BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1524


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          Date of Hearing:  April 20, 2015


                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE


                                Anthony Rendon, Chair


          AB 1524  
          (Committee on Utilities and Commerce) - As Introduced March 16,  
          2015


          SUBJECT:  Electricity:  energy crisis litigation


          SUMMARY:  This bill extends the sunset date on current law that  
          requires the Attorney General to represent the Department of  
          Finance in any litigation or settlement to obtain ratepayer  
          recovery for the effects of the 2000-02 energy crisis, from  
          January 1, 2016 to January 1, 2018.   


          EXISTING LAW:  


          Authorizes, until January 1, 2016, the Attorney General to  
          represent the Department of Finance and to succeed to all  
          rights, claims, powers, and entitlements of the Electricity  
          Oversight Board in any litigation or settlement to obtain  
          ratepayer recovery for the effects of the 2000-02 energy crisis.  
          Existing law additionally prohibits the Attorney General from  
          expending the proceeds of any settlements of those claims,  
          except as specified. (Public Utilities Code 343)


          FISCAL EFFECT:  Unknown









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          COMMENTS:  


           1)Background.   As part of the 2007-08 budget process, the  
            Governor proposed an EOB budget of $4.1 million, but also  
            proposed budget bill language which authorized the Director of  
            Finance to reduce appropriations to EOB.  Although savings  
            were reflected, the Governor's proposal did not specify how  
            EOB's existing workload and authority would be transferred to  
            another state agency.  In response, the Legislature stated in  
            budget hearings that elimination of the EOB and transfer of  
            its remaining duties should be addressed in the policy  
            committee process.  Accordingly, the Legislature approved the  
            EOB's operating budget and rejected the proposal to authorize  
            the Director of Finance to reduce its budget appropriation.  
            The Governor vetoed the Legislature's decision to appropriate  
            funding for the EOB then exercised his veto authority to  
            reduce EOB's 2007-08 budget by 25 percent.  In his veto  
            message, the Governor declared his expectation that, by April  
            1, 2008, the EOB would be eliminated and its duties  
            transferred to the PUC.  The following year, the Governor's  
            2008-09 budget proposal included no funding for EOB and  
            restated his intent that EOB cease its operations by April 1,  
            2008.


            Until defunded in 2008, the EOB was one of the complainants in  
            the Energy Crisis cases, along with the PUC, Attorney General  
            (AG), Pacific Gas & Electric, Southern California Edison, San  
            Diego Gas & Electric (collectively, the "Cal Parties").  The  
            Cal Parties brought the Energy Crisis cases against  
            approximately 65 energy sellers, have now settled with over  
            half of the sellers, and continue to negotiate settlement with  
            the remaining sellers.  In 2004, the Cal Parties, including  
            EOB, entered into an escrow agreement with JP Morgan Chase  
            Bank to handle all future settlements.  Under that agreement,  
            the signatures of all Cal Parties, including the EOB, are  
            required to issue effective escrow instructions for the  








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            purpose of disbursing funds resulting from settlements with  
            individual Energy Crisis-era sellers.


            This bill allows the AG to sign for the EOB, facilitating the  
            settlement of certain Energy Crisis claims.


           2)Prior Legislation.


             SB 1533 (Padilla, Chapter 226, Statutes of 2012)


            AB 1457 (Huber, 2012, died in Assembly Appropriations)


            AB 1390 (Committee on Utilities & Commerce, Chapter 179,  
            Statutes of 2011)


           3)Double referred  . This bill is double referred to the Assembly  
            Committee on Judiciary.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          None on file




          Opposition








                                                                    AB 1524


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          None on file




          Analysis Prepared by:Allegra Roth / U. & C. / (916) 319-2083