BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                  SB 1207|
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                                 THIRD READING


          Bill No:  SB 1207
          Author:   Fuller (R)
          Amended:  5/25/12
          Vote:     21

           
           SENATE ENERGY, UTIL. & COMMUNIC. COMM.  :  12-0, 4/24/12
          AYES:  Padilla, Fuller, Berryhill, Corbett, De Le�n, 
            DeSaulnier, Emmerson, Kehoe, Pavley, Rubio, Simitian, 
            Wright
          NO VOTE RECORDED:  Strickland

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 5/24/12
          AYES:  Kehoe, Walters, Alquist, Dutton, Lieu, Price, 
            Steinberg


           SUBJECT  :    California Alternate Rates for Energy program

           SOURCE  :     Author


           DIGEST  :    This bill authorizes investor owned utilities 
          (IOUs) to take certain actions on participants of the 
          California Alternative Rates for Energy (CARE) program 
          whose usage exceeds 400% and 600% of the baseline in any 
          monthly billing cycle including requesting proof of income 
          eligibility for the program, conducting a residential 
          energy audit, and requiring participation in an energy 
          savings assistance program.  This bill requires procedures 
          by electrical or gas corporations to be consistent with 
          procedures adopted by the Public Utilities Commission 
          (PUC).
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           ANALYSIS  :    Existing law requires the PUC to establish the 
          CARE program which provides a discount for electric and gas 
          service for customers whose incomes are below 200 percent 
          of the federal poverty guideline levels and limits the rate 
          structure for CARE customers to no more than three tiers.  
          The commission is required to set penetration rates for the 
          IOUs and examine methods to improve enrollment and 
          participation.

          Existing law limits rate increases for CARE customers, 
          until January 1, 2019, to no more than the annual 
          percentage increase in the CalWORKS program, not to exceed 
          three percent annually, and thereafter requires that CARE 
          customers receive at least a 20 percent rate discount for 
          service.

          This bill authorizes IOUs, for CARE customers whose usage 
          exceeds 400 percent of baseline in any monthly billing 
          cycle, to require:

           Proof of eligibility regardless of whether the customer 
            was automatically enrolled based on eligibility for 
            another assistance program or was self-enrolled;

           A residential energy audit and condition continued 
            enrollment on participation in the audit; and

           If the customer rents, to notify the utility of the 
            landlord's identity.

          This bill authorizes IOUs, for CARE customers whose usage 
          exceeds 600 percent of baseline for 120 days, to remove 
          CARE customers from the program.

          This bill requires CARE customers whose usage exceeds 600 
          percent of baseline for an unspecified time frame, to 
          participate in a residential energy audit, conditions 
          further participation in the program on the audit, and 
          requires the customer to lower usage within 120 days of an 
          audit or be terminated from the program.

          This bill authorizes an IOU to require back payment from a 
          CARE customer who is later determined to be ineligible for 

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          the program for the difference between the cost of service 
          with the CARE discount and service for non-CARE customers.

          This bill requires IOUs to immediately terminate a CARE 
          customer from the program for two years if they are found 
          to have defrauded the utility in any program or tampered 
          with the utility meter.

           Background
           
           California Alternate Rates for Energy (CARE  ) - The CARE 
          program was designed to provide a 20 percent discount on 
          monthly gas and electric bills to income-qualified 
          customers at their primary residence and is funded through 
          a rate surcharge paid by all other utility customers. The 
          income cap on CARE eligibility is up to 200 percent above 
          Federal Poverty Guidelines, which are updated annually in 
          June.  Income guidelines are determined by the total number 
          of persons in the household and total combined annual 
          income as follows:

           ------------------------------ 
          |  Household  |  Care Income   |
          |    Size     |     Limit      |
          |-------------+----------------|
          |   1 to 2    |    $31,800     |
          |-------------+----------------|
          |      3      |    $37,400     |
          |-------------+----------------|
          |      4      |    $45,100     |
          |-------------+----------------|
          |      5      |    $52,800     |
          |-------------+----------------|
          |      6      |    $60,500     |
          |-------------+----------------|
          |    Each     |$7,700          |
          | additional  |                |
           ------------------------------ 

          Customers can enroll by self-certifying eligibility through 
          an IOU website, mail, or over the phone.  Automatic 
          enrollment occurs if the customer is already enrolled in 
          one of several means-tested state or federal assistance 
          programs such as Temporary Assistance for Needy Families, 

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          MediCal or Medicaid.  Community based organizations are 
          also paid capitation fees of up to $15 per enrollment.  The 
          IOUs conduct a post enrollment verification process (PEV) 
          for 1-5 percent of the enrolled CARE customers.  Selection 
          of those PEV'd are either random for some IOUs, or based on 
          a computer stratified selection model that targets certain 
          customers.  If a customer fails to provide all the 
          available income documentation when selected for PEV, they 
          are removed from the CARE program, no back charges or 
          penalties are assessed.

          The PUC directed the IOUs to achieve a 90 percent 
          penetration rate for participation of eligible customers in 
          the CARE program, which is approximately 4.9 million 
          households.  According to the PUC CARE penetration rates 
          are:

           ------------------------------------------------------------------------------------------------------- 
          |IOU         |    2005    |    2006    |    2007    |    2008    |    2009    |    2010    |   *2011    |
           ------------------------------------------------------------------------------------------------------- 
          |--------+------+------+-----+------+----+-----+-----|
          |PGE     | 68%  | 74%  | 69% | 74%  |86% | 93% | 90% |
          |--------+------+------+-----+------+----+-----+-----|
          |SCE     | 73%  | 78%  | 75% | 83%  |89% | 97% | 99% |
          |--------+------+------+-----+------+----+-----+-----|
          |SDGE    | 61%  | 65%  | 69% | 74%  |80% | 83% | 85% |
          |--------+------+------+-----+------+----+-----+-----|
          |SoCalGas| 67%  | 73%  | 75% | 84%  |88% | 93% |93%  |
          |        |      |      |     |      |    |     |     |
           ---------------------------------------------------- 

          * 2011 figures are based on IOU December 2011 monthly 
          reports and have yet to be finalized.

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

          According to the Senate Appropriations Committee, potential 
          one-time costs of $150,000 from the Public Utilities 
          Commission Utilities Reimbursement Account (special fund) 
          in 2013-14 for a proceeding.

           SUPPORT  :   (Verified  5/24/12)


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          California Chamber of Commerce 
          County of Humboldt
          Division of Ratepayer Advocates
          Greenlining Institute (if amended)
          League of California Cities
          Pacific Gas and Electric Company
          San Diego Gas & Electric Company
          Sempra Energy Utilities
          Southern California Edison (if amended)
          Southern California Gas Company
          TURN (The Utility Reform Network) (if amended)


          RM:nl  5/25/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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