BILL ANALYSIS                                                                                                                                                                                                              1
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                SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                                 ALEX PADILLA, CHAIR
          

          AB 1316 -  Ma                                Hearing Date:  July  
          7, 2009               A
          As Amended:         June 1, 2009             FISCAL       B

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                                      DESCRIPTION
           
           Current law  establishes a low-income energy assistance program  
          for electric and natural gas service customers of investor-owned  
          utilities (IOUs) funded by a surcharge on energy bills. 

           Current law  establishes a Low-Income Oversight Board (LIOB) to  
          advise the California Public Utilities Commission (CPUC) on  
          low0income electric, gas, and water customer issues and to serve  
          as a liaison for the commission to low-income ratepayers and  
          representatives. 

           Current law  requires the LIOB to monitor and evaluate  
          implementation of all programs provided to low-income  
          electricity, gas, and water customers. 

           Current law  authorizes the LIOB to establish a technical  
          advisory committee consisting of low-income service providers,  
          utility representatives, consumer organizations, and CPUC staff,  
          to assist the board.

           Current law  provides that all reasonable costs incurred by the  
          board in carrying out its duties will be reimbursed. 

           This bill  would require the President of the CPUC to report  
          annually to the legislature on the status of low-income  
          programs. 

           This bill  would increase the number of board members on the LIOB  
          from 11 to 12 by adding a member from the State Air Resources  
          Board. 












           This bill  would remove the authorization of the LIOB to create a  
          technical advisory committee and it would require the LIOB to  
          establish a regulatory advisory committee. 

           This bill  would require that the LIOB actively solicit public  
          input and recommendations from underserved communities. 

           This bill  would expand the responsibilities of the LIOB within  
          the CPUC. 












































                                      BACKGROUND

           The LIOB was established by SB 2xx (Alarcon), Chapter 11, 2nd  
          Extraordinary Session, Statues of 2001, for the purpose of  
          enhancing the effectiveness of various energy assistance  
          programs for low-income individuals. Currently, the LIOB's role  
          is to advise the CPUC on low-income electric and gas customer  
          issues. The LIOB also serves as a liaison for the CPUC with  
          low-income ratepayers and representatives and advises the CPUC  
          on low-income electric and gas customer needs.  

          The CPUC also has the Division of Ratepayer Advocates that  
          represents and advocates on behalf of the interests of public  
          utility customers. The statutory goal of the division is to  
          obtain the lowest possible rate for service consistent with  
          reliable and safe service levels, and does not specify  
          low-income customers in any way. 

          California has several assistance programs for low-income  
          customers. The California Alternate Rates for Energy (CARE)  
          discounts 20% on electric and natural gas bills, the Low-Income  
          Energy Efficiency (LIEE) is a weatherization and energy  
          efficiency program and at the federal level there is also the  
          Low-Income Home Energy Assistance Program (LIHEAP) that provides  
          funding to assist with energy bills and offset heating and/or  
          cooling energy costs. 

                                       COMMENTS

             1.   According to the author  - This bill would improve the  
               access to assistance programs for millions of low-income  
               and fixed income households. The author believes that the  
               CPUC needs to revisit its role in representing and serving  
               low-income communities.  
           
             2.   Need for more low-income input  - With many new programs  
               being implemented, such as California's new Renewable  
               Portfolio Standards and AB 32 goals, it is important that  
               low-income communities be able to offer input as they may  
               be impacted with this new legislation. The LIOB seeks to  
               gather comments and concerns from these groups to make sure  
               that they are properly represented. 

              3.   New LIOB responsibilities  - The LIOB would be required  










               to monitor and evaluate all programs provided to low-income  
               electricity, gas, and water customers. The LIOB may not be  
               able to take on such a large workload and the author may  
               wish to narrow the scope of the LIOB to focus on programs  
               and issues that only deal with low-income communities. If  
               the author does wish to expand the responsibilities of the  
               LIOB then the author may want to consider providing them  
               with staff and resources so that they can provide adequate  
               care to the issues raised by these communities. 

               The LIOB would also be required to make recommendations to  
               the Legislature, if requested, on policy or legislation  
               impacting low-income customers. The additional workload on  
               the LIOB may exceed the LIOB's capacity because they are a  
               voluntary board and share their resources with other  
               departments at the CPUC. 

             4.   The bill also requires the LIOB, to the extent possible,  
               to solicit public input and recommendations from  
               underserved communities through town hall meetings.  Such  
               meetings may not be necessary as the LIOB members are  
               selected from community-based organizations, and therefore  
               regularly interact with these communities.  It may  
               therefore be a more efficient use of time to the entire  
               LIOB board meet to discuss and advise the CPUC on the  
               pertinent issues that were addressed in their meetings. 

                                    ASSEMBLY VOTES
           
          Assembly Floor                     (47-30)
          Assembly Appropriations Committee  (12-5)
          Assembly Utilities and Commerce Committee                       
          (9-5)

                                       POSITIONS
           
           Sponsor:
           
          Latino Issues Forum

           Support:
           
          California/Nevada Community Action Partnership
          Southern California Edison












           Oppose:
           
          California Public Utilities Commission

          
















          Melissa Macias 
          AB 1316 Analysis
          Hearing Date:  July 7, 2009