SB 1338: Electrical and gas corporations: rates.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations and gas corporations. 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. Existing law requires the commission to designate a baseline quantity of electricity and gas necessary for a significant portion of the reasonable energy needs of the average residential customer and requires that electrical corporations and gas corporations file rates and charges, to be approved by the commission, providing baseline rates that apply to the first and lowest block of an increasing block rate structure. Existing law additionally requires the commission to establish a standard allowance in addition to the baseline quantity of gas and electricity for residential customers dependent on life-support equipment. Existing law provides that this additional higher energy usage allowance be made available to a person who is being treated for a life-threatening illness or has 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 is medically necessary to sustain the life of the person or prevent deterioration of the persons medical condition.

This bill would authorize a physician assistant to certify in writing to the utility that the additional energy, heating, or cooling allowance is medically necessary to sustain the life of a person being treated for a life-threatening illness or a compromised immune system or to prevent deterioration of that persons medical condition.

Existing law prohibits a gas or electrical corporation from disconnecting service for nonpayment when (1) the customer or a member of the customers household has a life-threatening condition or illness, (2) a licensed physician, a person licensed pursuant to the Osteopathic Initiative Act, or a nurse practitioner certifies that gas or electric service is medically necessary to sustain the life of the person or prevent deterioration of the persons medical condition, and (3) the customer is willing to enter into an amortization agreement, as provided.

This bill would revise (2) above to additionally prohibit disconnecting service where a physician assistant certifies that gas or electric service is medically necessary to sustain the life of the customer or member of the customers family or to prevent deterioration of that persons medical condition. The bill would require the commission to develop rules requiring each of the 4 energy utilities that have the greatest number of customers in California to demonstrate that they are working with the medical community to increase marketing and outreach to persons eligible for the above-described medical baseline allowance.

Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.

Because the provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing its requirements would be a crime, the bill would impose a state-mandated local program by creating a new crime or expanding the application of a crime.

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.