BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1108
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 1108 (Fuentes)
          As Amended  June 1, 2009
          Majority vote 

           UTILITIES & COMMERCE          11-2                   
          APPROPRIATIONS      12-5        
           
           ------------------------------------------------------------------ 
          |Ayes:|Fuentes, Blakeslee,       |Ayes:|De Leon, Ammiano, Charles  |
          |     |Buchanan, Carter, Fong,   |     |Calderon, Davis, Fuentes,  |
          |     |Furutani, Huffman,        |     |Hall, John A. Perez,       |
          |     |Krekorian, Skinner,       |     |Price, Skinner, Solorio,   |
          |     |Swanson, Torrico          |     |Torlakson, Krekorian       |
          |     |                          |     |                           |
          |-----+--------------------------+-----+---------------------------|
          |Nays:|Duvall, Fuller            |Nays:|Nielsen, Duvall, Harkey,   |
          |     |                          |     |Miller,                    |
          |     |                          |     |Audra Strickland           |
          |     |                          |     |                           |
           ------------------------------------------------------------------ 
           SUMMARY  :   Requires the transfer of ownership and operational  
          responsibility of gas and electric infrastructure in mobilehome  
          parks in which the park owner is a master-meter customer and the  
          tenants are submetered.  Specifically,  this bill:

           1)Requires the owner of a master-metered mobilehome park that  
            provides gas or electric service to residents to transfer  
            ownership and operational responsibility for the gas or  
            electric system to the gas or electric electrical corporation.

          2)Requires PUC to open a proceeding to adopt rules and  
            regulations, including cost responsibilities, to govern the  
            transfers required by this bill that balance the interests of  
            submetered mobilehome park tenants and utility ratepayers.

          3)Requires PUC to prioritize the transfer of parks that have gas  
            or electric systems with unsafe or substandard conditions.

           EXISTING LAW:
           
          1)States that whenever residential light, heat, or power is  
            furnished through a submeter system by a master-meter customer  
            for sale to users who are tenants of a mobilehome park,  








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            apartment building, or similar residential complex, the  
            master-meter customer is responsible for maintenance and  
            repair of its submeter facilities beyond the master meter.

          2)Requires PUC to direct the gas or electric 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.

          3)Allows 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 to the gas or electric corporation providing  
            service in the area in which the park or community is located  
            under certain conditions.

          4)Requires that residents of mobilehome parks and manufactured  
            housing communities constructed after January 1, 1997, 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. 

          5)Requires public utilities to provide and maintain such  
            adequate, efficient, just and reasonable service as are  
            necessary to promote the health and safety of its patrons, and  
            the public.

           FISCAL EFFECT :  According to the Assembly Appropriations  
          Committee, costs to PUC for investigating the condition of  
          sub-metered infrastructure, on a complaint-driven basis, would  
          depend on the number of complaints.  PUC estimates a need for  
          four positions at a special fund cost of about $500,000  
          annually.  [Public Utilities Reimbursement Account].   
          Furthermore, PUC would incur additional costs for the ratemaking  
          proceeding.  

           COMMENTS  :  Over 2,000 mobilehome park owners in the state  
          provide utility services to their tenants through a master  
          meter.  In such cases, the park owner receives service from the  
          utility at a master meter.  The electricity is then distributed  
          to tenants through infrastructure owned by the park owner and a  








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          sub-meter located at each tenant's mobilehome.  The tenants are  
          then billed by the park owner for the services they use in the  
          same way that a utility would if the tenant was being directly  
          served by a utility. 

          Current law requires that the utility company give the park  
          owner a discount (differential) in order to recover the costs of  
          operating the system.  The differential is set as an amount per  
          occupied space.  Pacific Gas and Electric Company (PG&E)  
          currently provides a differential of $21.76 per month per  
          occupied space.  The cumulative amount of this differential can  
          be significant.  In PG&E territory alone, it has amounted to $67  
          million over the past three years.  Current law does not provide  
          any oversight regarding the use of this money. 

          Under current law, mobilehome park owners who are master-meter  
          customers are in essence acting like small utilities.  Park  
          owners are responsible for the same functions as utilities  
          including maintaining, repairing and replacing the distribution  
          system.  They are also responsible for reading meters and  
          billing customers.  A mobilehome park owner may or may not have  
          the expertise to provide these services adequately. 

          AB 622 (Conroy), Chapter 424, Statutes of 1996, required gas and  
          electric corporations to assume ownership of master-metered  
          systems in mobilehome parks upon the completion of a specified  
          process.  Some mobilehome park owners claim that AB 622  
          requirements have made the transfer of the systems  
          cost-prohibitive.  In fact, no systems have been transferred  
          since the passage of AB 622 thirteen years ago.  This bill  
          repeals AB 622 requirements and instead requires that the  
          utilities assume ownership of these systems under rules and  
          regulations to be determined by PUC.  
           
           
          Analysis Prepared by  :    Nina Kapoor / U. & C. / (916) 319-2083 


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