BILL NUMBER: SB 947 AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 16, 2010 INTRODUCED BY SenatorWigginsLeno ( Principal coauthor: Assembly Member Yamada ) ( Coauthor: Assembly Member Bradford ) FEBRUARY 4, 2010An act to amend Section 69.9 of the Military and Veterans Code, relating to veterans.An act to add Article 6.5 (commencing with Section 860) to Chapter 4 of Part 1 of Division 1 of the Public Utilities Code, relating to electrical and gas corporations. LEGISLATIVE COUNSEL'S DIGEST SB 947, as amended,WigginsLeno .Department of Veterans Affairs: veterans' homes: yearly fiscal estimate package.Electrical and gas corporations: p olitical expenditures. Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations and gas corporations, as defined. The federal Public Utility Regulatory Policies Act of 1978 requires every state regulatory authority with respect to each electric utility, as defined, for which it has ratemaking authority, to determine whether to adopt certain federal standards if consistent with otherwise applicable state law. The federal standards prohibit an electric utility from recovering from any person other than the shareholders or other owners of the utility, any direct or indirect expenditure by the electric utility for promotional or political advertising, as defined. This bill would prohibit an electrical and gas corporation that serves more than 3,000,000 customers from spending funds received from ratepayers as authorized revenues on political and public affairs, as defined, related to state or local governments. The bill would require each electrical and gas corporation that serves more than 3,000,000 customers to annually report to the commission all political and public affairs spending for the preceding year and would require the commission to ensure that all political and public affairs spending identified in the annual report is not included in rates paid by the ratepayers of the electrical and gas corporation. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the provisions of this bill would be a part of the act and require action by the commission to implement its requirements, the bill would impose a state-mandated local program by creating a new crime. 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.Existing law requires the Department of Veterans Affairs, on or before January 10, 2009, and each January 10 thereafter, to provide a fiscal estimate package to the fiscal committees of the Legislature that contains specified information regarding the costs of administering state veterans' homes. Existing law also requires the department to provide an updated fiscal estimate package on or before May 15 of each year.This bill would require the department to additionally provide the fiscal estimate package and updated fiscal estimate package each year to the legislative representatives whose districts include the state veterans' homes.Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:noyes . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Article 6.5 (commencing with Section 860) is added to Chapter 4 of Part 1 of Division 1 of the Public Utilities Code , to read: Article 6.5. Political and Public Affairs Expenditures 860. (a) An electrical and gas corporation that serves more than 3,000,000 customers shall not spend funds received from ratepayers as authorized revenues on political and public affairs related to state or local governments. For purposes of this section, political and public affairs spending includes any activities involving, directly or indirectly, advocacy of the election or defeat of political candidates and of the adoption or defeat of ballot measures, through the actions of the corporation or through a third party. Political and public affairs spending prohibited by this section does not include spending on contacts with state agency officials or local officials required as part of licensing or regulatory proceedings or to optimize utility operations. (b) Each electrical and gas corporation that serves more than 3,000,000 customers shall annually report to the commission all political and public affairs spending for the preceding year, including, but not limited to, any amounts reported pursuant to the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code) to the Secretary of State, the Fair Political Practices Commission, or any local election official by any affiliate of the electrical and gas corporation, and including any amounts contributed by the utility, or any affiliate, to a reporting entity. The commission shall approve the form of the report and shall determine the annual date by which the report is to be filed by each electrical and gas corporation that serves more than 3,000,000 customers. (c) The commission shall ensure that all political and public affairs spending identified in the annual report pursuant to subdivision (b) is not included in rates paid by the ratepayers of an electrical and gas corporation that serves more than 3,000,000 customers by disallowing the reported amounts from revenues authorized to be collected from ratepayers and reducing the corporation's rates. (d) Subdivisions (a) and (c) are applicable to all ratemaking proceedings that are pending on or after January 1, 2011.SECTION 1.Section 69.9 of the Military and Veterans Code is amended to read: 69.9. (a) (1) On or before January 10, 2009, and on or before January 10 of each year thereafter, the department shall provide the fiscal committees of both houses of the Legislature with a fiscal estimate package containing the anticipated budget year costs of carrying out the current year's level of service as authorized by the Legislature for the state veterans homes. (2) On or before January 10, 2011, and on or before January 10 of each year thereafter, the department shall provide the legislative representatives whose districts include state veterans' homes with the fiscal estimate package described in paragraph (1). (b) (1) The fiscal estimate package shall include, but not be limited to, the following information, which shall be provided for each veterans home: (A) An annual resident census by level of care. (B) An annual position summary by level of care and nonlevel of care. (C) Operating and equipment expenses, including, but not limited to, the following: (i) Cost adjustments specific to the adjustment in the number of residents by level of care. (ii) Any staff adjustments, whether level of care or nonlevel of care. (D) A fiscal display of any moneys budgeted by the department as revenues or recoveries to the General Fund. (2) Each fiscal estimate package shall include, in addition to the information provided pursuant to paragraph (1), a description of the assumptions and methodologies used for calculating the resident level of care factors, all staffing costs, and operating and equipment expenses. Fiscal bridge charts shall be included that display the year-to-year changes in funding levels by funding source. (3) The department may provide any additional information as deemed appropriate to provide a comprehensive fiscal perspective to the Legislature for the analysis and deliberations for purposes of appropriation. (c) (1) On or before May 15, 2009, and on or before May 15 of each year thereafter, the department shall provide the fiscal committees of both houses of the Legislature with an updated fiscal estimate package that shall include, but is not limited to, an updated fiscal display of any moneys budgeted by the department as revenues or recoveries to the General Fund and updated fiscal bridge charts that display the year-to-year changes in funding levels by funding source. (2) On or before May 15, 2011, and on or before May 15 of each year thereafter, the department shall provide the legislative representatives whose districts include state veterans' homes with the updated fiscal estimate package described in paragraph (1).