BILL NUMBER: AB 1393 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 3, 1999
AMENDED IN SENATE JUNE 29, 1999
AMENDED IN SENATE JUNE 16, 1999
AMENDED IN ASSEMBLY MAY 24, 1999
AMENDED IN ASSEMBLY APRIL 15, 1999
INTRODUCED BY Assembly Member Wright
FEBRUARY 26, 1999
An act to amend Section 2790 of, and to add Section 327
Sections 327 and 381.5 to, the Public Utilities
Code, relating to public utilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 1393, as amended, R. Wright. Low-income electric and gas
customers.
(1) The Public Utilities Act requires the Public Utilities
Commission to establish a program of assistance to low-income
electric and gas customers, which is referred to as the California
Alternate Rates for Energy or CARE program.
This bill would require the electric corporations and gas
corporations that participate in the CARE program to administer
low-income energy efficiency and rate assistance programs, as
described, subject to commission oversight. The bill would require
the administrators of the program to undertake certain functions and
would allow the commission to require these participating
corporations to competitively bid, to the extent practical, service
delivery components of these programs. The bill would require the
bidding criteria to recognize specified factors, subject to
commission modification. The bill would make conforming changes.
The bill would set forth the intent of the Legislature
regarding community service providers.
Because a violation of the act is a crime, this bill would impose
a state-mandated local program by creating new crimes.
(2) Existing law requires the commission to require an electric or
gas corporation to perform home weatherization services, as defined,
for low-income customers, as determined by the commission.
This bill would revise the definition of "weatherization."
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 327 is added to the Public Utilities Code, to
read:
327. (a) The electric and gas corporations that participate in
the California Alternative Rates for Energy program, as established
pursuant to Section 739.1, shall administer low-income energy
efficiency and rate assistance programs described in Sections 739.1,
739.2, and 2790, subject to commission oversight. In administering
the programs described in Section 2790, the electric and gas
corporations, to the extent practical, shall do all of the following:
(1) Continue to leverage funds collected to fund the program
described in subdivision (a) with funds available from state and
federal sources.
(2) Work with state and local agencies, community-based
organizations, and other entities to ensure efficient and effective
delivery of programs.
(3) Encourage local employment and job skill development.
(4) Maximize the participation of eligible participants.
(5) Work to reduce consumers electric and gas consumption, and
bills.
(b) The commission may require the electric and gas corporations
described in subdivision (a) to competitively bid, to the extent
practical, service delivery components of these programs. The
bidding criteria, at a minimum, shall recognize all of the following
factors:
(b) If the commission requires low-income energy efficiency
programs to be subject to competitive bidding, the electric and gas
corporation described in subdivision (a), as part of their bid
evaluation criteria, shall consider both cost-of-service criteria and
quality-of-service criteria. The bidding criteria, at a minimum,
shall recognize all of the following factors:
(1) The bidder's experience in delivering programs and services,
including, but not limited to, weatherization, appliance repair and
maintenance, energy education, outreach and enrollment services, and
bill payment assistance programs to targeted communities.
(2) The bidder's knowledge of the targeted communities.
(3) The bidder's ability to reach targeted communities.
(4) The bidder's ability to utilize and employ people from the
local area.
(5) The bidder's general contractor's license and evidence of
good standing with the Contractors' State License Board.
(6) The bidder's performance quality as verified by the funding
source.
(7) The bidder's financial stability.
(8) The bidder's ability to provide local job training.
(6)
(9) Other attributes that benefit local communities.
(c) Notwithstanding subdivision (b), the commission may modify
its the bid criteria based upon public
input from a variety of sources, including representatives from
low-income communities and the program administrators identified in
subdivision (b), in order to ensure the effective and efficient
delivery of high quality low-income energy efficiency programs.
SEC. 2. Section 381.5 is added to the Public Utilities Code,
to read:
381.5. It is the intent of the Legislature to protect and
strengthen the current network of community service providers by
doing the following:
(a) Directing that any evaluation of the effectiveness of the
low-income energy efficiency programs shall be based not solely on
cost criteria, but also on the degree to which the provision of
services allows maximum program accessibility to quality programs to
low-income communities by entities that have demonstrated performance
in effectively delivering services to the communities.
(b) Ensuring that high quality, low-income energy efficiency
programs are delivered to the maximum number of eligible participants
at a reasonable cost.
SEC. 3. Section 2790 of the Public Utilities Code is amended
to read:
2790. (a) The commission shall require an electrical or gas
corporation to perform home weatherization services for low-income
customers, as determined by the commission under Section 739, if the
commission determines that a significant need for those services
exists in the corporation's service territory, taking into
consideration both the cost effectiveness of the services and the
policy of reducing the hardships facing low-income households.
(b) (1) For purposes of this section, "weatherization" may
include, where feasible, any of the following measures for any
dwelling unit:
(A) Attic insulation.
(B) Caulking.
(C) Weatherstripping.
(D) Low flow showerhead.
(E) Waterheater blanket.
(F) Door and building envelope repairs that reduce air
infiltration.
(2) The commission shall direct any electrical or gas corporation
to provide as many of these measures as are feasible for each
eligible low-income dwelling unit.
(c) "Weatherization" may also include other building conservation
measures, energy-efficient appliances, and energy education programs
determined by the commission to be feasible, taking into
consideration for all measures both the cost effectiveness of the
measures as a whole and the policy of reducing energy-related
hardships facing low-income households.
SEC. 3.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIIIB of the California Constitution.