BILL NUMBER: AB 2120	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Weber

                        FEBRUARY 17, 2016

   An act to amend Section 1802 of the Public Utilities Code,
relating to public utilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2120, as introduced, Weber. Public Utilities Commission:
proceedings: intervenor fees: customers.
   Under existing law, the Public Utilities Commission has broad
regulatory authority pursuant to the California Constitution and the
Public Utilities Act over public utilities, as defined. Existing law
provides compensation for reasonable advocate's fees, reasonable
expert witness fees, and other reasonable costs to public utility
customers and representatives of customers for participation or
intervention in formal proceedings of the commission involving
electrical, gas, water, telegraph, and telephone public utilities,
but does not provide that compensation for local government agencies.

   This bill would make legislative findings and declarations
relating to local educational agency involvement in commission
proceedings. The bill would authorize compensation for participation
or intervention in the proceedings described above for a county
office of education, on behalf of any of the local educational
agencies in whole or part within the county or on behalf of itself,
or for a community college district.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Many local educational agencies, including school districts,
county offices of education, and community college districts have
experienced rapid increases in energy costs due to energy rate
increases approved by the Public Utilities Commission.
   (b) Local educational agencies are disproportionately affected by
rapid increases in energy costs and differ from other public agencies
because they are strictly limited in their ability to raise local
tax revenues to cover operational cost increases. Local educational
agencies seeking to participate in Public Utilities Commission
proceedings must hire attorneys and experts at their own expense,
using the state and local dollars that were designated for
educational programs.
   (c) The cost of intervening in Public Utilities Commission
proceedings is often prohibitive for local educational agencies;
therefore, the perspectives of local educational agencies are often
lost during proceedings to discuss rate changes.
   (d) The Public Utilities Commission's Intervenor Compensation
Program is intended to ensure that individuals and groups that
represent residential or small commercial electric utility customers
have the financial resources to bring their concerns and interests to
the commission during formal proceedings.
   (e) As a regional agency, a county office of education is the
appropriate intervenor in a proceeding affecting any local
educational agency in whole or part within the county.
  SEC. 2.  Section 1802 of the Public Utilities Code is amended to
read:
   1802.  As used in this article:
   (a) "Compensation" means payment for all or part, as determined by
the commission, of reasonable advocate's fees, reasonable expert
witness fees, and other reasonable costs of preparation for and
participation in a proceeding, and includes the fees and costs of
obtaining an award under this article and of obtaining judicial
review, if any.
   (b) (1) "Customer" means any of the following:
   (A) A participant representing consumers, customers, or
subscribers of any electrical, gas, telephone, telegraph, or water
corporation that is subject to the jurisdiction of the commission.
   (B) A representative who has been authorized by a customer.
   (C) A representative of a group or organization authorized
pursuant to its articles of incorporation or bylaws to represent the
interests of residential customers, or to represent small commercial
customers who receive bundled electric service from an electrical
corporation. 
   (D) (i) Notwithstanding paragraph (2), a county office of
education or a community college district.  
   (ii) A county office of education may participate or intervene
pursuant to this article on behalf of any of the local educational
agencies in whole or part within the county or on behalf of itself.

   (2) "Customer" does not include any state, federal, or local
government agency, any publicly owned public utility, or any entity
that, in the commission's opinion, was established or formed by a
local government entity for the purpose of participating in a
commission proceeding.
   (c) "Expert witness fees" means recorded or billed costs incurred
by a customer for an expert witness.
   (d) "Other reasonable costs" means reasonable out-of-pocket
expenses directly incurred by a customer that are directly related to
the contentions or recommendations made by the customer that
resulted in a substantial contribution.
   (e) "Party" means any interested party, respondent public utility,
or commission staff in a hearing or proceeding.
   (f) "Proceeding" means an application, complaint, or
investigation, rulemaking, alternative dispute resolution procedures
in lieu of formal proceedings as may be sponsored or endorsed by the
commission, or other formal proceeding before the commission.
   (g) "Significant financial hardship" means either that the
customer cannot afford, without undue hardship, to pay the costs of
effective participation, including advocate's fees, expert witness
fees, and other reasonable costs of participation, or that, in the
case of a group or organization, the economic interest of the
individual members of the group or organization is small in
comparison to the costs of effective participation in the proceeding.

   (h) "Small commercial customer" means any nonresidential customer
with a maximum peak demand of less than 50 kilowatts. The commission
may establish rules to modify or change the definition of "small
commercial customer," including use of criteria other than a peak
demand threshold, if the commission determines that the modification
or change will promote participation in proceedings at the commission
by organizations representing small businesses, without
incorporating large commercial and industrial customers.
   (i) "Substantial contribution" means that, in the judgment of the
commission, the customer's presentation has substantially assisted
the commission in the making of its order or decision because the
order or decision has adopted in whole or in part one or more factual
contentions, legal contentions, or specific policy or procedural
recommendations presented by the customer. Where the customer's
participation has resulted in a substantial contribution, even if the
decision adopts that customer's contention or recommendations only
in part, the commission may award the customer compensation for all
reasonable advocate's fees, reasonable expert fees, and other
reasonable costs incurred by the customer in preparing or presenting
that contention or recommendation.