BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1266| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 1266 Author: Gonzalez (D) Amended: 8/31/15 in Senate Vote: 21 SENATE ENERGY, U. & C. COMMITTEE: 7-3, 7/13/15 AYES: Hueso, Hill, Lara, Leyva, McGuire, Pavley, Wolk NOES: Fuller, Cannella, Morrell NO VOTE RECORDED: Hertzberg SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/27/15 AYES: Lara, Beall, Hill, Leyva, Mendoza NOES: Bates, Nielsen ASSEMBLY FLOOR: 48-28, 6/3/15 - See last page for vote SUBJECT: Electrical and gas corporations: excess compensation SOURCE: Coalition of California Utility Employees DIGEST: This bill prohibits an electrical or gas corporation from recovering from ratepayers expenses for excess compensation paid to an executive officer of the utility for a five-year period following a triggering event, unless the utility obtains approval from the California Public Utilities Commission (CPUC). ANALYSIS: Existing law: 1)Establishes the CPUC and empowers it to regulate privately-owned public utilities in California. Specifies AB 1266 Page 2 that the Legislature may prescribe that additional classes of private corporations or other persons are public utilities. (Article XII of the California Constitution; Public Utilities Code §301 et seq.) 2)Provides the CPUC regulatory authority over public utilities, including electrical corporations and gas corporations, as defined. (Public Utilities Code §§218 and 222) 3)Requires the shareholder of a public utility to bear any expenses resulting from a bonus paid to an executive officer of a public utility that has ceased to pay its debts in the ordinary course of business, and prohibits any expense from being recovered in rates. (Public Utilities Code §451.5) This bill: 1)Prohibits an electrical or gas corporation from recovering from ratepayers expenses for excess compensation paid to an officer of the utility for a five-year period following a triggering event, as specified, unless the utility gets prior approval from the CPUC. 2)Requires an electrical and gas corporation to file an application with the CPUC prior to paying or seeking recovery of excess compensation for a five-year period following a triggering event. 3)Requires CPUC to open a proceeding to evaluate the application. 4)Requires CPUC to issue a written determination whether any expenses for excess compensation proposed to be paid by the electrical corporation or gas corporation should be recovered in rates, or if previously authorized to be recovered in rates should be refunded to ratepayers. 5)Specifies that a triggering event occurs, after January 1, 2013, if an electrical or gas corporation violates a federal or state safety violation resulting in ratepayers incurring financial responsibility in excess of $5 million. 6)Defines excess compensation as any annual salary, bonus, benefits or other consideration of any value paid to an officer of an officer of an electrical corporation that is an AB 1266 Page 3 excess of $1 million. Background General Rate Case (GRC). All utilities that are regulated by the CPUC are required to undergo a GRC to request funding for distribution and generation costs associated with their service. GRCs are major regulatory proceedings and provide the CPUC an opportunity to perform an exhaustive examination of a utility's operations and costs. Usually performed every three years, the GRC allows the CPUC to conduct a broad and detailed review of a utility's revenues, expenses, and investments in plant and equipment to establish an approved revenue requirement. Through the GRC, a utility forecasts how they will structure their operations and make investments for the next three years. Within the GRC, the CPUC reviews executive compensation as part of the total compensation provided to the utility. San Onofre Nuclear Generating Station (SONGS). In 2012, Southern California Edison (SCE) reported that SONGS would be temporarily shut down after a steam generator failed and leaked radioactive gas. In 2013, SCE announced it could not afford to keep the plant open and would permanently retire the plant. In November 2014, the CPUC approved a settlement agreement between utilities and ratepayer advocates that split the costs of retiring the facility and the associated replacement power with ratepayers responsible for $3.3 billion of the $4.7 billion total costs. Need for this bill. The author argues that the SONGS case exemplifies the need to make the executive compensation process for officers and executives of California regulated utilities more transparent and responsive to the ratepayers. The author notes that executive compensations were high even in the backdrop of the SONGS closure and the billions of dollars that ratepayers would have to shoulder to retire the facility. Specifically, the author notes SCE's chairman received $11 million in total compensation in 2013 and that less than three weeks following the SONGS settlement, SCE President cashed out nearly $9 million in stock. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes AB 1266 Page 4 According to the Senate Appropriations Committee, unknown ongoing costs, potentially $200,000 annually, to the Public Utilities Reimbursement Account for proceedings and review of excess compensation. SUPPORT: (Verified8/28/15) Coalition of California Utility Employees (source) California Labor Federation California State Association of Electrical Workers Office of Ratepayer Advocates The Utility Reform Network OPPOSITION: (Verified8/28/15) California Business Properties Association California Chamber of Commerce Southern California Edison Southwest California Legislative Council ARGUMENTS IN SUPPORT: The author states that the CPUC "has never conducted a proceeding to determine if the compensation for any individual is appropriate or justified and the CPUC never considers whether the utility's performance warrants any change in ratepayer-paid executive compensation. Not after the San Bruno disaster or the SONGS disaster, not even after SCE was fined $200 million for falsifying performance records and customer satisfaction surveys." ARGUMENTS IN OPPOSITION:SCE argues: "This bill is not necessary? executive compensation for electrical and gas corporations is already under regulatory oversight with multiple opportunities for stakeholder involvement to ensure fair and just compensation for utility officers?despite being a necessary cost of providing safe and reliable utility service, the CPUC routinely denies recovery in customer rates of a significant portion of executive compensation." ASSEMBLY FLOOR: 48-28, 6/3/15 AB 1266 Page 5 AYES: Alejo, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooper, Dababneh, Dodd, Eggman, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Roger Hernández, Holden, Irwin, Jones-Sawyer, Levine, Lopez, Low, McCarty, Medina, Mullin, Nazarian, O'Donnell, Perea, Quirk, Rendon, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Atkins NOES: Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang, Chávez, Dahle, Frazier, Beth Gaines, Gallagher, Grove, Hadley, Harper, Jones, Kim, Lackey, Linder, Mathis, Mayes, Melendez, Obernolte, Olsen, Patterson, Steinorth, Wagner, Waldron, Wilk NO VOTE RECORDED: Cooley, Daly, Maienschein, Ridley-Thomas Prepared by:Nidia Bautista / E., U., & C. / (916) 651-4107 8/30/15 19:27:45 **** END ****