BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1457
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          ASSEMBLY THIRD READING
          AB 1457 (Utilities and Commerce Committee)
          As Amended February 21, 2003
          2/3 vote.  Urgency 

           UTILITIES AND COMMERCE     14-0 APPROPRIATIONS      24-0        
           
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          |Ayes:|Reyes, Richman, Calderon, |Ayes:|Steinberg, Bates, Berg,   |
          |     |Campbell, Canciamilla,    |     |Calderon, Corbett, Chu,   |
          |     |Diaz, Longville, La       |     |Daucher, Diaz, Firebaugh, |
          |     |Malfa, La Suer, Levine,   |     |Goldberg, Haynes, Leno,   |
          |     |Maddox, Nunez,            |     |Maldonado, Nation,        |
          |     |Ridley-Thomas, Wolk       |     |Negrete McLeod, Nunez,    |
          |     |                          |     |Pacheco, Pavley,          |
          |     |                          |     |Ridley-Thomas, Runner,    |
          |     |                          |     |Samuelian, Simitian,      |
          |     |                          |     |Laird, Yee                |
           ----------------------------------------------------------------- 

           SUMMARY  :  Authorizes and appropriates from the California High  
          Cost Fund-A Administrative Committee Fund (CHCFA ACF), in the  
          State Treasury, to the California Public Utilities Commission  
          (PUC) for payments to small independent telephone corporations  
          serving rural and small metropolitan areas.  Specifically,  this  
          bill  :

          1)Appropriates $2.5 million from CHCFA ACF to PUC for the  
            purpose of reimbursing small independent telephone  
            corporations serving rural and small metropolitan areas for  
            previously unpaid claims.  The unpaid claims are for the month  
            of June in fiscal year (FY) 2001-02.

          2)Prohibits PUC from raising any fee, charge or rate as a result  
            of reimbursing small independent telephone corporations  
            serving rural and small metropolitan areas for unpaid claims  
            owed.

          EXISTING LAW  : 

          1)Requires PUC to develop, implement and maintain a suitable  
            program to establish a fair and equitable local rate structure  
            aided by transfer payments to small independent telephone  
            corporations serving rural and small metropolitan areas.









                                                                  AB 1457
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          2)Requires PUC to create a program to promote goals of universal  
            service and to reduce any disparity in the rates charged by  
            those companies serving rural and small metropolitan areas.

          3)Establishes the CHCFA Administrative Committee to advise PUC  
            on the development, implementation and administration of a  
            program to create transfer payments to small independent  
            telephone corporations providing fair and equitable local  
            exchange services in high-cost rural and small metropolitan  
            areas.

          4)Establishes CHCFA ACF in the State Treasury in which funds can  
            only be expended pursuant to an appropriation in the annual  
            Budget Act.

           FISCAL EFFECT  :  One-time special fund cost of $2.5 million to  
          provide the reimbursements.

           COMMENTS  :  This bill reimburses 17 small independent telephone  
          companies that receive payments through CHCFA ACF and have not  
          been reimbursed by PUC for their June 2002 claims.  This problem  
          arose because the funds were previously administered by PUC on a  
          cash accounting basis but, upon transfer into the State  
          Treasury, are now administered on an accrual accounting basis.   
          This change was not taken into account when funding for the  
          program was appropriated in the 2001 Budget Act, resulting in  
          insufficient moneys available in the fund to pay claims for the  
          last month of that FY.  Moreover, this problem was not  
          identified in time to use the deficiency process provided in  
          Budget Control Section 27.  This bill is an urgency measure so  
          that the companies can be reimbursed at the earliest possible  
          time.  Further delay in providing these funds will only increase  
          interest charges on the principal amount owed to these  
          companies.

          This bill as amended in Assembly Appropriations makes clarifying  
          technical amendments.

          Previous legislation:  SB 487 (Costa) of 2001-02 would have  
          appropriated $3.1 million from CHCFA ACF to PUC for the purpose  
          of paying past HCFA claims payments owed to the carriers.  SB  
          487 was completely gutted and amended during the last week of  
          session and was unable to get a hearing before the  
          constitutional deadline for session to adjourn and as a result  
          died in the Assembly.








                                                                  AB 1457
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          Analysis Prepared by  :    Daniel Kim / U. & C. / (916) 319-2083 


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