Amended in Senate May 29, 2014

Amended in Senate July 3, 2013

Amended in Assembly May 24, 2013

Amended in Assembly May 8, 2013

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 begin delete Patterson end delete begin insert Maienschein end insert

February 22, 2013

An act to begin delete amend Section 739.1 of the Public Utilities Code, relating to electrical and gas service end delete begin insert add Sections 17207.9, 17207.13, 24347.13, and 24347.14 to the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 922, as amended, begin delete Patterson end delete   begin insert Maienschein end insert . begin delete Electrical and gas service: rates: CARE program: eligibility. end delete begin insert Income taxes: deductions: disaster relief: County of San Diego. end insert

begin insert

The Personal Income Tax Law and the Corporation Tax Law provide for the carryover to specified taxable years of specified losses sustained as a result of certain disasters occurring in California in an area determined by the President of the United States to warrant specified federal assistance.

end insert begin insert

This bill would extend these provisions to losses sustained in the County of San Diego as a result of the wildfires that occurred in May 2014. This bill would authorize a taxpayer to make an election to claim a deduction for those losses on the tax return for the preceding year.

end insert begin insert

The Personal Income Tax Law and the Corporation Tax Law allow individual and corporate taxpayers to utilize net operating losses and carryovers and carrybacks of those losses for purposes of offsetting their individual and corporate tax liabilities. Existing law provides a carryover period of 20 years and allows net operating losses to be carrybacks to each of the preceding 2 taxable years, as provided.

end insert begin insert

This bill would authorize a taxpayer to make an election to claim a deduction for any losses sustained in the County of San Diego as a result of the wildfires that occurred in May 2014 on the tax return for the preceding year, as provided. This bill would provide that any provision of law that suspends, defers, reduces, or otherwise diminishes the deduction of a net operating loss does not apply to a net operating loss attributable to those wildfires that occurred in May 2014 in the County of San Diego.

end insert begin insert

This bill would make a legislative finding and declaration relating to the statewide public purpose served by the bill.

end insert begin insert

This bill would take effect immediately as a tax levy.

end insert begin delete

Under 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 with annual household incomes that are no greater than 200% of the federal poverty guideline levels, referred to as the California Alternate Rates for Energy or CARE program. Existing law requires the commission to examine methods to improve CARE enrollment and participation, including 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.

end delete begin delete

This bill would prohibit the commission from using any means to determine CARE program eligibility that results in eligibility being extended to customers who’s income exceeds 200% of the federal poverty guideline levels and would require that any methods adopted by the commission to improve CARE enrollment and participation not result in eligibility being extended to customers who’s income exceeds 200% of the federal poverty guideline levels.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 17207.9 is added to the end insert begin insert Revenue and
Taxation Code end insert begin insert , to read: end insert

begin insert

begin insert 17207.9. end insert   

(a) An excess disaster loss, as defined in subdivision
(c), shall be carried to other taxable years as provided in
subdivision (b), with respect to losses sustained in the County of
San Diego as a result of the wildfires that occurred in May 2014.

(b) (1) In the case of any loss allowed under Section 165(c) of
the Internal Revenue Code, relating to limitation of losses of
individuals, any excess disaster loss shall be carried forward to
each of the five taxable years following the taxable year for which
the loss is claimed. However, if there is any excess disaster loss
remaining after the five-year period, then the applicable
percentage, as set forth in paragraph (1) of subdivision (b) of
Section 17276.20, of that excess disaster loss shall be carried
forward to each of the next 15 taxable years.

(2) The entire amount of any excess disaster loss as defined in
subdivision (c) shall be carried to the earliest of the taxable years
to which, by reason of subdivision (b), the loss may be carried.
The portion of the loss which shall be carried to each of the other
taxable years shall be the excess, if any, of the amount of excess
disaster loss over the sum of the adjusted taxable income for each
of the prior taxable years to which that excess disaster loss is
carried.

(c) “Excess disaster loss” means a disaster loss computed
pursuant to Section 165 of the Internal Revenue Code which
exceeds the adjusted taxable income of the year of loss or, if the
election under Section 165(i) of the Internal Revenue Code is made,
the adjusted taxable income of the year preceding the loss.

(d) This section and Section 165(i) of the Internal Revenue Code
shall be applicable to any of the losses listed in subdivision (a)
sustained in any county or city in this state which was proclaimed
by the Governor to be in a state of disaster.

(e) Losses allowable under this section shall not be taken into
account in computing a net operating loss deduction under Section
172 of the Internal Revenue Code.

(f) For purposes of this section, “adjusted taxable income” shall
be defined by Section 1212(b)(2)(B) of the Internal Revenue Code.

(g) For losses described in subdivision (a), the election under
Section 165(i) of the Internal Revenue Code may be made on a
return or amended return filed on or before the due date of the
return (determined with regard to extension) for the taxable year
in which the disaster occurred.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 17207.13 is added to the end insert begin insert Revenue and Taxation
Code end insert begin insert , to read: end insert

begin insert

begin insert 17207.13. end insert   

(a) Section 165(i) of the Internal Revenue Code
shall be applicable to any losses sustained in the County of San
Diego as a result of the wildfires that occurred in May 2014.

(b) For losses described in subdivision (a), the election under
Section 165(i) of the Internal Revenue Code may be made on a
return or amended return filed on or before the due date of the
return, determined with regard to extension, for the taxable year
in which the disaster occurred.

(c) Unless specifically provided otherwise, any law that
suspends, defers, reduces, or otherwise diminishes the deduction
of a net operating loss shall not apply to a net operating loss
attributable to the loss described in subdivision (a).

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 24347.13 is added to the end insert begin insert Revenue and Taxation
Code end insert begin insert , to read: end insert

begin insert

begin insert 24347.13. end insert   

(a) Section 165(i) of the Internal Revenue Code
shall be applicable to any losses sustained in the County of San
Diego as a result of the wildfires that occurred in May 2014.

(b) For losses described in subdivision (a), the election under
Section 165(i) of the Internal Revenue Code may be made on a
return or amended return filed on or before the due date of the
return, determined with regard to extension, for the taxable year
in which the disaster occurred.

(c) Unless specifically provided otherwise, any law that
suspends, defers, reduces, or otherwise diminishes the deduction
of a net operating loss shall not apply to a net operating loss
attributable to the loss described in subdivision (a).

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 24347.14 is added to the end insert begin insert Revenue and Taxation
Code end insert begin insert , to read: end insert

begin insert

begin insert 24347.14. end insert   

(a) An excess disaster loss, as defined in subdivision
(c), shall be carried to other taxable years as provided in
subdivision (b), with respect to losses sustained in the County of
San Diego as a result of the wildfires that occurred in May 2014.

(b) (1) In the case of any loss allowed under Section 165 of the
Internal Revenue Code, relating to losses, any excess disaster loss
shall be carried forward to each of the five taxable years following
the taxable year for which the loss is claimed. However, if there
is any excess disaster loss remaining after the five-year period,
then the applicable percentage, as set forth in paragraph (1) of
subdivision (b) of Section 24416.20, of that excess disaster loss
shall be carried forward to each of the next 15 taxable years.

(2) The entire amount of any excess disaster loss as defined in
subdivision (c) shall be carried to the earliest of the taxable years
to which, by reason of subdivision (b), the loss may be carried.
The portion of the loss which shall be carried to each of the other
taxable years shall be the excess, if any, of the amount of excess
disaster loss over the sum of the net income for each of the prior
taxable years to which that excess disaster loss is carried.

(c) “Excess disaster loss” means a disaster loss computed
pursuant to Section 165 of the Internal Revenue Code, which
exceeds the net income of the year of loss or, if the election under
Section 165(i) of the Internal Revenue Code is made, the net income
of the year preceding the loss.

(d) This section and Section 165(i) of the Internal Revenue Code
shall be applicable to any of the losses listed in subdivision (a)
sustained in any county or city in this state which was proclaimed
by the Governor to be in a state of disaster.

(e) Any corporation subject to Section 25101 or 25101.15 that
has disaster losses pursuant to this section shall determine the
excess disaster loss to be carried to other taxable years under the
principles specified in Section 25108 relating to net operating
losses.

(f) Losses allowable under this section shall not be taken into
account in computing a net operating loss deduction under Section
172 of the Internal Revenue Code.

(g) For losses described in subdivision (a), the election under
Section 165(i) of the Internal Revenue Code may be made on a
return or amended return filed on or before the due date of the
return (determined with regard to extension) for the taxable year
in which the disaster occurred.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert begin insert

The Legislature finds and declares that this act fulfills
a statewide public purpose because all of the following:

end insert begin insert

(a) On May 14, 2014, the Governor of California made a finding
that conditions of extreme peril to public health and safety to
persons and property exist due to the wildfires occurring in May
2014 in the County of San Diego and proclaimed a state of
emergency to exist within that county, thus qualifying affected
persons for various forms of governmental assistance and relief.

end insert begin insert

(b) This act is consistent with, and supplements, the proclaimed
disaster assistance and relief by providing necessary tax relief to
the affected jurisdiction and persons to allow them to maintain
essential basic services and repair damage to, and restore, their
homes and businesses.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert begin insert

This act provides for a tax levy within the meaning of
Article IV of the Constitution and shall go into immediate effect.

end insert

begin delete

SECTION 1.  

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

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 commission shall not utilize any
means to determine CARE program eligibility that results in
eligibility being extended to customers who’s income exceeds 200
percent of the federal poverty guideline levels. 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 work with electrical and gas
corporations to 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, and any methods adopted by the
commission shall not result in eligibility being extended to
customers who’s income exceeds 200 percent of the federal poverty
guideline levels. 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.

SEC. 2.  

The Legislature finds and declares all of the following:

(a) The California Alternate Rates for Energy or CARE program,
established by the Public Utilities Commission, provides a program
of assistance to low-income electric and gas customers with annual
household incomes that are not greater than 200 percent of the
federal poverty guideline levels.

(b) The commission may approve other electrical or gas
corporation rate assistance programs where eligibility is not limited
to customers with annual household incomes at or below 200
percent of the federal poverty guideline levels and the commission
has approved Family Electric Rate Assistance or FERA programs
for electrical corporations.

(c) The CARE program application approved by the commission
utilizes participation in other low-income assistance programs as
a predetermination for eligibility for the CARE program when
those other programs utilize income levels, definitions of income,
or other income eligibility criteria that differ from the CARE
program requirement that limits program participation to those
low-income electric and gas customers with annual household
incomes that are not greater than 200 percent of the federal poverty
guideline levels.

(d) It is the intent of the Legislature that and methods approved
by the commission to improve CARE enrollment and participation
do not result in eligibility being extended to customers who’s
income exceeds 200 percent of the federal poverty guideline levels.

(e) It is the further intent of the Legislature that the requirements
added by this act are to operate prospectively to new or renewing
CARE program applicants and it is not the intent of the Legislature
to require the commission to remove current enrollees from the
program who’s applications were truthful at the time they applied
for program participation.

end delete