BILL ANALYSIS                                                                                                                                                                                                    �



                                                                AB 1755
                                                                Page  1

         REPLACE  :  05/15/2012 Changes per consultant.

        ASSEMBLY THIRD READING
        AB 1755 (Perea)
        As Amended  April 23, 2012
        Majority vote 

         UTILITIES & COMMERCE             9-1                APPROPRIATIONS 
        17-0                
         
         ----------------------------------------------------------------- 
        |Ayes:|Bradford, Buchanan,       |Ayes:|Fuentes, Harkey,          |
        |     |Bonnie Lowenthal, Gorell, |     |Blumenfield, Bradford,    |
        |     |                          |     |Charles Calderon, Campos, |
        |     |Roger Hern�ndez, Knight,  |     |Davis, Donnelly, Gatto,   |
        |     |Ma, Nestande, Valadao     |     |Hall, Hill, Lara,         |
        |     |                          |     |Mitchell, Nielsen, Norby, |
        |     |                          |     |Solorio, Wagner           |
        |-----+--------------------------+-----+--------------------------|
        |Nays:|Huffman                   |     |                          |
        |     |                          |     |                          |
         ----------------------------------------------------------------- 
        SUMMARY  :  Authorizes the California Public Utilities Commission 
        (PUC) to approve a fixed charge on utility bills.  Specifically, 
         this bill :  

        1)Allows if, the PUC determines that a fixed charge on utility bills 
          is just and reasonable, the PUC may approve such a charge.

        2)Allows the PUC to approve a fixed charge to cover monthly service 
          costs on all of customers of investor-owned utilities (IOU), 
          including residential customers that receive special discounted 
          rates based on income.

        3)States that the charge is necessary to provide rate relief to 
          upper tier residential customers.

         EXISTING LAW  :

        1)Authorizes the PUC to fix the rates and charges for every public 
          utility and requires those rates and charges to be just and 
          reasonable.

        2)Requires electrical and gas corporations to file rates and charges 
          to be approved by the PUC, providing baseline rates.








                                                                AB 1755
                                                                Page  2


        3)Requires the PUC, in establishing baseline rates, to avoid 
          excessive increases for residential customers.

        4)Requires inclining block rates (known as tiers) on residential 
          customers.  An 'inclining block rate' means that customers are 
          charged more for greater electricity usage.  As a result, usage in 
          a higher tier is charged a higher price per kilowatthour, 
          irrespective of the cost of energy or energy services.

        5)Creates the California Alternate Rates for Energy (CARE) program 
          to provide affordable service to low-income electric and gas 
          customers.

        6)Restricts rates for CARE customers to not exceed 80% of the 
          corresponding Tier 1, Tier 2, and Tier 3 rates charged to 
          residential customers.

        7)Revises certain prohibitions upon raising residential electrical 
          rates adopted during the Energy Crisis of 2000-01, authorizing the 
          PUC to increase residential rates for electricity usage up to 130% 
          of baseline.

         FISCAL EFFECT  :  According to the Assembly Appropriations Committee, 
        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 CARE program, which provides 
        affordable electrical service to low-income customers. 

         COMMENTS  : 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.
        
        The PUC has observed that "Over time, the rate tier differentials 
        have widened.  Between 2001 and 2010, the differentials between the 
        Tiers 2 and 3 expanded from about 5 cents to 15 cents, and Tiers 3 
        and 4 and Tiers 4 and 5 expanded from about 4 and 2 cents per 
        kilowatt-hour (kWh), respectively, to about 13 and 7 cents per kWh.  








                                                                AB 1755
                                                                Page  3

        Between 2000 and 2009, the Tier 5 rate nearly doubled, increasing 
        from 24.5 cents per kWh at the height of the energy crisis to 44.3 
        cents per kWh at the end of 2009.  PG&E's current Tier 4 rate is 
        still almost three times higher than the Tier 2 rate of 13.9 cents 
        per kWh, constituting 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." 

        According to the PUC,"?higher-usage customers bear a 
        disproportionate burden of cost subsidies.  For almost two decades, 
        CARE rates capped while the consumer price index has increased by 
        approximately 51 percent.  Thus, CARE customers' bills have declined 
        in real terms by a significant amount.  The average CARE rate, 
        adjusted for inflation, is 46 percent lower than it was in 1991."

        According to the PUC, "a growing disparity has developed in the 
        rates charged lower-versus-higher-usage residential customers."

        According to the Division of Ratepayer Advocates (DRA), since 2001, 
        customers using the most electricity have paid higher rates for 
        electricity, because AB 1 X1 (Keely and Migden), Chapter 4, Statutes 
        of 2001, had frozen the rates for the first two tiers (i.e., up to 
        130% of baseline).  Therefore, almost all increases in residential 
        rates were in utility Tier 3 through Tier 5 rates between 2001 and 
        2010.  For customers with low energy usage or living in mild 
        climates, they have seen little or no energy bill increases over the 
        last 10 years.  For customers with higher energy usage or living in 
        more extreme climates, they have seen large energy bill increases.

        Except for residential customers served by two investor owned 
        utilities Pacific Gas and Electric (PG&E) and San Diego Gas and 
        Electric (SDG&E), all other customers currently pay fixed monthly 
        charges.  Residential customers served by Southern California Edison 
        (SCE) currently pay a fixed monthly charge that is less than $0.77 
        per month for billing services.  In areas served by California's 
        Publicly Owned Utilities, nearly all of these utilities include 
        fixed charges ranging from $2.50 to $12.50 per month.

         Analysis Prepared by  :    Susan Kateley / U. & C. / (916) 319-2083FN: 
        0003649