AB 895 — Utility rate refunds: energy crisis litigation: Public Utilities Commission: judicial review.

Summary

Under existing law, the Public Utilities Commission has regulatory authority over public utilities. Existing law authorizes the commission to fix the rates and charges for every public utility, and requires that those rates and charges be just and reasonable. When the commission orders rate refunds to be distributed, existing law requires the commission to require the public utility to pay refunds to all current utility customers, and, when practicable, to prior customers, on an equitable pro rata basis without regard as to whether or not the customer is classifiable as a residential or commercial tenant, landlord, homeowner, business, industrial, educational, governmental, nonprofit, agricultural, or any other type of entity. Existing law establishes the Ratepayer Relief Fund in the State Treasury to benefit electricity and natural gas ratepayers and to fund investigation and litigation costs of the state in pursuing allegations of overcharges and unfair business practices against generators, suppliers, or marketers of electricity or natural gas arising from the energy crisis of 2000–02. Existing law requires that any energy settlement agreement, as defined, entered into by the Attorney General, after reimbursing the Attorney General's litigation and investigation expenses, direct settlement funds to the following purposes in priority order: (1) to reduce ratepayer costs of those utility ratepayers harmed by the actions of the settling parties; and (2) for deposit in the Ratepayer Relief Fund. Existing law authorizes the moneys deposited in the Ratepayer Relief Fund to be appropriated for certain purposes for the benefit of ratepayers. This bill would require the Attorney General or the Public Utilities Commission to enter into an energy settlement agreement solely on a monetary basis and would prohibit the agreement from including nonmonetary compensation in lieu of monetary compensation. The bill would prohibit the commission from distributing or expending the proceeds of claims in any litigation or settlement to obtain ratepayer recovery for the effects of the 2000–02 energy crisis and would require that the proceeds, after reimbursing the commission's litigation and investigation expenses, be deposited into the Ratepayer Relief Fund. The bill would require the moneys in the fund to be appropriated for those purposes for the benefit of ratepayers. The California Constitution provides that the Legislature has plenary power to establish the manner and scope of review of commission action in a court of record. Existing law provides that only the Supreme Court and the court of appeal have jurisdiction to review, reverse, correct, or annul any order or decision of the commission or to suspend or delay the execution or operation thereof, or to enjoin, restrain, or interfere with the commission in the performance of its official duties. This bill would authorize an action to enforce the requirements of the Bagley-Keene Open Meeting Act or the California Public Records Act to be brought against the commission in the superior court.

Bill Text

• Enrolled 09/16/15 - Enrolled Current pdf September 16, 2015
• Amended 09/04/15 - Amended Senate pdf September 04, 2015
• Amended 09/01/15 - Amended Senate pdf September 01, 2015
• Introduced 02/26/15 - Introduced pdf February 26, 2015
• AB895 View text html

Action History

1. January 19, 2016

   Consideration of Governor's veto stricken from file.

2. October 09, 2015

   Vetoed by Governor.

3. September 23, 2015

   Enrolled and presented to the Governor at 4 p.m.

4. September 11, 2015

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3145.).

5. September 10, 2015

   In Assembly. Concurrence in Senate amendments pending.

6. September 10, 2015

   Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2713.).

7. September 08, 2015

   Read second time. Ordered to third reading.

8. September 04, 2015

   Read third time and amended. Ordered to second reading.

9. September 01, 2015

   Read second time and amended. Ordered to third reading.

10. August 31, 2015

    From committee: Amend, and do pass as amended. (Ayes 5. Noes 0.) (August 27).

11. July 13, 2015

    In committee: Referred to suspense file.

12. June 30, 2015

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 30). Re-referred to Com. on APPR.

13. June 11, 2015

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

14. June 01, 2015

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

15. June 01, 2015

    Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 1719.)

16. May 28, 2015

    Read second time. Ordered to third reading.

17. May 28, 2015

    From committee: Do pass. (Ayes 17. Noes 0.) (May 28).

18. May 20, 2015

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

19. April 28, 2015

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (April 27). Re-referred to Com. on APPR.

20. March 16, 2015

    Referred to Com. on U. & C.

21. February 27, 2015

    From printer. May be heard in committee March 29.

22. February 26, 2015

    Read first time. To print.

Sponsors

• Rendon · Primary

Votes

Subjects