BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 401


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          Date of Hearing:  March 23, 2015


                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE


                                    Rendon, Chair


          AB  
                     401 (Dodd) - As Introduced  February 19, 2015


          SUBJECT:  Low-Income Water Rate Assistance Program


          SUMMARY:  AB 401 would require the Department of Community  
          Services and Development (CSD), in collaboration with the Board  
          of Equalization (BOE), by January 1, 2017, to develop a plan for  
          the funding and implementation of a program to provide funding  
          assistance for water service to households with less than 200  
          percent of the federal poverty guideline level. 


          EXISTING LAW:  


          1)Establishes the Department of Community Services and  
            Development and charges it with improving the quality of life  
            for low-income Californians. (Government Code 12085)

          2)Establishes the California Alternate Rates for Energy (CARE)  
            Program to assist low-income electric and gas customers with  
            annual household incomes that are no greater than 200 percent  
            of the federal poverty guideline levels. (Public Utilities  
            Code 739.1)

          3)Allows the California Public Utilities Commission (PUC) to  
            consider and implement programs to provide water rate relief  
            for low-income ratepayers. (Public Utilities Code 739.8)

          4)Allows any public agency providing public utility service to  








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            impose a fee, including a rate, charge, or surcharge, for any  
            product, commodity, or service provided to a public agency,  
            and that such a fee for public utility service, other than  
            electricity or gas, shall not exceed the reasonable cost of  
            providing the public utility service. (Government Code  
            54999.7)

          5)Provides that special taxes shall not include any fee which  
            does not exceed the reasonable cost of providing the service  
            or regulatory activity for which the fee is charged.  
            (Government Code 50076)

          6)Provides that a fee encompasses any levy other than an ad  
            valorem tax, a special tax, or an assessment, imposed by an  
            agency upon a parcel or upon a person as an incident of  
            property ownership, including a user fee or charge for a  
            property related service. (California Constitution, Article  
            XIIIC)

          FISCAL EFFECT:  Unknown


          COMMENTS:  


          1)Author's Comment.  "Water affordability is a central element to  
            water access. When water costs make water unaffordable, it can  
            pose a health and safety issue and a myriad of administrative  
            and political problems. Households paying an amount for water  
            that exceeds an affordability threshold are considered to be  
            paying a cost that is unaffordable and a "high burden."



            A commitment to water affordability is rooted in both human  
            rights and public welfare. While recognition of the Human  
            Right to Water goes back to the 1970s, the legal basis of this  
            right was strengthened in 2012 when the California Legislature  
            passed AB 685, which established a human right to water in  
            California and directed "all relevant state agencies,  
            including the department of water resources, the state water  
            resources control board, and the State Department of Public  








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            Health, to consider this state policy when revising, adopting,  
            or establishing policies, regulations, and grant criteria."





           2)Proposition 218.  California voters approved Proposition 218 in  
            November 1996, adding Articles XIIIC and D to the California  
            Constitution. This resulted in the state of California  
            considering water and wastewater services as property-related  
            fees and as such, subject to state constitutional and  
            statutory requirements.  As such, publicly-owned water  
            utilities (POUs) must restrict water rates to the cost of  
            service which is a barrier to a using ratepayer funds to  
            provide financial support or assistance to low income water  
            utility customers.

            Additional complications with creating state-wide low-income  
            water rate program arise related to Propositions 13 and 26.  
            Proposition 13, as established by voters in 1979, provides  
            that "special taxes shall not include any fee which does not  
            exceed the reasonable cost of providing the service or  
            regulatory activity for which the fee is charged." In 2010,  
            voters approved Proposition 26, which establishes that the  
            "?local government bears the burden of proving by a  
            preponderance of the evidence that a levy, charge, or other  
            exaction is not a tax, that the amount is no more than  
            necessary to cover the reasonable costs of the governmental  
            activity, and that the manner in which those costs are  
            allocated to a payor bear a fair or reasonable relationship to  
            the payor's burdens on, or benefits received from, the  
            governmental activity."

            The cost of service mandates related to Propositions 13, 26,  
            and 218 would make it difficult for POUs to provide a program  
            to support low-income customers.

           3)Investor-owned versus publicly-owned water utilities.  The PUC  
            is charged with ensuring California's 115 investor-owned water  
            utilities (IOU) and 14 investor-owned wastewater utilities  
            provide safe and reliable water to customers at reasonable  








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            rates. Water utilities regulated by the PUC deliver water  
            service to about 16% (~6 million) of the state's population. 

            In recent years, IOUs have requested rate increases ranging  
            from 7-45% over three year spans. The PUC has granted  
            increases of 10%-24%. Average water bills range from $42-$82,  
            and with the increases, bills are rising or have risen to  
            $46-$95 (a $4-$13 increase). These increases, especially if  
            continued in the foreseeable future, may be unaffordable to  
            low-income ratepayers without discounts or subsidies. 

            Of the IOUs, only the largest 9 large water utilities are  
            authorized by the PUC to offer Low-Income Rate Assistance  
            (LIRA) programs. The 9 large IOU water utilities together  
            serve approximately 1.175 million customers. If a ratepayer  
            meets low-income eligibility criteria, a discount is provided.  
            These discounts are funded by non-participating ratepayers.

            Current enrollment in LIRA programs is 255,982 or about 21.7  
            of residential customers. Discounts available to qualifying  
            low-income customers vary widely, ranging from  
            percentage-based to flat dollar discounts on the ratepayer's  
            bill. These varying discounts are provided and allowed for by  
            the PUC due to unique circumstances in each area. Surcharges  
            levied upon non-participating customers (i.e., those not  
            eligible for rate relief programs) are not standardized.

           4)Water rates: affordability versus income.  The US Environmental  
            Protection Agency (EPA) and the California Department of  
            Public Health use a "water affordability threshold" to factor  
            in variable costs of living across California. For example, at  
            a threshold of 1.5%, a household at the California median  
            income of $61,000 would not be expected to pay over $915 per  
            year for water ($76.25/month). Households with water bills  
            exceeding this threshold are considered to be paying a cost  
            that is unaffordable and a "high burden".

            In Lucerne, one of Lake County's most disadvantaged  
            communities, the average resident's water bill, according to  
            local news accounts, would have doubled from $62.85 to $124.22  
            per month - this occurring in an area with a median household  
            income of ~$25,000 (versus California's median income of  








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            ~$61,000). In the case of Lucerne, it is estimated that an  
            affordable monthly bill would be $32.50 or less. In reality,  
            the average bill is $85 - about 2.5 times the affordable  
            amount. 

           5)Related Legislation.
           


            AB 1434 (Yamada, 2014) - held in Senate Appropriations



          REGISTERED SUPPORT / OPPOSITION:


          Support


          Clean Water Action of California
          Community Water Center, El Centro Comunitario por el Agua
          Utility Workers Union of America


          Opposition


          None on file.


          Analysis Prepared  
          by:              Sue Kateley / U. & C. / (916) 319-2083


















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