California 2023-2024 Regular Session Status: Passed Assembly 1 D cosponsors

AB 3256 — Memorandum and balancing accounts: audits: reports to the Legislature.

Last action — In committee: Held under submission.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations, gas corporations, heat corporations, telegraph corporations, telephone corporations, and water corporations. Existing law directs the commission to require a public utility to establish and maintain a balancing account whenever the commission authorizes a change in rates reflecting and passing through to customers specific changes in costs to reflect the balance between the related costs and revenues. Existing law requires the commission to develop a risk-based approach for reviewing those balancing accounts periodically to ensure that the transactions recorded in the balancing accounts are for allowable purposes and are supported by appropriate documentation. Existing law requires the commission to maintain an inventory of the balancing accounts and requires public utilities to record all related costs and revenues in their balancing accounts. Existing law requires the commission to adopt balancing account review procedures that are consistent with a risk-based approach. Existing law requires the commission to annually provide the Legislature with an update on the status of its review of balancing accounts as part of an annual report or by posting it on its internet website, as provided. Existing law requires that all charges demanded or received by any public utility, or by any 2 or more public utilities, for any product or commodity furnished or to be furnished or any service rendered or to be rendered be just and reasonable and provides that every unjust or unreasonable charge demanded or received for such product or commodity or service is unlawful. This bill would require the commission to include, as part of its annual update to the Legislature on the status of its review of balancing accounts, the amount of funds in, and the expenditures from, the memorandum accounts and balancing accounts of each public utility. The bill would require the commission to conduct a comprehensive audit, with specified criteria, of each wildfire- or emergency-related memorandum account or balancing account of each electrical corporation on or before July 1, 2025, or, on or before January 1, 2027, if the commission is unable to review all those accounts by July 1, 2025, as provided. The bill would require the commission, if it determines that any actual costs recorded in those electrical corporation accounts have already been authorized and collected from customers, to deny the electrical corporation a 2nd recovery of those costs. The bill would require the commission to make those determinations and take those actions in a manner that ensures that the rates are sufficient to enable the public utility to recover a just and reasonable rate of return. Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because a violation of a commission action implementing this bill's requirements would be a crime, 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 a specified reason.

Bill Text

Action History

  1. In committee: Held under submission.

  2. In committee: Referred to suspense file.

  3. Read second time and amended. Re-referred to Com. on APPR.

  4. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 17. Noes 0.) (July 2).

  5. Referred to Com. on E., U. & C.

  6. In Senate. Read first time. To Com. on RLS. for assignment.

  7. Read third time. Passed. Ordered to the Senate. (Ayes 63. Noes 0. Page 5535.)

  8. Read second time. Ordered to third reading.

  9. From committee: Do pass. (Ayes 13. Noes 2.) (May 16).

  10. Joint Rule 62(a), file notice suspended. (Page 5215.)

  11. In committee: Set, first hearing. Referred to APPR. suspense file.

  12. Re-referred to Com. on APPR.

  13. Read second time and amended.

  14. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (April 24).

  15. In committee: Hearing postponed by committee.

  16. Re-referred to Com. on U. & E.

  17. From committee chair, with author's amendments: Amend, and re-refer to Com. on U. & E. Read second time and amended.

  18. Re-referred to Com. on U. & E.

  19. From committee chair, with author's amendments: Amend, and re-refer to Com. on U. & E. Read second time and amended.

  20. Referred to Com. on U. & E.

  21. From printer. May be heard in committee March 18.

  22. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]

Passed 17 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 8000
Unaffiliated 7000
Republican 2001
Total 17001
% of votes cast 94%0%0%6%
How each member voted (18)
Member Party Vote
Wilk — Yea
Skinner — Yea
Eggman — Yea
Bradford — Yea
Dodd — Yea
Newman — Yea
Min — Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Limón, Monique Democratic Yea
Rubio, Susan Democratic Yea
Stern, Henry I. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Seyarto, Kelly Republican Not Voting

Official roll call →

AB 3256 Irwin Assembly Third Reading

Passed 63 Yea · 0 Nay · 17 Other
Party YeaNayPresentNot Voting
Democratic 44003
Republican 8006
Unaffiliated 11008
Total 630017
% of votes cast 79%0%0%21%
How each member voted (80)
Member Party Vote
Maienschein — Yea
Rodriguez — Yea
Villapudua — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Wood — Yea
Low — Yea
Santiago — Yea
Waldron — Not Voting
Holden — Not Voting
Friedman — Not Voting
Mathis — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Luz Rivas — Not Voting
Vince Fong — Not Voting
Wendy Carrillo — Not Voting
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Not Voting
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Not Voting
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Not Voting
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Yea
Dixon, Diane Republican Not Voting
Essayli, Bill Republican Not Voting
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Hoover, Josh Republican Yea
Lackey, Tom Republican Not Voting
Patterson, Joe Republican Not Voting
Sanchez, Kate Republican Yea
Ta, Tri Republican Yea
Wallis, Greg Republican Yea

Official roll call →

Do pass.

Passed 13 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 9000
Unaffiliated 2100
Republican 2100
Total 13200
% of votes cast 87%13%0%0%
How each member voted (15)
Member Party Vote
Villapudua — Yea
Jim Patterson — Nay
Wendy Carrillo — Yea
Arambula, Joaquin Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Pellerin, Gail Democratic Yea
Wicks, Buffy Democratic Yea
Dixon, Diane Republican Nay
Sanchez, Kate Republican Yea
Ta, Tri Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 14 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 5001
Republican 2001
Democratic 7000
Total 14002
% of votes cast 88%0%0%13%
How each member voted (16)
Member Party Vote
Ting — Yea
Santiago — Yea
Wood — Yea
Holden — Yea
Friedman — Yea
Jim Patterson — Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Calderon, Lisa Democratic Yea
Connolly, Damon Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Schiavo, Pilar Democratic Yea
Zbur, Rick Chavez Democratic Yea
Chen, Phillip Republican Not Voting
Patterson, Joe Republican Yea
Wallis, Greg Republican Yea

Official roll call →

Subjects

public-safety transportation energy
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Frequently asked questions

What does AB 3256 do?
Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations, gas corporations, heat corporations, telegraph corporations, telephone corporations, and water corporations. Existing law directs the commission to require a public utility to establish and maintain a balancing account whenever the commission authorizes a change in rates reflecting and passing through to customers specific changes in costs to reflect the balance between the related costs and revenues. Existing law requires the commission to develop a risk-based approach for reviewing those balancing accounts periodically to ensure that the transactions recorded in the balancing accounts are for allowable purposes and are supported by appropriate documentation. Existing law requires the commission to maintain an inventory of the balancing accounts and requires public utilities to record all related costs and revenues in their balancing accounts. Existing law requires the commission to adopt balancing account review procedures that are consistent with a risk-based approach. Existing law requires the commission to annually provide the Legislature with an update on the status of its review of balancing accounts as part of an annual report or by posting it on its internet website, as provided. Existing law requires that all charges demanded or received by any public utility, or by any 2 or more public utilities, for any product or commodity furnished or to be furnished or any service rendered or to be rendered be just and reasonable and provides that every unjust or unreasonable charge demanded or received for such product or commodity or service is unlawful. This bill would require the commission to include, as part of its annual update to the Legislature on the status of its review of balancing accounts, the amount of funds in, and the expenditures from, the memorandum accounts and balancing accounts of each public utility. The bill would require the commission to conduct a comprehensive audit, with specified criteria, of each wildfire- or emergency-related memorandum account or balancing account of each electrical corporation on or before July 1, 2025, or, on or before January 1, 2027, if the commission is unable to review all those accounts by July 1, 2025, as provided. The bill would require the commission, if it determines that any actual costs recorded in those electrical corporation accounts have already been authorized and collected from customers, to deny the electrical corporation a 2nd recovery of those costs. The bill would require the commission to make those determinations and take those actions in a manner that ensures that the rates are sufficient to enable the public utility to recover a just and reasonable rate of return. Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because a violation of a commission action implementing this bill's requirements would be a crime, 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 a specified reason.
Who sponsors AB 3256?
AB 3256 is sponsored by Irwin, Jacqui (Democratic).
What is the current status of AB 3256?
This bill died with 2023-2024 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 3256?
Track AB 3256 free on One Click Politics — get push/email alerts when it moves.

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