Amended in Assembly April 24, 2013

Amended in Assembly April 16, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 922

Introduced by Assembly Member Patterson

February 22, 2013

An act to begin insert amend Section 739.1 of, and to end insert add Section 739.11 to begin insert , end insert the Public Utilities Code, relating to public utilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 922, as amended, Patterson. Public utilities: rates: CARE program: eligibility.

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(1) Under

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begin insert Under end insert existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical and gas corporations, as defined. The Public Utilities Act authorizes the commission to fix the rates and charges for every public utility, and requires that those rates and charges be just and reasonable. Existing law requires the commission to designate a baseline quantity of electricity and gas necessary for a significant portion of the reasonable energy needs of the average residential customer, and requires that electrical and gas corporations file rates and charges, to be approved by the commission, providing baseline rates, and requires the commission, in establishing baseline rates, to avoid excessive rate increases for residential customers. The act 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 or CARE program. begin delete A violation of the act is a crime. end delete begin insert Existing law requires the commission to work with electrical and gas corporations to establish penetration goals for the CARE program. end insert

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This bill would require the CARE application process to require an applicant to submit proof of income when applying for enrollment. The bill would require the applicant to submit the information under the penalty of perjury. Because the bill would create a new crime, the bill would impose a state-mandated local program. The bill would require an electrical or gas corporation to conduct a random audit to participants in the CARE program to ensure continued eligibility of the participants. The bill would require the removal of participants found to be ineligible and would require the electrical or gas corporation to establish a procedure by which a participant may challenge the finding of ineligibility. The bill would specify the manner in which the monetary penalty is to be used.

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Because a violation of the above provision would be a crime, the bill would impose a state-mandated local program.

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(2) 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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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This bill would instead prohibit the commission from establishing penetration goals for the CARE program. The bill would require the commission to authorize an electrical or gas corporation to verify, by the submission of proof of income, the continuing eligibility of participants in the CARE program regardless of the manner in which the participant was first enrolled into the program.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 739.1 of the end insert begin insert Public Utilities Code end insert begin insert is
amended to read: end insert

739.1.  

(a) As used in this section, the following terms have
the following meanings:

(1) “Baseline quantity” has the same meaning as defined in
Section 739.

(2) “California Solar Initiative” means the program providing
ratepayer funded incentives for eligible solar energy systems
adopted by the commission in Decision 05-12-044 and Decision
06-01-024, as modified by Article 1 (commencing with Section
2851) of Chapter 9 of Part 2 and Chapter 8.8 (commencing with
Section 25780) of Division 15 of the Public Resources Code.

(3) “CalWORKs program” means the program established
pursuant to the California Work Opportunity and Responsibility
to Kids Act (Chapter 2 (commencing with Section 11200) of Part
3 of Division 9 of the Welfare and Institutions Code).

(4) “Public goods charge” means the nonbypassable separate
rate component imposed pursuant to Article 7 (commencing with
Section 381) of Chapter 2.3 and the nonbypassable system benefits
charge imposed pursuant to the Reliable Electric Service
Investments Act (Article 15 (commencing with Section 399) of
Chapter 2.3).

(b) (1) The commission shall establish a program of assistance
to low-income electric and gas customers with annual household
incomes that are no greater than 200 percent of the federal poverty
guideline levels, the cost of which shall not be borne solely by any
single class of customer. The program shall be referred to as the
California Alternate Rates for Energy or CARE program. The
commission shall ensure that the level of discount for low-income
electric and gas customers correctly reflects the level of need.

(2) The commission may, subject to the limitation in paragraph
(4), increase the rates in effect for CARE program participants for
electricity usage up to 130 percent of baseline quantities by the
annual percentage increase in benefits under the CalWORKs
program as authorized by the Legislature for the fiscal year in
which the rate increase would take effect, but not to exceed 3
percent per year.

(3) Beginning January 1, 2019, the commission may, subject
to the limitation in paragraph (4), establish rates for CARE program
participants pursuant to this section and Sections 739 and 739.9,
subject to both of the following:

(A) The requirements of subdivision (b) of Section 382 that the
commission ensure that low-income ratepayers are not jeopardized
or overburdened by monthly energy expenditures.

(B) The requirement that the level of the discount for
low-income electricity and gas ratepayers correctly reflects the
level of need as determined by the needs assessment conducted
pursuant to subdivision (d) of Section 382.

(4) Tier 1, tier 2, and tier 3 CARE rates shall not exceed 80
percent of the corresponding tier 1, tier 2, and tier 3 rates charged
to residential customers not participating in the CARE program,
excluding any Department of Water Resources bond charge
imposed pursuant to Division 27 (commencing with Section 80000)
of the Water Code, the CARE surcharge portion of the public
goods charge, any charge imposed pursuant to the California Solar
Initiative, and any charge imposed to fund any other program that
exempts CARE participants from paying the charge.

(5) Rates charged to CARE program participants shall not have
more than three tiers. An electrical corporation that does not have
a tier 3 CARE rate may introduce a tier 3 CARE rate that, in order
to moderate the impact on program participants whose usage
exceeds 130 percent of baseline quantities, shall be phased in to
80 percent of the corresponding rates charged to residential
customers not participating in the CARE program, excluding any
Department of Water Resources bond charge imposed pursuant to
Division 27 (commencing with Section 80000) of the Water Code,
the CARE surcharge portion of the public goods charge, any charge
imposed pursuant to the California Solar Initiative, and any other
charge imposed to fund a program that exempts CARE participants
from paying the charge. For an electrical corporation that does not
have a tier 3 CARE rate that introduces a tier 3 CARE rate, the
initial rate shall be no more than 150 percent of the CARE baseline
rate. Any additional revenues collected by an electrical corporation
resulting from the adoption of a tier 3 CARE rate shall, until the
utility’s next periodic general rate case review of cost allocation
and rate design, be credited to reduce rates of residential ratepayers
not participating in the CARE program with usage above 130
percent of baseline quantities.

(c) The commission shall begin delete work with electrical and gas
corporations to end delete begin insert not end insert establish penetration goals. The commission
shall authorize recovery of all administrative costs associated with
the implementation of the CARE program that the commission
determines to be reasonable, through a balancing account
mechanism. Administrative costs shall include, but are not limited
to, outreach, marketing, regulatory compliance, certification and
verification, billing, measurement and evaluation, and capital
improvements and upgrades to communications and processing
equipment.

(d) The commission shall examine methods to improve CARE
enrollment and participation. This examination shall include, but
need not be limited to, comparing information from CARE and
the Universal Lifeline Telephone Service (ULTS) to determine
the most effective means of utilizing that information to increase
CARE enrollment, automatic enrollment of ULTS customers who
are eligible for the CARE program, customer privacy issues, and
alternative mechanisms for outreach to potential enrollees. The
commission shall ensure that a customer consents prior to
enrollment. The commission shall consult with interested parties,
including ULTS providers, to develop the best methods of
informing ULTS customers about other available low-income
programs, as well as the best mechanism for telephone providers
to recover reasonable costs incurred pursuant to this section.

(e) (1) The commission shall improve the CARE application
process by cooperating with other entities and representatives of
California government, including the California Health and Human
Services Agency and the Secretary of California Health and Human
Services, to ensure that all gas and electric customers eligible for
public assistance programs in California that reside within the
service territory of an electrical corporation or gas corporation,
are enrolled in the CARE program. To the extent practicable, the
commission shall develop a CARE application process using the
existing ULTS application process as a model. The commission
shall work with public utility electrical and gas corporations and
the Low-Income Oversight Board established in Section 382.1 to
meet the low-income objectives in this section.

(2) The commission shall ensure that an electrical corporation
or gas corporation with a commission-approved program to provide
discounts based upon economic need in addition to the CARE
program, including a Family Electric Rate Assistance program,
utilize a single application form, to enable an applicant to
alternatively apply for any assistance program for which the
applicant may be eligible. It is the intent of the Legislature to allow
applicants under one program, that may not be eligible under that
program, but that may be eligible under an alternative assistance
program based upon economic need, to complete a single
application for any commission-approved assistance program
offered by the public utility.

(f) The commission’s program of assistance to low-income
electric and gas customers shall, as soon as practicable, include
nonprofit group living facilities specified by the commission, if
the commission finds that the residents in these facilities
substantially meet the commission’s low-income eligibility
requirements and there is a feasible process for certifying that the
assistance shall be used for the direct benefit, such as improved
quality of care or improved food service, of the low-income
residents in the facilities. The commission shall authorize utilities
to offer discounts to eligible facilities licensed or permitted by
appropriate state or local agencies, and to facilities, including
women’s shelters, hospices, and homeless shelters, that may not
have a license or permit but provide other proof satisfactory to the
utility that they are eligible to participate in the program.

(g) It is the intent of the Legislature that the commission ensure
CARE program participants are afforded the lowest possible
electric and gas rates and, to the extent possible, are exempt from
additional surcharges attributable to the energy crisis of 2000-01.

(h) (1) In addition to existing assessments of eligibility, an
electrical corporation may require proof of income eligibility for
those CARE program participants whose electricity usage, in any
monthly or other billing period, exceeds 400 percent of baseline
usage. The authority of an electrical corporation to require proof
of income eligibility is not limited by the means by which the
CARE program participant enrolled in the program, including if
the participant was automatically enrolled in the CARE program
because of participation in a governmental assistance program. If
a CARE program participant’s electricity usage exceeds 400
percent of baseline usage, the electrical corporation may require
the CARE program participant to participate in the Energy Savings
Assistance Program (ESAP), which includes a residential energy
assessment, in order to provide the CARE program participant
with information and assistance in reducing his or her energy usage.
Continued participation in the CARE program may be conditioned
upon the CARE program participant agreeing to participate in
ESAP within 45 days of notice being given by the electrical
corporation pursuant to this paragraph. The electrical corporation
may require the CARE program participant to notify the utility of
whether the residence is rented, and if so, a means by which to
contact the landlord, and the electrical corporation may share any
evaluation and recommendation relative to the residential structure
that is made as part of an energy assessment, with the landlord of
the CARE program participant. Requirements imposed pursuant
to this paragraph shall be consistent with procedures adopted by
the commission.

(2) If a CARE program participant’s electricity usage exceeds
600 percent of baseline usage, the electrical corporation shall
require the CARE program participant to participate in ESAP,
which includes a residential energy assessment, in order to provide
the CARE program participant with information and assistance in
reducing his or her energy usage. Continued participation in the
CARE program shall be conditioned upon the CARE program
participant agreeing to participate in ESAP within 45 days of a
notice made by the electrical corporation pursuant to this paragraph.
The electrical corporation may require the CARE program
participant to notify the utility of whether the residence is rented,
and if so, a means by which to contact the landlord, and the
electrical corporation may share any evaluation and
recommendation relative to the residential structure that is made
as part of an energy assessment, with the landlord of the CARE
program participant. Following the completion of the energy
assessment, if the CARE program participant’s electricity usage
continues to exceed 600 percent of baseline usage, the electrical
corporation may remove the CARE program participant from the
program if the removal is consistent with procedures adopted by
the commission. Nothing in this paragraph shall prevent a CARE
program participant with electricity usage exceeding 600 percent
of baseline usage from participating in an appeals process with the
electrical corporation to determine whether the participant’s usage
levels are legitimate.

(3) A CARE program participant in a rental residence shall not
be removed from the program in situations where the landlord is
nonresponsive when contacted by the electrical corporation or
does not provide for ESAP participation.

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begin insert SEC. 2. end insert   

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begin insert Section 739.11 is added to the end insert begin insert Public Utilities Code end insert begin insert ,
to read: end insert

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begin insert 739.11. end insert   

The commission shall authorize an electrical or gas
corporation to verify, by the submission of proof of income, the
continuing eligibility of a participant in the CARE program
regardless of the means by which the participant was first enrolled
into the CARE program.

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SECTION 1.  

Section 739.11 is added to the Public Utilities
Code, to read:

739.11.  

(a) The CARE application process developed pursuant
to paragraph (1) of subdivision (e) of Section 739.1 shall require
both of the following:

(1) The submission of proof of income by the applicant when
applying for enrollment.

(2) The information submitted with the application is submitted
by the applicant under the penalty of perjury.

(b) An electrical or gas corporation shall perform a random
audit of participants in the CARE program to ensure continued
eligibility of the participants.

(c) (1) Upon a finding of ineligibility pursuant to subdivision
(b), the electrical or gas corporation shall remove the ineligible
participant from the CARE program.

(2) The electrical or gas corporation shall establish a procedure
by which a participant may challenge the finding of ineligibility.

(3) Additional revenue collected by an electrical or gas
corporation resulting from the assessment of a penalty pursuant
to subparagraph (B) of paragraph (1) shall be used for both of the
following purposes:

(A) To reimburse the corporation for the costs of administering
this section.

(B) Until the corporation’s next periodic general rate case review
of cost allocation and rate design, to be a credit toward reducing
the rates of residential ratepayers not participating in the CARE
program.

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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.

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