically, this bill:

          1)Requires each cable television corporation with annual  
            revenues exceeding $25 million to submit annually to the PUC a  
            plan-consistent with those already submitted by electrical,  
            gas, water, and telephone corporations-to increase procurement  
            with W/M/DVBEs.

          2)Requires the plans to be submitted by cable television  
            corporations, as well as plans currently required to be  
            submitted by electrical, gas, water, and telephone  
            corporations, to indicate which procurements are made with  
            W/M/DVBE enterprises with a majority of the enterprise's  
            workforce in California.

          3)Specifies renewable energy, wireless telecommunications,  
            broadband, smart grid and rail projects as categories for  
            which utilities should increase procurement from women,  
            minority and disabled veteran business enterprises. 

           FISCAL EFFECT  

          Minor absorbable costs to the PUC.

           COMMENTS  

           1)Background  . In 1986, the PUC adopted General Order 156 (GO  
            156), which created the Women-Owned and Minority-Owned  








                                                                  AB 2758
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            Business Enterprise (W/MBE) program to increase diversity in  
            various utility operations and procurement processes.  GO 156  
            requires PUC-regulated electrical, gas, and telephone  
            corporations with gross annual revenues exceeding $25 million  
            to submit annual detailed and verifiable plans that includes  
            short- and long-term goals and timetables for increasing W/MBE  
            procurement in all procurement categories. GO 156 was  
            subsequently codified, and the statutory requirements were  
            expanded to require reporting by water corporations and  
            require reporting on procurement with DVBEs.

           2)Purpose  . According to the author, this bill is intended to  
            capture information about the procurement practices of cable  
            corporations, who to date, have not chosen to voluntarily  
            submit information about their plans to increase procurement  
            with M/W/DVBEs. The author indicates that these companies  
            maintain a substantial presence in California and like other  
            utilities should be encouraged to share and improve their  
            efforts in this area.

           3)Opposition  . The California Cable & Telecommunications  
            Association (CCTA) argues that cable and broadband companies  
            are not public utilities and that state legislation that gave  
            the PUC authority to issue state franchises to cable video  
            providers also stipulates that the commission cannot impose  
            further requirements on franchise holders.

           4)Related Legislation  . AB 1918 (Davis), which passed this  
            committee last week, expands the PUC reporting requirements to  
            include wireless communications service providers.

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