HomeMy WebLinkAboutPublic Benifits Program MEMORANDUM (revised)
DATE: April 4, 2007
TO: Peter Holzmeister, General Manager, TDPUD
Stephen Hollabaugh, Assistant General Manager, TDPUD
FROM: All
Gross,General Counsel
RE: Public Benefits Pursuant to AB 1890 and AB 995
During the past several months, there has been significant interest concerning the
requirements of AB 1890 and AB 995 as that legislation pertains to public benefits programs
required to be implemented by publicly owned utilities ("POU's"), including the Truckee-
Donner Public Utility District("District"). During this time there have been various assertions
and implications as to what is required of the District under this legislation, including that the
District:
• Must receive and spend 2.85% of power revenues annually on Public Benefits programs.
• Must segregate Public Benefits funds it collects into a separate account.
• Must note on customer bills that 2.85% of their power bill is going to Public Benefits.
• Must spend Public Benefits funds in the year it receives the funds.
• Must spend Public Benefit revenues in a way specified by the legislature.
• Must report annually to customers regarding the District's Public Benefit programs.
You have asked me to respond to each of these points in reference to the requirements of
the law.
A. Applicable Provisions of the Law
Although quite lengthy, the provisions of AB 1890 and AB 995 have very limited
provisions that discuss the obligations of POU's with respect to public benefits. The portions of
those bills that pertain to public benefits program for POU's have been codified in California
1
Public Utilities Code ("PUC") Sections 385, 387 and 399.8.
Public Utilities Code Section 385 states in its entirety,
"385. (a) Each local publicly owned electric utility shall establish a nonbypassable,
usage based charge on local distribution service of not less than the lowest expenditure level of
the three largest electrical corporations in California on a percent of revenue basis, calculated
from each utility's total revenue requirement for the year ended December 31, 1994, and each
utility's total annual expenditure under paragraphs (1), (2), and(3) of subdivision(c) of Section
381 and Section 382, to fund investments by the utility and other parties in any or all of the
following:
(1) Cost-effective demand-side management services to promote energy efficiency and energy
conservation.
(2) New investment in renewable energy resources and technologies consistent with existing
statutes and regulations which promote those resources and technologies.
(3) Research, development and demonstration programs for the public interest to advance
science or technology which is not adequately provided by competitive and regulated markets.
(4) Services provided for low-income electricity customers, including,but not limited to,
energy efficiency services, education, weatherization, and rate discounts.
(b) Each local publicly owned electric utility that has not implemented programs for
low-income electricity customers including targeted energy efficiency services and rate discounts
based upon the income level of the customer, or completed an assessment of need for those
programs, on or before December 31, 2000, shall perform a needs assessment for the programs
described in paragraph(4) of subdivision(a) and shall hold one or more public meetings, after
notice,to review the findings of the needs assessment. Following the public meetings, the
governing body of the local publicly owned electric utility shall determine the amount of the
total funds collected pursuant to this section to be allocated to low-income programs, including,
but not limited to,targeted energy efficiency services, education, weatherization, and rate
discounts. In making its decision on the need for the programs, the governing body shall
consider all of the following:
(1) The number and income level of low-income customers that reside in the service area of the
utility.
(2) The availability of home weatherization services to low-income customers pursuant to
Section 2790.
(3) The availability of in-home energy efficiency education in the utility's service area.
(4) Other factors that may indicate a need for low-income services.
(c) Following a determination pursuant to subdivision(b)that low-income services are
needed, the local publicly owned utility shall promptly implement or expand those programs.
The local publicly owned electric utility shall work with existing weatherization providers to
implement energy efficiency, education, and weatherization programs."
2
Public Utilities Code Section 387 states in pertinent part,
"387. (b) Each local publicly owned electric utility shall report, on an annual basis,
to its customers and to the State Energy Resources Conservation and Development Commission,
the following:
(1) Expenditures of public goods funds collected pursuant to Section 385 for eligible renewable
energy resource development. Reports shall contain a description of programs, expenditures, and
expected or actual results."
Public Utilities Code Section 399.8 states in pertinent part,
"399.8. (a) In order to ensure that the citizens of this state continue to receive safe,
it is the
reliable, affordable, and environmentally dent investments elecsustainable
ric energy effic encyprenewable this
energy,
and the intent of the Legislature p
and research, development and demonstration shall continue to be made.
(b) (2) Local publicly owned electric utilities shall continue to collect and administer system
benefits charges pursuant to Section 385."
B. Analysis
1. "Must receive and spend 2 85% of power revenues annually on public benefits
programs „
AB 1890 (PUC Section 385) and AB 995 (PUC Section 399.8) do not specifically require
POU's, including the District, to receive and spend 2.85%, or any other percentage, of power
revenues on public benefit programs. PUC Section 385(a)requires that the amount collected
and spent be "... not less than the lowest expenditure level of the three largest electrical
corporations in California on a percent of revenue basis, calculated from each utility's total
revenue requirement for the year ended December 31, 1994 ...". Thus, in order to determine
the appropriate amount to be collected and spent, one must look to the amount spent by the
State's three largest electric utilities on public benefit programs in 1994.
After the adoption of AB 1890, the California Energy Commission("CEC") calculated
the 1994 public benefits funding levels of Pacific Gas and Electric Company("PG&E"),
Southern California Edison("SCE") and San Diego Gas and Electric Company ("SDG&E")
as a percentage of revenues. The calculations produced one number for PG&E and SDG&E
3
and three different numbers for SC&E.1 The CEC calculated the percentages as follows:
PG&E—3.03%; SDG&E—3.67% and SCE—2.80%, 2.85% and 2.93%. The CEC
recommended that 2.85% be used for SCE because it utilizes the figures that most closely
mirrored the language in AB 1890 requiring the use of"total revenue requirement."
The California Municipal Utilities Association("CMUA") considered the CEC's
calculations and recommendation with respect to SCE's percentage and recommended use of
2.85% for the years 1998, 1999 and 2000 and 2.70% for 2001 (because AB 1890 allowed
SCE to use a lower expenditures in 2001)to its members.2 The calculations and
recommendation are set forth in a CMUA publication entitled, "AB 1890 Public Benefits
Program Guidebook, for Customer Owned Utilities by The California Municipal Utilities
Association Energy Services and Marketing Committee, May 7, 1997 ("AB 1890 Public
Benefits Program Guidebook)."
The end result is that AB 1890 has been interpreted to require POU's to collect and spend
2.85% of electric revenues on public benefits programs. However, as CMUA recognized,
there is room for other interpretations. CMUA suggests that, "Each utility is responsible for
meeting the requirements of AB 1890 and should determine for itself what funding
percentage requirement and start date (for collecting the funds) are appropriate for their
utility." (See AB 1890 Public Benefits Program Guidebook at page 6.)
A sub-issue related to the issue of whether POU's, including the District, must spend a
specific percentage of revenues on public benefits programs, is what figure that percentage is
multiplied by to determine the minimum annual spending required of POU's. AB 1890
(PUC Section 385(a)) requires that the public benefits charge be "not less than the lowest
expenditure level of the three largest electrical corporations in California on a percent of
revenue basis, calculated from each utility's total revenue requirement for the year ended
December 31, 1994 ... ." AB 995 states, "Local publicly owned electric utilities shall
continue to collect and administer system benefits charges pursuant to Section 385."
Some POU's have interpreted these laws to require them to fix the minimum amount of
annual expenditures based on the amount of their annual electric revenues. CMUA
recommends this approach. Other POU's have interpreted these laws to be based on the
' The different calculations resulted from the use of different figures for the"total revenue requirement"portion of
the equation.
4
amount of the three electric IOU's revenue requirement for the year ended December 31,
1994. I believe that SMUD and the City of Lompoc continue to follow this approach. There
appears to be sufficient room to interpret AB 1890 and AB 995 either way.
2. "Must segregate Public Benefits funds it collects into a separate account."
AB 1890 and AB 995 do not require POU's to segregate public benefits funds into a
separate account. It is completely silent on this point. While it may be desirable for accounting
and auditing purposes, it is within the discretion of POU's, such as the District, to establish and
maintain a separate account for public benefits funds. CMUA's read of AB 1890 is the same. At
page 10 of the AB 1890 Public Benefits Program Guidebook it states, "There is no mandate in
AB 1890 requiring that the charge be shown on customer's bills."
AB 1890 does however, require investor owned utilities ("IOU's") (referred to as
"electrical corporations") to avoid commingling of public benefits funds with other revenues.
The relevant provision of AB 1890 (codified as California PUC Section 381(a)) states,
"To ensure that the funding for the programs described in subdivision(b) and Section
382 are not commingled with other revenues, the commission shall require each electrical
corporation to identify a separate rate component to collect the revenues used to
fund these programs. The rate component shall be a nonbypassable element of the local
distribution service and collected on the basis of usage."
This section only applies to IOU's and not to POU's. Through PUC Section 381, the
Legislature revealed that commingling of funds was a concern with respect to IOU's. The
Legislature could have utilized, but chose not to utilize, the same language in PUC Section 385.
Moreover, when AB 995 was enacted four years after AB 1890, the Legislature could have at
that time required POU's to segregate public benefits funds from other revenues by including
such a requirement in the law. However, it did not. PUC Section 399.8 only requires local
POU's to "continue to collect and administer system benefits charges to Section 385." Thus, it is
clear that there is no legislative intent to require the POU's, including the District, to segregate
public benefits funds into a separate account.
3. "Must note on customer bills that 2.85% of their power bill is going to Public Benefits."
'TDPUD is a member of CMUA.
5
AB 1890 and AB 995 do not require the District to note on customer bills that 2.85% of
the bill is going to public benefits. PUC Section 385(a) only requires that POU's "...establish a
nonbypassable, usage based charge on local distribution service ... to fund investments by the
utility and other parties... ." Accordingly, the District is only required to establish a charge to
fund investments in public benefits programs.
However, IOU's are required by PUC Section 381(a)to "...identify a separate rate
component to collect the revenues used to fund these programs." To the extent that IOU's are
required to identify each rate component on their bills, they would need to identify the amount
collected for pubic benefits on their bills. Again, the Legislature did not impose the same
requirement on POU's in either AB 1890 or AB 995.
4. "Musts end Public Benefits funds in the ear it receives the funds."
AB 1890 and AB 995 do not require the District to spend public benefits funds in the
year it receives the funds. These laws only require POU's to collect and spend funds on
public benefits programs. The laws are silent with respect to when POU's must spend the
funds.
AB 1890,PUC Section 381(c), requires IOU's to begin spending public benefits funds on
January 1, 1998. There is no similar requirement set forth in PUC Sections 385 or 399.8.
CMUA notes in its AB 1890 Public Benefits Program Guidebook that,
"Since publicly owned utility expenditures are tied to IOU expenditures beginning
January 1, 1998, the Guidebook advises Local Utilities to begin collecting those funds on
January 1, 1998 to fund those expenditures." (See AB 1890 Public Benefits Program
Guidebook at page 10.)
CMUA's recommendations continue with,
"Although collection of the charge should begin January 1, 1998, it does not follow that
all Public Benefit Programs utilizing those funds must be in full operation on the first day. A
reasonable period to "ramp up" programs after funds begin to be collected should be
consistent with the law's purposes, although such interpretations should be made by
individual utility counsel." (AB 1890 Public Benefits Program Guidebook at page 11.)
6
From a budgeting and accounting perspective it seems reasonable and consistent with the
law that public benefits need not be spent in the year collected,but rather in the following
year. Revenues will vary somewhat from year-to-year. Therefore, it seems to make sense
that budgets can best be prepared utilizing the previous year's actual collection figures. I
don't believe that such a practice would violate the law, provided that if the requirements to
collect and spend public benefits funds are not continued the funds previously collected are
still spent on appropriate programs.
5. "Must spend Public Benefit revenues in.a way specified by the legislature."
AB 1890 and AB 995 do not specify the precise way in which the District must spend its
public benefits funds. The District, as do all POU's, has a significant amount of latitude in
creating and implementing its public benefits programs. AB 1890 and AB 995 allow POU's
to determine for themselves how to allocate and spend public benefits funds,provided that
they are spent within the four categories identified in AB 1890. These categories are:
(1) Cost-effective demand-side management services to promote energy efficiency and
energy conservation.
(2) New investment in renewable energy resources and technologies consistent with
existing statutes and regulations which promote those resources and technologies.
(3) Research, development and demonstration programs for the public interest to
advance science or technology which is not adequately provided by competitive and
regulated markets.
(4) Services provided for low-income electricity customers, including,but not limited
to, energy efficiency services, education, weatherization, and rate discounts.
IOU's, on the other hand, are required to spend their public benefits dollars in very
specific ways. The Legislature has determined the exact, minimum dollar amounts that each
of the State's three electric IOU's must spend in each of the four categories. For example,
AB 995 specifies that the minimum annual funding levels for energy efficiency and
conservation activities for the period January 1, 1998 through December 31, 2001 shall be
$32 Million for SDG&E, and $90 Million for SCE and $106 Million for PG&E. (PUC
Section 381(c)(1).) There are no such specific funding requirements for the POU's.
7
MEMORANDUM
DATE: April 3, 2007
TO Peter Holzmeister, General Manager, TDPUD
Stephen Hollabaugh,Assistant General Manager, TDPUD
FROM: Steven C. Gross, General Counsel
RE: Public Benefits Pursuant to AB 1890 and AB 995
During the past several months, there has been significant interest concerning the
requirements of AB 1890 and AB 995 as that legislation pertains to public benefits programs
required to be implemented by publicly owned utilities ("POU's"), including the Truckee-
Donner Public Utility District ("District"). During this time there have been various assertions
and implications as to what is required of the District under this legislation, including that the
District:
• Must receive and spend 2.85% of power revenues annually on Public Benefits programs.
• Must segregate Public Benefits funds it collects into a separate account.
• Must note on customer bills that 2.85% of their power bill is going to Public Benefits.
• Must spend Public Benefits funds in the year it receives the funds.
• Must spend Public Benefit revenues in a way specified by the legislature.
• Must report annually to customers regarding the District's Public Benefit programs.
You have asked me to respond to each of these points in reference to the requirements of
the law.
A. Applicable Provisions of the Law
Although quite lengthy, the provisions of AB 1890 and AB 995 have very limited
provisions that discuss the obligations of POU's with respect to public benefits. The portions of
those bills that pertain to public benefits program for POU's have been codified in California
1
Public Utilities Code ("PUC") Sections 385, 387 and 399.8.
Public Utilities Code Section 385 states in its entirety,
"385. (a) Each local publicly owned electric utility shall establish a nonbypassable,
usage based charge on local distribution service of not less than the lowest expenditure level of
the three largest electrical corporations in California on a percent of revenue basis, calculated
from each utility's total revenue requirement for the year ended December 31, 1994, and each
utility's total annual expenditure under paragraphs (1), (2), and (3) of subdivision(c) of Section
381 and Section 382, to fund investments by the utility and other parties in any or all of the
following:
(1) Cost-effective demand-side management services to promote energy efficiency and energy
conservation.
(2) New investment in renewable energy resources and technologies consistent with existing
statutes and regulations which promote those resources and technologies.
(3) Research, development and demonstration programs for the public interest to advance
science or technology which is not adequately provided by competitive and regulated markets.
(4) Services provided for low-income electricity customers, including,but not limited to,
energy efficiency services, education, weatherization, and rate discounts.
(b)Each local publicly owned electric utility that has not implemented programs for
low-income electricity customers including targeted energy efficiency services and rate discounts
based upon the income level of the customer, or completed an assessment of need for those
programs, on or before December 31, 2000, shall perform a needs assessment for the programs
described in paragraph(4) of subdivision(a) and shall hold one or more public meetings, after
notice, to review the findings of the needs assessment. Following the public meetings, the
governing body of the local publicly owned electric utility shall determine the amount of the
total funds collected pursuant to this section to be allocated to low-income programs, including,
but not limited to,targeted energy efficiency services, education, weatherization, and rate
discounts. In making its decision on the need for the programs, the governing body shall
consider all of the following:
(1) The number and income level of low-income customers that reside in the service area of the
utility.
(2) The availability of home weatherization services to low-income customers pursuant to
Section 2790.
(3) The availability of in-home energy efficiency education in the utility's service area.
(4) Other factors that may indicate a need for low-income services.
(c) Following a determination pursuant to subdivision(b) that low-income services are
needed, the local publicly owned utility shall promptly implement or expand those programs.
The local publicly owned electric utility shall work with existing weatherization providers to
implement energy efficiency, education, and weatherization programs."
2
Public Utilities Code Section 387 states in pertinent part,
"387. (b) Each local publicly owned electric utility shall report, on an annual basis,
to its customers and to the State Energy Resources Conservation and Development Commission,
the following:
(1) Expenditures of public goods funds collected pursuant to Section 385 for eligible renewable
energy resource development. Reports shall contain a description of programs, expenditures, and
expected or actual results."
Public Utilities Code Section 399.8 states in pertinent part,
"399.8. (a) In order to ensure that the citizens of this state continue to receive safe,
reliable, affordable, and environmentally sustainable electric service, it is the policy of this state
and the intent of the Legislature that prudent investments in energy efficiency, renewable energy,
and research, development and demonstration shall continue to be made.
(b) (2) Local publicly owned electric utilities shall continue to collect and administer system
benefits charges pursuant to Section 385."
B. Analysis
1. "Must receive and spend 2 85% of power revenues annually on public benefits
programs."
AB 1890 (PUC Section 385) and AB 995 (PUC Section 399.8) do not specifically require
POU's, including the District, to receive and spend 2.85%, or any other percentage, of power
revenues on public benefit programs. PUC Section 385(a)requires that the amount collected
and spent be "... not less than the lowest expenditure level of the three largest electrical
corporations in California on a percent of revenue basis, calculated from each utility's total
revenue requirement for the year ended December 31, 1994 ...". Thus, in order to determine
the appropriate amount to be collected and spent, one must look to the amount spent by the
State's three largest electric utilities on public benefit programs in 1994.
After the adoption of AB 1890, the California Energy Commission("CEC") calculated
the 1994 public benefits funding levels of Pacific Gas and Electric Company("PG&E"),
Southern California Edison("SCE") and San Diego Gas and Electric Company ("SDG&E")
as a percentage of revenues. The calculations produced one number for PG&E and SDG&E
3
and three different numbers for SC&E.I The CEC calculated the percentages as follows:
PG&E— 3.03%; SDG&E— 3.67% and SCE—2.80%, 2.85% and 2.93%. The CEC
recommended that 2.85% be used for SCE because it utilizes the figures that most closely
mirrored the language in AB 1890 requiring the use of"total revenue requirement."
The California Municipal Utilities Association("CMUA") considered the CEC's
calculations and recommendation with respect to SCE's percentage and recommended use of
2.85% for the years 1998, 1999 and 2000 and 2.70% for 2001 (because AB 1890 allowed
SCE to use a lower expenditures in 2001) to its members.2 The calculations and
recommendation are set forth in a CMUA publication entitled, "AB 1890 Public Benefits
Program Guidebook, for Customer Owned Utilities by The California Municipal Utilities
Association Energy Services and Marketing Committee, May 7, 1997 ("AB 1890 Public
Benefits Program Guidebook)."
The end result is that AB 1890 has been interpreted to require POU's to collect and spend
2.85% of electric revenues on public benefits programs. However, as CMUA recognized,
there is room for other interpretations. CMUA suggests that, "Each utility is responsible for
meeting the requirements of AB 1890 and should determine for itself what funding
percentage requirement and start date (for collecting the funds) are appropriate for their
utility." (See AB 1890 Public Benefits Program Guidebook at page 6.)
A sub-issue related to the issue of whether POU's, including the District, must spend a
specific percentage of revenues on public benefits programs, is what figure that percentage is
multiplied by to determine the minimum annual spending required of POU's. AB 1890
(PUC Section 385(a)) requires that the public benefits charge be "not less than the lowest
expenditure level of the three largest electrical corporations in California on a percent of
revenue basis, calculated from each utility's total revenue requirement for the year ended
December 31, 1994 ... ." AB 995 states, "Local publicly owned electric utilities shall
continue to collect and administer system benefits charges pursuant to Section 385."
Some POU's have interpreted these laws to require them to fix the minimum amount of
annual expenditures based on the amount of their annual electric revenues. CMUA
recommends this approach. Other POU's have interpreted these laws to be based on the
' The different calculations resulted from the use of different figures for the"total revenue requirement"portion of
the equation.
4
amount of the three electric IOU's revenue requirement for the year ended December 31,
1994. I believe that SMUD and the City of Lompoc continue to follow this approach. There
appears to be sufficient room to interpret AB 1890 and AB 995 either way.
2. "Must segregate Public Benefits funds it collects into a separate account."
AB 1890 and AB 995 do not require POU's to segregate public benefits funds into a
separate account. It is completely silent on this point. While it may be desirable for accounting
and auditing purposes, it is within the discretion of POU's, such as the District, to establish and
maintain a separate account for public benefits funds. CMUA's read of AB 1890 is the same. At
page 10 of the AB 1890 Public Benefits Program Guidebook it states, "There is no mandate in
AB 1890 requiring that the charge be shown on customer's bills."
AB 1890 does however, require investor owned utilities ("IOU's") (referred to as
"electrical corporations") to avoid commingling of public benefits funds with other revenues.
The relevant provision of AB 1890 (codified as California PUC Section 381(a)) states,
"To ensure that the funding for the programs described in subdivision(b) and Section
382 are not commingled with other revenues, the commission shall require each electrical
corporation to identify a separate rate component to collect the revenues used to
fund these programs. The rate component shall be a nonbypassable element of the local
distribution service and collected on the basis of usage."
This section only applies to IOU's and not to POU's. Through PUC Section 381, the
Legislature revealed that commingling of funds was a concern with respect to IOU's. The
Legislature could have utilized, but chose not to utilize, the same language in PUC Section 385.
Moreover, when AB 995 was enacted four years after AB 1890, the Legislature could have at
that time required POU's to segregate public benefits funds from other revenues by including
such a requirement in the law. However, it did not. PUC Section 399.8 only requires local
POU's to "continue to collect and administer system benefits charges to Section 385." Thus, it is
clear that there is no legislative intent to require the POU's, including the District, to segregate
public benefits funds into a separate account.
3. "Must note on customer bills that 2 85% of their power bill is going to Public Benefits."
2 TDPUD is a member of CMUA.
5
AB 1890 and AB 995 do not require the District to note on customer bills that 2.85% of
the bill is going to public benefits. PUC Section 385(a) only requires that POU's "...establish a
nonbypassable, usage based charge on local distribution service ... to fund investments by the
utility and other parties... ." Accordingly, the District is only required to establish a charge to
fund investments in public benefits programs.
However, IOU's are required by PUC Section 381(a) to "...identify a separate rate
component to collect the revenues used to fund these programs." To the extent that IOU's are
required to identify each rate component on their bills, they would need to identify the amount
collected for pubic benefits on their bills. Again, the Legislature did not impose the same
requirement on POU's in either AB 1890 or AB 995.
4. "Must spend Public Benefits funds in the year it receives the funds."
AB 1890 and AB 995 do not require the District to spend public benefits funds in the
year it receives the funds. These laws only require POU's to collect and spend funds on
public benefits programs. The laws are silent with respect to when POU's must spend the
funds.
AB 1890, PUC Section 381(c), requires IOU's to begin spending public benefits funds on
January 1, 1998. There is no similar requirement set forth in PUC Sections 385 or 399.8.
CMUA notes in its AB 1890 Public Benefits Program Guidebook that,
"Since publicly owned utility expenditures are tied to IOU expenditures beginning
January 1, 1998, the Guidebook advises Local Utilities to begin collecting those funds on
January 1, 1998 to fund those expenditures." (See AB 1890 Public Benefits Program
Guidebook at page 10.)
CMUA's recommendations continue with,
"Although collection of the charge should begin January 1, 1998, it does not follow that
all Public Benefit Programs utilizing those funds must be in full operation on the first day. A
reasonable period to "ramp up" programs after funds begin to be collected should be
consistent with the law's purposes, although such interpretations should be made by
individual utility counsel." (AB 1890 Public Benefits Program Guidebook at page 11.)
6
From a budgeting and accounting perspective it seems reasonable and consistent with the
law that public benefits need not be spent in the year collected, but rather in the following
year. Revenues will vary somewhat from year-to-year. Therefore, it seems to make sense
that budgets can best be prepared utilizing the previous year's actual collection figures. I
don't believe that such a practice would violate the law, provided that if the requirements to
collect and spend public benefits funds are not continued the funds previously collected are
still spent on appropriate programs.
5. "Must spend Public Benefit revenues in a way specified by the legislature."
AB 1890 and AB 995 do not specify the precise way in which the District must spend its
public benefits funds. The District, as do all POU's, has a significant amount of latitude in
creating and implementing its public benefits programs. AB 1890 and AB 995 allow POU's
to determine for themselves how to allocate and spend public benefits funds, provided that
they are spent within the four categories identified in AB 1890. These categories are:
(1) Cost-effective demand-side management services to promote energy efficiency and
energy conservation.
(2) New investment in renewable energy resources and technologies consistent with
existing statutes and regulations which promote those resources and technologies.
(3) Research, development and demonstration programs for the public interest to
advance science or technology which is not adequately provided by competitive and
regulated markets.
(4) Services provided for low-income electricity customers, including,but not limited
to, energy efficiency services, education, weatherization, and rate discounts.
IOU's, on the other hand, are required to spend their public benefits dollars in very
specific ways. The Legislature has determined the exact, minimum dollar amounts that each
of the State's three electric IOU's must spend in each of the four categories. For example,
AB 995 specifies that the minimum annual funding levels for energy efficiency and
conservation activities for the period January 1, 1998 through December 31, 2001 shall be
$32 Million for SDG&E, and $90 Million for SCE and $106 Million for PG&E. (PUC
Section 381(c)(1).) There are no such specific funding requirements for the POU's.
7
6. "Must report annually to customers regarding the District's Public Benefit programs."
CPUC Section 387 does require the District to report annually to customers regarding
the District's public benefits programs. This section specifically states that POU's,
"... shall report, on an annual basis, to its customers and to the State Energy Resources
Conservation and Development Commission, the following:
(1) Expenditures of public goods funds collected pursuant to Section 385 for eligible renewable
energy resource development. Reports shall contain a description of programs, expenditures, and
expected or actual results."
While the law makes clear that annual reporting is required, it does not specify the
method, manner or from of the reporting. Many POU's, such as the District, meet the
requirements of the law by reporting their public benefits activities through the CMUA.
8