BILL ANALYSIS Ó AB 401 Page 1 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 AB 401 Page 2 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 AB 401 Page 3 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 AB 401 Page 4 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 AB 401 Page 5 ~$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 AB 401 Page 6