BILL ANALYSIS                                                                                                                                                                                                           1
       1





                 SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                             MARTHA M. ESCUTIA, CHAIRWOMAN
          

          SB 580 -  Escutia                                 Hearing Date:   
          April 5, 2005              S
          As Amended:         March 31, 2005      FISCAL       B
                                                                        
                                                                        5
                                                                        8
                                                                        0

                                       DESCRIPTION
           
           Existing law:
           
             1.   Establishes the Low-Income Oversight Board (LIOB) for the  
               purpose of advising the California Public Utilities Commission  
               (CPUC) on low-income  electric and gas customer issues and  
               serving as a liaison for the CPUC to low-income ratepayers and  
               representatives.
               (SB 2XX (Alarcon), Chapter 11, Statutes of 2001-02 Second  
               Extraordinary Session)

             2.   Requires the CPUC to consider and authorizes the CPUC to  
               implement programs for low-income  water  ratepayers to provide  
               rate relief and provide appropriate incentives and  
               capabilities to achieve water conservation goals.
               (AB 2815, Chapter 549, Statutes of 1992)

           This bill  expands the purview and membership of the LIOB as  
          follows:

             1.   The LIOB's purview, which is currently limited to advising  
               the CPUC regarding low-income  electric and gas  utility  
               customer issues, is expanded to include  water  utility customer  
               issues.

             2.   The LIOB's membership is expanded from nine to 11 by the  
               addition of two members selected by the CPUC - one additional  
               member with expertise in the low-income community and one  
               member representing a water utility.

                                        BACKGROUND
           
          When established in 2001, the LIOB was intended to provide input  
          from the low-income community to the CPUC about the policies and  








       programs for low-income energy consumers, particularly programs  
       that support utility bill payments, such as the California  
       Alternative Rates for Energy (CARE) program that provides rate  
       discounts for eligible low-income customers, and programs that  
       reduce bills by reducing energy demand, such as the low-income  
       energy efficiency (LIEE) programs.

       At the time of SB 2XX's enactment, there was a perception that  
       significant improvement in low-income public purpose programs was  
       needed to lessen the hardship that high energy bills placed on  
       low-income consumers.  The issue with respect to CARE was the  
       relatively low rates of enrollment of eligible customers, as  
       compared with the rates of enrollment for Universal Lifeline  
       Telephone Service (ULTS), the comparable program for low-income  
       telephone subscribers.  SB2XX directed the LIOB and the CPUC to  
       work with the ULTS programs to improve CARE enrollment, with the  
       eventual goal of establishing universal enrollment of eligible  
       customers for all utility programs.  

       With respect to LIEE programs, the LIOB was directed to provide  
       policy and other input to the CPUC from the perspective of the  
       low-income community, including formal studies, and to provide a  
       channel of communication for community-based organizations.  In  
       turn, the CPUC was directed to provide staffing, technical  
       assistance and other forms of support to further the LIOB's  
       purpose.

       The LIOB has functioned relatively effectively for several years.   
       However, it has not had an in-person meeting for over a year.   
       Several of its initiatives, notably an attempt to provide for  
       automatic enrollment in CARE for recipients of other forms of state  
       economic assistance, have stalled at the CPUC.  The LIOB has not  
       provided the regular and continuous policy input envisioned by  
       SB2XX.

       The LIOB has discussed the importance of water service for  
       low-income Californians.  The Public Utilities Code directs the  
       CPUC to consider and adopt programs to assure healthful water  
       service for low income customers (Section 739.8).  This bill adds  
       to the mission of the LIOB consideration of water issues for  
       low-income customers and adds a representative of the water  
       industry to the LIOB.

                                      COMMENTS
        









           Can relatively small private water utilities support rate discounts  
          and other programs for low-income customers?   Currently,  
          CPUC-regulated water utilities don't have low-income rates.   
          Notwithstanding the policies and requirements in existing law  
          regarding affordable water for low-income customers, the CPUC has  
          been unable to develop a low-income water rate design modeled on  
          CARE (i.e., funded by a surcharge on other customers' bills).  The  
          difficulty is due in large part to the structure of the regulated  
          water industry.  (Relatively small scale entities, with federated  
          structures based on districts or communities that have historically  
          not had uniform rates, which makes subsidy issues even more  
          difficult.)  As water quality requirements increasingly impact  
          costs and rates for small water utilities, the importance of  
          addressing affordability issues for low-income customers will be  
          increasingly important.  The fundamental impediments to subsidizing  
          basic water needs will remain, but the LIOB may be able to provide  
          useful advice to the CPUC on the subject.

                                        POSITIONS
           
           Sponsor:
           
          Author

           Support:
           
          Association of California Community and Energy Services
          Maravilla Foundation
          Southern California Forum
          Southland Energy Systems

           Oppose:
           
          None on file

          Lawrence Lingbloom
          SB 580 Analysis
          Hearing Date:  April 5, 2005