BILL ANALYSIS                                                                                                                                                                                                    Ó          1





                SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                                 ALEX PADILLA, CHAIR
          

          AB 2218 -  Bradford                               Hearing Date:   
          June 23, 2014              A
          As Amended:         April 24, 2014           FISCAL       B

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                                      DESCRIPTION
           
           Current law  requires the California Public Utilities Commission  
          (CPUC) to establish the California Alternate Rates for Energy  
          (CARE) program to discount rates for low-income gas and electric  
          customers whom are defined as those with incomes no greater than  
          200 percent of the federal poverty level.  The average effective  
          CARE discount is limited to a range of 30 to 35 percent of the  
          revenues that would have been produced for the same billed usage  
          by non-CARE customers. (Public Utilities Code § 739.1)

           Current federal law  creates the Emergency Food Assistance Program  
          (EFAP), administered by the United States Department of  
          Agriculture (USDA), and, at the state level, by the state  
          Department of Social Services (CDSS), to provide low-income  
          individuals and households with surplus commodities donated by  
          USDA.

           This bill  would require electrical and gas corporations to  
          provide rate assistance to food banks that participate in the  
          EFAP administered by the Food and Nutrition Service of USDA.  

                                       BACKGROUND
           
          California Alternate Rates for Energy (CARE) - The CARE program  
          was designed to provide a 20% discount on monthly gas and  
          electric bills to income-qualified customers at their primary  
          residence and is funded through a rate surcharge paid by all  
          other utility customers. The income cap on CARE eligibility is up  
          to 200% above Federal Poverty Guidelines, which are updated  
          annually in June.  Electric rates for tier 1 and 2 investor-owned  
          utilities (IOU) customers were frozen in 2001 as a result of the  










          electricity crisis.  Consequently the effective CARE discount  
          increased two to three times what was intended.  In a 2013 rate  
          reform bill the discount was re-set to 30 to 35 percent.  The  
          CPUC has a proceeding underway to implement the legislation. 

          CARE programs are reviewed and modified by the CPUC every three  
          years for the subsequent three-year cycle.  The CPUC completed  
          its last review of the program in August 2012 and at that time  
          approved a $3.8 billion program budget for the four IOUs for the  
          2012-2014 cycle.

          Other Ratepayer Assistance Programs - For decades, the state and  
          federal governments have overseen low income programs to provide  
          low income customers discounts on their utility bills and energy  
          efficiency assistance to the extent the customer meets the  
          program eligibility requirements. The following is a breakdown of  
          select programs:
                 The Family Electric Rate Assistance Families offers  
               assistance to families whose household income slightly  
               exceeds the low-income energy program allowances by billing  
               some of their electricity usage at a lower rate;

                 The Energy Savings Assistance Program provides no-cost  
               weatherization services to low-income households who meet  
               the CARE income guidelines. Services provided include attic  
               insulation, energy efficient refrigerators, energy efficient  
               furnaces, weather stripping, caulking, low-flow showerheads,  
               water heater blankets, and door and building envelope  
               repairs which reduce air infiltration; and

                 The Department of Community Services and Development  
               administers Federal low-income home energy assistance,  
               energy crisis intervention, and low-income weatherization  
               programs. These programs are funded by federal grants to  
               provide weatherization services and financial assistance to  
               help low-income customers pay their energy bills.

          Emergency Food Assistance Program (EFAP) - The EFAP provides  
          low-income individuals and households with surplus commodities  
          donated by the USDA. The CDSS is responsible for overseeing EFAP  
          and ensures that USDA commodities are provided and distributed to  
          eligible individuals and households in all 58 California  
          counties.  Program-eligible recipients may receive commodities  
          through congregate feeding sites which serve meals, or through  
          distribution sites, which distribute food for household  









          consumption.  There are 48 food banks that coordinate  
          distribution to more than 2,300 food banks in their regions.   

          The Department of Social Services defines an EFAP eligible food  
          bank, to which this bill applies, as:

               A public or charitable institution that maintains an  
               established operation involving the provision of food or  
               edible commodities, or the products of food or edible  
               commodities, to food pantries, soup kitchens, hunger relief  
               centers, or other food or feeding centers that, as an  
               integral part of their normal activities, provide meals or  
               food to feed needy persons on a regular basis.

                                        COMMENTS
           
              1.   Author's Purpose .  Electricity costs to house perishables  
               such as fruits, vegetables, and dairy products is a common  
               concern for food banks across the state. More so now as a  
               number of food banks are anticipating an increase in  
               assistance due to the impact our water crisis will have on  
               the farming community.

               Ultimately, energy costs will limit a food banks ability to  
               provide fresh and healthy food to our struggling California  
               families.

               California's food banks stabilize our most underserved and  
               economically challenged families from all across the state.  
               However, many find it costly to maintain their refrigeration  
               units to house perishables such as fruits, vegetables, and  
               dairy products.  In recent years, food banks have steadily  
               seen an increase in families seeking out assistance due to  
               the economic crisis and the subsequent home foreclosure.  
               California's drought crisis, with no end in sight, will only  
               further strain existing resources. Smaller operations such  
               as Trinity County Food Assistance Program, average an annual  
               energy bill of approximately $18,000; while the San  
               Francisco Food Bank averages around $144,000 per year.

              2.   Ratepayer Impact  .  Food banks provide a very critical  
               service to the communities they serve.  The CDSS reports  
               that there are more than 2,300 organizations eligible for  
               the EFAP program.  Electric and gas ratepayers currently  
               current provide more $1 billion a year for the CARE program  









               alone and much more when the weatherization, solar and other  
               programs are included.  The committee may wish to consider  
               the impacts on ratepayers of additional support for  
               community-based programs and whether this is affordable at  
               this time.

                                     ASSEMBLY VOTES
           
          Assembly Floor                     (66-1)
          Assembly Appropriations Committee  (13-0)
          Assembly Utilities and Commerce Committee                       
          (10-0)

                                      POSITIONS
           
           Sponsor:
           
          Author

           Support:
           
          Alameda County Community Food Bank
          California Emergency FoodLink
          Community Action Partnership of Kern
          Community Action Partnership of Orange County
          California Association of Food Banks
          Food Bank of El Dorado County
          Food for People
          Food Share, Inc.
          FoodLink for Tulare County
          Independent Energy Producers Association
          Los Angeles Regional Food Bank
          Redwood Empire Food Bank
          Second Harvest Food Bank of Santa Clara & San Mateo Counties
          SF-Marin Food Bank

           Oppose:
           
          None on file

          Kellie Smith 
          AB 2218 Analysis
          Hearing Date:  June 23, 2014