Public Utilities Commission: communications: low-income customers., the official text

An act to add Sections 871.6 and 872 to the Public Utilities Code, relating to communications.

LEGISLATIVE COUNSEL'S DIGEST

Existing law establishes the Low-Income Oversight Board and requires the Low-Income Oversight Board to advise the Public Utilities Commission on low-income electricity, gas, and water customer issues, and to, among other things, monitor and evaluate implementation of all programs provided to low-income electricity, gas, and water customers.
This bill would establish the Low-Income Telecommunications Advisory Board with specified membership. The bill would require the Low-Income Telecommunications Advisory Board to, among other things, advise the commission on low-income telecommunications customer issues, serve as a liaison for the commission to low-income customers and stakeholders, provide certain reports to the Legislature, and monitor and evaluate implementation of all programs provided to low-income telecommunications customers, as provided. The bill would require the commission, in conjunction with the Low-Income Telecommunications Advisory Board, to increase participation in programs for low-income telecommunications customers and ensure that the cost burden of low-income telecommunications customers is reduced, as specified.
Existing law vests the commission with regulatory authority over public utilities, including telephone corporations. Existing law, the Moore Universal Telephone Service Act, establishes the Universal Lifeline Telephone Service program to provide low-income households with access to affordable basic residential telephone service.
This bill would require the commission to administer the lifeline program in a technologically inclusive manner and would prohibit the commission from discriminating against lifeline providers by adopting rules that favor or disfavor certain providers.
Under existing law, a violation of the Public Utilities Act or of an order, decision, rule, direction, demand, or requirement of the commission is a crime.
Because the provisions of this bill would be part of the act, and a violation of a commission action implementing its provisions 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.

The people of the State of California do enact as follows:

SECTION 1.
It is the intent of the Legislature that, if a successor agency to the Public Utilities Commission is created, the successor agency include low-income telecommunications oversight within its scope and purview.

SEC. 2.
Section 871.6 is added to the Public Utilities Code, to read:
871.6.
(a) The commission shall administer the lifeline program in a technologically inclusive manner that does not exclude any technologies or unreasonably favor one technology over another technology.
(b) The commission shall not discriminate against lifeline providers by adopting rules that favor or disfavor certain providers.
(c) This section does not affect or impede the authority of the commission to take enforcement action against any lifeline providers.

SEC. 3.
Section 872 is added to the Public Utilities Code, to read:
872.
(a) There is hereby established a Low-Income Telecommunications Advisory Board, which shall advise the commission on low-income telecommunications customer issues and shall serve as a liaison for the commission to low-income customers and stakeholders. The Low-Income Telecommunications Advisory Board shall do all of the following to advise the commission regarding the commission’s duties:
(1) Monitor and evaluate implementation of all programs provided to low-income telecommunications customers.
(2) Assist in the development and analysis of any assessments of low-income telecommunications customer need.
(3) Provide reports to the Legislature, as requested, summarizing the assessment of need, audits, and analysis of program implementation.
(4) Assist in streamlining the application and enrollment process of programs for low-income telecommunications customers with general low-income programs, including, but not limited to, the Universal Lifeline Telephone Service (ULTS) program and the program described in, and compliance with, Section 739.1.
(b) The Low-Income Telecommunications Advisory Board shall be composed of five members, to be selected as follows:
(1) Two members selected by the commission who have expertise in the low-income telecommunications community and who are not affiliated with any state agency or industry group.
(2) One member selected by the commission who is a representative of a wireline lifeline provider offering service in California.
(3) One member selected by the commission who is a representative of a wireless lifeline provider offering service in California.
(4) One member selected by the commission from an organization with demonstrated experience advocating before the commission.
(c) The Low-Income Telecommunications Advisory Board may establish a technical advisory committee consisting of low-income telecommunications service providers, provider representatives, consumer organizations, and commission staff, to assist the board, and may request utility representatives and commission staff to assist the technical advisory committee.
(d) The commission shall do all of the following in conjunction with the Low-Income Telecommunications Advisory Board:
(1) Work with the Low-Income Telecommunications Advisory Board, interested parties, and community-based organizations to increase participation in programs for low-income telecommunications customers.
(2) Provide technical support to the Low-Income Telecommunications Advisory Board.
(3) Ensure that the cost burden of low-income telecommunications customers is reduced.
(4) Provide formal notice of Low-Income Telecommunications Advisory Board meetings in the commission’s daily calendar.
(e) (1) Members of the Low-Income Telecommunications Advisory Board, and members of the technical advisory committee, shall be eligible for compensation in accordance with state guidelines for necessary travel.
(2) Members of the Low-Income Telecommunications Advisory Board, and members of the technical advisory committee, who are not salaried state service employees shall be eligible for reasonable compensation for attendance at board meetings.
(3) All reasonable costs incurred by the Low-Income Telecommunications Advisory Board in carrying out its duties pursuant to subdivision (a), including staffing, travel, and administrative costs, shall be reimbursed through the Public Utilities Commission Utilities Reimbursement Account established under Section 402, and shall be part of the budget of the commission, and the commission shall consult with the board in the preparation of that portion of the commission’s annual proposed budget.

SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only 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.