BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2141


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          Date of Hearing:  May 18, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2141 (Ting) - As Amended April 20, 2016


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill requires each electrical and gas corporation to  
          develop a program under the direction and supervision of the  
          California Public Utilities Commission (PUC) to provide  








                                                                    AB 2141


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          incentives and assistance to owners, operators, or lessees of  
          corner stores to reduce their electricity and gas bills.  
          Specifically, this bill:  


          1)Defines a "corner store" as a small-scale store or grocery  
            store, either an independent store or a chain store, that  
            sells a limited selection of foods and other products, in  
            rural, urban, and suburban settings, including stores that are  
            not located on a corner and stores commonly referred to as  
            convenience stores or neighborhood stores.


          2)Requires the program to prioritize low-income areas and  
            communities, areas and communities with limited access to  
            healthy food, and communities with higher rates of  
            diet-related diseases.


          3)Requires participating corner stores to agree to sell fresh  
            produce and other healthy foods for a minimum of three years,  
            unless the store ceases all of its retail flood sales.  The  
            PUC may impose other conditions to ensure the integrity of the  
            program and to protect ratepayers.


          4)Requires each electrical and gas corporation, in designing its  
            program, to consult with store owners, product vendors,  
            refrigeration manufacturers and the Office of Farm to Fork in  
            the Department of Food and Agriculture. 


          5)Requires each electrical corporation and gas corporation to  
            submit its proposal for the program to the PUC by January 1,  
            2018.  Authorizes the PUC to approve the proposal, modify and  
            approve the proposal, or direct the utility to file a new  
            proposal by a date certain.










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          6)Requires the PUC to implement equitable means to fund the  
            program, which may include, but is not limited to,  
            over-collections pursuant to the California Alternate Rates  
            for Energy (CARE) program, the Energy Savings Assistance  
            Program (ESAP), and other energy efficiency funds or programs  
            subject to the PUC's oversight.


          FISCAL EFFECT:


          1)The PUC anticipates overseeing this program will require one  
            Regulatory Analyst, at an annual cost of approximately  
            $130,000 and a total of $500,000 in contract fees for third  
            party evaluators for the first four years of the program (PUC  
            Utilities Commission Fund.)


          2)To implement this bill, the Office of Farm to Fork estimates  
            $70,000 in costs in the first year and $110,000 in the second.  
              Ongoing costs of $100,000 to $150,000 for one staff analyst  
            to develop standards for healthy foods, eligible communities,  
            and how much space should be devoted toward selling those  
            foods.  In addition to developing the overall guidelines, the  
            staff analyst would consult with each individual gas and  
            electric corporation to develop their specific programs. The  
            bill does not appropriate funding for these costs and they  
            cannot be absorbed within the Office's existing budget.





            This bill requires the Office of Farm to Fork (Office) to  
            consult with more than 50 gas and electric corporations in  
            California to develop standards relating to healthy foods and  
            refrigerated space as they develop their corner store  
            programs.   









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          COMMENTS:


          1)Purpose.  According to the author, this bill brings energy  
            efficiency and refrigeration to neighborhood corner stores in  
            an effort to provide fresh produce and healthy food options to  
            low-income communities and communities that lack access to  
            grocery stores due to geographic barriers. Specifically, this  
            bill requires utility providers to develop a program to  
            encourages owners of corner stores to participate in the  
            state's energy efficiency programs to expand healthy food  
            choices. 


          2)Background. For decades, the state and federal governments  
            have overseen low-income programs to provide low-income  
            customers discounts on their utility bills to the extent the  
            customer meets the program eligibility requirements. The  
            following is a breakdown of select programs:





             a)   The CARE program offers eligible customers a 20%  
               discount on their electricity and natural gas bill. 
             b)   The Family Electric Rate Assistance (FERA) program  
               offers assistance to families whose household income  
               slightly exceeds the low-income energy program allowances  
               by billing some of their electricity usage at a lower rate.  
                


             c)   ESAP provides no-cost weatherization services to  
               low-income households who meet the CARE income guidelines.  








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               Services provided include attic insulation, energy  
               efficient refrigerators, energy efficient furnaces, weather  
               stripping, caulking, low-flow showerheads, water heater  
               blankets, and door and building envelope repairs which  
               reduce air infiltration.


             d)   The Department of Community Services and Development  
               administers Federal low-income home energy assistance,  
               energy crisis intervention, and low-income weatherization  
               programs (LIHEAP). These programs are funded by federal  
               grants to provide weatherization services and financial  
               assistance to help low-income customers pay their energy  
               bills.


             e)   The Emergency Food Assistance Program (EFAP) provides  
               low-income individuals and households with surplus  
               commodities donated by the USDA. 


            It is unclear if all of the funding sources identified in the  
            bill are appropriate for this purpose.  The author may wish to  
            work with electric and gas corporations to further refine the  
            requirements of the bill, eligible recipients, and potential  
            funding sources.


          3)Prior Legislation.  AB 2218 (Bradford), Chapter 581, Statutes  
            of 2014 requires each electrical corporation and gas  
            corporation, subject to direction and supervision by the PUC,  
            to develop and implement a program of rate assistance to  
            eligible food banks, at a fixed percentage determined by the  
            PUC. This law authorizes the PUC to adjust the fixed  
            percentage of rate assistance as appropriate. Furthermore,  
            this law encourages the governing board of each local publicly  
            owned electric utility to develop and implement a program of  
            rate assistance to eligible food banks at a fixed percentage.









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            The program created under AB 2218 shares similar goals with  
            the program created by this bill.  An evaluation of the AB  
            2218 program is not possible, as it has not yet been  
            implemented.





          Analysis Prepared by:Jennifer Galehouse / APPR. / (916)  
          319-2081