BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 1180 (Cristina Garcia) - Rates and charges for water service:  
           payment transaction fees
          
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          |Version: June 6, 2016           |Policy Vote: E., U., & C. 11 -  |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: June 27, 2016     |Consultant: Narisha Bonakdar    |
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          This bill does not meet the criteria for referral to the  
          Suspense File.


          Bill  
          Summary:  SB 1180 allows, until January 1, 2022, specified water  
          corporations to establish pilot programs that evaluate customer  
          interest in transaction card and debit card payment option that  
          do not require the customer to pay transaction fees.  The bill  
          also allows a water corporation to recover the reasonable  
          expenses incurred in providing its customers with these bill  
          payment options. 


          Fiscal  
          Impact:  
           Increased costs of approximately $131,000 per year (Public  
            Utilities Commission Utilities Reimbursement Account) for the  
            California Public Utilities Commission (CPUC) to monitor the  
            rate case, collect and analyze data, and coordinate with the  
            Low Income Oversight Board. 








          AB 1180 (Cristina Garcia)                              Page 1 of  
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          Background:  
          CPUC's regulation of water utilities.  The CPUC has jurisdiction  
          over 113 privately owned water utilities: nine Class A water  
          utilities (10,000 or more connection points); five Class B water  
          utilities (2,000 or more connection points); 25 Class C water  
          utilities (500 or more connection points); and 74 Class D water  
          utilities (less than 500 connection points).  Combined, these  
          utilities deliver water service to roughly 16 percent of the  
          state's population (about six million residents). The CPUC  
          regulates all aspects of the privately owned utilities' service  
          provision, including assessing their rates to ensure they are  
          reasonable, while providing a reasonable rate of return to  
          continue to provide customers service and satisfy shareholders. 


          Credit cards and utilities.  Currently, the CPUC requires  
          electric, natural gas, and water companies it regulates to  
          secure approval before offering a credit/debit card bill payment  
          option.  Most unregulated retail and service providers recover  
          transaction costs from various methods such as increasing the  
          price of the good or service sold or using company revenue.   
          However, regulated utilities may only recover reasonable  
          transactions cost from customers who choose to use those payment  
          options.  As a result, some utilities assess a separate fee on  
          top of the monthly bill, when a credit card is used to pay the  
          bill. According to the CPUC, water corporation fees generally  
          range between $1 and $3. Processing fees are not assessed on  
          other forms of payment, such as cash or check, though these also  
          generate some processing cost for the utility.  Unlike credit or  
          debit card fees, all the other payment transaction fees are  
          spread across the entire customer base and recovered in rates.


          Pilot programs already underway.  In August 2014, the CPUC  
          approved a settlement of a 2012 General Rate Case application by  
          the California Water Service Company (CalWater) which includes,  
          among other things, a pilot program to track costs and savings  
          with processing credit and debit cards.  As part of the  
          settlement, CalWater agreed that any costs that exceed the  
          savings would be absorbed by CalWater, instead of ratepayers.  
          CalWater would have the option of pursuing a fee-based credit  








          AB 1180 (Cristina Garcia)                              Page 2 of  
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          card or debit card payment offering. 




          Proposed Law:  
            This bill:
          1)Authorizes, until January 1, 2022, a water corporation with  
            more than 2,000 service connections to seek CPUC approval  
            through its general rate case to operate a pilot program  
            designed to evaluate customer interest in, and utilization of,  
            bill payment options, including, but not limited to, credit  
            card, debit card and prepaid card bill payment options, and to  
            assess the cost-effectiveness of, and customer interests  
            served by, customer access to those bill payment options. 


          2)Limits the pilot program to the duration of the water  
            corporation's rate case cycle, but allows the CPUC to extend  
            the program at the request of the water corporation in its  
            subsequent rate case application.


          3)Requires the CPUC to allow a water corporation to recover the  
            reasonable expenses incurred by the water corporation in  
            providing its customers with these bill payment options, and  
            to allow water corporations to not impose a transaction fee on  
            its customers for using these bill payment options.


          4)Prohibits the costs of a pilot program from being recovered of  
            low-income customers who participate in specified programs,  
            and would require a water corporation that is operating a  
            pilot program to provide certain notifications to its  
            customers. 


          5)Provides that the section shall remain in effect until January  
            1, 2022 and is repealed unless another statute is enacted.


          6)Requires the CPUC, in consultation with the Low-Income  
            Oversight Board, by July 1, 2020, to submit a report to the  
            relevant legislative committees regarding the pilot programs  








          AB 1180 (Cristina Garcia)                              Page 3 of  
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            operated by water corporations under this bill that includes  
            an assessment of the use of credit cards by low-income  
            customers to avoid service disconnections, an assessment of  
            the impact of  use of credit cards for customer bills on  
            household debt burden, and an assessment of data considered on  
            an aggregate basis regarding customer utilization and the  
            cost-effectiveness of the bill payment options. 


          7)Requires the report, based on these assessments and an  
            assessment of the customer interests served by providing these  
            bill payment options, to evaluate the usefulness of an  
            individual customer transaction fee and include a  
            recommendation regarding individual customer transaction fees  
            for credit card, debit card and prepaid card payments accepted  
            by water corporations.


          8)Provides that the section shall remain in effect until January  
            1, 2024 and is repealed unless another statute is enacted.




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