BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                  SB 1207|
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                              UNFINISHED BUSINESS


          Bill No:  SB 1207
          Author:   Fuller (R)
          Amended:  8/20/12
          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

           SENATE FLOOR  :  39-0, 5/29/12
          AYES:  Alquist, Anderson, Berryhill, Blakeslee, Calderon, 
            Cannella, Corbett, Correa, De Le�n, DeSaulnier, Dutton, 
            Emmerson, Evans, Fuller, Gaines, Hancock, Harman, 
            Hernandez, Huff, Kehoe, La Malfa, Leno, Lieu, Liu, 
            Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio, 
            Simitian, Steinberg, Strickland, Vargas, Walters, Wolk, 
            Wright, Wyland, Yee
          NO VOTE RECORDED:  Runner

           ASSEMBLY FLOOR  :  Not available


           SUBJECT  :    California Alternate Rates for Energy program

           SOURCE  :     Author

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           DIGEST  :    This bill authorizes investor owned utilities 
          (IOUs) to take certain actions on participants of the 
          California Alternate Rates for Energy (CARE) program.

           Assembly Amendments  add language that states the bill 
          authorizes a CARE program participant with electricity 
          usage exceeding 600% of baseline usage to participate in an 
          appeals process with the electrical corporation to 
          determine whether the participant's usage levels are 
          legitimate.  The amendments prohibit a CARE program 
          participant in a rental residence from being removed from 
          the program in situations where the landlord is 
          nonresponsive when contacted by the electrical corporation 
          or does not provide for ESAP participation, and make 
          technical changes.

           ANALYSIS  :    Existing law requires the Public Utilities 
          Commission (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:

          1.Authorizes IOUs to require proof of income eligibility 
            for CARE customers whose usage exceeds 400% of baseline. 

          2.Authorizes IOUs to require CARE customers whose usage 
            exceeds 400% of baseline to participate in an energy 
            savings assistance program (ESAP) that includes a 
            residential energy assessment. 


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          3.Authorizes IOUs to condition continued participation in 
            an ESAP if CARE customer usage exceeds 400% of baseline. 

          4.Authorizes IOUs to require CARE customers to notify the 
            utility of whether the residence is rented, and identify 
            the landlord. The IOU may share any evaluation and 
            recommendation relative to the residential structure that 
            is made as part of an energy assessment, with the 
            landlord of the CARE customer. 

          5.Authorizes IOUs to require CARE customers whose usage 
            exceeds 600% of baseline to participate in an ESAP that 
            includes a residential energy assessment. 

          6.Makes participation in the ESAP mandatory if a CARE 
            customer's usage exceeds 600% of baseline. 

          7.Authorizes IOUs to remove a CARE customer from the 
            program, after the completion of a residential energy 
            assessment, if the customer's monthly usage exceeds 600% 
            of baseline. CARE customer may appeal to the IOU to 
            demonstrate usage levels are legitimate. 

          8.Exempts CARE gas customers from the provisions of this 
            bill. 

           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     |

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          |-------------+----------------|
          |      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, 
          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% |

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          |--------+------+------+-----+------+----+-----+-----|
          |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, any costs 
          to the PUC will be minor and absorbable. 

           SUPPORT  :   (Verified  8/23/12)

          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:n   8/28/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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