BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 724
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 724 (Bradford)
          As Amended  May 17, 2011
          Majority vote 

           UTILITIES & COMMERCE            12-0                
          APPROPRIATIONS      13-3        
           
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          |Ayes:|Bradford, Fletcher,       |Ayes:|Fuentes, Blumenfield,     |
          |     |Buchanan, Fong, Fuentes,  |     |Bradford, Charles         |
          |     |Carter, Roger Hern�ndez,  |     |Calderon, Campos, Davis,  |
          |     |Huffman, Ma, Nestande,    |     |Gatto, Hall, Hill, Lara,  |
          |     |Skinner, Swanson          |     |Mitchell, Norby, Solorio  |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |Nays:|Harkey, Nielsen, Wagner   |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Requires the California Public Utilities Commission 
          (PUC) to open an appropriate proceeding to evaluate when an 
          owner of a mobile home park should transfer gas or electric 
          systems with unsafe or substandard conditions to the utility.  
          Specifically,  this bill  requires PUC to open an investigation or 
          other appropriate proceeding by February 1, 2012, to evaluate 
          when an owner of a master-metered gas or electric service mobile 
          home park should transfer responsibility for service to the gas 
          or electric utility.

           FISCAL EFFECT  :  According to the Assembly Appropriation 
          Committee, negligible fiscal impact, as PUC is currently 
          conducting a proceeding on the subject of this bill.

           COMMENTS  :  According to the author, the purpose of this bill is 
          to ensure residents of master- metered/submetered mobile home 
          parks are provided with safe and reliable gas or electric 
          service at reasonable rates while at the same time improving 
          public safety and grid reliability.

           1)Background  :  Over 1,500 mobile home parks owners in the state 
            provide electricity to their tenants through a master-meter.  
            In such cases, the park owner receives electricity from the 
            utility at a master-meter.  The electricity is then 
            distributed to tenants through infrastructure owned by the 








                                                                  AB 724
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            park owner and a submeter is located at each tenant's mobile 
            home.  The tenants are then billed by the park owner for the 
            electricity they use in the same way that a utility would if 
            the tenant was being directly served by a utility.

           2)Transfer requirements  :  For more than a decade, state policy 
            has disfavored the continuation of master-meter/submeter 
            systems.  Public Utilities Code Section 2791(c) requires the 
            direct-metering of electric and/or natural gas service in 
            mobile home parks constructed after January 1, 1997.  For 
            those mobile home parks constructed prior to 1997, a transfer 
            is a voluntary process.  To be transferable, a mobile home 
            park submeter system must meet certain criteria such as it 
            being a safe and reliable source of electric or natural gas, 
            it must comply with PUC's general orders and be compatible 
            with the utility's design and construction standards and it 
            must be capable of serving the expected load at the mobile 
            home park. 

          Upon receipt of a mobile home park owner's request to transfer 
            the submeter system, the utility must perform an inspection of 
            the system to determine its condition and develop an appraisal 
            of the system's value.  If the park owner accepts the 
            utility's proposal, they can proceed with a transfer of the 
            system.  Thus, in most cases, there is disagreement among both 
            parties about the cost to transfer the submeter system which 
            leads to the park owner deciding to retain ownership of the 
            system.  
           
           3)Issue  :  This bill directs PUC to open an investigation or 
            proceeding to evaluate when a park owner that provides 
            master-metered gas or electric service should be required to 
            transfer service to the utility.  Essentially, park owners who 
            are master-meter customers are acting as a public utility.  
            Park owners are responsible for the same functions as 
            utilities including maintaining, repairing and replacing the 
            distribution systems.  This raises two issues.  First, the 
            park owner may not necessarily have the expertise, financial 
            ability or equipment to provide these services adequately.  
            Lastly, PUC's authority to regulate utility infrastructure 
            ends at the master-meter.  Consequently, the lack of 
            regulation of privately-owned distribution systems could 
            impose a significant threat to public safety and overall grid 
            reliability. 








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           4)Regulatory action  :  On February 24, 2011, PUC opened a 
            rulemaking, at the petition of Western Manufactured Housing 
            Communities Association, to examine what PUC can and should do 
            to encourage the replacement by direct utility service of the 
            master-meter/submeter systems that supply electricity, natural 
            gas, or both to mobile home parks and manufactured housing 
            communities located within the franchise areas of electric 
            and/or natural gas corporations.  The proceeding will also 
            consider safety and reliability, transfer prioritization and 
            reasonableness of cost allocation of the master-meter/submeter 
            systems.  This proceeding essentially mirrors the author's 
            intentions for this bill.  Some parties represented that this 
            bill may unintentionally disrupt PUC rulemaking that is well 
            underway.

           5)Related legislation  :  This bill is similar to AB 1108 
            (Fuentes) of 2009 that died in the Senate.


           Analysis Prepared by  :    DaVina Flemings / U. & C. / (916) 
          319-2083 


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