Bill Text: CA SB1154 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public Utilities Commission: Earned Income Tax Credit.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-09-29 - In Senate. To unfinished business. (Veto) [SB1154 Detail]

Download: California-2009-SB1154-Amended.html

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BILL NUMBER: SB 1154	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 27, 2010
	AMENDED IN SENATE  APRIL 5, 2010

INTRODUCED BY   Senator Cedillo

                        FEBRUARY 18, 2010

   An act to  amend Section 382.1 of, and to  add Section
713 to  ,  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 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
information about the applicant's eligibility to qualify for the
federal Earned Income Tax Credit.
    (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. 
    Th   is   bill would require the  
b   oard 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. 

   (2) 
    (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. 
   (3) 
    (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.
   SECTION 1.   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 applicant's eligibility to qualify for the federal Earned Income
Tax Credit.
   (b) The information described in subdivision (a)  shall be
provided with all initial and recertification applications processed
by telephone, 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 or ULTS
program is sent.
   (c) CARE and ULTS applicants shall be provided with information
about all of the following pursuant to this section:
   (1) The federal Earned Income Tax Credit requirements.
   (2) The potential benefit to the applicant's tax return.
   (3) Contact information about where they can receive further
information.
   SEC. 2.   SEC. 3.   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.