BILL ANALYSIS AB 1457 Page 1 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 ----------------------------------------------------------------- |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 Page 2 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 Page 3 Analysis Prepared by : Daniel Kim / U. & C. / (916) 319-2083 FN: 0000479