Section 744.5 Of Article 2. Rates From California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 4. >> Article 2.
744.5
. (a) Notwithstanding any other provision of law, the Public
Utilities Commission shall, as soon as is practicable after the
operative date of the act adding this section, require every
electrical corporation which furnishes electricity to an agricultural
producer to provide, in accordance with the requirements of
subdivision (c), citrus and avocado producers with an electrical
energy payment deferral program related to the production of citrus
and avocado crops.
(b) For the purposes of this section, "agricultural producer"
shall be as defined in subdivision (a) of Section 744.
(c) Notwithstanding any other provision of law, upon verification
by the agricultural producer of freeze-related crop losses of not
less than 50 percent, the electrical corporation shall provide the
electrical energy payment deferral program referenced in subdivision
(a). For the purposes of this subdivision, the electrical corporation
shall accept the original or a true photocopy of any of the
following as verification of crop losses:
(1) A statement from a packing house or handler. A person who
exercises managing control in a packing house shall provide at least
one of the documents set forth in paragraphs 2 to 5, inclusive, in
addition to, or in place of, the document set forth in this
paragraph.
(2) A statement from a farm adviser of the University of
California.
(3) A statement from the county agricultural commissioner.
(4) A statement of insurance adjustment.
(5) A calamity claim to the county tax assessor.
(d) For the purposes of this section, "deferral period" shall mean
June 1, 1991, to March 31, 1992, inclusive. Electricity bills
incurred by agricultural producers during the deferral period shall
be eligible for deferral pursuant to this section.
(e) (1) Deferral programs under this section shall be developed on
an individual basis between the electrical energy corporation and
the eligible agricultural producers. These deferral programs shall
allow eligible agricultural producers, at their option, to defer,
without incurring interest charges, up to 50 percent of each
electricity bill incurred during the deferral period on accounts or
amounts attributable to the production of citrus or avocado crops.
(2) At the end of the deferral period, participating agricultural
producers shall keep each month's charges current and pay the accrued
deferrals in up to 18 equal monthly installment payments. To be
eligible for the maximum 50 percent deferral and the maximum 18-month
repayment period, an agricultural producer shall do all of the
following:
(A) Verify crop losses in accordance with subdivision (c).
(B) Demonstrate, to the satisfaction of the electrical energy
corporation, which accounts are, or which portion of the amount
billed is, attributable to the production of citrus or avocado crops.
(C) Pay, on or before the due date of each bill during the
deferral period, at least 50 percent of the charges incurred on each
bill.
(f) The electrical energy corporation may require a security
interest in crops, real property, or other security acceptable to the
electrical energy corporation, as a condition of deferring payments
pursuant to this section. Any deferral by the electrical energy
corporation of one or more electricity bills pursuant to this section
shall not constitute a waiver by the corporation of its authority to
require security for amounts already deferred or subsequently
deferred.
(g) Each electrical energy corporation shall establish a balancing
account to reflect the amounts of the deferrals and the costs of the
payment deferral program. All of the costs of the payment deferral
program, including, but not limited to, uncollectible amounts,
interest, and administrative costs, shall be fully recovered from all
customers of the electrical energy corporation.