BILL ANALYSIS                                                                                                                                                                                                    



                                                             


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|SENATE RULES COMMITTEE            |                  AB 1421|
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                       THIRD READING
                              

Bill No:  AB 1421
Author:   Wright (D)
Amended:  8/18/99 in Senate
Vote:     21

  
  SENATE ENERGY, U.&C. COMMITTEE  :  7-3, 8/25/99
AYES:  Alarcon, Baca, Hughes, Kelley, Peace, Solis, Speier
NOES:  Bowen, Brulte, Mountjoy
NOT VOTING:  Vasconcellos

  SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

  SENATE FLOOR  :  18-13, 9/1/99
AYES:  Alarcon, Alpert, Baca, Burton, Costa, Dunn, Hughes,  
  Johnston, Karnette, Kelley, Murray, O'Connell, Ortiz,  
  Peace, Poochigian, Rainey, Solis, Speier
NOES:  Bowen, Brulte, Hayden, Haynes, Johannessen, Johnson,  
  Knight, Leslie, Lewis, Monteith, Mountjoy, Perata, Wright
NOT VOTING:  Chesbro, Escutia, Figueroa, McPherson, Morrow,  
  Polanco, Schiff, Sher, Vasconcellos

  ASSEMBLY FLOOR  :  50-17, 5/27/99 - See last page for vote
 

  SUBJECT  :    Gas and electric service

 SOURCE  :     Author

 
  DIGEST  :    This bill establishes the incumbent utilities as  
the mandatory provider of "default" bundled gas service and  
prohibits the Public Utilities Commission from unbundling  
distribution-related gas and electric services, such as  
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metering and billing, for most customers.

  ANALYSIS  :    Existing law authorizes the California Public  
Utilities Commission (CPUC) to investigate restructuring of  
natural gas services, but requires it to submit its  
recommendations to the Legislature, and prohibits it from  
enacting any gas restructuring decisions prior to January  
1, 2000 (SB 1602 (Peace), Chapter 401, Statutes of 1998).

This bill prevents further restructuring of gas services by  
designating the incumbent utilities as the mandatory  
provider of "default" bundled gas service and prohibiting  
the CPUC from unbundling distribution-related gas services,  
such as metering and billing, for most customers.

Specifically,  the bill  :

Requires that gas utilities provide "bundled basic gas  
service" (including transmission, storage, distribution,  
purchasing, revenue cycle services and after meter  
services) to all "core" (residential and small commercial)  
customers, unless the customer chooses to purchase gas from  
a non-utility provider.

Requires that gas utilities be the exclusive provider of  
"revenue cycle services" (meter installation and reading,  
billing, collection and related customer services) for all  
customers, except that non-core customers and core  
customers served by an aggregator may receive billing and  
collection services from a non-utility provider.

Requires that, where billing and collection services by  
non-utility providers are permitted, the existing "avoided  
cost" methodology for calculating credits provided by the  
utility in lieu of providing these services must be  
maintained.

Requires "after meter services" (leak detection and other  
safety-related services) to be included in the distribution  
rate and not billed separately.

The bill additionally requires electric utilities to  
conduct research to determine the typical simultaneous peak  
load of agricultural customers with multiple meters and  







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                                                       Page  
3

report to those customers and the CPUC by July 1, 2001.  It  
also requires the CPUC to consider the research results in  
setting future distribution rates for those customers.

  Background
  
The natural gas commodity market has been opened to  
competition for several years in California and customers  
have the choice to buy the commodity itself from the  
incumbent utility provider or alternative providers.   
However, the appropriate level of competition for the range  
of services related to providing the gas has been the  
subject of ongoing debate and discussion, both in the  
Legislature and at the CPUC.  This bill proposes a final  
answer to any lingering questions about further  
restructuring of gas services.  

Pursuant to SB 1602, the CPUC is authorized to investigate  
restructuring of gas services, but is required to submit  
its recommendations to the Legislature, and prohibited from  
enacting any gas restructuring decisions prior to January  
1, 2000. 

This bill prohibits competition for gas-related revenue  
cycle services, including meter installation and reading,  
billing, collection and related customer services, by  
requiring that utilities be the exclusive provider of these  
services for all customers.  Only non-core customers and  
core customers served by an aggregator may receive billing  
and collection services from a non-utility provider.  For  
these customers, the existing avoided cost methodology  
(which favors the incumbent providers) for calculating  
credits provided by the utility in lieu of providing these  
services must be maintained.

With one exception, this bill's provisions are generally  
consistent with the CPUC's July 8, 1999 natural gas  
strategy decision (D.99-07-015) which outlines future  
options for the gas restructuring.  In the decision, the  
CPUC recommends that the utility be the provider of default  
service, meter installation and reading, and after-meter  
services.  

The exception to this bill's consistency with the CPUC  







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decision is on the issue of billing.  The CPUC identifies  
open competition in billing services for core customers as  
a promising option, while this bill prohibits competition  
for billing services for most customers.  

The CPUC intends to submit its final recommendations on  
these matters to the Legislature for review later this  
year.  Because this bill repeals SB 1602 and definitively  
concludes that gas services should not be further  
unbundled, it renders the moratorium, the CPUC  
investigation and future review of the findings by the  
Legislature moot.

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


  SUPPORT  :   (Verified  8/30/99)

Advocates for Consumer Equity, Inc.
Agricultural Energy Consumers Association
California Farm Bureau Federation
California Firefighters
California Labor Federation, AFL-CIO
California Teamsters Public Affairs Council
Coalition of California Utility Employees
Consumer Federation of California
Engineers and Scientists of California, Local 20, IFPTE  
  (San Francisco)
Eric Lawson, Torrance
International Brotherhood of Electrical Workers, Local  100  
  (Fresno)
International Brotherhood of Electrical Workers, Local  11  
  (Pasadena)
International Brotherhood of Electrical Workers, Local   
  1245 (Walnut Creek)
International Brotherhood of Electrical Workers, Local   
  1710 (El Monte)
International Brotherhood of Electrical Workers, Local  18  
  (Los Angeles)
International Brotherhood of Electrical Workers, Local  180  
  (Vallejo)
International Brotherhood of Electrical Workers, Local   
  2295 (El Monte)







                                                     AB 1421
                                                       Page  
5

International Brotherhood of Electrical Workers, Local  234  
  (Castroville)
International Brotherhood of Electrical Workers, Local  302  
  (Pleasant Hill)
International Brotherhood of Electrical Workers, Local  332  
  (San Jose)
International Brotherhood of Electrical Workers, Local  340  
  (Sacramento, Yolo)
International Brotherhood of Electrical Workers, Local  40  
  (North Hollywood)
International Brotherhood of Electrical Workers, Local  413  
  (Santa Barbara)
International Brotherhood of Electrical Workers, Local  428  
  (Bakersfield)
International Brotherhood of Electrical Workers, Local  440  
  (Riverside)
International Brotherhood of Electrical Workers, Local  441  
  (Orange County)
International Brotherhood of Electrical Workers, Local  45  
  (Hollywood)
International Brotherhood of Electrical Workers, Local  465  
  (San Diego)
International Brotherhood of Electrical Workers, Local  477  
  (San Bernardino)
International Brotherhood of Electrical Workers, Local  551  
  (Santa Rosa)
International Brotherhood of Electrical Workers, Local  569  
  (San Diego)
International Brotherhood of Electrical Workers, Local  595  
  (Dublin)
International Brotherhood of Electrical Workers, Local  6  
  (San Francisco)
International Brotherhood of Electrical Workers, Local  617  
  (San Mateo)
International Brotherhood of Electrical Workers, Local  639  
  (San Luis Obispo)
International Brotherhood of Electrical Workers, Local  684  
  (Modesto)
International Brotherhood of Electrical Workers, Local  952  
  (Ventura)
International Chemical Workers Union Conference/United Food  
  and Commercial Workers Union, Local 350 (Temple City)
International Chemical Workers Union Conference/United Food  
  and Commercial Workers Union, Local 47 (West Covina)







                                                     AB 1421
                                                       Page  
6

International Chemical Workers Union Conference/United Food  
  and Commercial Workers Union, Local 58 (La Verne)
International Chemical Workers Union Conference/United Food  
  and Commercial Workers Union, Local 78 (Alta Loma)
Los Angeles County Federation of Labor, AFL-CIO
Pacific Gas and Electric Company
Resources for Independent Living, Inc.
San Diego-Imperial Counties Labor Council, AFL-CIO
San Mateo County Central Labor Council
SEMPRA Energy
Southern California Edison
Southern California Gas Workers Council
State Building and Construction Trades Council of  
  California
Utility Workers Union of America (National Union)
Utility Workers Union of America, Local 132 (Los Angeles)
Utility Workers Union of America, Local 170 (Bakersfield)
Utility Workers Union of America, Local 246 (Los Alamitos)
Utility Workers Union of America, Local 465 (San Diego)
Utility Workers Union of America, Local 483 (Santa Barbara)
Utility Workers Union of America, Local 522 (Moreno Valley)
Utility Workers Union of America, Local 659 (Central Point,  
  Oregon)

  OPPOSITION  :    (Verified  8/30/99)

Association of Bay Area Governments
Association of California Water Agencies (ACWA)
Automated Power Exchange
California Public Utilities Commission (CPUC)
Clean Power Campaign
College of Marin
Consumers Union
Dixie School District, San Rafael
Enron Corporation
Environmental Defense Fund
Eureka City Schools
Folsom Cordova Unified School District
Fresno Unified School District
Greenmountain Energy Resources
Independent Energy Producers Association
Marin County Office of Education
New Energy Ventures
New Haven Unified School District







                                                     AB 1421
                                                       Page  
7

Office of Ratepayer Advocates (ORA)
Pacific Utility Installation, Inc.
Peralta Community College District
Polaris Group
Pollock Pines Elementary School District
Reliant Energy
San Francisco Unified School District
Santa Rosa Junior College
School Project for Utility Rate Reduction
Sierra Club
Tamalpais Union High School District
The Utility Reform Network (TURN)
Tulare Joint Union High School District
Utility Consumers' Action Network (UCAN)
Utility.com
Western Power Trading Forum

 ASSEMBLY FLOOR  :
AYES:  Ackerman, Alquist, Baldwin, Bates, Battin, Campbell,  
  Cardenas, Cardoza, Cedillo, Correa, Cox, Cunneen,  
  Dickerson, Ducheny, Dutra, Firebaugh, Florez, Floyd,  
  Frusetta, Gallegos, Granlund, Havice, Hertzberg, Honda,  
  Kaloogian, Leach, Mazzoni, Nakano, Olberg, Oller, Robert  
  Pacheco, Rod Pacheco, Papan, Pescetti, Romero, Runner,  
  Scott, Soto, Steinberg, Strickland, Thomson, Torlakson,  
  Vincent, Washington, Wesson, Wiggins, Wildman, Wright,  
  Zettel, Villaraigosa
NOES:  Aroner, Ashburn, Bock, Brewer, Briggs, House,  
  Keeley, Kuehl, Lempert, Leonard, Longville, Maddox,  
  Margett, Migden, Reyes, Strom-Martin, Thompson
NOT VOTING:  Aanestad, Baugh, Calderon, Corbett, Davis,  
  Jackson, Knox, Lowenthal, Machado, Maldonado, McClintock,  
  Shelley, Wayne


NC:jk  9/2/99   Senate Floor Analyses 

               SUPPORT/OPPOSITION:  SEE ABOVE

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