BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                  SB 1154|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                              UNFINISHED BUSINESS


          Bill No:  SB 1154
          Author:   Cedillo (D)
          Amended:  8/16/10
          Vote:     21

           
           SENATE ENERGY, U.&C. COMMITTEE  :  10-0, 4/20/10
          AYES:  Padilla, Dutton, Corbett, Florez, Kehoe, Lowenthal,  
            Oropeza, Simitian, Strickland, Wright
          NO VOTE RECORDED:  Cox

           SENATE APPROPRIATIONS COMMITTEE  :  10-0, 5/27/10
          AYES: Kehoe, Alquist, Corbett, Denham, Leno, Price,  
            Walters, Wolk, Wyland, Yee
          NO VOTE RECORDED: Cox

           SENATE FLOOR  :  35-0, 6/1/10
          AYES: Aanestad, Alquist, Ashburn, Calderon, Cedillo,  
            Cogdill, Corbett, Correa, Cox, Denham, DeSaulnier,  
            Ducheny, Dutton, Florez, Hancock, Harman, Hollingsworth,  
            Huff, Kehoe, Leno, Liu, Lowenthal, Negrete McLeod,  
            Padilla, Pavley, Price, Romero, Runner, Simitian,  
            Steinberg, Strickland, Wolk, Wright, Wyland, Yee
          NO VOTE RECORDED: Oropeza, Walters, Wiggins, Vacancy,  
            Vacancy

           ASSEMBLY FLOOR  :  Not available 


           SUBJECT  :    Public Utilities Commission:  Earned Income Tax  
          Credit

           SOURCE  :     Author
                                                           CONTINUED





                                                               SB 1154
                                                                Page  
          2



           DIGEST  :    This bill requires, until January 1, 2015,  the  
          Public Utilities Commission (PUC) to ensure that all  
          applications for the California Alternate Rates for Energy  
          (CARE) and the Universal Lifeline Telephone Service (ULTS)  
          programs include information about the applicant's  
          eligibility to qualify for the federal (EITC).  This bill  
          also requires the Low-Income Oversight Board to make  
          recommendations on whether CARE and ULTS programs could  
          assist with outreach regarding the EITC in a manner that  
          would not detract from the primary goals of these programs  
          and would minimize negative ratepayer impacts.

           Assembly Amendments  require that a telephone corporation  
          ULTS application include the information required by the  
          PUC, and sunsets the bill January 1, 2015.

           ANALYSIS  :    Current law establishes the CARE program,  
          administered by the investor-owned utilities, which  
          provides eligible low-income customers a 20 percent  
          discount on their electric and natural gas bills.

          Current law establishes the ULTS program, administered by  
          the PUC, which provides eligible low-income customers a 50  
          percent discount on the rate of basic telephone service.

          Current federal law provides for the EITC, a refundable  
          federal income tax credit for low- to moderate-income  
          working households.

          Existing law requires the PUC to establish a program of  
          assistance to low-income electric and gas customers, which  
          is referred to as the CARE program.  The Moore Universal  
          Telephone Service Act establishes the ULTS program in order  
          to provide low-income households with access to affordable  
          basic residential telephone service.

          This bill, until January 1, 2015, requires the commission  
          to ensure that all applications for the CARE and ULTS  
          programs include specified information about the  
          applicant's eligibility to qualify for the federal Earned  
          Income Tax Credit.  The bill requires that a telephone  
          corporation's ULTS application include the information  

                                                           CONTINUED





                                                               SB 1154
                                                                Page  
          3

          required by the commission.

          Existing law establishes the Low-Income Oversight Board for  
          the purpose of advising the commission on low-income  
          electric, gas, and water customer issues and serving as a  
          liaison for the commission to low-income ratepayers and  
          representatives.

          This bill requires the board to make recommendations on  
          whether the CARE and ULTS programs could assist with  
          outreach regarding the federal Earned Income Tax Credit in  
          a manner that would not detract from the primary goals of  
          these programs and would minimize negative ratepayer  
          impacts.

           Background
           
           Tax Credit Refunds  .  According to a March 2010 report of  
          the New America Foundation, an estimated 2.4 million  
          California residents will claim $4.95 billion in EITC  
          refunds in 2009.  However, the report predicts an  
          additional 800,000 Californians will fail to claim the  
          credit, thereby leaving an estimated $1.2 billion in EITC  
          refunds on the table.  On average, families not claiming  
          the credit would have received a refund amounting to  
          $1,400.  The report states:  "The families and individuals  
          who miss out are not the only losers when these refunds go  
          unclaimed.  Local economies never benefit from this money.   
          These dollars are never spent at local businesses, so fewer  
          jobs are created, fewer wages are paid, and eventually less  
          tax revenue goes to state and local governments.  These  
          refunds are a foregone economic stimulus for California."

          According to the Internal Revenue Service Web site, income  
          eligibility for the EITC and the amount of credit varies  
          with the number of children in the household, ranging from  
          a maximum tax credit of $5,657 in a household with three or  
          more qualifying children and adjusted gross income of less  
          than $43,279 to a maximum tax credit of $457 in a household  
          with no qualifying children and adjusted gross income of  
          less than $13,440.  

           CARE Program  .  A customer can be eligible for the CARE  
          program based on (1) household income, ranging from less  

                                                           CONTINUED





                                                               SB 1154
                                                                Page  
          4

          than $30,500 for a household of one or two persons to less  
          than $58,000 for a household of six persons, or (2)  
          enrollment in public assistance programs such as  
          Medicaid/Medi-Cal, Supplemental Security Income, etc. The  
          costs of the CARE programs are paid by ratepayers.  Each  
          investor-owned utilities is authorized to recover its cost  
          of administering the CARE program through a surcharge on  
          each customer's bill.  The utilities offer customers a  
          variety of procedures for applying for CARE, including  
          mail, telephone, and online applications and  
          recertifications.  The utilities are required to submit  
          annual reports on the program to the PUC.

           ULTS Program.   A customer can be eligible for ULTS, also  
          known as Lifeline service, based on (1) household income  
          ranging from less than $24,000 for a household of one or  
          two persons to less than $34,000 for a household of four  
          persons, or (2) enrollment in public assistance programs.   
          The ULTS is funded through an all end-user surcharge on  
          intrastate telecommunications service, with funds going to  
          the PUC, which administers the program.  The PUC pays an  
          outside contractor, Solix, for handling all initial  
          application forms and annual recertification applications. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Assembly Appropriations Committee:

          1.Administrative costs to PUC would be minor and  
            absorbable. 

          2.Annual special fund cost to provide Tax Credit  
            information to Universal Lifeline Telephone Service  
            (UTLS) participants would be about $400,000, based on the  
            cost of providing a two-sided insert for $4 million new  
            applicants and recertification applicants annually.  
            [Universal Lifeline Telephone Service Fund] 

          3.Any costs to provide Tax Credit information to low-income  
            customers eligible for the California Alternative Rates  
            for Energy (CARE) program would be borne by natural gas  
            and electricity ratepayers. 


                                                           CONTINUED





                                                               SB 1154
                                                                Page  
          5

           SUPPORT  :   (Verified  8/25/10)

          TURN


           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          one of the main reasons eligible Californians do not apply  
          for the EITC is that they do not know about the program.   
          "Partnering with an established program like CARE and  
          Lifeline to do outreach about the federal EITC will allow  
          information about the EITC to reach target populations that  
          would most likely qualify for the EITC."



          DLW:nl  8/25/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****

























                                                           CONTINUED