BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 580|
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                              UNFINISHED BUSINESS


          Bill No:  SB 580
          Author:   Escutia (D), et al.
          Amended:  9/7/05
          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

           SENATE FLOOR  :  31-8, 5/26/05
          AYES:  Alarcon, Alquist, Battin, Bowen, Cedillo, Chesbro,  
            Cox, Denham, Ducheny, Dunn, Dutton, Escutia, Figueroa,  
            Florez, Kehoe, Kuehl, Lowenthal, Machado, Maldonado,  
            Margett, Migden, Murray, Ortiz, Perata, Romero, Scott,  
            Simitian, Soto, Speier, Torlakson, Vincent
          NOES:  Aanestad, Ackerman, Ashburn, Hollingsworth,  
            McClintock, Morrow, Poochigian, Runner
          NO VOTE RECORDED:  Campbell

           ASSEMBLY FLOOR  :  Not available 


           SUBJECT  :    Public Utilities Commission:  Low-Income  
          Oversight Board
                                                           CONTINUED





                                                                SB 580
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                        and California Alternate Rates for Energy

           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 to assist the Public Utilities  
          Commission regarding the California Alternate Rates for  
          Energy (CARE) program.  The bill requires the Health and  
          Human Services Agency to evaluate specified issues  
          regarding the automatic enrollment of CARE customers.

           Assembly Amendments  add provisions related to the CARE  
          program.  As it left the Senate, the bill related only to  
          the Low-Income Oversight Board.

           ANALYSIS  :   

          Existing law:

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

          2.Requires the PUC to consider and authorizes the PUC 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)

          3.Requires the PUC to examine methods to improve the  
            California Alternate Rates for Energy (CARE) program  
            enrollment and participation, including automatic  
            enrollment of Universal Lifeline Telephone Service  
            customers who are eligible for the CARE program.

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







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          1.The LIOB's purview, which is currently limited to  
            advising the PUC 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 PUC, one  
            additional member with expertise in the low-income  
            community and one member representing a water utility.

          3.Expands the duties of the LIOB to include assisting the  
            PUC in complying with certain requirements of the CARE  
            program.

          The bill requires the Secretary of the California Health  
          and Human Services Agency to evaluate, by April 1, 2006,  
          how the use of programs and databases, as specified, may be  
          optimized to facilitate the automatic enrollment of  
          eligible customers into the CARE program.

           Comments
           
          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,  
          such as the 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 PUC 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.  







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          With respect to LIEE programs, the LIOB was directed to  
          provide policy and other input to the PUC 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 PUC 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 PUC.  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 PUC 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 the Public Utilities  
          Reimbursement Account (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.  

          SUPPORT  :   (Verified  4/27/05) (Unable to reverify at time  
          of this writing)

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








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           ARGUMENTS IN SUPPORT  :    Proponents argue that, currently,  
          PUC-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 PUC 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 PUC on the subject.



          NC:nl  9/8/05   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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