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AB-67 Public utilities: low-income assistance.(2001-2002)

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CALIFORNIA LEGISLATURE— 2001–2002 2nd Ext.

Assembly Bill
No. 67

Introduced  by  Assembly Member Firebaugh
 (Principal Coauthor(s): Assembly Member Reyes)
 (Principal Coauthor(s): Senator Alarcon)
 (Coauthor(s): Assembly Member Cedillo, Chavez, Diaz, Horton, Negrete McLeod, Oropeza)
 (Coauthor(s): Senator Escutia)

June 04, 2001

An act to amend Sections 382 and 2790 of, and to add Sections 382.1 and 2790.1 to, the Public Utilities Code, relating to public utilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 67, as introduced, Firebaugh. Public utilities: low-income assistance.
(1) Existing law 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 establish the Low-Income Marketing and Outreach Oversight Board, to be comprised of 11 members selected by the commission. The bill would require the board to conduct a customer needs need assessment once every 5 years, if the commission makes funding available for those purposes. The bill would require the board to conduct and evaluate the results of the need assessment, oversee the development and implementation of marketing and outreach strategies to assist in increasing the enrollment of eligible ratepayers in all energy-related low-income programs, and engage in certain other related activities.
The bill would require the commission to work with the board to increase participation in low-income programs, provide technical support, and provide formal notice of board meetings in its daily calendar.
(2) Existing law requires the commission to require an electrical or gas corporation to perform home weatherization services for low-income customers, if the commission determines that a significant need for those services exists in the corporation’s service territory.
This bill would require weatherization programs to use the needs need assessment conducted by the board and use community-based organizations to deliver these services to the maximum extent feasible. The bill would require the commission to establish a weatherization and energy efficiency program to achieve a reduction in peak electricity demand for nonprofit organizations.
Because a violation of the Public Utilities Act is a crime, this bill would change the definition of that crime by adding new requirements for electric utilities, thereby imposing a state-mandated local program. (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   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 382 of the Public Utilities Code is amended to read:

382.
 (a) Programs provided to low-income electricity customers, including, but not limited to, targeted energy-efficiency services and the California Alternative Alternate Rates for Energy Program shall be funded at not less than 1996 authorized levels based on an assessment of customer need.
(b) The Low-Income Marketing and Outreach Oversight Board established by Section 382.1 shall conduct an assessment of customer need once every five years, subject to funding being made available by the commission for those purposes.
(c) The commission shall allocate funds necessary to meet the low-income objectives in this section.

SEC. 2.

 Section 382.1 is added to the Public Utilities Code, to read:

382.1.
 (a) A Low-Income Marketing and Outreach Oversight Board is hereby established. The function of the board is to conduct and evaluate the results of the need assessment required by Section 382. The board shall also oversee the development and implementation of marketing and outreach strategies to assist in increasing the enrollment of eligible ratepayers in all energy-related low-income programs. The board shall be responsible for, but is not limited to, all of the following:
(1) Developing a budget for statewide marketing and outreach of all low-income energy efficiency and rate assistance programs. The activities funded in the statewide marketing and outreach budget shall be prioritized in a manner that reflects the most pressing needs of all low-income energy efficiency and rate assistance programs.
(2) Ensuring that the marketing and outreach programs are focused on achieving the program goal of providing rate assistance to all qualified low-income households, with an emphasis on hard-to-reach and underserved ratepayers.
(3) Maximizing the leverage of state and federal energy efficiency funds to both lower the bills and increase the comfort of low-income customers.
(4) Promoting the usage of the network of community service providers in accordance with Sections 327.1 and 381.5.
(5) Developing a strategy for meeting a 98 percent penetration goal for low-income programs within three years after the completion of the first need assessment. The board shall define, for purposes of this paragraph, the term “penetration goal” that shall include, but is not limited to, direct communication with, and the enrollment of, eligible ratepayers.
(b) (1) The board shall be comprised of 11 members to be selected by the commission from each of the following groups:
(A) Four members who have expertise in the low-income community and who are not affiliated with any state or utility groups. These board members shall be selected in a manner to ensure an equitable geographic distribution.
(B) One member who is a representative from the Governor’s office.
(C) One member who is a designated representative of the commission and who has expertise in the area of low-income programs.
(D) One member who is a designated representative of the State Energy Resources Conservation and Development Commission.
(E) One member who is an employee of the Department of Community Services and Development.
(F)  Three members who are representatives from a public utility that provides gas and electric service or who have expertise in the area of low-income programs.
(2) Each member of the board shall serve for a period of two years, except that the commission may select some of the initial members of the board to serve for a period of three years.
(c) The board shall act independently from the commission and shall alternate meeting locations between northern and southern California.
(d) The board may establish a technical advisory committee to assist the board and may request utility representatives and commission staff to assist the technical advisory committee.
(e) The commission shall do the following in conjunction with the work of the board:
(1) Work with the board to increase participation in programs for low-income customers.
(2) Provide technical support to the board.
(3) Provide formal notice of board meetings in the commission’s daily calendar.
(f) (1) Members of the board and members of the technical advisory committee shall be eligible for compensation in accordance with state guidelines for necessary travel.
(2) Members of the board and members of the technical advisory committee who are not salaried state service employees shall be eligible for reasonable compensation for attendance at board meetings.
(3) All reasonable costs incurred by the board, including staffing, travel, and administrative costs, shall be part of the budget of the commission and the commission shall consult with the board in the preparation of this portion of the commission’s annual budget.

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, including energy-efficient lighting, 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.
(d) Weatherization programs shall use the needs need assessment pursuant to Section 382.1 382 and shall, to the maximum extent feasible, use community-based organizations to deliver these services.

(e)The commission shall establish an energy efficiency program for low-income customers to ensure that community-based organizations are able to provide environmentally beneficial and energy efficient lighting to communities in order to reduce consumption.

SEC. 4.

 Section 2790.1 is added to the Public Utilities Code, to read:

2790.1.
 (a)  Subject to the availability of funds appropriated in the Budget Act in each fiscal year for these purposes, the commission shall establish a weatherization and energy efficiency program to achieve a reduction in peak electricity demand for nonprofit organizations that primarily provide services to low-income persons. The program shall facilitate and subsidize the replacement of low-efficiency lighting with high-efficiency lighting and subsidize the installation of demand-responsive and energy-efficient technologies for eligible nonprofit organizations.
(b) The commission shall work with public utilities and community-based organizations to meet the requirements of this section.

SEC. 5.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.