BILL ANALYSIS AB 1002 Page 1 Date of Hearing: May 19, 1999 ASSEMBLY COMMITTEE ON APPROPRIATIONS Carole Migden, Chairwoman AB 1002 (Wright) - As Amended: April 22, 1999 Policy Committee: Utilities and Commerce Vote: 11-0 Urgency: No State Mandated Local Program:NoReimbursable: SUMMARY : This bill: 1)Requires the Public Utilities Commission (PUC) to establish and impose a surcharge on all natural gas consumed in the state, with specified exceptions, to fund low-income energy assistance programs, energy efficiency activities, and research and development. 2)Requires the Board of Equalization (BOE) to collect and administer the surcharge to fund the specified programs and the administrative costs of the PUC and BOE. 3)Requires the PUC to create an advisory board to make recommendations as to how the PUC should fund the specified programs. 4)Requires the PUC to repeal an existing "residual load service" tariff on natural gas and replace it with a new tariff using a specified calculation. FISCAL EFFECT : The BOE estimates annual costs of $70,000 to administer the surcharge and the PUC would incur minor absorbable costs. COMMENTS : 1)Background and Purpose . In recent years, federal deregulation of the gas industry has enabled interstate pipelines regulated by the Federal Energy Regulatory Commission (FERC) to compete AB 1002 Page 2 with PUC-regulated intrastate pipelines. This competition has caused a significant exodus of large, non-core customers from intrastate pipelines, and resulted in the reduction of the funding base for California's public purpose programs. When non-core customers abandon the public utility gas corporation's pipeline, their contributions to the public purpose programs are shifted and reallocated amongst core customers remaining on the system. This bill is intended to level the playing field and require all customers to share in funding California's public purpose programs which benefit core utility customers. The bill also proposes a change in the manner in which the public purpose programs are administered. Utility companies currently administer the programs and, as a result, customers are offered varying benefits under the programs. This bill proposes that program administration be transferred to the PUC or to an entity to be designated by the PUC. 2)Residual Load Service (RLS) Tariff . The residual load service tariff imposes a higher rate on any customer that partially bypasses the public utility gas corporation but continues to use the gas corporation for its peak load demands. The PUC authorized the tariff because providing occasional peaking service is more costly for a pipeline operator. Opponents of the RLS tariff believe the tariff should be eliminated and replaced with a standby rate based on the actual cost of providing peaking service to non-core customers. The author agrees that that the RLS tariff in its current form discourages customers from taking a portion of their gas from another pipeline. While that was PUC's intention, the author believes that the RLS should be modified and has been working with the gas corporations and interstate pipelines to establish a different model that would a) continue to meet PUC goal of discouraging uneconomic bypass, b) compensate the public utility gas corporation for providing standby service and c)provide reasonable standby rates for the fully and partially bypassing customer. Customers proposing to utilize competitor pipelines have suggested that failure to reform the RLS tariff prevents competing pipelines from entering the market. Analysis Prepared by : Chuck Nicol / APPR. / (916)319-2081 AB 1002 Page 3