Article 2. Rates of California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 4. >> Article 2.
It is the policy of the state that the use of all waterways,
ports, and harbors of this state shall be encouraged, and to that end
the commission is directed in the establishment of rates for water
carriers applying to business moving between points within this state
to fix those rates at such a differential under the rates of
competing land carriers that the water carriers shall be able fairly
to compete for such business. In fixing the rates there shall be
taken into consideration quality and regularity of service and class
and speed of vessels.
(a) In establishing rates for water service, the commission
shall consider, and may establish, separate charges for costs
associated with customer service, facilities, variable operating
costs, including fixed and variable costs associated with supplying
the water, or other components of the water service provided to water
users.
(b) The commission shall consider, and may authorize, a water
corporation to assess a fee for future water service, or a
reservation charge for future water service, for persons or entities
occupying or owning property within the service territory of the
water corporation.
(c) The commission shall consider, and may authorize, a water
corporation to establish a balancing account, rate stabilization
fund, or other contingency fund, the purpose of which shall be the
long-term stabilization of water rates.
(d) The commission shall consider, and may authorize, a water
corporation to establish programs, including rate designs, for
achieving conservation of water and recovering the cost of these
programs through the rates.
(e) In establishing rates for recovery of the costs of used and
useful water plant, the commission may utilize a capital structure
and payback methodology that shall maintain the reliability of water
service, shall minimize the long-term cost to ratepayers, shall
provide equity between present and future ratepayers, and shall
afford the utility an opportunity to earn a reasonable return on its
used and useful investment, to attract capital for investment on
reasonable terms and to ensure the financial integrity of the
utility.
Whenever the commission, after a hearing, finds that the rates
or classifications, demanded, observed, charged, or collected by any
public utility for or in connection with any service, product, or
commodity, or the rules, practices, or contracts affecting such rates
or classifications are insufficient, unlawful, unjust, unreasonable,
discriminatory, or preferential, the commission shall determine and
fix, by order, the just, reasonable, or sufficient rates,
classifications, rules, practices, or contracts to be thereafter
observed and in force.
In determining and fixing rates for a telephone corporation
pursuant to this section or pursuant to Section 455, or in
determining whether or not a proposed rate increase is justified
pursuant to Section 454, the commission shall, among other things,
take into consideration any evidence offered concerning the quality
of the particular telephone corporation's services as compared with
that of telephone corporations in adjacent territory, and the
permissible rates for comparable service charged by telephone
corporations in adjacent territory.
(a) For purposes of this section, "plant held for future use
account" means account number 105 of the Uniform System of Accounts
Prescribed for Public Utilities and Licensees, as adopted by the
commission.
(b) The commission shall review the status of all property owned
by a gas or electrical corporation and held within the plant held for
future use account at least once every three years or during a
proceeding conducted pursuant to Section 728, for the purpose of
determining and fixing the rates of that gas or electrical
corporation, as determined by the commission.
(c) If a gas or electrical corporation sells property which was
carried within the plant held for future use account and which was
included in determining the rates of the corporation, the commission
shall determine what portion of any gains from the sale shall be
allocated to the customers of the corporation in a manner consistent
with the procedures specified in account number 105 of the Uniform
System of Accounts Prescribed for Public Utilities and Licensees. The
portion of the gains allocated to customers shall not be less than
the amount the corporation has recovered through rates for the
carrying costs and other expenses of the property during the period
it was carried in the plant held for future use, and shall not exceed
the gain on the sale, net of any tax, resulting from the sale.
(a) Except as provided in subdivision (b), the commission
shall have no jurisdiction or control over classified telephone
directories or commercial advertising included as part of the
corporation's alphabetical telephone directories, including the
charges for and the form and content of such advertising, except that
the commission shall investigate and consider revenues and expenses
with regard to the acceptance and publication of such advertising for
purposes of establishing rates for other services offered by
telephone corporations.
(b) If the commission determines, after a hearing, that any
federal action would impair its ability to investigate and consider
revenues and expenses with regard to the acceptance and publication
of telephone directory advertising for the purpose of establishing
rates for other services offered by any telephone corporation, the
commission shall have the jurisdiction to regulate commercial
advertising in alphabetical and classified directories of telephone
corporations, except as provided in this subdivision.
(1) The commission's jurisdiction to regulate commercial
advertising in alphabetical and classified directories of telephone
corporations under this subdivision shall be limited to the rates and
charges for commercial directory advertising, except that the
commission shall investigate and consider revenues and expenses of
telephone corporations related to that advertising for purposes of
establishing rates for other services offered by telephone
corporations.
(2) The commission shall also have no jurisdiction over the
following:
(i) The form and content of the advertising in alphabetical and
classified directories of telephone corporations.
(ii) The form and content of the directories in which that
advertising appears.
(iii) Directory advertising practices.
(iv) The determination of the geographic areas served by those
directories.
(v) Complaints by any corporation or person regarding directory
advertising.
(3) The commission, by its own motion or on petition of any
telephone corporation, may, after a hearing, issue an order
relinquishing the jurisdiction assumed under this subdivision, except
its jurisdiction to investigate and consider the revenues and
expenses specified in paragraph (1) if the commission determines that
relinquishing the jurisdiction will not affect its ability to
investigate and consider those revenues and expenses. As used in this
subdivision, "federal action" means the introduction of a bill in
Congress, an order of the Federal Communications Commission, or an
order or decision of any federal court which would prohibit state
regulatory agencies which have no jurisdiction over directory
advertising from considering revenues from this source for ratemaking
purposes.
(a) No telephone corporation operating within a service area
shall remove any public telephone unless it has posted on the public
telephone for not less than 30 days a notice, in a manner and form
approved by the commission, indicating that the public telephone is
to be removed and containing the appropriate telephone number of the
commission which a customer may call for further information.
(b) This section shall not apply when a public telephone is
removed for public safety or public nuisance purposes or at the
request of the owner or lessee of the property on which the public
telephone is located.
A telephone corporation shall list a telephone number as the
number for a facsimile machine in its alphabetical or classified
directory only if requested to do so by the subscriber.
(a) The commission may establish rates or charges for the
transportation of passengers and freight by railroads and other
transportation companies, except motor carriers of property, and no
railroad or other transportation company under its jurisdiction,
except motor carriers of property, shall charge or demand or collect
or receive a greater or less or different compensation for that
transportation of passengers or freight, or for any service in
connection therewith, between the points named in any tariff of rates
established by the commission than the rates, fares and charges
which are specified in that tariff. The commission may examine books,
records and papers of all railroad and other transportation
companies, except motor carriers of property; may hear and determine
complaints against railroad and other transportation companies; and
may issue subpoenas and all necessary process and send for persons
and papers. The commission and each of the commissioners may
administer oaths, take testimony and punish for contempt in the same
manner and to the same extent as courts of record. The commission may
prescribe a uniform system of accounts to be kept by all railroad
and other transportation companies, except motor carriers of
property.
(b) Subdivision (a) is not applicable to network railroad
transportation.
(a) Prior to authorizing any change in the amount of the
payment required of a telephone corporation which provides service
between service areas to a telephone corporation which provides
service within a service area for the use of its telephone lines, and
prior to assigning to subscribers of a telephone corporation
operating within a service area any charge, surcharge, or rate
increase that is a result of a decrease in the amount of that
payment, the commission shall do all of the following:
(1) Require the telephone corporation requesting authorization to
increase subscriber rates or to impose a charge or surcharge on
subscribers as a result of a change in the payments, to notify its
subscribers, whenever the commission commences a proceeding on its
own motion or in response to a petition to authorize a change in the
amount of those payments or to impose that charge, surcharge, or rate
increase as a result of a change in the amount of those payments.
(2) Require the telephone corporation to provide its subscribers
with an exact description of, and explanation for, the change in the
amount of the payment or the imposition of a charge, surcharge, or
rate increase, within 90 days of the authorized change in the amount
of payment or charge, surcharge, or rate increase. The description
and explanation shall include a reasonably accurate quantitative
assessment of the results of, and the reasons for, the change in the
amount of payment or imposition of a charge, surcharge, or rate
increase for each class of subscriber.
(b) The commission shall provide the Legislature with the
information required of a telephone corporation pursuant to paragraph
(2) of subdivision (a), for any change in payments, or imposition of
a charge, surcharge, or rate increase as a result of a change in
payment, made prior to January 1, 1987, within 60 days after that
date.
The commission may, upon a hearing, investigate a single rate,
classification, rule, contract, or practice, or any number thereof,
or the entire schedule or schedules of rates, classifications, rules,
contracts, and practices, or any thereof, of any public utility, and
may establish new rates, classifications, rules, contracts, or
practices or schedule or schedules in lieu thereof.
A public utility, other than one-way radio paging services,
shall not change a group of customers from one rate schedule to
another rate schedule, if the change would result in an increase of
more than 10 percent in the rate charged to the affected customers,
without first notifying customers of the change. Upon the request of
an affected customer, the commission may hold a hearing on the
change.
(a) The commission shall, upon a hearing, determine the kind
and character of facilities and the extent of the operation thereof,
necessary reasonably and adequately to meet public requirements for
service furnished by common carriers between any two or more points,
and shall fix and determine the just, reasonable, and sufficient
rates for such service. Whenever two or more common carriers are
furnishing service in competition with each other, the commission
may, after hearing, when necessary for the preservation of adequate
service and when public interest demands, prescribe uniform rates,
classifications, rules, and practices to be charged, collected, and
observed by all such common carriers.
(b) Subdivision (a) is not applicable to network railroad
transportation.
The commission shall notify every state and local public
agency and corporation operating a passenger transit system making a
written request for such notification before approving any rate
increase for the passenger transportation services of any railroad or
passenger state corporation within the territory served by such
public transit system.
In determining reimbursement to railroad corporations for
the operation of rail passenger service, the commission shall not
exceed that compensation which would be payable if calculated
pursuant to the standards of the Rail Services Planning Office of the
Interstate Commerce Commission contained in Title 49 of the Code of
Federal Regulations, Part 1127.
Whenever a state agency files with the commission an
application for an increase in rates or fares or for any change in
the level of service for passenger transportation by a railroad
corporation and the state agency has prior to the application held a
public hearing on the matter which the commission finds to be
complete and adequate, the commission may determine not to hold any
further hearing on the matter and in this event shall approve, modify
and approve as so modified, or disapprove the application within 90
days of the date of filing with the commission.
(a) Whenever the commission, after a hearing finds that the
rates, fares, or charges in force over two or more common carriers,
between any two points in this state, are unjust, unreasonable, or
excessive, or that no satisfactory through route or joint rate, fare,
or charge exists between such points, and that the public
convenience and necessity demand the establishment of such a through
route and joint rate, fare, or charge, the commission may order such
common carriers to establish such through route and may establish and
fix a joint rate, fare, or charge which will be fair, just,
reasonable, and sufficient, to be charged and collected in the
future, and the terms and conditions under which such through route
shall be operated. The commission may order that freight moving
between such points shall be carried by the common carriers
participating in such through route and joint rate, without being
transferred from the originating cars.
(b) Subdivision (a) is not applicable to network railroad
transportation.
(a) If the common carriers do not agree upon the division
between them of the joint rates, fares, or charges established by the
commission over through routes, the commission shall, after hearing,
by supplemental order, establish that division. Where any railroad,
or passenger stage corporation that is made a party to a through
route has itself over its own line an equally satisfactory through
route between the termini of the through route established, that
railroad, or passenger stage corporation may require as its division
of the joint rate, fare, or charge its local rate, fare, or charge
over the portion of its line comprised in the through route, and the
commission may, in its discretion, allow to that railroad or
passenger stage corporation, more than its local rate, fare, or
charge if the commission determines that it will be equitable so to
do. The commission may establish and fix through routes and joint
rates, fares, or charges over common carriers and stage or auto stage
lines which may not be otherwise subject to the provisions of this
part, and may fix the division of those joint rates, fares, or
charges.
(b) Subdivision (a) is not applicable to network railroad
transportation.
When complaint has been made to the commission concerning a
rate for a product or commodity furnished or service performed by a
public utility, and the commission has found, after investigation,
that the public utility has charged an unreasonable, excessive, or
discriminatory amount therefor in violation of any of the provisions
of this part, the commission may order that the public utility make
due reparation to the complainant therefor, with interest from the
date of collection if no discrimination will result from that
reparation. No order for the payment of reparation upon the ground of
unreasonableness shall be made by the commission when the rate in
question has, by formal finding, been declared by the commission to
be reasonable, and no assignment of a reparation claim shall be
recognized by the commission except assignments by operation of law
as in cases of death, lack of legal capacity to make decisions,
bankruptcy, receivership, or order of court.
If the public utility does not comply with the order for the
payment of reparation within the time specified in the order, suit
may be instituted in any court of competent jurisdiction to recover
the payment within one year from the date of the order, and not
after. All complaints for damages resulting from a violation of any
of the provisions of this part, except Sections 494 and 532, shall
either be filed with the commission, or where concurrent jurisdiction
of the cause of action is vested by the Constitution and laws of
this State in the courts, in any court of competent jurisdiction,
within two years from the time the cause of action accrues, and not
after.
All complaints for damages resulting from the violation of any
of the provisions of Sections 494 or 532 shall either be filed with
the commission, or, where concurrent jurisdiction of the cause of
action is vested in the courts of this state, in any court of
competent jurisdiction within three years from the time the cause of
action accrues, and not after. If claim for the asserted damages has
been presented in writing to the public utility concerned within the
period of three years, the period shall be extended to include six
months from the date notice in writing is given by the public utility
to the claimant of the disallowance of the claim, or of any part or
parts thereof specified in the notice.
Whenever the commission institutes an investigation of
unauthorized undercharge by any public utility, the institution of
the investigation by the commission shall toll the three-year period
specified in this section until the commission has rendered its
initial decision on the matter. The commission shall render its final
decision within two years of the date of the order instituting the
investigation.
All complaints for the collection of the lawful tariff charges
or any part thereof, of public utilities may be filed in any court
of competent jurisdiction within three years from the time the cause
of action accrues, and not after, but if a public utility presents
its claim or demand in writing to the person from whom the tariff
charges, or any part thereof, are alleged to be due within such
period of three years, that period shall be extended to include six
months from the date notice in writing is given to the public
utility, by such person, or refusal to pay the demand, or any part or
parts thereof specified in the notice of refusal.
If suit for the collection of the lawful tariff charges or any
portion thereof of a public utility is filed in any court in
accordance with the terms of this section, or if such collection is
made by the public utility without filing suit, the person against
whom such suit is filed or from whom such collection is made may,
within 90 days from the date of service of summons in the suit, or
the date of the collection, file with the commission, or with any
court of competent jurisdiction, a complaint for damages resulting
from the violation of any of the provisions of this part with respect
to the transaction to which the suit of the public utility relates,
or for which such collection has been made.
(a) (1) A highway carrier, as defined by subdivision (c), a
freight forwarder, a party representing a carrier or freight
forwarder, or an assignee of a carrier or freight forwarder shall
not, based on a filed tariff or a filed contract, collect or attempt
to collect any additional charge in excess of the charge originally
billed by the carrier or freight forwarder for transportation service
previously provided subject to the jurisdiction of the commission,
except where there are mistakes in billing that are acknowledged by
both parties or that are the result of intentional misrepresentation
by the shipper.
(2) Similarly, the person or entity against whom a claim has been
made under the circumstances described in paragraph (1) shall not be
liable for additional amounts based on a filed tariff or a filed
contract, except where there are mistakes in billing acknowledged by
both parties or that are the result of intentional misrepresentation
by the shipper.
(b) For the purposes of this section, the term "claimant" shall
mean the carrier or freight forwarder, or its assignee or
representative making a claim for the collection of rates and charges
in addition to those originally billed and collected for the
transportation.
(c) "Highway carrier" or "carrier" means every corporation or
person, their lessees, trustees, receivers or trustees appointed by
any court whatsoever, engaged in transportation of property for
compensation or hire as a business over any public highway in this
state by means of a motor vehicle, except that "highway carrier" does
not include:
(1) Any farmer resident of this state who occasionally transports
from the place of production to a warehouse, regular market, place of
storage, or place of shipment the farm products of neighboring
farmers in exchange for like services or for a cash consideration or
farm products for compensation.
(2) Persons or corporations hauling their own property.
(3) Any farmer operating a motor vehicle used exclusively in the
transportation of his or her livestock and agricultural commodities
or in the transportation of supplies to his or her farm.
(4) Any nonprofit agricultural cooperative association organized
and acting within the scope of its powers under Chapter 1 (commencing
with Section 54001) of Division 20 of the Agricultural Code to the
extent only that it is engaged in transporting its own property or
the property of its members.
(5) Any person exclusively transporting United States mail
pursuant to a contract with the United States government.
(6) Any integrated intermodal small package carrier which is
registered subject to Chapter 2.7 (commencing with Section 4120).
(7) Any household goods carrier, as defined in Section 5109.
(d) For purposes of this section, "mistakes in billing" include,
but are not limited to, matters such as clerical errors, billing for
transportation of a different commodity than the commodity actually
shipped, and billing for transportation of a smaller amount of the
commodity than the amount actually shipped.
(e) This section shall apply to all claims arising from
transportation performed (in whole or in part) before January 1,
1995, including all lawsuits or claims pending on the effective date
of this section.
(f) If any claim that qualifies under this section was settled by
mutual agreement of the parties to the claim, or resolved by a final
adjudication of a federal or state court, before the effective date
of this section, the settlement or adjudication shall be treated as
binding, enforceable, and not contrary to law, unless the settlement
was agreed to as a result of fraud or coercion.
(g) If the claimant has filed, on or before the effective date of
this section, a suit for the collection of additional freight
charges, the claimant shall notify the person, or entity, from whom
additional freight charges are sought of the provisions of this
section within 30 days of the effective date of this section.
(h) If, on or before the effective date of this section, the
claimant has demanded the payment of additional freight charges and
has not filed a suit for the collection of additional freight
charges, the claimant shall notify the person, or entity, from whom
additional freight charges are sought of the provisions of this
section within 30 days of the effective date of this section.
For the purpose of Sections 734 to 737, inclusive, the cause
of action shall accrue upon the delivery or tender of delivery of the
shipment or the performance of the service or the furnishing of the
commodity or product with respect to which complaint is filed or
claim made. The remedies in those sections shall be cumulative and in
addition to any other remedy or remedies in this part provided in
case of failure of a public utility to obey an order or decision of
the commission.
In establishing rates for a public utility operating any
portion of its line, plant, or system within a federally designated
nonattainment area, the commission shall determine which expenses
related to compliance with state and local air pollution control
requirements for using clean-burning fuels in that area are
reasonable and necessary and shall approve those expenses.
(a) As used in this section:
(1) "Baseline quantity" means a quantity of electricity or gas
allocated by the commission for residential customers based on from
50 to 60 percent of average residential consumption of these
commodities, except that, for residential gas customers and for
all-electric residential customers, the baseline quantity shall be
established at from 60 to 70 percent of average residential
consumption during the winter heating season. In establishing the
baseline quantities, the commission shall take into account climatic
and seasonal variations in consumption and the availability of gas
service. The commission shall review and revise baseline quantities
as average consumption patterns change in order to maintain these
ratios.
(2) "Residential customer" means those customers receiving
electrical or gas service pursuant to a domestic rate schedule and
excludes industrial, commercial, and every other category of
customer.
(b) The commission shall designate a baseline quantity of gas and
electricity which is necessary to supply a significant portion of the
reasonable energy needs of the average residential customer. In
estimating those quantities, the commission shall take into account
differentials in energy needs between customers whose residential
energy needs are currently supplied by electricity alone or by both
electricity and gas. The commission shall develop a separate baseline
quantity for all-electric residential customers. For these purposes,
"all-electric residential customers" are residential customers
having electrical service only or whose space heating is provided by
electricity, or both. The commission shall also take into account
differentials in energy use by climatic zone and season.
(c) (1) The commission shall establish a standard limited
allowance which shall be in addition to the baseline quantity of gas
and electricity for residential customers dependent on life-support
equipment, including, but not limited to, emphysema and pulmonary
patients. A residential customer dependent on life-support equipment
shall be allocated a higher energy allocation than the average
residential customer.
(2) "Life-support equipment" means that equipment which utilizes
mechanical or artificial means to sustain, restore, or supplant a
vital function, or mechanical equipment which is relied upon for
mobility both within and outside of buildings. "Life-support
equipment," as used in this subdivision, includes all of the
following: all types of respirators, iron lungs, hemodialysis
machines, suction machines, electric nerve stimulators, pressure pads
and pumps, aerosol tents, electrostatic and ultrasonic nebulizers,
compressors, IPPB machines, and motorized wheelchairs.
(3) The limited allowance specified in this subdivision shall also
be made available to paraplegic and quadriplegic persons in
consideration of the increased heating and cooling needs of those
persons.
(4) The limited allowance specified in this subdivision shall also
be made available to multiple sclerosis patients in consideration of
the increased heating and cooling needs of those persons.
(5) The limited allowance specified in this subdivision shall also
be made available to scleroderma patients in consideration of the
increased heating needs of those persons.
(6) The limited allowance specified in this subdivision shall also
be made available to persons who are being treated for a
life-threatening illness or have a compromised immune system, if a
licensed physician and surgeon or a person licensed pursuant to the
Osteopathic Initiative Act certifies in writing to the utility that
the additional heating or cooling allowance, or both, is medically
necessary to sustain the life of the person or prevent deterioration
of the person's medical condition.
(d) (1) The commission shall require that every electrical and gas
corporation file a schedule of rates and charges providing baseline
rates. The baseline rates shall apply to the first or lowest block of
an increasing block rate structure which shall be the baseline
quantity. In establishing these rates, the commission shall avoid
excessive rate increases for residential customers, and shall
establish an appropriate gradual differential between the rates for
the respective blocks of usage.
(2) In establishing residential electric and gas rates, including
baseline rates, the commission shall ensure that the rates are
sufficient to enable the electrical corporation or gas corporation to
recover a just and reasonable amount of revenue from residential
customers as a class, while observing the principle that electricity
and gas services are necessities, for which a low affordable rate is
desirable and while observing the principle that conservation is
desirable in order to maintain an affordable bill.
(3) At least until December 31, 2003, the commission shall require
that all charges for residential electric customers are volumetric,
and shall prohibit any electrical corporation from imposing any
charges on residential consumption that are independent of
consumption, unless those charges are in place prior to April 12,
2001.
(e) (1) Each electrical corporation and each gas corporation
shall, in a timeframe consistent with each electrical and gas
corporation's next general rate case, disclose on the billing
statement of a residential customer all of the following:
(A) Cost per kilowatthour or gas therm per tier.
(B) Allocation of kilowatthour or gas therm per tier.
(C) Visual representation of usage and cost per tier.
(D) Usage comparison with prior periods.
(E) Itemized cost components in the bill to identify state and
local taxes.
(F) Identification of delivery, generation, public purpose, and
other charges.
(G) Contact information for the commission's Consumer Affairs
Branch.
(2) An electrical corporation and a gas corporation shall make
available online to residential customers both of the following:
(A) Examples of how conservation measures, including changing
thermostat settings and turning off unused lights, could reduce
energy usage and costs.
(B) Examples of how energy-saving devices and weatherization
measures could reduce energy usage and costs.
(3) The commission may modify, adjust, or add to the requirements
of this subdivision as the individual circumstances of each
electrical corporation or gas corporation merits, or for master-meter
customers, as individual circumstances merit.
(4) The commission shall, as part of the general rate case of an
electrical corporation or gas corporation, assess opportunities to
improve the quality of information contained in the utility's
periodic billings.
(f) Wholesale electrical or gas purchases, and the rates charged
therefor, are exempt from this section.
(g) Nothing contained in this section shall be construed to
prohibit experimentation with alternative gas or electrical rate
schedules for the purpose of achieving energy conservation.
(a) The commission shall continue a program of assistance to
low-income electric and gas customers with annual household incomes
that are no greater than 200 percent of the federal poverty guideline
levels, the cost of which shall not be borne solely by any single
class of customer. For one-person households, program eligibility
shall be based on two-person household guideline levels. The program
shall be referred to as the California Alternate Rates for Energy or
CARE program. The commission shall ensure that the level of discount
for low-income electric and gas customers correctly reflects the
level of need.
(b) The commission shall establish rates for CARE program
participants, subject to both of the following:
(1) That the commission ensure that low-income ratepayers are not
jeopardized or overburdened by monthly energy expenditures, pursuant
to subdivision (b) of Section 382.
(2) That the level of the discount for low-income electricity and
gas ratepayers correctly reflects the level of need as determined by
the needs assessment conducted pursuant to subdivision (d) of Section
382.
(c) In establishing CARE discounts for an electrical corporation
with 100,000 or more customer accounts in California, the commission
shall ensure all of the following:
(1) The average effective CARE discount shall not be less than 30
percent or more than 35 percent of the revenues that would have been
produced for the same billed usage by non-CARE customers. The average
effective discount determined by the commission shall reflect any
charges not paid by CARE customers, including payments for the
California Solar Initiative, payments for the self-generation
incentive program made pursuant to Section 379.6, payment of the
separate rate component to fund the CARE program made pursuant to
subdivision (a) of Section 381, payments made to the Department of
Water Resources pursuant to Division 27 (commencing with Section
80000) of the Water Code, and any discount in a fixed charge. The
average effective CARE discount shall be calculated as a weighted
average of the CARE discounts provided to individual customers.
(2) If an electrical corporation provides an average effective
CARE discount in excess of the maximum percentage specified in
paragraph (1), the electrical corporation shall not reduce, on an
annual basis, the average effective CARE discount by more than a
reasonable percentage decrease below the discount in effect on
January 1, 2013, or that the electrical corporation had been
authorized to place in effect by that date.
(3) The entire discount shall be provided in the form of a
reduction in the overall bill for the eligible CARE customer.
(d) The commission shall work with electrical and gas corporations
to establish penetration goals. The commission shall authorize
recovery of all administrative costs associated with the
implementation of the CARE program that the commission determines to
be reasonable, through a balancing account mechanism. Administrative
costs shall include, but are not limited to, outreach, marketing,
regulatory compliance, certification and verification, billing,
measurement and evaluation, and capital improvements and upgrades to
communications and processing equipment.
(e) The commission shall examine methods to improve CARE
enrollment and participation. This examination shall include, but
need not be limited to, comparing information from CARE and the
Universal Lifeline Telephone Service (ULTS) to determine the most
effective means of utilizing that information to increase CARE
enrollment, automatic enrollment of ULTS customers who are eligible
for the CARE program, customer privacy issues, and alternative
mechanisms for outreach to potential enrollees. The commission shall
ensure that a customer consents prior to enrollment. The commission
shall consult with interested parties, including ULTS providers, to
develop the best methods of informing ULTS customers about other
available low-income programs, as well as the best mechanism for
telephone providers to recover reasonable costs incurred pursuant to
this section.
(f) (1) The commission shall improve the CARE application process
by cooperating with other entities and representatives of California
government, including the California Health and Human Services Agency
and the Secretary of California Health and Human Services, to ensure
that all gas and electric customers eligible for public assistance
programs in California that reside within the service territory of an
electrical corporation or gas corporation, are enrolled in the CARE
program. The commission may determine that gas and electric customers
are categorically eligible for CARE assistance if they are enrolled
in other public assistance programs with substantially the same
income eligibility requirements as the CARE program. To the extent
practicable, the commission shall develop a CARE application process
using the existing ULTS application process as a model. The
commission shall work with electrical and gas corporations and the
Low-Income Oversight Board established in Section 382.1 to meet the
low-income objectives in this section.
(2) The commission shall ensure that an electrical corporation or
gas corporation with a commission-approved program to provide
discounts based upon economic need in addition to the CARE program,
including a Family Electric Rate Assistance program, utilize a single
application form, to enable an applicant to alternatively apply for
any assistance program for which the applicant may be eligible. It is
the intent of the Legislature to allow applicants under one program,
that may not be eligible under that program, but that may be
eligible under an alternative assistance program based upon economic
need, to complete a single application for any commission-approved
assistance program offered by the public utility.
(g) It is the intent of the Legislature that the commission ensure
CARE program participants receive affordable electric and gas
service that does not impose an unfair economic burden on those
participants.
(h) The commission's program of assistance to low-income electric
and gas customers shall, as soon as practicable, include nonprofit
group living facilities specified by the commission, if the
commission finds that the residents in these facilities substantially
meet the commission's low-income eligibility requirements and there
is a feasible process for certifying that the assistance shall be
used for the direct benefit, such as improved quality of care or
improved food service, of the low-income residents in the facilities.
The commission shall authorize utilities to offer discounts to
eligible facilities licensed or permitted by appropriate state or
local agencies, and to facilities, including women's shelters,
hospices, and homeless shelters, that may not have a license or
permit but provide other proof satisfactory to the utility that they
are eligible to participate in the program.
(i) (1) In addition to existing assessments of eligibility, an
electrical corporation may require proof of income eligibility for
those CARE program participants whose electricity usage, in any
monthly or other billing period, exceeds 400 percent of baseline
usage. The authority of an electrical corporation to require proof of
income eligibility is not limited by the means by which the CARE
program participant enrolled in the program, including if the
participant was automatically enrolled in the CARE program because of
participation in a governmental assistance program. If a CARE
program participant's electricity usage exceeds 400 percent of
baseline usage, the electrical corporation may require the CARE
program participant to participate in the Energy Savings Assistance
Program (ESAP), which includes a residential energy assessment, in
order to provide the CARE program participant with information and
assistance in reducing his or her energy usage. Continued
participation in the CARE program may be conditioned upon the CARE
program participant agreeing to participate in ESAP within 45 days of
notice being given by the electrical corporation pursuant to this
paragraph. The electrical corporation may require the CARE program
participant to notify the utility of whether the residence is rented,
and if so, a means by which to contact the landlord, and the
electrical corporation may share any evaluation and recommendation
relative to the residential structure that is made as part of an
energy assessment, with the landlord of the CARE program participant.
Requirements imposed pursuant to this paragraph shall be consistent
with procedures adopted by the commission.
(2) If a CARE program participant's electricity usage exceeds 600
percent of baseline usage, the electrical corporation shall require
the CARE program participant to participate in ESAP, which includes a
residential energy assessment, in order to provide the CARE program
participant with information and assistance in reducing his or her
energy usage. Continued participation in the CARE program shall be
conditioned upon the CARE program participant agreeing to participate
in ESAP within 45 days of a notice made by the electrical
corporation pursuant to this paragraph. The electrical corporation
may require the CARE program participant to notify the utility of
whether the residence is rented, and if so, a means by which to
contact the landlord, and the electrical corporation may share any
evaluation and recommendation relative to the residential structure
that is made as part of an energy assessment, with the landlord of
the CARE program participant. Following the completion of the energy
assessment, if the CARE program participant's electricity usage
continues to exceed 600 percent of baseline usage, the electrical
corporation may remove the CARE program participant from the program
if the removal is consistent with procedures adopted by the
commission. Nothing in this paragraph shall prevent a CARE program
participant with electricity usage exceeding 600 percent of baseline
usage from participating in an appeals process with the electrical
corporation to determine whether the participant's usage levels are
legitimate.
(3) A CARE program participant in a rental residence shall not be
removed from the program in situations where the landlord is
nonresponsive when contacted by the electrical corporation or does
not provide for ESAP participation.
(a) The commission's program of assistance to low-income
electric and gas customers shall also include the following
facilities, provided the commission finds that the occupants of the
facilities substantially meet the commission's low-income eligibility
requirements and there is a feasible process for certifying that the
assistance shall be used for the direct benefit of the occupants of
the facilities:
(1) Migrant farmworker housing centers provided pursuant to
Section 50710 of the Health and Safety Code.
(2) Employee housing, as defined in Section 17008 of the Health
and Safety Code, that is licensed and inspected by state or local
agencies pursuant to Part 1 (commencing with Section 17000) of
Division 13 of the Health and Safety Code.
(3) Housing for agricultural employees, as defined in subdivision
(b) of Section 1140.4 of the Labor Code, that has received an
exemption from local property taxes pursuant to subdivision (g) of
Section 214 of the Revenue and Taxation Code.
(b) The assistance provided pursuant to subdivision (a) shall only
apply to gas and electricity, or both, used for the housing occupied
by the workers and employees specified in subdivision (a).
(a) Subject to direction and supervision by the commission,
each electrical corporation and gas corporation shall develop and
implement a program of rate assistance to eligible food banks at a
fixed percentage to be determined by the commission. The commission
may adjust the fixed percentage as appropriate. The funding source
for the rate assistance program is subject to the approval of the
commission.
(b) The Legislature encourages the governing board of each local
publicly owned electric utility to develop and implement a program of
rate assistance to eligible food banks at a fixed percentage, to be
determined by the governing board, but consistent with that fixed by
the commission for electrical corporations.
(c) For purposes of this section, the following terms have the
following meanings:
(1) "Eligible food bank" means a qualified eligible recipient
agency that has executed an agreement with the State Department of
Social Services in order to participate in The Emergency Food
Assistance Program administered by the Food and Nutrition Service of
the United States Department of Agriculture.
(2) "Eligible recipient agency" has the same meaning as defined in
Section 251.3(d) of Title 7 of the Code of Federal Regulations.
(3) "Agreement" means an agreement executed in compliance with
Section 251.2 of Title 7 of the Code of Federal Regulations.
(a) Any natural gas customer who enrolls in the CARE program
after the effective date of this section, but before October 1,
2001, shall receive the same one-time bill credit based on the amount
of each gas corporation's average CARE customer discount applied for
each month in October 2000 to March 2001, inclusive. The credit does
not apply to a customer who initiates service with a gas corporation
after the effective date of this section, and who has no prior
history of service with the gas corporation. CARE program funds shall
be used for the purpose of providing these credits. The commission
shall adjust CARE program income requirements annually to reflect the
increased cost-of-living due to inflation.
(b) The commission shall require all electrical and gas utilities
through which CARE program rates are available to do all of the
following, in multilingual formats to the extent printed and recorded
information is provided, to facilitate better penetration rates for
the CARE program and to protect low-income and senior households from
unwarranted disconnection of necessary electric and gas services:
(1) Provide an outgoing message on all calls, where the customer
is seeking to establish service or is put on hold, to customer
service lines that briefly describes the CARE program in standard
language approved by the commission, and that provides a toll-free
phone number for customers to call to subscribe to the program or for
further information.
(2) Provide information to customers about the CARE program and
facilitate subscription to CARE, on all calls in which customers are
making payment arrangements, on all collections calls, and on all
calls for reconnection of service.
(3) (A) Provide information about the CARE program and other
assistance programs, and attempt to qualify customers for CARE, and
provide information about individual payment arrangements that allow
customers to pay the amounts due over a reasonable period of time,
not to exceed 12 months, and attempt to enroll customers in a payment
arrangement program, before effecting any disconnection of service
for nonpayment or inability to pay energy bills in full.
(B) (i) Offer individual payment arrangements to customers so that
the customer is able to pay amounts due over a reasonable period of
time, not to exceed 12 months.
(ii) Prohibit the disconnection of customers that have made, and
are in compliance with, payment arrangements offered by an electric
or gas utility pursuant to this subparagraph.
(C) Prohibit the disconnection of a delinquent residential
customer for amounts due in which the electric or gas utility
receives a commitment pledge, letter of intent, purchase order, or
other notification that a provider of energy assistance is forwarding
payment sufficient to prevent disconnection.
(D) (i) Advise residential customers facing disconnection or who
contact the utility to make payment arrangements of the levelizing
payment program that allows them to pay a monthly average bill based
on 12 months usage.
(ii) Advise residential customers about enrollment in the
levelizing payment program in conjunction with completion of payment
arrangements, payment under terms of subparagraph (B), or at the
customer's request absent those arrangements.
(E) Nothing in this paragraph is intended to reduce the revenues
of any utility extending payment arrangements subject to the terms of
the paragraph.
(4) Provide information on customer bills, presented in a
conspicuous manner on a front facing page, that indicates that a
customer may be eligible for the CARE program. This notice shall be
provided quarterly on customer bills.
(c) The commission shall conduct targeted outreach about the
program using census block data to effectively target low-income and
senior households throughout the state.
(d) CARE program funds shall be used for the purposes of paragraph
(3) of subdivision (b) and outreach pursuant to subdivision (c). The
commission's costs for outreach pursuant to subdivision (c) may not
exceed five hundred thousand dollars ($500,000) above the amount that
the commission currently expends on similar activities related to
the CARE program. Energy corporations may recover all reasonable
costs from the CARE program funds of implementing this section.
(a) The commission shall require that, whenever gas or
electric service, or both, is provided by a master-meter customer to
users who are tenants of a mobilehome park, apartment building, or
similar residential complex, the master-meter customer shall charge
each user of the service at the same rate that would be applicable if
the user were receiving gas or electricity, or both, directly from
the gas or electrical corporation. The commission shall require the
corporation furnishing service to the master-meter customer to
establish uniform rates for master-meter service at a level that will
provide a sufficient differential to cover the reasonable average
costs to master-meter customers of providing submeter service, except
that these costs shall not exceed the average cost that the
corporation would have incurred in providing comparable services
directly to the users of the service.
(b) Every master-meter customer of a gas or electrical corporation
subject to subdivision (a) who, on or after January 1, 1978,
receives any rebate from the corporation shall distribute to, or
credit to the account of, each current user served by the
master-meter customer that portion of the rebate which the amount of
gas or electricity, or both, consumed by the user during the last
billing period bears to the total amount furnished by the corporation
to the master-meter customer during that period.
(c) An electrical or gas corporation furnishing service to a
master-meter customer shall furnish to each user of the service
within a submetered system every public safety customer service which
it provides beyond the meter to its other residential customers. The
corporation shall furnish a list of those services to the
master-meter customer who shall post the list in a conspicuous place
accessible to all users. Every corporation shall provide these public
safety customer services to each user of electrical or gas service
under a submetered system without additional charge unless the
corporation has included the average cost of these services in the
rate differential provided to the master-meter customer on January 1,
1984, in which case the commission shall deduct the average cost of
providing these public safety customer services when approving rate
differentials for master-meter customers.
(d) Every master-meter customer is responsible for maintenance and
repair of its submeter facilities beyond the master-meter, and
nothing in this section requires an electrical or gas corporation to
make repairs to or perform maintenance on the submeter system.
(e) Every master-meter customer shall provide an itemized billing
of charges for electricity or gas, or both, to each individual user
generally in accordance with the form and content of bills of the
corporation to its residential customers, including, but not limited
to, the opening and closing readings for the meter, and the
identification of all rates and quantities attributable to each block
in the applicable rate structure. The master-meter customer shall
also post, in a conspicuous place, the applicable specific current
residential gas or electrical rate schedule, as published by the
corporation, or the corporation's Internet Web site address of the
specific current residential gas or electrical rate schedule. If the
master-meter customer elects to post the Internet Web site address
where the schedule may be accessed, the master-meter customer shall
also: (1) provide a copy of the specific current residential gas or
electrical rate schedule, upon request, at no cost; and (2) state in
the posting that an individual user may request a copy of the rate
schedule from the master-meter customer.
(f) The commission shall require that every electrical and gas
corporation shall notify each master-meter customer of its
responsibilities to its users under this section.
(g) The commission shall accept and respond to complaints
concerning the requirements of this section through the consumer
affairs branch, in addition to any other staff that the commission
deems necessary to assist the complainant. In responding to the
complaint, the commission shall consider the role that the office of
the county sealer in the complainant's county of residence may have
in helping to resolve the complaint and, where appropriate,
coordinate with that office.
(h) Notwithstanding any other provision of law or decision of the
commission, the commission shall not deny eligibility for the
California Alternative Rates for Energy (CARE) program, created
pursuant to Section 739.1, for a residential user of gas or electric
service who is a submetered resident or tenant served by a
master-meter customer on the basis that some residential units in the
master-meter customer's mobilehome park, apartment building, or
similar residential complex do not receive gas or electric service
through a submetered system.
(i) For purposes of this section, "rebate" does not include the
award of a monetary incentive under the California Solar Initiative
adopted by the Public Utilities Commission in Decision 05-12-044 and
Decision 06-01-024, as modified by Article 1 (commencing with Section
2851) of Chapter 9 of Part 2, for a solar energy system that
provides electrical generation to a mobilehome park.
The commission shall establish rates using cost allocation
principles that fairly and reasonably assign to different customer
classes the costs of providing service to those customer classes,
consistent with the policies of affordability and conservation. The
cost allocation methodology adopted for gas corporations by the
commission in Decisions 86-12-009 and 86-12-010, as supplemented by
Decisions 87-05-046 and 87-12-039, is consistent with this policy,
and shall be retained by the commission at least until December 31,
1990, except that the commission may modify this cost allocation
methodology to address customer hardships and inequities if
residential customers as a class are not, on balance, adversely
affected and the purpose of the modification is not solely protection
of gas corporation revenues. If any gas corporation files a cost
allocation application seeking to change that methodology after May
1, 1990, the commission may not issue an order on that application
until January 1, 1991.
In establishing residential rates, the commission shall
retain an appropriate inverted rate structure. If the commission
increases baseline rates pursuant to Section 739, revenues resulting
from those increases shall be used exclusively to reduce nonbaseline
residential rates.
(a) Access to an adequate supply of healthful water is a
basic necessity of human life, and shall be made available to all
residents of California at an affordable cost.
(b) The commission shall consider and may implement programs to
provide rate relief for low-income ratepayers.
(c) The commission shall consider and may implement programs to
assist low-income ratepayers in order to provide appropriate
incentives and capabilities to achieve water conservation goals.
(d) In establishing the feasibility of rate relief and
conservation incentives for low-income ratepayers, the commission may
take into account variations in water needs caused by geography,
climate and the ability of communities to support these programs.
(a) "Fixed charge" means any fixed customer charge, basic
service fee, demand differentiated basic service fee, demand charge,
or other charge not based upon the volume of electricity consumed.
(b) Increases to electrical rates and charges in rate design
proceedings, including any reduction in the California Alternate
Rates for Energy (CARE) discount, shall be reasonable and subject to
a reasonable phase-in schedule relative to the rates and charges in
effect prior to January 1, 2014.
(c) Except as provided in subdivision (c) of Section 745, the
commission shall require each electrical corporation to offer default
rates to residential customers with at least two usage tiers. The
first tier shall include electricity usage of no less than the
baseline quantity established pursuant to paragraph (1) of
subdivision (d) of Section 739.
(d) Consistent with the requirements of Section 739, the
commission may modify the seasonal definitions and applicable
percentage of average consumption for one or more climatic zones.
(e) The commission may adopt new, or expand existing, fixed
charges for the purpose of collecting a reasonable portion of the
fixed costs of providing electric service to residential customers.
The commission shall ensure that any approved charges do all of the
following:
(1) Reasonably reflect an appropriate portion of the different
costs of serving small and large customers.
(2) Not unreasonably impair incentives for conservation and energy
efficiency.
(3) Not overburden low-income customers.
(f) For the purposes of this section and Section 739.1, the
commission may, beginning January 1, 2015, authorize fixed charges
that do not exceed ten dollars ($10) per residential customer account
per month for customers not enrolled in the CARE program and five
dollars ($5) per residential customer account per month for customers
enrolled in the CARE program. Beginning January 1, 2016, the maximum
allowable fixed charge may be adjusted by no more than the annual
percentage increase in the Consumer Price Index for the prior
calendar year. This subdivision applies to any default rate schedule,
at least one optional tiered rate schedule, and at least one
optional time variant rate schedule.
(g) This section does not require the commission to approve any
new or expanded fixed charge.
(h) The commission may consider whether minimum bills are
appropriate as a substitute for any fixed charges.
The commission shall ensure that errors in estimates of
demand elasticity or sales do not result in material over or
undercollections of the electrical corporations.
For purposes of setting the rates to be charged by every
electrical corporation, gas corporation, heat corporation or
telephone corporation for the services or commodities furnished by
it, the commission may allow the inclusion of expenses for research
and development.
The commission shall consider the following guidelines in
evaluating the research, development, and demonstration programs
proposed by electrical and gas corporations:
(a) Projects should offer a reasonable probability of providing
benefits to ratepayers.
(b) Expenditures on projects which have a low probability for
success should be minimized.
(c) Projects should be consistent with the corporation's resource
plan.
(d) Projects should not unnecessarily duplicate research
currently, previously, or imminently undertaken by other electrical
or gas corporations or research organizations.
(e) Each project should also support one or more of the following
objectives:
(1) Environmental improvement.
(2) Public and employee safety.
(3) Conservation by efficient resource use or by reducing or
shifting system load.
(4) Development of new resources and processes, particularly
renewable resources and processes which further supply technologies.
(5) Improve operating efficiency and reliability or otherwise
reduce operating costs.
The commission, in consultation with the Energy Commission,
State Air Resources Board, electrical corporations, and the motor
vehicle industry, shall evaluate policies to develop infrastructure
sufficient to overcome any barriers to the widespread deployment and
use of plug-in hybrid and electric vehicles. By July 1, 2011, the
commission shall adopt rules to address all of the following:
(a) The impacts upon electrical infrastructure, including
infrastructure upgrades necessary for widespread use of plug-in
hybrid and electric vehicles and the role and development of public
charging infrastructure.
(b) The impact of plug-in hybrid and electric vehicles on grid
stability and the integration of renewable energy resources.
(c) The technological advances that are needed to ensure the
widespread use of plug-in hybrid and electric vehicles and what role
the state should take to support the development of this technology.
(d) The existing code and permit requirements that will impact the
widespread use of plug-in hybrid and electric vehicles and any
recommended changes to existing legal impediments to the widespread
use of plug-in hybrid and electric vehicles.
(e) The role the state should take to ensure that technologies
employed in plug-in hybrid and electric vehicles work in a harmonious
manner and across service territories.
(f) The impact of widespread use of plug-in hybrid and electric
vehicles on achieving the state's goals pursuant to the California
Global Warming Solutions Act of 2006 and renewables portfolio
standard program and what steps should be taken to address possibly
shifting emissions reductions responsibilities from the
transportation sector to the electrical industry.
(a) The commission, in cooperation with the State Energy
Conservation and Development Commission, the State Air Resources
Board, air quality management districts and air pollution control
districts, regulated electrical and gas corporations, and the motor
vehicle industry, shall evaluate and implement policies to promote
the development of equipment and infrastructure needed to facilitate
the use of electric power and natural gas to fuel low-emission
vehicles. Policies to be considered shall include both of the
following:
(1) The sale-for-resale and the rate-basing of low-emission
vehicles and supporting equipment such as batteries for electric
vehicles and compressor stations for natural gas fueled vehicles.
(2) The development of statewide standards for electric vehicle
charger connections and compressed natural gas vehicle fueling
connections, including installation procedures and technical
assistance to installers.
(b) The commission shall hold public hearings as part of its
effort to evaluate and implement the new policies considered in
subdivision (a).
(c) The commission's policies authorizing utilities to develop
equipment or infrastructure needed for electric-powered and natural
gas-fueled low-emission vehicles shall ensure that the costs and
expenses of those programs are not passed through to electric or gas
ratepayers unless the commission finds and determines that those
programs are in the ratepayers' interest. The commission's policies
shall also ensure that utilities do not unfairly compete with
nonutility enterprises.
(a) The commission shall authorize public utilities to
engage in programs to encourage economic development.
(b) Reasonable expenses for economic development programs, as
specified in this section, shall be allowed, to the extent of
ratepayer benefit, when setting rates to be charged by public
utilities electing to initiate these programs.
(c) Economic development activities may include, but not be
limited to, the following:
(1) Community marketing and development.
(2) Technical assistance to support technology transfer.
(3) Market research.
(4) Site inventories.
(5) Industrial and commercial expansion and relocation assistance.
(6) Business retention and recruitment.
(7) Management assistance.
(d) This section shall not be interpreted to permit the funding of
economic development activities that benefit any affiliated
companies or parent holding companies beyond that which is authorized
by law as of January 1, 1992.
(e) (1) This section does not authorize the commission to
establish discriminatory rates for the purpose of attracting or
benefiting specific industries or business entities, except that
incentives may be provided for the benefit of industries or business
entities whose facilities are located within the boundaries of
enterprise zones, economic incentive areas, recycling market
development zones, or federal rural enterprise communities in
accordance with the provisions of Chapter 12.8 (commencing with
Section 7070) and Article 1 (commencing with Section 7080) of Chapter
12.9 of Division 7 of Title 1 of the Government Code, and Article 2
(commencing with Section 42145) of Chapter 3 of Part 3 of the Public
Resources Code.
(2) The commission may apply the incentives authorized by this
subdivision that benefit industries or business entities whose
facilities are located within the boundaries of economic enterprise
zones or incentive areas to attract a federal Department of Defense
Finance and Accounting Service Center at the existing site of Norton
Air Force Base in San Bernardino County. This paragraph shall become
inoperative if the federal Department of Defense Finance and
Accounting Service Center is not located upon the premises known as
Norton Air Force Base in San Bernardino County and shall also become
inoperative on February 1, 1994, if that facility has not been
awarded to that site before that date.
(f) The commission may provide incentives pursuant to subdivision
(e) to industries or business entities whose facilities are located
within the boundaries of an enterprise zone that engage in activities
in connection with the conversion of Fort Ord to other uses.
(g) The commission may authorize rate discounts to industries or
business entities whose facilities are located or will be located
within the boundaries of enterprise zones, recycling market
development zones, or economic incentive areas pursuant to paragraph
(1) of subdivision (e). These discounts may be applied in either of
the following ways:
(1) Utilities may apply reduced monthly rates to qualifying
customers' monthly utility bills.
(2) Utilities may, at the election of qualifying customers, assign
the discounts to a private or public entity that returns
consideration of like value to those customers, provided the
customers agree to maintain their facilities in an enterprise zone, a
recycling market development zone, or an economic incentive area for
a minimum of five years from the date of commencement of the
discount.
(h) It is the intent of the Legislature that the Public Utilities
Commission, in implementing this chapter, shall allow rate recovery
of expenses and rate discounts supporting economic development
programs within the geographic area served by any public utility to
the extent the utility incurring or proposing to incur those expenses
and rate discounts demonstrates that the ratepayers of the public
utility will derive a benefit from those programs. Further, it is the
intent of the Legislature that expenses for economic development
programs incurred prior to the effective date of this chapter, which
have not been previously authorized to be recovered in rates, shall
not be subject to rate recovery.
(a) For purposes of this section, "21st Century Energy
System Decision" means commission Decision 12-12-031 (December 20,
2012), Decision Granting Authority to Enter Into a Research and
Development Agreement with Lawrence Livermore National Laboratory for
21st Century Energy Systems and for costs up to $152.19 million, or
any subsequent decision in Application 11-07-008 (July 18, 2011),
Application of Pacific Gas and Electric Company (U39M), San Diego Gas
and Electric Company (U902E), and Southern California Edison Company
(U338E) for Authority to Increase Electric Rates and Charges to
Recover Costs of Research and Development Agreement with Lawrence
Livermore National Laboratory for 21st Century Energy Systems.
(b) In implementing the 21st Century Energy System Decision, the
commission shall not authorize recovery from ratepayers of any
expense for research and development projects that are not for
purposes of cyber security and grid integration. Total funding for
research and development projects for purposes of cyber security and
grid integration pursuant to the 21st Century Energy System Decision
shall not exceed thirty-five million dollars ($35,000,000). All cyber
security and grid integration research and development projects
shall be concluded by the fifth anniversary of their start date.
(c) The commission shall not approve for recovery from ratepayers
those program management expenditures proposed, commencing with page
seven, in the joint advice letter filed by the state's three largest
electrical corporations, Advice 3379-G/4215-E (Pacific Gas and
Electric Company), Advice 2887-E (Southern California Edison
Company), and Advice 2473-E (San Diego Gas and Electric Company),
dated April 19, 2013. Project managers for the 21st Century Energy
System Decision shall be limited to three representatives, one
representative each from Pacific Gas and Electric Company, Southern
California Edison Company, and San Diego Gas and Electric Company.
(d) The commission shall require the Lawrence Livermore National
Laboratory, as a condition for entering into any contract pursuant to
the 21st Century Energy System Decision, and Pacific Gas and
Electric Company, Southern California Edison Company, and San Diego
Gas and Electric Company to ensure that research parameters reflect a
new contribution to cyber security and that there not be a
duplication of research being done by other private and governmental
entities.
(e) (1) The commission shall require each participating electrical
corporation to prepare and submit to the commission by December 1,
2013, a joint report on the scope of all proposed research projects,
how the proposed project may lead to technological advancement and
potential breakthroughs in cyber security and grid integration, and
the expected timelines for concluding the projects. The commission
shall, within 30 days of receiving the joint report, determine
whether the report is sufficient or requires revision and, upon
determining that the report is sufficient, submit the report to the
Legislature in compliance with Section 9795 of the Government Code.
(2) The commission shall require each participating electrical
corporation to prepare and submit to the commission, by 60 days
following the conclusion of all research and development projects, a
joint report summarizing the outcome of all funded projects,
including an accounting of expenditures by the project managers and
grant recipients on administrative and overhead costs and whether the
project resulted in any technological advancements or breakthroughs
in promoting cyber security and grid integration. The commission
shall, within 30 days of receiving the joint report, determine
whether the report is sufficient or requires revision and, upon
determining that the report is sufficient, submit the report to the
Legislature in compliance with Section 9795 of the Government Code.
(3) This subdivision shall become inoperative on January 1, 2023,
pursuant to Section 10231.5 of the Government Code.
(a) The commission may authorize investor-owned gas and
electric utilities to match grants provided to nonprofit agencies and
local governments to participate in the Department of Economic
Opportunity's pilot program to identify and counsel low-income
individuals and group facilities that are eligible to receive rate
discounts and weatherization benefits offered by those utilities. The
amount of utility matching funds for the pilot program shall be
limited to a statewide total of three hundred thousand dollars
($300,000). The commission shall require that utility expenditures
for those purposes be recoverable in rates.
(b) If federal funds become available for low-income energy
assistance or weatherization programs that may be secured with
matching funds from states or utilities, the commission may authorize
investor-owned gas and electric utilities to match those federal
funds, and shall require that utility expenditures for those purposes
be recoverable in rates.
Interruptible service or curtailment programs adopted by the
commission shall assure that the programs allow customers to
aggregate multiple accounts to meet any minimum kilowatt requirements
for participation in the program, subject to geographical, load, and
other parameters, as determined by the commission.
As used in Section 740.3 or 740.12, "interests" of
ratepayers, short- or long-term, mean direct benefits that are
specific to ratepayers, consistent with both of the following:
(a) Safer, more reliable, or less costly gas or electrical
service, consistent with Section 451, including electrical service
that is safer, more reliable, or less costly due to either improved
use of the electric system or improved integration of renewable
energy generation.
(b) Any one of the following:
(1) Improvement in energy efficiency of travel.
(2) Reduction of health and environmental impacts from air
pollution.
(3) Reduction of greenhouse gas emissions related to electricity
and natural gas production and use.
(4) Increased use of alternative fuels.
(5) Creating high-quality jobs or other economic benefits,
including in disadvantaged communities identified pursuant to Section
39711 of the Health and Safety Code.
(a) Any optional binding mandatory curtailment program
adopted by the commission that exempts customers from Stage 3
rotating outages in exchange for partial load curtailments during
every rotating outage period shall provide, for agricultural and
water supplier customers, the use of backup generation to offset the
curtailed load under the program, to the extent the use of backup
generation is allowed under existing law, including, but not limited
to, all relevant local air pollution control district and air quality
management district rules and regulations.
(b) As used in this section, "agricultural customers" means any
customer involved in the production of or processing of agricultural
products. "Water suppliers" means those water agencies or suppliers
as defined in Section 20200 of the Water Code and Section 241 of the
Public Utilities Code.
(a) Each public utility electrical corporation shall
develop and offer its customers, on or before May 30, 2001, the
opportunity to participate, in addition to other programs developed
by the commission, in a demand reduction program as described in this
section.
(b) The program required by this section shall identify specific
periods coincident with morning or evening system peak conditions
determined by the Independent System Operator within which the
customer agrees to drop a preset amount of load. This program shall
be known as the Scheduled Load Reduction Program. The commission
shall develop appropriate incentives for customers to participate in
the program.
In recognition of the fact that agricultural and water
supplier customers necessarily have high electricity usage during
peak summer demand periods, the Legislature strongly urges the
commission to consider providing the option to all agricultural
commodity processing customers to be included in the definition of
customers eligible to be served under agricultural tariffs,
consistent with its other constitutional and statutory objectives,
and to the extent it does not result in cost shifting to other
customer classes.
(a) (1) The Legislature finds and declares all of the
following:
(A) Advanced clean vehicles and fuels are needed to reduce
petroleum use, to meet air quality standards, to improve public
health, and to achieve greenhouse gas emissions reduction goals.
(B) Widespread transportation electrification is needed to achieve
the goals of the Charge Ahead California Initiative (Chapter 8.5
(commencing with Section 44258) of Part 5 of Division 26 of the
Health and Safety Code).
(C) Widespread transportation electrification requires increased
access for disadvantaged communities, low- and moderate-income
communities, and other consumers of zero-emission and
near-zero-emission vehicles, and increased use of those vehicles in
those communities and by other consumers to enhance air quality,
lower greenhouse gases emissions, and promote overall benefits to
those communities and other consumers.
(D) Reducing emissions of greenhouse gases to 40 percent below
1990 levels by 2030 and to 80 percent below 1990 levels by 2050 will
require widespread transportation electrification.
(E) Widespread transportation electrification requires electrical
corporations to increase access to the use of electricity as a
transportation fuel.
(F) Widespread transportation electrification should stimulate
innovation and competition, enable consumer options in charging
equipment and services, attract private capital investments, and
create high-quality jobs for Californians, where technologically
feasible.
(G) Deploying electric vehicles should assist in grid management,
integrating generation from eligible renewable energy resources, and
reducing fuel costs for vehicle drivers who charge in a manner
consistent with electrical grid conditions.
(H) Deploying electric vehicle charging infrastructure should
facilitate increased sales of electric vehicles by making charging
easily accessible and should provide the opportunity to access
electricity as a fuel that is cleaner and less costly than gasoline
or other fossil fuels in public and private locations.
(I) According to the State Alternative Fuels Plan analysis by the
Energy Commission and the State Air Resources Board, light-, medium-,
and heavy-duty vehicle electrification results in approximately 70
percent fewer greenhouse gases emitted, over 85 percent fewer
ozone-forming air pollutants emitted, and 100 percent fewer petroleum
used. These reductions will become larger as renewable generation
increases.
(2) It is the policy of the state and the intent of the
Legislature to encourage transportation electrification as a means to
achieve ambient air quality standards and the state's climate goals.
Agencies designing and implementing regulations, guidelines, plans,
and funding programs to reduce greenhouse gas emissions shall take
the findings described in paragraph (1) into account.
(b) The commission, in consultation with the State Air Resources
Board and the Energy Commission, shall direct electrical corporations
to file applications for programs and investments to accelerate
widespread transportation electrification to reduce dependence on
petroleum, meet air quality standards, achieve the goals set forth in
the Charge Ahead California Initiative (Chapter 8.5 (commencing with
Section 44258) of Part 5 of Division 26 of the Health and Safety
Code), and reduce emissions of greenhouse gases to 40 percent below
1990 levels by 2030 and to 80 percent below 1990 levels by 2050.
Programs proposed by electrical corporations shall seek to minimize
overall costs and maximize overall benefits. The commission shall
approve, or modify and approve, programs and investments in
transportation electrification, including those that deploy charging
infrastructure, via a reasonable cost recovery mechanism, if they are
consistent with this section, do not unfairly compete with
nonutility enterprises as required under Section 740.3, include
performance accountability measures, and are in the interests of
ratepayers as defined in Section 740.8.
(c) The commission shall review data concerning current and future
electric transportation adoption and charging infrastructure
utilization prior to authorizing an electrical corporation to collect
new program costs related to transportation electrification in
customer rates. If market barriers unrelated to the investment made
by an electric corporation prevent electric transportation from
adequately utilizing available charging infrastructure, the
commission shall not permit additional investments in transportation
electrification without a reasonable showing that the investments
would not result in long-term stranded costs recoverable from
ratepayers.
(d) This section applies to an application to the commission for
transportation electrification programs and investments if one of the
following conditions is met:
(1) The application is filed on or after January 1, 2016.
(2) The application is filed before January 1, 2016, but has an
evidentiary hearing scheduled on or after July 1, 2016.
(a) Every owner or operator of telephones available for public
use, other than a telephone corporation, that accept any form of
payment which, as part of the service furnished, provides
operator-assisted services by other than a telephone corporation
having tariff schedules on file with the commission providing for the
furnishing of operator-assisted services, shall cause to be posted
on or near the telephone equipment so as to be easily seen by
telephone customers all of the following information:
(1) The name of the provider of operator-assisted services and a
toll-free telephone number for contacting that provider.
(2) The applicable charges for each available operator-assisted
service.
(3) That the provider of operator-assisted services will respond
to inquiries concerning the terms and conditions of any available
service.
(4) That surcharges may apply to operator-assisted and calling
card calls.
(5) That card-activated calls, calls activated by any other
payment device, or calls that may be charged to a card by giving a
card number to an operator may cost more than coin-activated calls.
(6) The local rates for nonoperator-assisted calls.
(b) Every owner or operator of telephones available for public
use, other than a telephone corporation, that accept any form of
payment which, as part of the service furnished, provides
operator-assisted services by other than a telephone corporation
having tariff schedules on file with the commission providing for the
furnishing of operator-assisted services, shall:
(1) Identify itself, audibly and distinctly, to the consumer at
the beginning of each telephone call and before the consumer incurs
any charge for the call.
(2) Permit the consumer to terminate the telephone call before the
call is connected.
(3) At no charge, disclose to the consumer, immediately after the
number to be called is entered or given to an operator, a quotation
of its complete rates and charges for the call.
(c) This section shall become operative on January 1, 2015.
Every nonpublic utility provider of telephone services,
including, but not limited to, a hotel, motel, hospital, or
university, which imposes charges on users of the services and which,
as part of the service furnished, provides operator-assisted
services by other than a telephone corporation having tariff
schedules on file with the commission providing for the furnishing of
operator-assisted services shall cause to be posted on or near the
telephone equipment so as to be easily seen by users of the service
all of the following information:
(a) The name of the provider of operator-assisted services and a
toll-free telephone number for contacting that provider.
(b) The applicable charges for each available operator-assisted
service.
(c) That the provider of operator-assisted services will respond
to inquiries concerning the terms and conditions of any available
service.
(a) No nonpublic utility provider of telephone services,
including, but not limited to, a hotel, motel, hospital, university,
or similar place of temporary accommodation owning or operating
message switching or billing equipment solely for the purpose of
reselling services provided by a telephone corporation to its
patients or guests is required to file or maintain tariff schedules.
(b) No such nonpublic utility provider of telephone services which
provides service to hospital patients may charge more for any
nontoll telephone call than the maximum rate of charge authorized by
the commission for a nontoll call placed from a coin-activated
telephone owned or operated by other than a telephone corporation
plus twenty-five cents ($0.25).
(c) No such nonpublic utility provider of telephone services which
provides service to hospital patients may charge more for any toll
telephone call than the sum of all of the following:
(1) The applicable tariff rate or charge of the telephone
corporation whose service is resold for that telephone call.
(2) The surcharge or surcharges, if any, applicable to that call
if placed from a coin-activated telephone owned or operated by the
telephone corporation within whose service area the nonpublic utility
provider of telephone services is located, unless that surcharge is
included in the tariff rate or charge for that call.
(3) Twenty-five cents ($0.25).
(d) No such nonpublic utility provider of telephone services may
make any charge for any uncompleted telephone call unless notice
pursuant to subdivision (e) is provided specifying the circumstances
under which a charge will be made for an uncompleted call.
(e) Every nonpublic utility provider of telephone services shall
display or post on or near the telephone equipment so as to be easily
seen by telephone users a notice of all of the following:
(1) The charges applicable to all of the available telephone
services. These charges shall be separately stated, and shall
include, but not be limited to, the following information:
(A) Individual customer telephone service activation deposits or
fees, if any.
(B) Charges for use of telephone services, irrespective of whether
a call is completed.
(2) That these charges are consistent with this section, if
applicable.
(3) The telephone number of the Consumer Affairs Division of the
commission to which questions or complaints may be directed.
(f) Subdivision (e) does not require separate notices for multiple
or extension telephones having the same telephone extension number.
(g) This section does not require any such nonpublic utility
provider of telephone services to make any charge for the furnishing
of any telephone service, and this section does not apply to any such
provider that makes no charge for telephone services furnished. This
section does not constitute any such provider a telephone
corporation or otherwise subject it to regulation by the commission
as a public utility.
The commission shall, by rule or order, adopt and enforce
operating requirements applicable to operator-assisted telephone
services, whether furnished by a telephone corporation or other than
a telephone corporation, for nonpublic utility providers of telephone
services, including, but not limited to, hotels, motels, hospitals,
universities, and similar places of temporary accommodation owning or
operating message switching or billing equipment solely for the
purpose of reselling services provided by a telephone corporation to
its patients or guests. These operating requirements shall include,
but not be limited to, all of the following:
(a) That there be displayed or posted on or near the telephone
equipment so as to be easily seen by telephone users a notice stating
the identity of the nonpublic utility provider of the telephone
services; the method for obtaining the rates, terms, or conditions of
operator-assisted services; the operator-assisted services provider'
s procedures for handling complaints; the means by which the
telephone user may gain access to other providers of
operator-assisted services; and the means by which the telephone user
may gain access to the services of the telephone corporation
operating within the service area within which the telephone services
of the nonpublic utility provider are furnished. The notice shall
also provide the telephone number of the Consumer Affairs Division of
the commission to which questions or complaints may be directed.
(b) That, when contacted for service by the telephone user, the
operator-assisted services provider orally identify itself by name
prior to the connection of the telephone call or the commencement of
any charges.
(c) That the telephone equipment permit access by the telephone
user to any other provider of operator-assisted services generally
available in the service area.
(d) Any other operating requirement determined necessary and in
the public interest by the commission.
(a) The commission shall, by rule or order, adopt and enforce
operating requirements for telephones available for public use that
accept any form of payment and that are owned or operated by
corporations or persons other than telephone corporations. These
requirements shall include, but are not limited to, all of the
following:
(1) A requirement that the telephone corporation furnishing
service to the corporation or person owning or operating a telephone
that accepts any form of payment terminate service for any violation
of the commission's rules or orders or of this section, upon a
determination by the commission that the violation was a significant
or repeated violation. Any determination by the commission leading to
a termination of service shall be made in accordance with commission
rules or orders adopted pursuant to this subdivision.
(2) A requirement that every telephone permit a caller to be
connected with the operator personnel of any telephone corporation
authorized by the commission to operate within a service area by
dialing the numeral "0" and with the emergency services switchboard
reached by dialing the numerals "911" without insertion of any coin
or without any other form of payment.
(3) A requirement that every telephone contain instructions for
both local and long distance dialing, the name of the owner or
operator of the telephone, and the telephone number of that owner or
operator to which complaints can be made.
(4) A requirement that every telephone display its telephone
number or other identification number, as determined by the
commission, and the address at which the telephone is located, on the
telephone in a place where that information may be seen by a person
using the telephone.
(b) The commission shall require every telephone corporation that
publishes a directory of subscribers to include in that directory
information comprising the substance of this section and the rules
and orders of the commission adopted pursuant to this section.
(c) This section shall become operative on January 1, 2015.
(a) The commission shall, by rule or order, adopt and
enforce operating requirements for every corporation or person, other
than a telephone corporation, which, as part of the services
furnished, furnishes operator-assisted services by other than a
telephone corporation having tariff schedules on file with the
commission. These requirements shall include, but not be limited to,
a requirement that furnishing these operator-assisted services for
telephone calls within a service area is prohibited unless the
commission, after instituting a proceeding for the purpose, finds and
determines that to permit these operator-assisted services is in the
public interest.
(b) The commission shall require every telephone corporation which
publishes a directory of subscribers to include in that directory
information comprising the substance of this section and the rules
and orders of the commission adopted pursuant to this section.
The commission shall, by rule or order, adopt and enforce an
operating requirement for coin-activated and credit card-activated
telephones available for public use, whether owned by telephone
corporations or persons other than telephone corporations, which
requires that every telephone display a notice that surcharges may
apply to operator-assisted and calling card calls. The required
signage shall be phased in over a period of two years beginning on
January 1, 1993. A sticker with the necessary notification may be
used as an interim measure until January 1, 1995.
(a) No telephone corporation which operates within a service
area shall provide billing and collection services for either of the
following:
(1) Any telephone corporation which has not obtained a certificate
of public convenience and necessity but is required to do so.
(2) Any person or corporation providing billing and collection
services for any telephone corporation which has not obtained a
certificate of public convenience and necessity but is required to do
so.
(b) Subdivision (a) does not prohibit a telephone corporation
operating within a service area from providing billing and collection
services for a provider of enhanced service, as defined by Section
64.702 of Title 47 of the Code of Federal Regulations.
(c) No telephone corporation which provides billing and collection
services for any call placed by a subscriber of the telephone
corporation from a coin-activated telephone available for public use
owned or operated by other than a telephone corporation shall
transmit any charge which is in excess of the maximum tariff rate or
charge for that call placed from that telephone, as determined by the
commission. Any reasonable cost incurred by the telephone
corporation in verifying any such charge may be included in the fees
or charges for conducting the billing and collection services. The
commission shall adopt rules and procedures for the implementation of
this subdivision.
(a) As used in this section, "steel producer" means a producer
of steel products in California which in 1981 or any subsequent year
produced at least 75,000 tons of rolled or finished steel and which
has a maximum demand for electricity of 4,000 kilowatts or more at
one plant location. Any steel producer which transfers any
substantial amount of employment from its facilities in this state to
any out-of-state facility or otherwise substantially reduces
employment at its facilities in this state below the June 30, 1985,
level, or fails to maintain and make reasonable and prudent
investments in its facilities, as determined by the commission, is
ineligible for any electric rate established pursuant to this
section.
(b) As used in this section, "frozen food processor" means a
corporation or person engaged in the processing of food in
California, which food is classified according to the Standard
Industrial Classification Manual, 1972, in Industry No. 2037 and
Industry No. 2038 of Group 203, of Food and Kindred Products Major
Group 20, as specified in Section 2900.3 of Title 7 of the Code of
Federal Regulations. "Processing of food" includes the postprocessing
storage of frozen food in a warehouse, or other facility, until the
frozen food leaves the control or responsibility of the frozen food
processor or until the frozen food processor no longer has an
obligation to store the food.
(c) As used in this section, "system average rate" means total
jurisdictional revenues of the electrical corporation divided by
total jurisdictional sales.
(d) Every electrical corporation furnishing electricity to a steel
producer, frozen food processor, or other heavy-industry customer,
as determined and specified by the electrical corporation, shall
prepare and file tariffs providing rates which shall be lower than
the system average rate and take into consideration all of the
following:
(1) Specific service requirements of individual customers,
including, but not limited to, reliability, interruptability,
quantity of use, and requirements of voltage.
(2) Incentives to achieve conservation, improvements in
efficiency, and time-of-day load shifting.
(3) Implementation at the option of the customer.
(4) Cost of service.
(e) The commission shall consider and approve tariffs which shall
be consistent with this section and which shall be in effect on and
after July 1, 1992.
(f) The commission may approve contracts between an electrical
corporation and its heavy industrial customers as determined by the
electrical corporation, of not more than ten years' duration, in
which the electrical corporation buys from the heavy industrial
customer the right to interrupt the customer's service on short
notice, as determined by the commission. The payment mechanism may
include a discounted rate for service. In approving and determining
the reasonableness of these contracts, the commission may consider,
among other things, the price paid by the electrical corporation for
the right to interrupt, the value of that right to the utility system
and its ratepayers, and the benefits to the ratepayers and the
people of the state of retaining heavy industrial customers.
Throughout the term of any of these contracts, the commission shall
have the right to amend the contract. Every contract subject to this
subdivision shall include a provision indicating that the contract is
subject to amendment by the commission as provided in this
subdivision. This subdivision does not supersede the requirement of
subdivision (d) that the commission establish a heavy industrial
tariff.
(a) Beginning January 15, 2002, and at least once monthly
thereafter, an electrical corporation shall notify each air pollution
control district and air quality management district of the name and
address of each entity within the district's boundaries within the
electrical corporation's control or service area with whom the
electrical corporation enters into an interruptible service contract
or similar arrangement.
(b) For the purposes of this section, "interruptible service
contract or similar arrangement" means any arrangement in which a
nonresidential electrical customer agrees to reduce or consider
reducing its electrical consumption during periods of peak demand or
at the request of the Independent System Operator in exchange for
compensation, or for assurances not to be blacked out or other
similar nonmonetary assurances.
(c) The local air pollution control district or air quality
management district shall maintain in a confidential manner the
information received pursuant to this section. However, nothing in
this subdivision shall affect the applicability of Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code, or of any other similar open records statute or
ordinance, to information provided pursuant to this section.
(a) As used in this section, "agricultural producer" means any
person or corporation whose principal purpose is the agrarian
production of food or fiber.
(b) Every electrical corporation furnishing electricity to an
agricultural producer shall, in addition to its regular service,
prepare and file tariffs providing, where economically and
technologically feasible, for optional alternative interruptible
service to any agricultural producer upon reasonable notice to the
agricultural producer consistent with safety of operations by the
agricultural producer and providing for limits upon the frequency and
duration of interruption of service which the commission finds are
reasonable in relation to the needs of the electrical corporation for
reductions in load to meet system peak requirements and the burdens
imposed upon the agricultural producer of reducing its operations
during periods of interruption of electrical service. The commission
shall establish the rate for this service at an appropriate discount
from the system average rate, which shall be not less than the cost
of furnishing this service.
(c) Every electrical corporation furnishing electricity to an
agricultural producer shall, in addition to its regular service,
prepare and file tariffs providing for an optional off-peak demand
service, including the availability of time-differentiating meters or
other measurement devices, to any agricultural producer providing
for furnishing electricity to the agricultural producer during
periods of off-peak demand and which the commission finds are
reasonable in relation to the needs of the electrical corporation for
reduction in demand to meet system peak requirements and the burdens
imposed upon the agricultural producer of scheduling its operations
to coincide with the periods of off-peak demand. The off-peak demand
service tariff shall be composed of a two-part time differentiated
schedule consisting of on- and off-peak rates. The commission shall
establish the rate for this service at an appropriate discount from
the system average rate, which shall be not less than the cost of
furnishing this service.
(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.
(a) For purposes of this section, "time-variant pricing"
includes time-of-use rates, critical peak pricing, and real-time
pricing, but does not include programs that provide customers with
discounts from standard tariff rates as an incentive to reduce
consumption at certain times, including peak time rebates.
(b) The commission may authorize an electrical corporation to
offer residential customers the option of receiving service pursuant
to time-variant pricing and to participate in other demand response
programs. The commission shall not establish a mandatory or default
time-variant pricing tariff for any residential customer except as
authorized in subdivision (c).
(c) Beginning January 1, 2018, and subject to the commission
making the findings required by subdivision (d), the commission may
require or authorize an electrical corporation to employ default
time-of-use rates for residential customers subject to all of the
following:
(1) Residential customers receiving a medical baseline allowance
pursuant to subdivision (c) of Section 739, customers requesting
third-party notification pursuant to subdivision (c) of Section
779.1, customers who the commission has ordered cannot be
disconnected from service without an in-person visit from a utility
representative (Decision 12-03-054 (March 22, 2012), Decision on
Phase II Issues: Adoption of Practices to Reduce the Number of Gas
and Electric Service Disconnections, Order 2 (b) at page 55), and
other customers designated by the commission in its discretion shall
not be subject to default time-of-use rates without their affirmative
consent.
(2) The commission shall ensure that any time-of-use rate schedule
does not cause unreasonable hardship for senior citizens or
economically vulnerable customers in hot climate zones.
(3) The commission shall strive for time-of-use rate schedules
that utilize time periods that are appropriate for at least the
following five years.
(4) A residential customer shall not be subject to a default
time-of-use rate schedule unless that residential customer has been
provided with not less than one year of interval usage data from an
advanced meter and associated customer education and, following the
passage of this period, is provided with no less than one year of
bill protection during which the total amount paid by the residential
customer for electric service shall not exceed the amount that would
have been payable by the residential customer under that customer's
previous rate schedule.
(5) Each electrical corporation shall provide each residential
customer, not less than once per year, using a reasonable delivery
method of the customer's choosing, a summary of available tariff
options with a calculation of expected annual bill impacts under each
available tariff. The summary shall not be provided to customers who
notify the utility that they choose not to receive the summary. The
reasonable costs of providing this service shall be recovered in
rates.
(6) Residential customers have the option to not receive service
pursuant to a time-of-use rate schedule and incur no additional
charges as a result of the exercise of that option. Prohibited
charges include, but are not limited to, administrative fees for
switching away from time-of-use rates, hedging premiums that exceed
any actual costs of hedging, and more than a proportional share of
any discounts or other incentives paid to customers to increase
participation in time-of-use rates. This prohibition on additional
charges is not intended to ensure that a customer will necessarily
experience a lower total bill as a result of the exercise of the
option to not receive service pursuant to a time-of-use rate
schedule.
(d) The commission shall not require or authorize an electrical
corporation to employ default time-of-use rates for residential
customers unless it has first explicitly considered evidence
addressing the extent to which hardship will be caused on either of
the following:
(1) Customers located in hot, inland areas, assuming no changes in
overall usage by those customers during peak periods.
(2) Residential customers living in areas with hot summer weather,
as a result of seasonal bill volatility, assuming no change in
summertime usage or in usage during peak periods.
The commission shall determine the appropriate ratemaking
treatment for incentive compensation paid to officers or employees of
an electrical corporation or gas corporation for incentive
compensation that is linked to the stock price or financial
performance of the electrical corporation or gas corporation.
It is the intent of the Legislature that the commission reduce
rates for electricity and natural gas to the lowest amount possible.
The commission shall review its policies concerning pricing
of utility service and shall assess whether the pricing policies
promote the pursuit of energy efficiency by customers, and shall
report its assessment to the Legislature as soon as practicable.
(a) Except as provided in subdivision (c), the commission
shall require revenues, including any accrued interest, received by
an electrical corporation as a result of the direct allocation of
greenhouse gas allowances to electric utilities pursuant to
subdivision (b) of Section 95890 of Title 17 of the California Code
of Regulations to be credited directly to the residential, small
business, and emissions-intensive trade-exposed retail customers of
the electrical corporation.
(b) Not later than January 1, 2013, the commission shall require
the adoption and implementation of a customer outreach plan for each
electrical corporation, including, but not limited to, such measures
as notices in bills and through media outlets, for purposes of
obtaining the maximum feasible public awareness of the crediting of
greenhouse gas allowance revenues. Costs associated with the
implementation of this plan are subject to recovery in rates pursuant
to Section 454.
(c) The commission may allocate up to 15 percent of the revenues,
including any accrued interest, received by an electrical corporation
as a result of the direct allocation of greenhouse gas allowances to
electrical distribution utilities pursuant to subdivision (b) of
Section 95890 of Title 17 of the California Code of Regulations, for
clean energy and energy efficiency projects established pursuant to
statute that are administered by the electrical corporation, or a
qualified third-party administrator as approved by the commission,
and that are not otherwise funded by another funding source.
Public utilities shall develop programs in cooperation with
local school districts in reducing their electricity and gas bills
through conservation and improvements in efficiency. Utilities may
offer to school districts on a priority basis, and school districts
may utilize, any programs or incentives for commercial customers
developed by the utility and approved by the commission, including
rebates, loan programs and incentives for the installation of
efficient lighting, heating, or cooling systems.
The commission shall develop formal procedures to consider
safety in a rate case application by an electrical corporation or gas
corporation. The procedures shall include a means by which safety
information acquired by the commission through monitoring, data
tracking and analysis, accident investigations, and audits of an
applicant's safety programs may inform the commission's consideration
of the application.
(a) It is the intent of the Legislature that:
(1) An electrical, gas, or water corporation that offers customers
credit card or debit card payment options, may recover the
reasonable expenses incurred by the electrical, gas, or water
corporation for providing the customers the option of paying their
bills by credit card or debit card.
(2) Only the customers that choose to use these payment options
incur the additional charge and that no portion of the expense is
shifted to customers that do not choose to pay a bill by credit card
or debit card, unless and until the commission determines that the
savings to ratepayers exceeds the net cost of accepting those cards.
(3) The acceptance of credit cards or debit cards neither
increases nor decreases the profitability of the electrical, gas, or
water corporation.
(b) An electrical, gas, or water corporation may offer credit card
and debit card bill payment options, if approved by the commission.
The electrical, gas, or water corporation may recover reasonable
transaction costs incurred by the electrical, gas, or water
corporation only from those customers that choose to pay by those
payment options.
(c) The commission shall determine through existing regulatory
mechanisms the reasonableness of transaction costs charged to
customers that choose to pay an electrical, gas, or water corporation
by a credit card or debit card bill payment option pursuant to this
section. The commission shall determine how any associated costs or
potential savings as a result of those customers paying by the credit
card or debit card payment option shall be passed on to electrical,
gas, or water corporation customers. In determining how these savings
or costs are passed on to customers, the commission shall do the
following:
(1) The transaction costs that are passed on to customers pursuant
to subdivision (b) shall be offset by any savings in transaction
costs the electrical, gas, or water corporation derives as a result
of those customers paying by credit card and debit card.
(2) If the commission determines that the use of credit cards and
debit cards results in no net cost to the electrical, gas, or water
corporation, there shall be no individual customer transaction fee as
provided for in subdivision (b).
(3) If the commission determines that the savings to the
electrical, gas, or water corporation exceeds the costs to the
electrical, gas, or water corporation, the net savings shall be
passed on to electrical, gas, or water corporation customers.
(a) The commission shall allow an electrical corporation to
recover in rates amounts assessed to the utility pursuant to Section
8610.5 of the Government Code.
(b) The commission shall ensure that any moneys refunded to an
electrical corporation from the Nuclear Planning Assessment Special
Account pursuant to subdivision (h) of Section 8610.5 of the
Government Code are credited to ratepayers.