BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  SB 580
          Author:   Escutia (D), et al
          Amended:  4/26/05
          Vote:     21

           
           SENATE ENERGY, UTIL. & COMMUNICATIONS COMM. :  9-1, 4/5/05
          AYES:  Escutia, Alarcon, Battin, Bowen, Cox, Dunn, Kehoe,  
            Murray, Simitian
          NOES:  Campbell
          NO VOTE RECORDED:  Morrow

           SENATE APPROPRIATIONS COMMITTEE  :  7-2, 4/18/05
          AYES:  Migden, Alquist, Bowen, Escutia, Florez, Ortiz,  
            Speier
          NOES:  Aanestad, Ashburn
          NO VOTE RECORDED:  Battin, Dutton, Murray, Poochigian


           SUBJECT  :    Public Utilities Commission: Low-Income  
          Oversight Board

           SOURCE  :     Author


           DIGEST  :    This bill expands the jurisdiction of the  
          Low-Income Oversight Board, an advisory board to the Public  
          Utilities Commission, to include low-income water  
          ratepayers' issues, and increases the membership of the  
          board, from nine to 11 members, as specified.

          ANALYSIS:   

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          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.

           Comments
           
          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  

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          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.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          Increased costs to the LIOB are probably under $100,000  
          annually. The LIOB is funded with PURA revenues.  PURA  
          revenues are derived from an annual fee imposed on the  
          utilities.  Therefore, any increased costs to the PUC for  
          the provisions of this bill should be offset by fee  
          revenues.  


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           SUPPORT  :   (Verified  4/27/05)

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


           ARGUMENTS IN SUPPORT  :    Proponents argue that, 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.



          NC:nl  4/27/05   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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