BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1755
                                                                  Page  1

          Date of Hearing:   May 9, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 1755 (Perea) - As Amended:  April 23, 2012 

          Policy Committee:                              UtilitiesVote:9-1

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:               

           SUMMARY  

          This bill authorizes the Public Utilities Commission (PUC) to 
          approve a fixed charge, on all residential customers of 
          commission-regulated electrical corporations, to cover the fixed 
          costs of providing electrical service, if the commission finds 
          such a charge to be just and reasonable and necessary to provide 
          rate relief to upper tier residential customers.

          The bill also requires the commission to ensure rates are 
          affordable to low-income residential ratepayers and to require 
          the electrical corporations to offer these customers discounts 
          or subsidies to avoid the risk of service disconnections.

           FISCAL EFFECT  

          Absorbable costs to the PUC, which indicates that the bill's 
          provisions can be implemented with existing staff resources 
          involved with rate design and with the California Alternate 
          Rates for Energy (CARE) program, which provides affordable 
          electrical service to low-income customers. 

           COMMENTS  

           1)Background  . During the energy crisis, ABX1 1 of 2001 protected 
            ratepayers from rampant price fluctuations due to a 
            dysfunctional wholesale electricity market. ABX1 1 authorized 
            the Department of Water Resources (DWR) to issue revenue bonds 
            to purchase power on behalf of the cash-strapped 
            investor-owned utilities who couldn't keep up with the 
            volatile wholesale prices. Among other stabilizing efforts, 
            ABX1 1 prohibited the PUC from increasing rates for usage 
            under 130% of baseline usage (Tiers 1 and 2) until DWR bond 








                                                                  AB 1755
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            charges are paid off. (Energy charges for residential 
            customers are based on the quantity of electricity used by a 
            customer, and each successive block of electricity usage is 
            billed at increased per-unit prices. Each block is referred to 
            as a tier.) 

            Capping rates in the lowest tiers resulted in increased costs, 
            such as from rising fuel prices and legislatively mandated and 
            PUC-created programs, being disproportionately borne by 
            customers whose electricity usage falls in the upper tiers. SB 
            695 (Kehoe)/Chapter 337 of 2009, subsequently allowed gradual, 
            limited increases in the Tier 1 and Tier 2. 

            The PUC indicates that rate tier differentials have widened 
            significantly. From 2001 and 2010, for example, the 
            differential between the Tiers 2 and 3 expanded from 5 cents 
            to 15 cents per kilowatt-hour (kWh). PG&E's current Tier 4 
            rate is still almost three times higher than the Tier 2 rate 
            of 13.9 cents per kWh, which commission describes as "a 
            subsidy paid by upper-tier to lower-tier consumers. Upper-tier 
            rates can produce very high bills when combined with high 
            usage due to extreme temperatures." 

           2)Purpose  . According to the author, given that the increased 
            cost of electricity service has shifted almost completely to 
            the upper tiers, AB 1755 provides the PUC with the authority 
            to approve a charge to recover fixed costs of providing 
            electric utility service, if it finds that the customer charge 
            is reasonable and necessary to provide rate relief. The author 
            contends this provides another tool that can be used by the 
            PUC to reduce rates, in particular, for customers 
            significantly impacted by higher energy bills during the 
            summer time. This bill is supported by the three 
            investor-owned electrical utilities and by the California 
            Chamber of Commerce.


            Except for residential customers served by two investor owned 
            utilities (PG&E and SDG&E), all other customers currently pay 
            fixed monthly charges. Residential customers served by SCE pay 
            a fixed monthly charge that is less than $0.77 per month for 
            billing services. In areas served by publicly-owned utilities, 
            nearly all include fixed charges ranging from $2.50 to $12.50 
            per month. 









                                                                  AB 1755
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           3)Opposition  . The bill is opposed by The Utilities Reform 
            Network (TURN), the AARP, and the PUC's Division of Ratepayer 
            Advocates, among others. Opponents are concerned with the 
            impact of a fixed fee on low-income ratepayers, and that the 
            resulting benefit would accrue to high-usage customers, which 
            are generally those with higher incomes. Opponents argue that 
            the bill is contrary to the compromise among stakeholders that 
            resulted in SB 495. 

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081