BILL NUMBER: AB 1108 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 22, 2009
INTRODUCED BY Assembly Member Fuentes
FEBRUARY 27, 2009
An act to amend Section 739.5 Sections
739.5, 2791, 2797, and 2798 of, to add the heading of Chapter 1
(commencing with Section 9500) to, and to add Chapter 2 (commencing
with Section 9505) to, Division 4.8 of, and to repeal Section
Sections 2792, 2793, 2794, 2795, 2796, 2799, and
12821.5 of, the Public Utilities Code, relating to utility
service.
LEGISLATIVE COUNSEL'S DIGEST
AB 1108, as amended, Fuentes. Electric and gas utility service:
master-meter customers.
(1) Under existing law, the Public Utilities Commission has
regulatory authority over public utilities, including electrical
corporations and gas corporations. Existing law requires that, when
gas or electric service is provided by a master-meter customer to
users who are tenants of a mobilehome park, apartment building, or
similar residential complex, the master-meter customer charge each
user at the same rate that would be applicable if the user were
receiving gas or electricity directly from the gas or electrical
corporation. Existing law additionally requires the electrical or gas
corporation to establish uniform rates to master-meter customers at
a level that will provide a sufficient differential to cover the
reasonable average costs to master-meter customers of providing
submeter service, except that these costs shall not exceed the
average cost that the corporation would have incurred in providing
comparable services directly to the users of the service
(master-meter discount). Existing law provides that every
master-meter customer is responsible for the maintenance and repair
of its submeter facilities beyond the master-meter.
This bill would authorize the commission, if it finds that a
master-meter customer has failed to maintain or repair its submeter
facilities beyond the master-meter, to order the master-meter
customer to maintain or repair those facilities and would authorize
the commission, in addition to the commission's authority to make or
enforce orders pursuant to the Public Utilities Act, to order that
moneys received as a result of the master-meter discount be held in
trust to be expended for maintenance and repair of the submeter
facilities. The bill would require a master-meter customer to
separately bill for gas or electric service, or both, and rent. This
bill would prohibit a master-meter customer from charging a user of
electricity or gas any late charge for nonpayment or delayed payment
of rent. The bill would require that any late charge imposed by a
master-meter customer for nonpayment or delayed payment by a user for
gas or electric service be in an amount that does not exceed that
which the electrical or gas corporation would charge for nonpayment
or delayed payment for electric or gas service.
(2) Existing law authorizes the owner of a master-metered
mobilehome park or manufactured housing community that provides gas
or electric service to residents to transfer ownership and
operational responsibility for its gas or electric system to the gas
or electrical corporation providing service in the area in which the
park or community is located, pursuant to specified transfer and cost
allocation procedures.
This bill would require the owner of a master-metered mobilehome
park or manufactured housing community that provides gas or electric
service to residents to transfer ownership and operational
responsibility for its gas or electric system to the gas or
electrical corporation providing service in the area in which the
park or community is located. The bill would require the commission
to permit the gas or electrical corporation to recover, in its
revenue requirements and rates, all costs to acquire, improve,
upgrade, operate, and maintain transferred mobilehome park or
manufactured housing community gas or electric systems. The bill
would require the commission to adopt a standard form agreement for
transfer of gas and electric distribution facilities in mobilehome
parks and manufactured housing communities that would be the basis
for expedited approval of the transfers and would require that the
contract be based on rules approved by the commission.
Under existing law, a violation of any order, decision, rule,
direction, demand, or requirement of the commission is a crime.
Because a violation of an order or decision of the commission
implementing its requirements would be a crime, the bill would impose
a state-mandated local program bu creating a new crime.
(2)
(3) The existing Municipal Utility District Act
authorizes the formation of a municipal utility district and
authorizes a district to acquire, construct, own, operate, control,
or use works for supplying the inhabitants of the district and public
agencies with light, water, power, heat, transportation, telephone
service, or other means of communication, or means for the
collection, treatment, or disposition of garbage, sewage, or refuse
matter. Existing law requires that, when light, heat, or power is
provided by a master-meter customer to users who are tenants of a
mobilehome park, apartment building, or similar residential complex,
the master-meter customer charge each user at the same rate that
would be applicable if the user were receiving service directly from
a municipal utility district. Existing law additionally requires that
the master-meter customer provide an itemized billing of charges for
light, heat, and power to each individual user generally in
accordance with the form and content of bills of the district to its
residential customers. Existing law provides that every master-meter
customer receiving light, heat, or power from a municipal utility
district is responsible for maintenance and repair of its submeter
facilities beyond the master-meter.
This bill would repeal this provision. The bill would provide that
when gas or electric service is provided by a master-meter customer
to users who are tenants of a mobilehome park, apartment building, or
similar residential complex, the master-meter customer charge each
user at the same rate that would be applicable if the user were
receiving gas or electricity directly from a local publicly owned
electric or gas utility. The bill would require a master-meter
customer to provide an itemized billing of charges for electricity or
gas to each user in accordance with the form and content of bills of
the local publicly owned electric or gas utility to its residential
customers. The bill would require a master-meter customer to
separately bill for gas or electric service, or both, and rent. The
bill would prohibit a master-meter customer from charging a user of
electricity or gas any late charge for nonpayment or delayed payment
of rent. The bill would require that any late charge imposed by a
master-meter customer for nonpayment or delayed payment by a user for
gas or electric service be in an amount that does not exceed that
which the local publicly owned electric or gas utility would charge
for nonpayment or delayed payment for electric or gas service. The
bill would provide that every master-meter customer receiving
electric or gas service from a local publicly owned electric or gas
utility is responsible for maintenance and repair of its submeter
facilities beyond the master-meter. The bill would authorize the
Public Unities Commission commission ,
if it finds that a master-meter customer has failed to maintain or
repair its submeter facilities beyond the master-meter, to order the
master-meter customer to maintain or repair those facilities and
would authorize the commission, in addition to the commission's
authority to make or enforce orders pursuant to the Public Utilities
Act, to order that moneys received as a result of a master-meter
discount provided by a local publicly owned electric or gas utility
be held in trust to be expended for maintenance and repair of the
submeter facilities. The bill would require a local publicly owned
electric or gas utility to notify each master-meter customer of these
obligations. By placing additional requirements upon local publicly
owned electric and gas utilities, the bill would impose a
state-mandated local program.
(3)
(4) The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason
reasons .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 739.5 of the Public Utilities Code is amended
to read:
739.5. (a) (1) The commission shall require that, whenever gas or
electric service, or both, is provided by a master-meter customer to
users who are tenants of a mobilehome park, apartment building, or
similar residential complex, the master-meter customer shall charge
each user of the service at the same rate that would be applicable if
the user were receiving gas or electricity, or both, directly from
the gas or electrical corporation.
(2) The commission shall require the electrical or gas corporation
furnishing service to the master-meter customer to establish uniform
rates for master-meter service at a level that will provide a
sufficient differential to cover the reasonable average costs to
master-meter customers of providing submeter service, except that
these costs shall not exceed the average cost that the corporation
would have incurred in providing comparable services directly to the
users of the service.
(b) Every master-meter customer of a gas or electrical corporation
subject to subdivision (a) who, on or after January 1, 1978,
receives any rebate from the corporation shall distribute to, or
credit to the account of, each current user served by the
master-meter customer that portion of the rebate which the amount of
gas or electricity, or both, consumed by the user during the last
billing period bears to the total amount furnished by the corporation
to the master-meter customer during that period.
(c) An electrical or gas corporation furnishing service to a
master-meter customer shall furnish to each user of the service
within a submetered system every public safety customer service which
it provides beyond the meter to its other residential customers. The
corporation shall furnish a list of those services to the
master-meter customer who shall post the list in a conspicuous place
accessible to all users. Every corporation shall provide these public
safety customer services to each user of electrical or gas service
under a submetered system without additional charge unless the
corporation has included the average cost of these services in the
rate differential provided to the master-meter customer on January 1,
1984, in which case the commission shall deduct the average cost of
providing these public safety customer services when approving rate
differentials for master-meter customers.
(d) (1) Every master-meter customer is responsible for maintenance
and repair of its submeter facilities beyond the master-meter, and
nothing in this section requires an electrical or gas corporation to
make repairs to or perform maintenance on the submeter system.
(2) If the commission finds that a master-meter customer has
failed to maintain or repair its submeter facilities beyond the
master-meter, the commission may order the master-meter customer to
maintain or repair those facilities.
(3) In addition to any authority granted the commission to make or
enforce orders pursuant to Chapter 11 (commencing with Section
2100), if the commission finds that a master-meter customer has
failed to maintain or repair its submeter facilities beyond the
master-meter, the commission may order that the rate differential
established pursuant to subdivision (a) be held in trust to be
expended for maintenance and repair of the submeter facilities.
(e) (1) Every master-meter customer shall provide an itemized
billing of charges for electricity or gas, or both, to each user
generally in accordance with the form and content of bills of the
corporation to its residential customers, including, but not limited
to, the opening and closing readings for the meter, and the
identification of all rates and quantities attributable to each block
in the applicable rate structure. The master-meter customer shall
also post, in a conspicuous place, the applicable prevailing
residential gas or electrical rate schedule, as published by the
corporation.
(2) Notwithstanding any other provision of law, a master-meter
customer shall separately bill each user for gas or electric service,
or both, and rent. A master-meter customer shall not charge a user
of electricity or gas any late charge for gas or electric service as
a result of nonpayment or delayed payment of rent. For nonpayment of
delayed payment of gas or electric service by a user, the
master-meter customer may impose a late charge up to an amount that
does not exceed that which the electrical or gas corporation would
charge for nonpayment or delayed payment for electric or gas service.
(f) The commission shall require that every electrical and gas
corporation shall notify each master-meter customer of its
responsibilities to its users under this section.
(g) The commission shall accept and respond to complaints
concerning the requirements of this section through the consumer
affairs branch, in addition to any other staff that the commission
deems necessary to assist the complainant. In responding to the
complaint, the commission shall consider the role that the office of
the county sealer in the complainant's county of residence may have
in helping to resolve the complaint and, where appropriate,
coordinate with that office.
(h) Notwithstanding any other provision of law or decision of the
commission, the commission shall not deny eligibility for the
California Alternative Rates for Energy (CARE) program, created
pursuant to Section 739.1, for a residential user of gas or electric
service who is a submetered resident or tenant served by a
master-meter customer on the basis that some residential units in the
master-meter customer's mobilehome park, apartment building, or
similar residential complex do not receive gas or electric service
through a submetered system.
SEC. 2. Section 2791 of the Public
Utilities Code is amended to read:
2791. (a) The owner of a
master-metered mobilehome park or manufactured housing community that
provides gas or electric service to residents may
shall transfer ownership and operational responsibility
for the gas or electric system to the gas or
electric electrical corporation providing
service in the area in which the park or community is located
pursuant to this chapter, or as the park or community owner and the
serving gas or electric electrical
corporation mutually agree.
(b) Costs, including both costs related to transfer procedures and
costs related to construction, related to the transfer of ownership
process, whether or not resulting in a transfer of ownership to the
serving gas or electric corporation, shall not be passed through to
the park or community residents. Costs related to the transfer of
ownership process, whether or not resulting in a transfer of
ownership to the serving gas or electric corporation, shall not be
passed through to the gas or electric corporation, except as
otherwise provided in this chapter.
(c) Residents of mobilehome parks and manufactured housing
communities constructed after January 1, 1997, shall be individually
metered and served by gas and electric distribution facilities owned,
operated, and maintained by the gas or electric corporation
providing the service in the area where the new park or community is
located consistent with the commission's orders regarding unbundling,
aggregation, master-metering, and selection of suppliers by
residential customers. Each gas and electric corporation shall
cooperate with the owner of any park or community constructed after
January 1, 1997, to ensure timely and expeditious installation of the
gas and electric distribution system and to eliminate any delay in
the design, construction, permitting, and operation of the gas and
electric system in the park or community.
SEC. 3. Section 2792 of the Public
Utilities Code is repealed.
2792. (a) Upon receipt of a written notice of intent to transfer
from the mobilehome park or manufactured housing community owner, the
gas or electric corporation shall within 90 days do all of the
following:
(1) Meet with the park or community owner to describe the
procedures involved in a transfer of ownership and operation
responsibility.
(2) Perform a preliminary review of the gas or electric system, or
both, in the park or community.
(3) Inspect documentation provided by the park or community owner
of the construction, operation, and condition of the gas or electric
system, or both.
(4) Advise the park or community owner concerning the general
condition of the plant and equipment, along with a preliminary
opinion concerning the extent of construction work or other activity
necessary to comply with Section 2794.
(5) Offer a preliminary nonbinding estimate of the cost of
transfer.
(6) Offer the park or community owner a preliminary nonbinding
cost estimate to perform an engineering evaluation and estimate the
construction work and equipment replacement to be performed by the
gas or electric corporation at the owner's expense.
(b) The gas or electric corporation shall develop the cost
estimate for the engineering evaluation in good faith using the same
methodology as is used for similar projects. The preliminary cost
estimate shall be effective for a minimum of 90 days. The gas or
electric corporation shall give the owner timely notice of any
increase in the estimated cost of the engineering evaluation.
(c) During 1997, gas and electric corporations shall make a good
faith effort to respond within 90 days to the notice provided in
subdivision (a).
(d) The gas or electric corporation may charge a fee for the
initial inspection not to exceed one hundred fifty dollars ($150).
SEC. 4. Section 2793 of the Public
Utilities Code is repealed.
2793. (a) Upon receipt from the park or community owner of a
deposit representing the gas or electric corporation's estimated cost
of the engineering evaluation, the gas or electric corporation
shall, within 90 days, do all of the following:
(1) Develop an engineering plan for bringing the gas or electric
system to the standard described in Section 2794, incorporating all
relevant documentation including plans, drawings, engineering
studies, and other existing documentation provided by the park or
community owner, and considering incorporation of all portions of the
gas or electric system found to be used, useful, and compatible.
(2) Develop an appraisal of the value to the gas or electric
corporation of the physical plant and equipment found to be used,
useful, and compatible that comprise the gas or electric system, or
both, to be transferred, including an estimate of the remaining
useful life of the gas or electric system. The value to the gas or
electric corporation shall take into consideration the expenditures
by the park or community owner to comply with the criteria
established in Section 2794.
(3) Present a proposal, in sufficient detail to serve as a bid
document for the transfer of ownership of the system to the gas or
electric corporation.
(b) The proposal may be based on either of the following
approaches or as the park or community owner and the gas or electric
corporation mutually agree:
(1) The park or community owner is responsible for all
construction and equipment replacement activity, if any, at the park
or community owner's expense less any credits or allowances, if any,
including credits or allowances based on incremental increases in the
gas or electric corporation's revenues associated with the park or
community owner's investment in the gas or electric system. The
construction and equipment replacement and the credits and allowances
shall be based on the principles established in the gas or electric
corporation's line and service extension rules, if applicable.
(2) The gas or electric corporation shall pay the park or
community owner for the appraised value to the gas or electric
corporation of any gas or electric distribution facilities found to
be used, useful, and compatible. If any new facilities are necessary,
the park or community owner shall be responsible for the costs of
the excavation, installation of substructures, conduit and meter
panels, and surface repairs. Except as provided in paragraph (4) of
subdivision (c), the gas or electric corporation shall be responsible
for the costs of any additional construction and equipment
replacement, including cabling and transformers.
(c) The proposal shall include the following:
(1) A description of construction and equipment replacement
activity, if any, to be accomplished at the park or community owner's
expense.
(2) Requirements for any additional provisions or rights for the
construction or maintenance of public utility facilities on park or
community premises, including easements and rights-of-way acceptable
to the gas or electric corporation.
(3) Any specific requirements or costs, or both, with respect to
the presence of used and useful materials or equipment that are
nonstandard, including, but not limited to, inventory requirements,
specialized equipment requirements, or specialized personnel or
training.
(4) Any specific requirements or costs, or both, with respect to
the presence of exceptional construction conditions or operation and
maintenance conditions.
(d) If the actual cost of the engineering evaluation is greater
than the gas or electric corporation estimate, the park or community
owner shall pay the gas or electric corporation the difference within
30 days of receipt of notice. If the actual cost of the engineering
evaluation is less than the deposit, the gas or electric corporation
shall pay the park or community owner the difference within 30 days.
The content of the proposal shall become the property of the park or
community owner.
(e) Within 90 days of receipt of the proposal for transfer of
ownership, a park or community owner may do any of the following:
(1) Present objections to the gas or electric corporation in
writing for resolution and may require mediation of the commission if
the parties are unable to resolve the objection.
(2) Decline to proceed, without prejudice to the right to present
a new notice at any future date.
(3) Accept the proposal and contract with the gas or electric
corporation for completion of the construction work and equipment
replacement, if any, or the acquisition of the gas or electric
system, or both.
(4) Accept the proposal and contract with an approved third party
for completion of the construction work and equipment replacement, if
any, in accordance with the applicable gas or electric corporation
applicant installation rules.
(f) Any new facilities provided by the gas or electric corporation
to extend distribution or service facilities from the existing gas
or electric corporation system within the park to previously
undeveloped locations shall be provided in accordance with line
extension rules and service extension rules contained in gas or
electric corporation tariffs filed with the commission, including any
and all free extensions, allowances, and advances subject to refund.
(g) Upon completion of construction work and equipment
replacement, if any, receipt of appropriate inspection approval from
the gas or electric corporation and authorities having jurisdiction
for the inspections, and completion of all financial transactions
among the parties, the park or community owner shall transfer and the
gas or electric corporation shall acquire ownership and operational
responsibility for the gas or electric system.
(h) Upon receipt of the proposal described in paragraph (3) of
subdivision (a), the park or community owner shall notify the park
residents concerning the pendency of a transfer process request and
the provisions of the transfer process law.
SEC. 5. Section 2794 of the Public
Utilities Code is repealed.
2794. (a) A gas or electric system shall be considered acceptable
for transfer if it is in compliance with the following criteria:
(1) It is capable of providing the end users a safe and reliable
source of gas or electric service.
(2) It meets the commission's general orders, is compatible, and,
in the case of new construction, meets the gas or electric
corporation's design and construction standards insofar as they are
related to safety and reliability. The parties may waive these
requirements by mutual agreement and, where necessary, with
commission approval. The deviations as are agreed upon may be
reflected in the purchase price.
(3) It is capable of serving the customary expected load in the
park or community determined in accordance with a site-specific
study, studies of comparable parks or communities, industry
standards, and the gas or electric corporation's rules as approved by
the commission.
(b) As used in this section, "customary expected load" means the
anticipated level of service demanded by the dwelling units in the
park or community. The park or community owner shall not be
responsible for betterments or improvements to the gas or electric
corporation's distribution system facilities or operations that do
not benefit the park or community.
(c) Satisfaction of the criteria shall not require any particular
system architecture or replacement of used and useful equipment,
plant, or facilities, except as needed to comply with subdivision
(a). Equipment, facilities, or plant that are part of the existing
gas or electric system shall be considered compatible unless their
presence in the system would cause substantial increase in the
frequency or duration of outages in the case of failure or emergency,
or they have no remaining useful life. Pursuant to subdivision (c)
of Section 2793, equipment, facilities, or plant that require special
training for the gas or electric corporation's employees, or require
the gas or electric corporation to maintain inventories of
nonstandard equipment may be considered compatible, but their
presence may be reflected in the appraised value or the cost imposed
on the park or community owner.
SEC. 6. Section 2795 of the Public
Utilities Code is repealed.
2795. The park or community owner and the gas or electric
corporation shall develop a cost for the transfer of the gas or
electric system that reflects the factors in Section 2793, indemnity
and liability issues, and any other factors as the parties may
mutually agree upon, and to which the gas or electric corporation's
ratepayers are indifferent. The parties may agree on a schedule for
phasing in facilities to meet expected load increases and
betterments, and the costs associated with those activities.
SEC. 7. Section 2796 of the Public
Utilities Code is repealed.
2796. (a) During the pendency of a transfer request, the owner of
the park or community shall be responsible for the continued
maintenance to preserve the integrity of the park or community gas or
electric system and safe and reliable operation of the park or
community system in accordance with applicable laws.
(b) During the pendency of a transfer request the owner of the
park or community shall be liable for injury and damage resulting
from operation of the submetered gas and electric system. After
transfer the gas or electric corporation shall assume responsibility
for operation of the gas or electric system and provision of service
to residents of the park or community and shall assume liability for
any future injury or damage resulting from operation of the gas or
electric system except with respect to defects known to the park or
community owner and not disclosed to the gas or electric corporation
during the transfer of ownership process.
SEC. 8. Section 2797 of the Public
Utilities Code is amended to read:
2797. The commission shall permit the gas or electric
electrical corporation to recover in its revenue
requirement and rates all costs to acquire, improve, upgrade,
operate, and maintain transferred mobilehome park or manufactured
housing community gas or electric systems.
SEC. 9. Section 2798 of the Public
Utilities Code is amended to read:
2798. The commission shall adopt a standard form of agreement for
transfer of gas and electric distribution facilities in mobilehome
parks and manufactured housing communities that shall be the basis
for expedited approval of the transfers. The contract shall be based
on this chapter, the regulations of the commission, and on
gas or electric corporation rules and regulations,
as approved by the commission.
SEC. 10. Section 2799 of the Public
Utilities Code is repealed.
2799. (a) The mobilehome park or manufactured housing community
owner may, by written notice, stop the transfer process at any time.
Within 60 days of delivery to the park or community owner of an
itemized bill, the owner shall reimburse the gas or electric
corporation for all costs incurred through the date notice is
provided.
(b) At any time during the transfer of ownership process, either
party may apply to the commission for informal mediation and
resolution of any issue, finding, determination, or delay in the
conversion process.
(c) If the initiation of the transfer process does not result in a
transfer of the park or community owner's gas or electric system to
the gas or electric corporation, all information, data, reports,
studies, and proposals shall be retained by the gas or electric
corporation for a period of five years or offered to the park or
community owner. Prior to disposal of the records, the gas or
electric corporation shall offer them to the park or community owner,
except that the gas or electric corporation shall not be required to
provide proprietary information to the park or community owner.
SEC. 2. SEC. 11. The heading of
Chapter 1 (commencing with Section 9500) is added to Division 4.8 of
the Public Utilities Code, to read:
CHAPTER 1. WEATHERIZATION SERVICES
SEC. 3. SEC. 12. Chapter 2
(commencing with Section 9505) is added to Division 4.8 of the Public
Utilities Code, to read:
CHAPTER 2. MASTER-METER CUSTOMERS
9505. (a) (1) Whenever gas or electric service, or both, is
provided by a master-meter customer to users who are tenants of a
mobilehome park, apartment building, or similar residential complex,
the master-meter customer shall charge each user of the service at
the same rate that would be applicable if the user were receiving gas
or electricity, or both, directly from a local publicly owned
electric or gas utility.
(2) Notwithstanding any other provision of law, a master-meter
customer shall separately bill each user for gas or electricity
service, or both, and rent. A master-meter customer shall not charge
a user of electricity or gas any late charge for gas or electric
service as a result of nonpayment or delayed payment of rent. For
nonpayment or delayed payment of gas or electric service by a user,
the master-meter customer may impose a late charge up to an amount
that does not exceed that which the local publicly owned electric or
gas utility would charge for nonpayment or delayed payment for
electric or gas service.
(b) Every master-meter customer of a gas or electrical corporation
subject to subdivision (a) who receives any rebate from the local
publicly owned electric or gas utility shall distribute to, or credit
to the account of, each current user served by the master-meter
customer that portion of the rebate which the amount of gas or
electricity, or both, consumed by the user during the last billing
period bears to the total amount furnished by the utility to the
master-meter customer during that period.
(c) (1) Every master-meter customer is responsible for maintenance
and repair of its submeter facilities beyond the master-meter, and
nothing in this section requires a local publicly owned electric or
gas utility to make repairs to or perform maintenance on the submeter
system. For purposes of this subdivision only, a master-meter
customer of a local publicly owned electric or gas utility is subject
to the jurisdiction of the commission.
(2) If the commission finds that a master-meter customer has
failed to maintain or repair its submeter facilities beyond the
master-meter, the commission may order the master-meter customer to
maintain or repair those facilities.
(3) In addition to any authority granted the commission to make or
enforce orders pursuant to Chapter 11 (commencing with Section
2100), if the commission
finds that a master-meter customer has failed to maintain or repair
its submeter facilities beyond the master-meter, the commission may
order that any master-meter discount provided to the master-meter
customer by a local publicly owned electric or gas utility be held in
trust to be expended for maintenance and repair of the submeter
facilities.
(d) Every master-meter customer shall provide an itemized billing
of charges for electricity or gas, or both, to each user generally in
accordance with the form and content of bills of the local publicly
owned electric or gas utility to its residential customers, including
the opening and closing readings for the meter, and the
identification of all rates and quantities attributable to each block
in the applicable rate structure. The master-meter customer shall
also post, in a conspicuous place, the applicable prevailing
residential gas or electrical rate schedule, as published by the
utility.
(e) A local publicly owned electric or gas utility shall notify
each master-meter customer of its responsibilities to its users under
this section.
(f) The commission shall accept and respond to complaints of users
of a mater-meter customer concerning the requirements of subdivision
(c) through the consumer affairs branch, in addition to any other
staff that the commission deems necessary to assist the complainant.
In responding to the complaint, the commission shall consider the
role that the office of the county sealer in the complainant's county
of residence may have in helping to resolve the complaint and, where
appropriate, coordinate with that office.
SEC. 4. SEC. 13. Section 12821.5 of
the Public Utilities Code is repealed.
SEC. 5. SEC. 14. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only
certain costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
With respect to certain other costs, no reimbursement is required
by this act pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.