BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1316
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          ASSEMBLY THIRD READING
          AB 1316 (Ma)
          As Amended  June 1, 2009
          Majority vote 

           UTILITES AND COMMERCE            9-5                 
          APPROPRIATIONS      12-5                            
           
           ------------------------------------------------------------------ 
          |Ayes:|Fuentes, Carter, Fong,    |Ayes:|De Leon, Ammiano, Charles  |
          |     |Furutani, Huffman,        |     |Calderon, Davis, Fuentes,  |
          |     |Krekorian, Skinner,       |     |Hall, John A. Perez,       |
          |     |Swanson, Torrico          |     |Price, Skinner, Solorio,   |
          |     |                          |     |Torlakson, Krekorian       |
          |     |                          |     |                           |
          |-----+--------------------------+-----+---------------------------|
          |Nays:|Duvall, Tom Berryhill,    |Nays:|Nielsen, Duvall, Harkey,   |
          |     |Blakeslee, Fuller, Smyth  |     |Miller,                    |
          |     |                          |     |Audra Strickland           |
           ------------------------------------------------------------------ 
           SUMMARY  :   Expands the size and responsibilities of the  
          Low-Income Oversight Board (LIOB) within the Public Utilities  
          Commission (PUC).  Specifically,  this bill:  

          1)Requires the President of PUC to appear annually before the  
            Legislature to report on the status of low-income programs.

          2)Increases the number of members of LIOB to 12 by adding one  
            member selected by the State Air Resources Board.
           
          3)Directs LIOB to solicit public input and recommendations from  
            underserved communities through community outreach activities  
            such as town hall meetings and forums to the extent possible.

          4)Removes the authorization to create a technical advisory  
            committee.  Requires LIOB to establish an advisory committee  
            consisting of at least one employee of DRA.  Authorizes the  
            committee to request assistance from PUC staff, utility  
            representatives, low-income service providers and consumer  
            organizations.

           EXISTING LAW  :

          1)Establishes a low-income energy assistance program for  








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            electric and natural gas service customers of investor-owned  
            utilities (IOUs) funded by a surcharge on energy bills. 

          2)Requires that the Department of Community Services and  
            Development receive and administer the federal Low-Income Home  
            Energy Assistance Program Block Grant, provided for pursuant  
            to the Low-Income Home Energy Assistance Act of 1981.

          3)Establishes a Low-Income Oversight Board to advise PUC on  
            low-income electric, gas, and water customer issues and to  
            serve as a liaison for the commission to low-income ratepayers  
            and representatives.

          4)Requires LIOB to monitor and evaluate implementation of all  
            programs provided to low-income electricity, gas, and water  
            customers.

          5)Proscribes the makeup of the Low-Income Oversight Board as  
            being comprised of 11 members.

          6)Authorizes LIOB to establish a technical advisory committee  
            consisting of low-income service providers, utility  
            representatives, consumer organizations, and PUC staff, to  
            assist the board.

          7)Provides that all reasonable costs incurred by the board in  
            carrying out its duties will be reimbursed.

           FISCAL EFFECT  :   According to the Assembly Appropriations  
          Committee, ongoing special fund costs [Public Utilities  
          Reimbursement Account] of about $140,000 to PUC for 1.5  
          positions to support the oversight board's additional functions.

           COMMENTS  :  LIOB was established by SB 2 X2 (Alarc?n), Chapter  
          11, 2nd Extraordinary Session, Statutes of 2001, for the purpose  
          of enhancing the effectiveness of various energy assistance  
          programs in order to mitigate the disproportionately high impact  
          of the energy crisis on low-income individuals.  It was the  
          intent of SB 2 X2 to ensure that low-income needs and interests  
          would be well represented in PUC's decision-making process.  The  
          current role of LIOB is to monitor the implementation of  
          low-income programs.  

          Current federal and state law provides for a number of  








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          low-income energy assistance programs. State law and federal law  
          each a program that provides a financial subsidy for energy  
          bills and a program that provides weatherization services.   
          Weatherization decreases the heating and cooling costs for  
          low-income families by improving the energy efficiency of their  
          homes.  The current makeup of LIOB is reflective of the various  
          perspectives needed to ensure adequate oversight of these  
          low-income programs.  

          The current economic downturn may increase the need to ensure  
          that low-income needs and interests are being represented in  
          policy discussions at PUC and in the Legislature.  To address  
          this potential concern, this bill requires the President of PUC  
          to appear annually before the Legislature to report on the  
          status of low-income programs.
           
           This bill also adds a 12th member to LIOB.  During a joint  
          hearing of the Assembly Natural Resources committee and the  
          Senate Committee on Energy, Utilities and Communications  
          regarding the implementation of AB 32, The Global Warming  
          Solutions Act of 2006 (Nunez), Chapter 488, Statutes of 2006,  
          community-based organizations testified that the implementation  
          process lacked adequate representation for low-income  
          communities.  Additionally, the Air Resource Board's (ARB)  
          decisions regarding the implementation of AB 32 with respect to  
          the electricity sector have been, and will be, done in  
          consultation with PUC.  Therefore, adding a seat for the ARB on  
          LIOB may help to bring low-income issues a stronger presence  
          during the implementation of AB 32 directly and indirectly.   


           Analysis Prepared by  :    Nina Kapoor / U. & C. / (916) 319-2083 

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