BILL NUMBER: SB 1154 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 16, 2010
AMENDED IN ASSEMBLY AUGUST 2, 2010
AMENDED IN SENATE APRIL 27, 2010
AMENDED IN SENATE APRIL 5, 2010
INTRODUCED BY Senator Cedillo
FEBRUARY 18, 2010
An act to amend Sections 382.1 and 876 of, and to add
Section 713 to Section 382.1 of, to amend, repeal, and
add Section 876 of, and to add and repeal Section 713 of , the
Public Utilities Code, relating to public utilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 1154, as amended, Cedillo. Public Utilities Commission: Earned
Income Tax Credit.
(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 (CARE) program. The Moore Universal Telephone Service Act
establishes the Universal Lifeline Telephone Service (ULTS) program
in order to provide low-income households with access to affordable
basic residential telephone service.
This bill , until January 1, 2015, would require the
commission to ensure that all applications for the California
Alternate Rates for Energy (CARE) and the Universal Lifeline
Telephone Service (ULTS) programs include specified information about
the applicant's eligibility to qualify for the federal Earned Income
Tax Credit. The bill would require that a telephone corporation's
ULTS application include the information required by the commission.
(2) Existing law establishes the Low-Income Oversight Board for
the purpose of advising the commission on low-income electric, gas,
and water customer issues and serving as a liaison for the commission
to low-income ratepayers and representatives.
This bill would require the board to make recommendations on
whether the California Alternate Rates for Energy (CARE) and
Universal Lifeline Telephone Service (ULTS) programs could assist
with outreach regarding the federal Earned Income Tax Credit in a
manner that would not detract from the primary goals of these
programs and would minimize negative ratepayer impacts.
(3) Existing law makes any public utility, as defined, and any
corporation other than a public utility, that violates the Public
Utilities Act, or that fails to comply with any part of any order,
decision, rule, direction, demand, or requirement of the commission,
guilty of a crime.
Because the provisions of this bill are within the act and require
action by the commission to implement its requirements, a violation
of these provisions would impose a state-mandated local program by
expanding the definition of a crime.
(4) 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 382.1 of the Public Utilities Code is amended
to read:
382.1. (a) There is hereby established a Low-Income Oversight
Board that shall advise the commission on low-income electric, gas,
and water customer issues and shall serve as a liaison for the
commission to low-income ratepayers and representatives. The
Low-Income Oversight Board shall replace the Low-Income Advisory
Board in existence on January 1, 2000. The Low-Income Oversight Board
shall do all of the following to advise the commission regarding the
commission's duties:
(1) Monitor and evaluate implementation of all programs provided
to low-income electricity, gas, and water customers.
(2) Assist in the development and analysis of any assessments of
low-income customer need.
(3) Encourage collaboration between state and utility programs for
low-income electricity and gas customers to maximize the leverage of
state and federal energy efficiency funds to both lower the bills
and increase the comfort of low-income customers.
(4) Provide reports to the Legislature, as requested, summarizing
the assessment of need, audits, and analysis of program
implementation.
(5) Assist in streamlining the application and enrollment process
of programs for low-income electricity and gas customers with general
low-income programs, including, but not limited to, the Universal
Lifeline Telephone Service (ULTS) program and, including compliance
with Section 739.1.
(6) Encourage the usage of the network of community service
providers in accordance with Section 381.5.
(7) Make recommendations on whether the California Alternate Rates
for Energy (CARE) and Universal Lifeline Telephone Service (ULTS)
programs could assist with outreach regarding the federal Earned
Income Tax Credit in a manner that would not detract from the primary
goals of these programs and would minimize negative ratepayer
impacts.
(b) The Low-Income Oversight Board shall be comprised of 11
members to be selected as follows:
(1) Five members selected by the commission who have expertise in
the low-income community and who are not affiliated with any state
agency or utility group. These members shall be selected in a manner
to ensure an equitable geographic distribution.
(2) One member selected by the Governor.
(3) One member selected by the commission who is a commissioner or
commissioner designee.
(4) One member selected by the Department of Community Services
and Development.
(5) One member selected by the commission who is a representative
of private weatherization contractors.
(6) One member selected by the commission who is a representative
of an electrical or gas corporation.
(7) One member selected by the commission who is a representative
of a water corporation.
(c) The Low-Income Oversight Board shall alternate meeting
locations between northern, central, and southern California.
(d) The Low-Income Oversight Board may establish a technical
advisory committee consisting of low-income service providers,
utility representatives, consumer organizations, and commission
staff, to assist the board and may request utility representatives
and commission staff to assist the technical advisory committee.
(e) The commission shall do all of the following in conjunction
with the board:
(1) Work with the board, interested parties, and community-based
organizations to increase participation in programs for low-income
customers.
(2) Provide technical support to the board.
(3) Ensure that the energy burden of low-income electricity and
gas customers is reduced.
(4) 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 in carrying out its
duties pursuant to subdivision (a), including staffing, travel, and
administrative costs, shall be reimbursed through the public
utilities reimbursement account and shall be part of the budget of
the commission and the commission shall consult with the board in the
preparation of that portion of the commission's annual proposed
budget.
SEC. 2. Section 713 is added to the Public Utilities Code, to
read:
713. (a) The commission shall ensure that all applications for
the California Alternate Rates for Energy (CARE) and the Universal
Lifeline Telephone Service (ULTS) programs include information about
the federal Earned Income Tax Credit.
(b) (1) For CARE applicants, the information described in
subdivision (a) shall be provided with all initial and
recertification applications processed through an Internet Web site
or by mail. For mail applications, the information may be included on
a separate sheet in the same envelope that the application for the
CARE program is sent. For customers that apply for the program by
telephone, the information described in subdivision (a) shall be
included on a separate sheet in the same envelope as the customer's
first billing.
(2) For ULTS applicants, a separate sheet with the information
described in subdivision (a) shall be included in the same envelope
at the time of mailing the initial and recertification applications
for the ULTS program, and in the event that other modes of processing
are developed, by the commission or third-party administrator, as
appropriate.
(c) CARE and ULTS applicants shall be provided with information
that reads as follows:
Based upon your annual earnings, you may be eligible to receive
the Earned Income Tax Credit from the federal government. The Earned
Income Tax Credit is a refundable federal income tax credit for
low-income working individuals and families. The Earned Income Tax
Credit has no effect on certain welfare benefits. In most cases,
Earned Income Tax Credit payments will not be used to determine
eligibility for Medi-Cal, supplemental security income, food stamps,
low-income housing or most temporary assistance for needy families
payments. Even if you do not owe federal taxes, you must file a tax
return to receive the Earned Income Tax Credit. Be sure to fill out
the Earned Income Tax Credit Form in the federal income tax return
booklet. For information regarding your eligibility to receive the
Earned Income Tax Credit, including information on how to obtain the
Internal Revenue Service Notice 797 or Form W-5, or any other
necessary forms and instructions, contact the Internal Revenue
Service by calling 1-800-829-3676, or through the Internal Revenue
Service Internet Web site at www.irs.gov.
(d) Failure to meet the requirements of this section shall not
result in civil liability.
(e) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 3. Section 876 of the Public Utilities Code is amended to
read:
876. (a) The commission shall require every
telephone corporation providing telephone service within a service
area to file a schedule of rates and charges providing a class of
lifeline telephone service. Every telephone corporation providing
service within a service area shall inform all eligible subscribers
of the availability of lifeline telephone service, and how they may
qualify for and obtain service, and shall accept applications for
lifeline telephone service according to procedures specified by the
commission. Applications shall include the information required by
the commission pursuant to Section 713.
(b) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 4. Section 876 is added to the
Public Utilities Code , to read:
876. (a) The commission shall require every telephone corporation
providing telephone service within a service area to file a schedule
of rates and charges providing a class of lifeline telephone
service. Every telephone corporation providing service within a
service area shall inform all eligible subscribers of the
availability of lifeline telephone service, and how they may qualify
for and obtain service, and shall accept applications for lifeline
telephone service according to procedures specified by the
commission.
(b) This section shall become operative on January 1, 2015.
SEC. 4. 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.