BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 580
                                                                  Page  1

          Date of Hearing:   June 20, 2005

                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
                               Lloyd E. Levine, Chair
                    SB 580 (Escutia) - As Amended:  April 26, 2005

           SENATE VOTE  :   31-8
           
          SUBJECT  :   Public Utilities Commission:  Low-Income Oversight  
          Board

           SUMMARY  :   Expands the California Public Utilities Commission  
          (PUC) Low-Income Oversight Board (LIOB) purview to include water  
          utility customer issues in addition to the existing electric and  
          gas customer issues.  Specifically,  this bill  : 

          1)Expands the LIOB purview to include water utility customer  
            issues to the existing electric and gas customer issues, on  
            which the LIOB advises the PUC.

          2)Increases the number of LIOB board members from 9 to 11. One  
            of the new members would be selected by the PUC and possess  
            expertise in the low-income community, and one new member  
            would be a representative of a water corporation.

           EXISTING LAW:  

          1)Establishes the LIOB to advise the PUC on low-income electric  
            and gas customer issues and serve as a liaison for the PUC to  
            low-income ratepayers and representatives. 

          2)Requires the PUC to consider, and permits the PUC to implement  
            programs to assist low-income ratepayers in order to provide  
            appropriate incentives and capabilities to achieve water  
            conservation goals.

          3)Establishes a LIOB to advise the PUC on low-income electric  
            and gas customer issues. Includes nine members, comprised of  
            four members selected by the PUC who have expertise in the  
            low-income community, one member selected by the PUC who is a  
            representative of an electrical or gas corporation, and others  
            including one selected by the Governor, one selected by the  
            Department of Community Services and Development, a private  
            weatherization contractor, and a commissioner. 









                                                                  SB 580
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           FISCAL EFFECT  :   Unknown.

           COMMENTS  :   According to the author, the purpose of this bill is  
          to more effectively implement Public Utilities Code Section  
          739.8, which requires the PUC to consider, and permits the PUC  
          to implement programs to provide rate relief for low-income  
          ratepayers.

          1)   Just add water  :  When established in 2001, the LIOB was  
          intended to provide input from the low-income community to the  
          PUC about the policies and programs for low-income energy  
          consumers, particularly programs that support utility bill  
          payments. At that time, 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. 

          Current law requires the LIOB to advise the PUC on low-income  
          electric and gas customer issues.  Of those issues, the LIOB  
          advises the commission about the California Alternative Rates  
          for Energy (CARE) program that provides rate discounts for  
          eligible low-income customers, and the low-income energy  
          efficiency (LIEE) programs that attempt to reduce bills by  
          reducing energy demand. Current law also requires the PUC to  
          consider programs to assist low-income water ratepayers;  
          however, it permits the PUC to determine the feasibility of rate  
          relief and provides the PUC the prerogative to implement a  
          program.

          This bill would add water issues to the LIOB's purview; however,  
          it would not change current law to require the PUC to implement  
          programs.  The LIOB can currently discuss water issues and  
          according to the author, the PUC has unsuccessfully attempted to  
          address water rate issues for low-income customers in a number  
          of rate cases.  

          2)   Additional board members:   This bill would increase the  
          number of board members from 9 to 11; however, it may not  
          provide water rate relief or conservation measures to low-income  
          customers.  One of the proposed new board additions would be  
          another expert in the low-income community to make it five, and  
          one new addition would represent a water utility.  It is unclear  
          how the new additional board positions would contribute to the  
          LIOB. There are currently four members with expertise in the  
          low-income community.  According to the author, the option of  








                                                                  SB 580
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          converting one of the low-income positions to a water  
          corporation positions was not considered. 

          If additional members are appointed, there's no indication that  
          it would increase the LIOB's effectiveness.  The LIOB has not  
          had an in-person meeting for over a year, and several of its  
          initiatives have stalled at the PUC.  

          The presence of a water utility representative on the board may  
          be appropriate given current law, which requires the PUC to  
          consider rate relief or conservation programs for low-income  
          water customers. However, increasing the number of members may  
          not necessarily increase the chances of creating a new program  
          without a dedicated funding source. This bill does not provide  
          for a funding source to pay for any water-related programs that  
          the new larger board might develop for consideration by the PUC.  
          Even if a water program is proposed, it can't be funded without  
          increasing a surcharge on all utility customers or redirecting  
          funds from existing low-income utility programs, which could  
          dilute those existing programs. 

          The PUC redirects resources from its existing programs to  
          provide administrative and technical support for the low-income  
          programs.  Currently, for about three to four weeks per year,  
          2.0 to 4.0 personnel years (PYs) are redirected from the Energy  
          Division. According to the PUC, this bill may require the LIOB  
          to hold a few more meetings and Water Division staff would be  
          required to provide water technical support to the board.  It is  
          not clear which existing programs or responsibilities would  
          decline in resources and effectiveness to accommodate the  
          additional water element.  

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          None on file.
           
            Opposition 
           
          None on file.

           Analysis Prepared by  :    Gina Mandy / U. & C. / (916) 319-2083