Bill Text: CA SB57 | 2023-2024 | Regular Session | Amended
Bill Title: Utilities: disconnection of residential service.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2024-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB57 Detail]
Download: California-2023-SB57-Amended.html
|
Amended
IN
Senate
March 15, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 57
| Introduced by Senator Gonzalez |
December 16, 2022 |
An act to add Chapter 9 (commencing with Section 8450) to Division 4.1 of the Public Utilities Code, relating to utilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 57, as amended, Gonzalez.
Utilities: extreme weather events. disconnection of residential service.
Existing law vests the Public Utilities Commission (PUC) with regulatory authority over public utilities, including electrical corporations, gas corporations, and water corporations, while local publicly owned electric utilities, as defined, utilities are under the direction of their governing boards. Existing law prohibits an electrical corporation, gas corporation, or water corporation from terminating a customer’s
residential service for nonpayment of a delinquent account in certain circumstances, including, among other circumstances, unless the corporation first gives notice to the customer of the delinquency and impending termination, during the pendency of an investigation by the corporation of the customer’s dispute or complaint, or
when the customer has been granted an extension of the period for payment of a bill. Existing law prohibits a public water system that supplies water to more than 200 service connections from discontinuing a customer’s residential service for nonpayment until a payment by the customer has been delinquent for at least 60 days.
This
bill would state the intent of the Legislature to enact future legislation to prohibit shutting off utility service during extreme weather events.
This bill would require an electrical corporation, local publicly owned electric utility, gas corporation, local publicly owned gas utility, water corporation, or local agency that owns a public water system to postpone the disconnection of a customer’s residential service for nonpayment of a delinquent account when the temperature will be 32 degrees Fahrenheit or cooler, or 95 degrees Fahrenheit or warmer, within the utility’s service area during the 24 hours after that service disconnection would occur, as specified. The bill would require each of those utilities to notify its residential ratepayers of that requirement and to create an online reporting system available through its internet website, if it has one, that
enables its residential ratepayers to report when their utility service has been disconnected in violation of that requirement, as specified. The bill would require the PUC to establish a citation program to impose a penalty on an electrical corporation or gas corporation that violates that requirement, and require each local publicly owned electric utility and local publicly owned gas utility to annually report to the State Energy Resources Conservation and Development Commission the number of residential service connections it disconnected for nonpayment of a delinquent account. The bill would authorize the State Water Resources Control Board to enforce the requirement that a water corporation and local agency that owns a public water system postpone a disconnection of a customer’s residential service, as specified.
Under existing law, a violation of any order,
decision, rule, direction, demand, or requirement of the PUC is a crime.
Because a violation of a PUC action implementing this bill’s requirements would be a crime, the bill would impose a state-mandated local program.
In addition, to the extent the bill would impose new requirements on local publicly owned utilities or local agencies that own public water systems, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for specified reasons.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 9 (commencing with Section 8450) is added to Division 4.1 of the Public Utilities Code, to read:CHAPTER 9. Utility Service Disconnections
8450.
For purposes of this chapter, the following definitions apply:(a) “Electrical corporation” has the same meaning as defined in Section 218.
(b) “Gas corporation” has the same meaning as defined in Section 222.
(c) “Local publicly owned electric utility” has the same meaning as defined in Section 224.3.
(d) “Public water system” has the same meaning as defined in Section 116275 of the Health and Safety Code.
(e) “Residential service” means water, electrical, or natural gas service to a residential connection
with a single-family residence, multifamily residence, mobilehome, including, but not limited to, a mobilehome in a mobilehome park, or farmworker housing.
(f) “Utility” means an electrical corporation, local publicly owned electric utility, gas corporation, local publicly owned gas utility, water corporation, or local agency that owns a public water system.
(g) “Water corporation” has the same meaning as defined in Section 241.
8451.
(a) A utility shall postpone the disconnection of a customer’s residential service for nonpayment of a delinquent account when the National Weather Service’s local forecast predicts that the temperature will be 32 degrees Fahrenheit or cooler, or 95 degrees Fahrenheit or warmer, within the utility’s service area during the 24 hours after that service disconnection would occur.(b) This section does not prohibit a utility from postponing a disconnection of residential service when temperatures are warmer than 32 degrees Fahrenheit or cooler than 95 degrees Fahrenheit.
8452.
(a) Each utility shall notify its residential ratepayers of the requirement described in subdivision (a) of Section 8451 by doing all of the following:(1) Posting the requirement in a publicly available location on its internet website, if it has an internet website.
(2) Providing the requirement, in writing, to its residential ratepayers at least twice per year, including before the onset of the summer and winter seasons.
(3) Including the requirement on each residential ratepayer’s utility bill until January 1, 2025.
(4) Including the requirement
on each new residential ratepayer’s first utility bill.
(b) All written notices required pursuant to subdivision (a) shall be provided in English, the languages listed in Section 1632 of the Civil Code, and any other language spoken by 10 percent or more of the ratepayers in the utility’s service area.
(c) Each utility that has an internet website shall create an online reporting system available through its internet website that enables its residential ratepayers to report when their utility service has been disconnected in violation of subdivision (a) of Section 8451. The utility shall promptly respond to reports filed through its online reporting system and shall disclose any violation to the commission, Energy Commission, or State Water Resources Control Board, as applicable pursuant to Section 8453, 8454, or 8455.
8453.
(a) The commission, through a resolution, shall establish a citation program to impose a penalty on an electrical corporation or gas corporation that violates Section 8451.(b) The commission may bring an action in state court to restrain, by temporary or permanent injunction, an electrical corporation’s or gas corporation’s use of any method, act, or practice inconsistent with this chapter.
8454.
(a) Each local publicly owned electric utility and local publicly owned gas utility shall annually report to the Energy Commission the number of residential service connections it disconnected for nonpayment of a delinquent account, including the dates on which those disconnections occurred.(b) Each local publicly owned electric utility and local publicly owned gas utility shall post the information reported to the Energy Commission pursuant to subdivision (a) on its internet website, if it has an internet website.
(c) The Energy Commission shall post the information reported to it pursuant to subdivision (a) on its internet website.
(d) The Attorney General, upon request from the Energy Commission, may bring an action in state court to restrain, by temporary or permanent injunction, a local publicly owned electric utility’s or local publicly owned gas utility’s use of any method, act, or practice inconsistent with this chapter.
8455.
The State Water Resources Control Board may enforce the requirements of this chapter against a local agency that owns a public water system, or water corporation, pursuant to Sections 116577, 116650, and 116655 of the Health and Safety Code. Section 116585 of, and Article 10 (commencing with Section 116700) of Chapter 4 of Part 12 of Division 104 of, the Health and Safety Code apply to an enforcement action undertaken pursuant to this section for a violation of this chapter.8456.
(a) This chapter does not apply to utility actions related to wildfire prevention or other safety measures, including public safety power shutoffs or deenergization events.(b) This chapter does not apply to unintentional service disruptions or outages.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.It is the intent of the Legislature to enact future legislation to prohibit shutting off utility service during extreme weather events.
