BILL ANALYSIS                                                                                                                                                                                                              1
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                SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                               DEBRA BOWEN, CHAIRWOMAN
          

          SB 1163 -  Dunn                                   Hearing Date:   
          April 13, 2004             S
          As Amended:         March 26, 2004      FISCAL       B

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                                      DESCRIPTION
           
           Current law  requires master-meter customers to separately state  
          the opening and closing readings for sub-metered mobilehome park  
          customers when rendering a bill, and to post the prevailing  
          residential utilities rate schedule of the serving utility.

           This bill  requires that when the master-meter customer renders  
          such a bill, it shall be generally in the form and with the  
          content of the bills the utility serving the master-meter  
          customer renders to its residential customers.

           This bill  requires mobilehome parks to disclose the name,  
          address and telephone number of the billing agent or company on  
          each resident's billing if a third-party billing agent or  
          company prepares utility bills for the park.

           Current law  establishes requirements about the rates charged by  
          a master-meter customer to its sub-metered tenants, specifies  
          the general form and content of the bills rendered by the  
          master-meter customer, and makes it a duty of master-meter  
          customers to maintain and repair the facilities between the  
          master-meter and the sub-metered tenant.

           This bill requires the California Public Utilities Commission  
          (CPUC), through its consumer affairs branch, to accept and  
          respond to complaints concerning these requirements.

                                      BACKGROUND
           
          Typically, a master-meter customer is a multi-unit dwelling,  











          such as a mobilehome park or an apartment complex, where the  
          park or complex is the customer of the utility and pays the  
          utility bill.  The park or complex is responsible for the  
          electric, gas, or water system within the park or complex, and  
          separately meters and bills the tenants for their individual  
          utility usage.

          The Senate Select Committee on Mobile and Manufactured Homes has  
          received a number of complaints from mobilehome park residents  
          about master-meter relationships with park owners.  In 2001, the  
          committee held a hearing on this issue and heard complaints  
          regarding metering inaccuracies, billing mistakes, an inability  
          to contact the billing company, failure to pass through utility  
          rebates, and the imposition of meter-reading fees.

                                       COMMENTS
           
           1.Do Your Job  .  The first part of this measure requires the CPUC  
            to accept and respond to complaints concerning master-meter  
            customers.  While this appears unnecessary because the CPUC is  
            the enforcement authority for the Public Utilities Code, the  
            author notes the CPUC has been unwilling or unable to perform  
            this function.  This part of the bill eliminates any ambiguity  
            by making it clear the CPUC is responsible for handling  
            complaints filed by sub-metered customers.  

            However, what isn't clear is whether the CPUC has the  
            authority to accept and respond to complaints if the  
            master-meter customer is being served by a utility  not   
            regulated by the CPUC (e.g. a municipal utility).   The author  
            and committee may wish to consider  adding an amendment to  
            ensure sub-metered customers of master-meter customers served  
            by a non-CPUC regulated entity can file service complaints  
            with the CPUC.

           2.Making The Bill Look Like A Bill  .  The second part of the bill  
            creates two new requirements for how sub-metered customers are  
            billed by the owner of the master-meter.

            The first requirement is that if a third-party billing agent  
            is used, the master-meter customer has to include the contact  
            information for that third-party billing agent on the bill  
            sent to the sub-metered customer.











            The second requirement is for mobilehome park sub-metered  
            utility bills to be rendered generally in accordance with the  
            form and content of the bills the utility serving the  
            master-metered customer provides to its residential customers.  
             In other words, a  mobilehome park in PG&E's service area  
            would have to provide its tenants with an electric bill that  
            looks like PG&E's electric bill.  

            This requirement would be added to the Mobilehome Residency  
            Law (MRL), a comprehensive set of rules governing the  
            mobilehome park/tenant relationship.  At the discretion of the  
            court, a violation of any provision of the MRL - including the  
            new provision this bill proposes to add to the MRL - is  
            subject to an award of up to $2,000, in addition to damages  
            for each willful violation.  

            Requirements regarding the accuracy of the bill are not in the  
            MRL,  they're in the Public Utilities Code.  Therefore, the  
            courts are not involved and the $2,000 in potential damages is  
            inapplicable in cases where there is a billing or  
            meter-reading error.  Complaints about a bill's accuracy or  
            timeliness would have to be raised at the CPUC, as is the case  
            today.

                                      PRIOR VOTES
           
          Senate Housing and Community Development Committee              
          (6-2)


























                                       POSITIONS
           
           Sponsor:
           
          Author

           Support:
           
          California Mobilehome Resource and Action Association
          Golden State Mobilehome Owners League, Inc.

           Oppose:
           
          California Mobilehome Parkowners Alliance
          Western Manufactured Housing Communities Association

          





































          Randy Chinn 
          SB 1163 Analysis
          Hearing Date:  April 13, 2004