California 2023-2024 Regular Session

California Assembly Bill AB3256 Compare Versions

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1-Amended IN Senate July 03, 2024 Amended IN Assembly April 29, 2024 Amended IN Assembly March 21, 2024 Amended IN Assembly March 18, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3256Introduced by Assembly Member IrwinFebruary 16, 2024An act to amend Sections 792.5 and 910.7 of, and to add Section 739.17 to, the Public Utilities Code, relating to public utilities.LEGISLATIVE COUNSEL'S DIGESTAB 3256, as amended, Irwin. Memorandum and balancing accounts: audits: reports to the Legislature.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 and to close the account after granting the electric corporation recovery of any just and reasonable costs that have not been collected from customers. 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 bills 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 739.17 is added to the Public Utilities Code, to read:739.17. In making the determinations and taking the actions described in subdivision (g) of Section 792.5, the commission shall ensure that the rates are sufficient to enable the public utility to recover a just and reasonable rate of return.SEC. 2. Section 792.5 of the Public Utilities Code is amended to read:792.5. (a) Whenever the commission authorizes any change in rates reflecting and passing through to customers specific changes in costs, except rates set for common carriers, the commission shall require as a condition of the order that the public utility establish and maintain a balancing account reflecting the balance, whether positive or negative, between the related costs and revenues, and the commission shall take into account by appropriate adjustment or other action any positive or negative balance remaining in the balancing account at the time of any subsequent rate adjustment.(b) The commission shall develop a risk-based approach for reviewing or auditing balancing accounts periodically to ensure that the transactions recorded in the balancing accounts are for allowable purposes and are supported by appropriate documentation.(c) The commission shall maintain an inventory of the balancing accounts established pursuant to this section.(d) The commission shall require the public utility to record all related costs and revenues in the balancing account, unless those costs or revenues are specifically exempted by the commission.(e) The commission shall adopt balancing account review or audit procedures that are consistent with a risk-based approach.(f) The commission may forgo the review or audit of a balancing account pursuant to this section if an independent auditor has reviewed or audited the balancing account in the preceding five years.(g) (1) (A) Except as specified in paragraph (2), on or before July 1, 2025, the commission shall conduct a comprehensive audit of each wildfire- or emergency-related memorandum or balancing account of each electrical corporation. The commission shall examine whether the actual costs recorded in the accounts were expenses authorized in the electrical corporationss corporations general rate case, whether the electrical corporation complied with the terms that the commission identified when authorizing the costs to be tracked in the account, and the rate impact to customers if all those recorded costs were approved.(B) If the commission determines that any actual costs recorded in an account have already been authorized and collected from customers, the commission shall do both of the following, shall, consistent with Section 739.17: 739.17, deny the electrical corporation a second recovery of the actual costs that have already been authorized and collected from customers.(i)Deny the electrical corporation a second recovery of the actual costs that have already been authorized and collected from customers.(ii)Close the account after granting the electrical corporation recovery of any just and reasonable costs recorded in the account that has not been collected from customers.(2) If the commission is unable to review all the wildfire- or emergency-related memorandum or balancing accounts of each electrical corporation on or before July 1, 2025, the commission shall specify criteria to be used to select accounts that will most impact rates and establish a review schedule prioritizing those high-impact accounts. The review schedule shall be paced in a manner that enables all electrical corporation wildfire- and emergency-related memorandum and balancing accounts to be reviewed, consistent with the criteria in paragraph (1), on or before January 1, 2027. The commission may contract with the California State Auditors Office, the Department of Finance, or another qualified audit or consulting firm for any necessary auditing or review services if the commissions own auditing services are not available.SEC. 3. Section 910.7 of the Public Utilities Code is amended to read:910.7. The commission shall annually provide the Legislature with an update on the status of its review of public utilities memorandum accounts and balancing accounts pursuant to Section 792.5. The update shall include the amount of funds in, and the expenditures from, each memorandum account and each balancing account for each public utility. The commission shall provide this update as part of its annual report published pursuant to Section 910 or by posting it in a conspicuous area of its internet website, or both.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
1+Amended IN Assembly April 29, 2024 Amended IN Assembly March 21, 2024 Amended IN Assembly March 18, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3256Introduced by Assembly Member IrwinFebruary 16, 2024An act to amend Sections 792.5 and 910.7 of, and to add Section 739.17 to, the Public Utilities Code, relating to public utilities.LEGISLATIVE COUNSEL'S DIGESTAB 3256, as amended, Irwin. Memorandum and balancing accounts: audits: reports to the Legislature.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 provides 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 shall 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 annually determine if conduct a comprehensive audit, with specified criteria, of each wildfire- or emergency-related memorandum account and each or balancing account has achieved its intended purpose in the previous year. 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 the intended purpose has not been achieved and those any actual costs should not be subject to recovery in the next general rate case, recorded in those electrical corporation accounts have already been authorized and collected from customers, to deny the public utility electrical corporation a 2nd recovery of those costs and other expenses and to reduce the authority of the public utility to use, or close, the memorandum account or balancing to close the account in order to limit future rate increases. after granting the electric corporation recovery of any just and reasonable costs that have not been collected from customers. 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 bills 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 739.17 is added to the Public Utilities Code, to read:739.17. In making the determinations and taking the actions described in subdivision (g) of Section 792.5, the commission shall ensure that the rates are sufficient to enable the public utility to recover a just and reasonable rate of return.SEC. 2. Section 792.5 of the Public Utilities Code is amended to read:792.5. (a) Whenever the commission authorizes any change in rates reflecting and passing through to customers specific changes in costs, except rates set for common carriers, the commission shall require as a condition of the order that the public utility establish and maintain a balancing account reflecting the balance, whether positive or negative, between the related costs and revenues, and the commission shall take into account by appropriate adjustment or other action any positive or negative balance remaining in the balancing account at the time of any subsequent rate adjustment.(b) The commission shall develop a risk-based approach for reviewing or auditing balancing accounts periodically to ensure that the transactions recorded in the balancing accounts are for allowable purposes and are supported by appropriate documentation.(c) The commission shall maintain an inventory of the balancing accounts established pursuant to this section.(d) The commission shall require the public utility to record all related costs and revenues in the balancing account, unless those costs or revenues are specifically exempted by the commission.(e) The commission shall adopt balancing account review or audit procedures that are consistent with a risk-based approach.(f) The commission may forgo the review or audit of a balancing account pursuant to this section if an independent auditor has reviewed or audited the balancing account in the preceding five years.(g)The commission shall annually determine if each memorandum account and each balancing account of a public utility has achieved its intended purpose in the previous year. If the commission determines that the intended purpose of a memorandum account or balancing account has not been achieved and those costs should not be subject to recovery in the next general rate case, the commission shall deny the public utility recovery of those costs and other expenses and shall reduce the authority of the public utility to use, or close, the memorandum account or balancing account in order to limit future rate increases, consistent with Section 739.14.(g) (1) (A) Except as specified in paragraph (2), on or before July 1, 2025, the commission shall conduct a comprehensive audit of each wildfire- or emergency-related memorandum or balancing account of each electrical corporation. The commission shall examine whether the actual costs recorded in the accounts were expenses authorized in the electrical corporationss general rate case, whether the electrical corporation complied with the terms that the commission identified when authorizing the costs to be tracked in the account, and the rate impact to customers if all those recorded costs were approved.(B) If the commission determines that any actual costs recorded in an account have already been authorized and collected from customers, the commission shall do both of the following, consistent with Section 739.17:(i) Deny the electrical corporation a second recovery of the actual costs that have already been authorized and collected from customers.(ii) Close the account after granting the electrical corporation recovery of any just and reasonable costs recorded in the account that has not been collected from customers.(2) If the commission is unable to review all the wildfire- or emergency-related memorandum or balancing accounts of each electrical corporation on or before July 1, 2025, the commission shall specify criteria to be used to select accounts that will most impact rates and establish a review schedule prioritizing those high-impact accounts. The review schedule shall be paced in a manner that enables all electrical corporation wildfire- and emergency-related memorandum and balancing accounts to be reviewed, consistent with the criteria in paragraph (1), on or before January 1, 2027. The commission may contract with the California State Auditors Office, the Department of Finance, or another qualified audit or consulting firm for any necessary auditing or review services if the commissions own auditing services are not available.SEC. 3. Section 910.7 of the Public Utilities Code is amended to read:910.7. The commission shall annually provide the Legislature with an update on the status of its review of public utilities memorandum accounts and balancing accounts pursuant to Section 792.5. The update shall include the amount of funds in, and the expenditures from, each memorandum account and each balancing account for each public utility. The commission shall provide this update as part of its annual report published pursuant to Section 910 or by posting it in a conspicuous area of its internet website, or both.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
22
3- Amended IN Senate July 03, 2024 Amended IN Assembly April 29, 2024 Amended IN Assembly March 21, 2024 Amended IN Assembly March 18, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3256Introduced by Assembly Member IrwinFebruary 16, 2024An act to amend Sections 792.5 and 910.7 of, and to add Section 739.17 to, the Public Utilities Code, relating to public utilities.LEGISLATIVE COUNSEL'S DIGESTAB 3256, as amended, Irwin. Memorandum and balancing accounts: audits: reports to the Legislature.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 and to close the account after granting the electric corporation recovery of any just and reasonable costs that have not been collected from customers. 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 bills 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
3+ Amended IN Assembly April 29, 2024 Amended IN Assembly March 21, 2024 Amended IN Assembly March 18, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3256Introduced by Assembly Member IrwinFebruary 16, 2024An act to amend Sections 792.5 and 910.7 of, and to add Section 739.17 to, the Public Utilities Code, relating to public utilities.LEGISLATIVE COUNSEL'S DIGESTAB 3256, as amended, Irwin. Memorandum and balancing accounts: audits: reports to the Legislature.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 provides 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 shall 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 annually determine if conduct a comprehensive audit, with specified criteria, of each wildfire- or emergency-related memorandum account and each or balancing account has achieved its intended purpose in the previous year. 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 the intended purpose has not been achieved and those any actual costs should not be subject to recovery in the next general rate case, recorded in those electrical corporation accounts have already been authorized and collected from customers, to deny the public utility electrical corporation a 2nd recovery of those costs and other expenses and to reduce the authority of the public utility to use, or close, the memorandum account or balancing to close the account in order to limit future rate increases. after granting the electric corporation recovery of any just and reasonable costs that have not been collected from customers. 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 bills 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
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5- Amended IN Senate July 03, 2024 Amended IN Assembly April 29, 2024 Amended IN Assembly March 21, 2024 Amended IN Assembly March 18, 2024
5+ Amended IN Assembly April 29, 2024 Amended IN Assembly March 21, 2024 Amended IN Assembly March 18, 2024
66
7-Amended IN Senate July 03, 2024
87 Amended IN Assembly April 29, 2024
98 Amended IN Assembly March 21, 2024
109 Amended IN Assembly March 18, 2024
1110
1211 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
1312
1413 Assembly Bill
1514
1615 No. 3256
1716
1817 Introduced by Assembly Member IrwinFebruary 16, 2024
1918
2019 Introduced by Assembly Member Irwin
2120 February 16, 2024
2221
2322 An act to amend Sections 792.5 and 910.7 of, and to add Section 739.17 to, the Public Utilities Code, relating to public utilities.
2423
2524 LEGISLATIVE COUNSEL'S DIGEST
2625
2726 ## LEGISLATIVE COUNSEL'S DIGEST
2827
2928 AB 3256, as amended, Irwin. Memorandum and balancing accounts: audits: reports to the Legislature.
3029
31-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 and to close the account after granting the electric corporation recovery of any just and reasonable costs that have not been collected from customers. 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 bills 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.
30+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 provides 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 shall 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 annually determine if conduct a comprehensive audit, with specified criteria, of each wildfire- or emergency-related memorandum account and each or balancing account has achieved its intended purpose in the previous year. 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 the intended purpose has not been achieved and those any actual costs should not be subject to recovery in the next general rate case, recorded in those electrical corporation accounts have already been authorized and collected from customers, to deny the public utility electrical corporation a 2nd recovery of those costs and other expenses and to reduce the authority of the public utility to use, or close, the memorandum account or balancing to close the account in order to limit future rate increases. after granting the electric corporation recovery of any just and reasonable costs that have not been collected from customers. 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 bills 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.
3231
3332 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.
3433
3534 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.
3635
37-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.
36+Existing law provides 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 shall be just and reasonable and provides that every unjust or unreasonable charge demanded or received for such product or commodity or service is unlawful.
3837
39-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 and to close the account after granting the electric corporation recovery of any just and reasonable costs that have not been collected from customers. 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.
38+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 annually determine if conduct a comprehensive audit, with specified criteria, of each wildfire- or emergency-related memorandum account and each or balancing account has achieved its intended purpose in the previous year. 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 the intended purpose has not been achieved and those any actual costs should not be subject to recovery in the next general rate case, recorded in those electrical corporation accounts have already been authorized and collected from customers, to deny the public utility electrical corporation a 2nd recovery of those costs and other expenses and to reduce the authority of the public utility to use, or close, the memorandum account or balancing to close the account in order to limit future rate increases. after granting the electric corporation recovery of any just and reasonable costs that have not been collected from customers. 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.
4039
4140 Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime.
4241
4342 Because a violation of a commission action implementing this bills requirements would be a crime, the bill would impose a state-mandated local program.
4443
4544 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.
4645
4746 This bill would provide that no reimbursement is required by this act for a specified reason.
4847
4948 ## Digest Key
5049
5150 ## Bill Text
5251
53-The people of the State of California do enact as follows:SECTION 1. Section 739.17 is added to the Public Utilities Code, to read:739.17. In making the determinations and taking the actions described in subdivision (g) of Section 792.5, the commission shall ensure that the rates are sufficient to enable the public utility to recover a just and reasonable rate of return.SEC. 2. Section 792.5 of the Public Utilities Code is amended to read:792.5. (a) Whenever the commission authorizes any change in rates reflecting and passing through to customers specific changes in costs, except rates set for common carriers, the commission shall require as a condition of the order that the public utility establish and maintain a balancing account reflecting the balance, whether positive or negative, between the related costs and revenues, and the commission shall take into account by appropriate adjustment or other action any positive or negative balance remaining in the balancing account at the time of any subsequent rate adjustment.(b) The commission shall develop a risk-based approach for reviewing or auditing balancing accounts periodically to ensure that the transactions recorded in the balancing accounts are for allowable purposes and are supported by appropriate documentation.(c) The commission shall maintain an inventory of the balancing accounts established pursuant to this section.(d) The commission shall require the public utility to record all related costs and revenues in the balancing account, unless those costs or revenues are specifically exempted by the commission.(e) The commission shall adopt balancing account review or audit procedures that are consistent with a risk-based approach.(f) The commission may forgo the review or audit of a balancing account pursuant to this section if an independent auditor has reviewed or audited the balancing account in the preceding five years.(g) (1) (A) Except as specified in paragraph (2), on or before July 1, 2025, the commission shall conduct a comprehensive audit of each wildfire- or emergency-related memorandum or balancing account of each electrical corporation. The commission shall examine whether the actual costs recorded in the accounts were expenses authorized in the electrical corporationss corporations general rate case, whether the electrical corporation complied with the terms that the commission identified when authorizing the costs to be tracked in the account, and the rate impact to customers if all those recorded costs were approved.(B) If the commission determines that any actual costs recorded in an account have already been authorized and collected from customers, the commission shall do both of the following, shall, consistent with Section 739.17: 739.17, deny the electrical corporation a second recovery of the actual costs that have already been authorized and collected from customers.(i)Deny the electrical corporation a second recovery of the actual costs that have already been authorized and collected from customers.(ii)Close the account after granting the electrical corporation recovery of any just and reasonable costs recorded in the account that has not been collected from customers.(2) If the commission is unable to review all the wildfire- or emergency-related memorandum or balancing accounts of each electrical corporation on or before July 1, 2025, the commission shall specify criteria to be used to select accounts that will most impact rates and establish a review schedule prioritizing those high-impact accounts. The review schedule shall be paced in a manner that enables all electrical corporation wildfire- and emergency-related memorandum and balancing accounts to be reviewed, consistent with the criteria in paragraph (1), on or before January 1, 2027. The commission may contract with the California State Auditors Office, the Department of Finance, or another qualified audit or consulting firm for any necessary auditing or review services if the commissions own auditing services are not available.SEC. 3. Section 910.7 of the Public Utilities Code is amended to read:910.7. The commission shall annually provide the Legislature with an update on the status of its review of public utilities memorandum accounts and balancing accounts pursuant to Section 792.5. The update shall include the amount of funds in, and the expenditures from, each memorandum account and each balancing account for each public utility. The commission shall provide this update as part of its annual report published pursuant to Section 910 or by posting it in a conspicuous area of its internet website, or both.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
52+The people of the State of California do enact as follows:SECTION 1. Section 739.17 is added to the Public Utilities Code, to read:739.17. In making the determinations and taking the actions described in subdivision (g) of Section 792.5, the commission shall ensure that the rates are sufficient to enable the public utility to recover a just and reasonable rate of return.SEC. 2. Section 792.5 of the Public Utilities Code is amended to read:792.5. (a) Whenever the commission authorizes any change in rates reflecting and passing through to customers specific changes in costs, except rates set for common carriers, the commission shall require as a condition of the order that the public utility establish and maintain a balancing account reflecting the balance, whether positive or negative, between the related costs and revenues, and the commission shall take into account by appropriate adjustment or other action any positive or negative balance remaining in the balancing account at the time of any subsequent rate adjustment.(b) The commission shall develop a risk-based approach for reviewing or auditing balancing accounts periodically to ensure that the transactions recorded in the balancing accounts are for allowable purposes and are supported by appropriate documentation.(c) The commission shall maintain an inventory of the balancing accounts established pursuant to this section.(d) The commission shall require the public utility to record all related costs and revenues in the balancing account, unless those costs or revenues are specifically exempted by the commission.(e) The commission shall adopt balancing account review or audit procedures that are consistent with a risk-based approach.(f) The commission may forgo the review or audit of a balancing account pursuant to this section if an independent auditor has reviewed or audited the balancing account in the preceding five years.(g)The commission shall annually determine if each memorandum account and each balancing account of a public utility has achieved its intended purpose in the previous year. If the commission determines that the intended purpose of a memorandum account or balancing account has not been achieved and those costs should not be subject to recovery in the next general rate case, the commission shall deny the public utility recovery of those costs and other expenses and shall reduce the authority of the public utility to use, or close, the memorandum account or balancing account in order to limit future rate increases, consistent with Section 739.14.(g) (1) (A) Except as specified in paragraph (2), on or before July 1, 2025, the commission shall conduct a comprehensive audit of each wildfire- or emergency-related memorandum or balancing account of each electrical corporation. The commission shall examine whether the actual costs recorded in the accounts were expenses authorized in the electrical corporationss general rate case, whether the electrical corporation complied with the terms that the commission identified when authorizing the costs to be tracked in the account, and the rate impact to customers if all those recorded costs were approved.(B) If the commission determines that any actual costs recorded in an account have already been authorized and collected from customers, the commission shall do both of the following, consistent with Section 739.17:(i) Deny the electrical corporation a second recovery of the actual costs that have already been authorized and collected from customers.(ii) Close the account after granting the electrical corporation recovery of any just and reasonable costs recorded in the account that has not been collected from customers.(2) If the commission is unable to review all the wildfire- or emergency-related memorandum or balancing accounts of each electrical corporation on or before July 1, 2025, the commission shall specify criteria to be used to select accounts that will most impact rates and establish a review schedule prioritizing those high-impact accounts. The review schedule shall be paced in a manner that enables all electrical corporation wildfire- and emergency-related memorandum and balancing accounts to be reviewed, consistent with the criteria in paragraph (1), on or before January 1, 2027. The commission may contract with the California State Auditors Office, the Department of Finance, or another qualified audit or consulting firm for any necessary auditing or review services if the commissions own auditing services are not available.SEC. 3. Section 910.7 of the Public Utilities Code is amended to read:910.7. The commission shall annually provide the Legislature with an update on the status of its review of public utilities memorandum accounts and balancing accounts pursuant to Section 792.5. The update shall include the amount of funds in, and the expenditures from, each memorandum account and each balancing account for each public utility. The commission shall provide this update as part of its annual report published pursuant to Section 910 or by posting it in a conspicuous area of its internet website, or both.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
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5554 The people of the State of California do enact as follows:
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5756 ## The people of the State of California do enact as follows:
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5958 SECTION 1. Section 739.17 is added to the Public Utilities Code, to read:739.17. In making the determinations and taking the actions described in subdivision (g) of Section 792.5, the commission shall ensure that the rates are sufficient to enable the public utility to recover a just and reasonable rate of return.
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6160 SECTION 1. Section 739.17 is added to the Public Utilities Code, to read:
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6362 ### SECTION 1.
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6564 739.17. In making the determinations and taking the actions described in subdivision (g) of Section 792.5, the commission shall ensure that the rates are sufficient to enable the public utility to recover a just and reasonable rate of return.
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6766 739.17. In making the determinations and taking the actions described in subdivision (g) of Section 792.5, the commission shall ensure that the rates are sufficient to enable the public utility to recover a just and reasonable rate of return.
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6968 739.17. In making the determinations and taking the actions described in subdivision (g) of Section 792.5, the commission shall ensure that the rates are sufficient to enable the public utility to recover a just and reasonable rate of return.
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7372 739.17. In making the determinations and taking the actions described in subdivision (g) of Section 792.5, the commission shall ensure that the rates are sufficient to enable the public utility to recover a just and reasonable rate of return.
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75-SEC. 2. Section 792.5 of the Public Utilities Code is amended to read:792.5. (a) Whenever the commission authorizes any change in rates reflecting and passing through to customers specific changes in costs, except rates set for common carriers, the commission shall require as a condition of the order that the public utility establish and maintain a balancing account reflecting the balance, whether positive or negative, between the related costs and revenues, and the commission shall take into account by appropriate adjustment or other action any positive or negative balance remaining in the balancing account at the time of any subsequent rate adjustment.(b) The commission shall develop a risk-based approach for reviewing or auditing balancing accounts periodically to ensure that the transactions recorded in the balancing accounts are for allowable purposes and are supported by appropriate documentation.(c) The commission shall maintain an inventory of the balancing accounts established pursuant to this section.(d) The commission shall require the public utility to record all related costs and revenues in the balancing account, unless those costs or revenues are specifically exempted by the commission.(e) The commission shall adopt balancing account review or audit procedures that are consistent with a risk-based approach.(f) The commission may forgo the review or audit of a balancing account pursuant to this section if an independent auditor has reviewed or audited the balancing account in the preceding five years.(g) (1) (A) Except as specified in paragraph (2), on or before July 1, 2025, the commission shall conduct a comprehensive audit of each wildfire- or emergency-related memorandum or balancing account of each electrical corporation. The commission shall examine whether the actual costs recorded in the accounts were expenses authorized in the electrical corporationss corporations general rate case, whether the electrical corporation complied with the terms that the commission identified when authorizing the costs to be tracked in the account, and the rate impact to customers if all those recorded costs were approved.(B) If the commission determines that any actual costs recorded in an account have already been authorized and collected from customers, the commission shall do both of the following, shall, consistent with Section 739.17: 739.17, deny the electrical corporation a second recovery of the actual costs that have already been authorized and collected from customers.(i)Deny the electrical corporation a second recovery of the actual costs that have already been authorized and collected from customers.(ii)Close the account after granting the electrical corporation recovery of any just and reasonable costs recorded in the account that has not been collected from customers.(2) If the commission is unable to review all the wildfire- or emergency-related memorandum or balancing accounts of each electrical corporation on or before July 1, 2025, the commission shall specify criteria to be used to select accounts that will most impact rates and establish a review schedule prioritizing those high-impact accounts. The review schedule shall be paced in a manner that enables all electrical corporation wildfire- and emergency-related memorandum and balancing accounts to be reviewed, consistent with the criteria in paragraph (1), on or before January 1, 2027. The commission may contract with the California State Auditors Office, the Department of Finance, or another qualified audit or consulting firm for any necessary auditing or review services if the commissions own auditing services are not available.
74+SEC. 2. Section 792.5 of the Public Utilities Code is amended to read:792.5. (a) Whenever the commission authorizes any change in rates reflecting and passing through to customers specific changes in costs, except rates set for common carriers, the commission shall require as a condition of the order that the public utility establish and maintain a balancing account reflecting the balance, whether positive or negative, between the related costs and revenues, and the commission shall take into account by appropriate adjustment or other action any positive or negative balance remaining in the balancing account at the time of any subsequent rate adjustment.(b) The commission shall develop a risk-based approach for reviewing or auditing balancing accounts periodically to ensure that the transactions recorded in the balancing accounts are for allowable purposes and are supported by appropriate documentation.(c) The commission shall maintain an inventory of the balancing accounts established pursuant to this section.(d) The commission shall require the public utility to record all related costs and revenues in the balancing account, unless those costs or revenues are specifically exempted by the commission.(e) The commission shall adopt balancing account review or audit procedures that are consistent with a risk-based approach.(f) The commission may forgo the review or audit of a balancing account pursuant to this section if an independent auditor has reviewed or audited the balancing account in the preceding five years.(g)The commission shall annually determine if each memorandum account and each balancing account of a public utility has achieved its intended purpose in the previous year. If the commission determines that the intended purpose of a memorandum account or balancing account has not been achieved and those costs should not be subject to recovery in the next general rate case, the commission shall deny the public utility recovery of those costs and other expenses and shall reduce the authority of the public utility to use, or close, the memorandum account or balancing account in order to limit future rate increases, consistent with Section 739.14.(g) (1) (A) Except as specified in paragraph (2), on or before July 1, 2025, the commission shall conduct a comprehensive audit of each wildfire- or emergency-related memorandum or balancing account of each electrical corporation. The commission shall examine whether the actual costs recorded in the accounts were expenses authorized in the electrical corporationss general rate case, whether the electrical corporation complied with the terms that the commission identified when authorizing the costs to be tracked in the account, and the rate impact to customers if all those recorded costs were approved.(B) If the commission determines that any actual costs recorded in an account have already been authorized and collected from customers, the commission shall do both of the following, consistent with Section 739.17:(i) Deny the electrical corporation a second recovery of the actual costs that have already been authorized and collected from customers.(ii) Close the account after granting the electrical corporation recovery of any just and reasonable costs recorded in the account that has not been collected from customers.(2) If the commission is unable to review all the wildfire- or emergency-related memorandum or balancing accounts of each electrical corporation on or before July 1, 2025, the commission shall specify criteria to be used to select accounts that will most impact rates and establish a review schedule prioritizing those high-impact accounts. The review schedule shall be paced in a manner that enables all electrical corporation wildfire- and emergency-related memorandum and balancing accounts to be reviewed, consistent with the criteria in paragraph (1), on or before January 1, 2027. The commission may contract with the California State Auditors Office, the Department of Finance, or another qualified audit or consulting firm for any necessary auditing or review services if the commissions own auditing services are not available.
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7776 SEC. 2. Section 792.5 of the Public Utilities Code is amended to read:
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7978 ### SEC. 2.
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81-792.5. (a) Whenever the commission authorizes any change in rates reflecting and passing through to customers specific changes in costs, except rates set for common carriers, the commission shall require as a condition of the order that the public utility establish and maintain a balancing account reflecting the balance, whether positive or negative, between the related costs and revenues, and the commission shall take into account by appropriate adjustment or other action any positive or negative balance remaining in the balancing account at the time of any subsequent rate adjustment.(b) The commission shall develop a risk-based approach for reviewing or auditing balancing accounts periodically to ensure that the transactions recorded in the balancing accounts are for allowable purposes and are supported by appropriate documentation.(c) The commission shall maintain an inventory of the balancing accounts established pursuant to this section.(d) The commission shall require the public utility to record all related costs and revenues in the balancing account, unless those costs or revenues are specifically exempted by the commission.(e) The commission shall adopt balancing account review or audit procedures that are consistent with a risk-based approach.(f) The commission may forgo the review or audit of a balancing account pursuant to this section if an independent auditor has reviewed or audited the balancing account in the preceding five years.(g) (1) (A) Except as specified in paragraph (2), on or before July 1, 2025, the commission shall conduct a comprehensive audit of each wildfire- or emergency-related memorandum or balancing account of each electrical corporation. The commission shall examine whether the actual costs recorded in the accounts were expenses authorized in the electrical corporationss corporations general rate case, whether the electrical corporation complied with the terms that the commission identified when authorizing the costs to be tracked in the account, and the rate impact to customers if all those recorded costs were approved.(B) If the commission determines that any actual costs recorded in an account have already been authorized and collected from customers, the commission shall do both of the following, shall, consistent with Section 739.17: 739.17, deny the electrical corporation a second recovery of the actual costs that have already been authorized and collected from customers.(i)Deny the electrical corporation a second recovery of the actual costs that have already been authorized and collected from customers.(ii)Close the account after granting the electrical corporation recovery of any just and reasonable costs recorded in the account that has not been collected from customers.(2) If the commission is unable to review all the wildfire- or emergency-related memorandum or balancing accounts of each electrical corporation on or before July 1, 2025, the commission shall specify criteria to be used to select accounts that will most impact rates and establish a review schedule prioritizing those high-impact accounts. The review schedule shall be paced in a manner that enables all electrical corporation wildfire- and emergency-related memorandum and balancing accounts to be reviewed, consistent with the criteria in paragraph (1), on or before January 1, 2027. The commission may contract with the California State Auditors Office, the Department of Finance, or another qualified audit or consulting firm for any necessary auditing or review services if the commissions own auditing services are not available.
80+792.5. (a) Whenever the commission authorizes any change in rates reflecting and passing through to customers specific changes in costs, except rates set for common carriers, the commission shall require as a condition of the order that the public utility establish and maintain a balancing account reflecting the balance, whether positive or negative, between the related costs and revenues, and the commission shall take into account by appropriate adjustment or other action any positive or negative balance remaining in the balancing account at the time of any subsequent rate adjustment.(b) The commission shall develop a risk-based approach for reviewing or auditing balancing accounts periodically to ensure that the transactions recorded in the balancing accounts are for allowable purposes and are supported by appropriate documentation.(c) The commission shall maintain an inventory of the balancing accounts established pursuant to this section.(d) The commission shall require the public utility to record all related costs and revenues in the balancing account, unless those costs or revenues are specifically exempted by the commission.(e) The commission shall adopt balancing account review or audit procedures that are consistent with a risk-based approach.(f) The commission may forgo the review or audit of a balancing account pursuant to this section if an independent auditor has reviewed or audited the balancing account in the preceding five years.(g)The commission shall annually determine if each memorandum account and each balancing account of a public utility has achieved its intended purpose in the previous year. If the commission determines that the intended purpose of a memorandum account or balancing account has not been achieved and those costs should not be subject to recovery in the next general rate case, the commission shall deny the public utility recovery of those costs and other expenses and shall reduce the authority of the public utility to use, or close, the memorandum account or balancing account in order to limit future rate increases, consistent with Section 739.14.(g) (1) (A) Except as specified in paragraph (2), on or before July 1, 2025, the commission shall conduct a comprehensive audit of each wildfire- or emergency-related memorandum or balancing account of each electrical corporation. The commission shall examine whether the actual costs recorded in the accounts were expenses authorized in the electrical corporationss general rate case, whether the electrical corporation complied with the terms that the commission identified when authorizing the costs to be tracked in the account, and the rate impact to customers if all those recorded costs were approved.(B) If the commission determines that any actual costs recorded in an account have already been authorized and collected from customers, the commission shall do both of the following, consistent with Section 739.17:(i) Deny the electrical corporation a second recovery of the actual costs that have already been authorized and collected from customers.(ii) Close the account after granting the electrical corporation recovery of any just and reasonable costs recorded in the account that has not been collected from customers.(2) If the commission is unable to review all the wildfire- or emergency-related memorandum or balancing accounts of each electrical corporation on or before July 1, 2025, the commission shall specify criteria to be used to select accounts that will most impact rates and establish a review schedule prioritizing those high-impact accounts. The review schedule shall be paced in a manner that enables all electrical corporation wildfire- and emergency-related memorandum and balancing accounts to be reviewed, consistent with the criteria in paragraph (1), on or before January 1, 2027. The commission may contract with the California State Auditors Office, the Department of Finance, or another qualified audit or consulting firm for any necessary auditing or review services if the commissions own auditing services are not available.
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83-792.5. (a) Whenever the commission authorizes any change in rates reflecting and passing through to customers specific changes in costs, except rates set for common carriers, the commission shall require as a condition of the order that the public utility establish and maintain a balancing account reflecting the balance, whether positive or negative, between the related costs and revenues, and the commission shall take into account by appropriate adjustment or other action any positive or negative balance remaining in the balancing account at the time of any subsequent rate adjustment.(b) The commission shall develop a risk-based approach for reviewing or auditing balancing accounts periodically to ensure that the transactions recorded in the balancing accounts are for allowable purposes and are supported by appropriate documentation.(c) The commission shall maintain an inventory of the balancing accounts established pursuant to this section.(d) The commission shall require the public utility to record all related costs and revenues in the balancing account, unless those costs or revenues are specifically exempted by the commission.(e) The commission shall adopt balancing account review or audit procedures that are consistent with a risk-based approach.(f) The commission may forgo the review or audit of a balancing account pursuant to this section if an independent auditor has reviewed or audited the balancing account in the preceding five years.(g) (1) (A) Except as specified in paragraph (2), on or before July 1, 2025, the commission shall conduct a comprehensive audit of each wildfire- or emergency-related memorandum or balancing account of each electrical corporation. The commission shall examine whether the actual costs recorded in the accounts were expenses authorized in the electrical corporationss corporations general rate case, whether the electrical corporation complied with the terms that the commission identified when authorizing the costs to be tracked in the account, and the rate impact to customers if all those recorded costs were approved.(B) If the commission determines that any actual costs recorded in an account have already been authorized and collected from customers, the commission shall do both of the following, shall, consistent with Section 739.17: 739.17, deny the electrical corporation a second recovery of the actual costs that have already been authorized and collected from customers.(i)Deny the electrical corporation a second recovery of the actual costs that have already been authorized and collected from customers.(ii)Close the account after granting the electrical corporation recovery of any just and reasonable costs recorded in the account that has not been collected from customers.(2) If the commission is unable to review all the wildfire- or emergency-related memorandum or balancing accounts of each electrical corporation on or before July 1, 2025, the commission shall specify criteria to be used to select accounts that will most impact rates and establish a review schedule prioritizing those high-impact accounts. The review schedule shall be paced in a manner that enables all electrical corporation wildfire- and emergency-related memorandum and balancing accounts to be reviewed, consistent with the criteria in paragraph (1), on or before January 1, 2027. The commission may contract with the California State Auditors Office, the Department of Finance, or another qualified audit or consulting firm for any necessary auditing or review services if the commissions own auditing services are not available.
82+792.5. (a) Whenever the commission authorizes any change in rates reflecting and passing through to customers specific changes in costs, except rates set for common carriers, the commission shall require as a condition of the order that the public utility establish and maintain a balancing account reflecting the balance, whether positive or negative, between the related costs and revenues, and the commission shall take into account by appropriate adjustment or other action any positive or negative balance remaining in the balancing account at the time of any subsequent rate adjustment.(b) The commission shall develop a risk-based approach for reviewing or auditing balancing accounts periodically to ensure that the transactions recorded in the balancing accounts are for allowable purposes and are supported by appropriate documentation.(c) The commission shall maintain an inventory of the balancing accounts established pursuant to this section.(d) The commission shall require the public utility to record all related costs and revenues in the balancing account, unless those costs or revenues are specifically exempted by the commission.(e) The commission shall adopt balancing account review or audit procedures that are consistent with a risk-based approach.(f) The commission may forgo the review or audit of a balancing account pursuant to this section if an independent auditor has reviewed or audited the balancing account in the preceding five years.(g)The commission shall annually determine if each memorandum account and each balancing account of a public utility has achieved its intended purpose in the previous year. If the commission determines that the intended purpose of a memorandum account or balancing account has not been achieved and those costs should not be subject to recovery in the next general rate case, the commission shall deny the public utility recovery of those costs and other expenses and shall reduce the authority of the public utility to use, or close, the memorandum account or balancing account in order to limit future rate increases, consistent with Section 739.14.(g) (1) (A) Except as specified in paragraph (2), on or before July 1, 2025, the commission shall conduct a comprehensive audit of each wildfire- or emergency-related memorandum or balancing account of each electrical corporation. The commission shall examine whether the actual costs recorded in the accounts were expenses authorized in the electrical corporationss general rate case, whether the electrical corporation complied with the terms that the commission identified when authorizing the costs to be tracked in the account, and the rate impact to customers if all those recorded costs were approved.(B) If the commission determines that any actual costs recorded in an account have already been authorized and collected from customers, the commission shall do both of the following, consistent with Section 739.17:(i) Deny the electrical corporation a second recovery of the actual costs that have already been authorized and collected from customers.(ii) Close the account after granting the electrical corporation recovery of any just and reasonable costs recorded in the account that has not been collected from customers.(2) If the commission is unable to review all the wildfire- or emergency-related memorandum or balancing accounts of each electrical corporation on or before July 1, 2025, the commission shall specify criteria to be used to select accounts that will most impact rates and establish a review schedule prioritizing those high-impact accounts. The review schedule shall be paced in a manner that enables all electrical corporation wildfire- and emergency-related memorandum and balancing accounts to be reviewed, consistent with the criteria in paragraph (1), on or before January 1, 2027. The commission may contract with the California State Auditors Office, the Department of Finance, or another qualified audit or consulting firm for any necessary auditing or review services if the commissions own auditing services are not available.
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85-792.5. (a) Whenever the commission authorizes any change in rates reflecting and passing through to customers specific changes in costs, except rates set for common carriers, the commission shall require as a condition of the order that the public utility establish and maintain a balancing account reflecting the balance, whether positive or negative, between the related costs and revenues, and the commission shall take into account by appropriate adjustment or other action any positive or negative balance remaining in the balancing account at the time of any subsequent rate adjustment.(b) The commission shall develop a risk-based approach for reviewing or auditing balancing accounts periodically to ensure that the transactions recorded in the balancing accounts are for allowable purposes and are supported by appropriate documentation.(c) The commission shall maintain an inventory of the balancing accounts established pursuant to this section.(d) The commission shall require the public utility to record all related costs and revenues in the balancing account, unless those costs or revenues are specifically exempted by the commission.(e) The commission shall adopt balancing account review or audit procedures that are consistent with a risk-based approach.(f) The commission may forgo the review or audit of a balancing account pursuant to this section if an independent auditor has reviewed or audited the balancing account in the preceding five years.(g) (1) (A) Except as specified in paragraph (2), on or before July 1, 2025, the commission shall conduct a comprehensive audit of each wildfire- or emergency-related memorandum or balancing account of each electrical corporation. The commission shall examine whether the actual costs recorded in the accounts were expenses authorized in the electrical corporationss corporations general rate case, whether the electrical corporation complied with the terms that the commission identified when authorizing the costs to be tracked in the account, and the rate impact to customers if all those recorded costs were approved.(B) If the commission determines that any actual costs recorded in an account have already been authorized and collected from customers, the commission shall do both of the following, shall, consistent with Section 739.17: 739.17, deny the electrical corporation a second recovery of the actual costs that have already been authorized and collected from customers.(i)Deny the electrical corporation a second recovery of the actual costs that have already been authorized and collected from customers.(ii)Close the account after granting the electrical corporation recovery of any just and reasonable costs recorded in the account that has not been collected from customers.(2) If the commission is unable to review all the wildfire- or emergency-related memorandum or balancing accounts of each electrical corporation on or before July 1, 2025, the commission shall specify criteria to be used to select accounts that will most impact rates and establish a review schedule prioritizing those high-impact accounts. The review schedule shall be paced in a manner that enables all electrical corporation wildfire- and emergency-related memorandum and balancing accounts to be reviewed, consistent with the criteria in paragraph (1), on or before January 1, 2027. The commission may contract with the California State Auditors Office, the Department of Finance, or another qualified audit or consulting firm for any necessary auditing or review services if the commissions own auditing services are not available.
84+792.5. (a) Whenever the commission authorizes any change in rates reflecting and passing through to customers specific changes in costs, except rates set for common carriers, the commission shall require as a condition of the order that the public utility establish and maintain a balancing account reflecting the balance, whether positive or negative, between the related costs and revenues, and the commission shall take into account by appropriate adjustment or other action any positive or negative balance remaining in the balancing account at the time of any subsequent rate adjustment.(b) The commission shall develop a risk-based approach for reviewing or auditing balancing accounts periodically to ensure that the transactions recorded in the balancing accounts are for allowable purposes and are supported by appropriate documentation.(c) The commission shall maintain an inventory of the balancing accounts established pursuant to this section.(d) The commission shall require the public utility to record all related costs and revenues in the balancing account, unless those costs or revenues are specifically exempted by the commission.(e) The commission shall adopt balancing account review or audit procedures that are consistent with a risk-based approach.(f) The commission may forgo the review or audit of a balancing account pursuant to this section if an independent auditor has reviewed or audited the balancing account in the preceding five years.(g)The commission shall annually determine if each memorandum account and each balancing account of a public utility has achieved its intended purpose in the previous year. If the commission determines that the intended purpose of a memorandum account or balancing account has not been achieved and those costs should not be subject to recovery in the next general rate case, the commission shall deny the public utility recovery of those costs and other expenses and shall reduce the authority of the public utility to use, or close, the memorandum account or balancing account in order to limit future rate increases, consistent with Section 739.14.(g) (1) (A) Except as specified in paragraph (2), on or before July 1, 2025, the commission shall conduct a comprehensive audit of each wildfire- or emergency-related memorandum or balancing account of each electrical corporation. The commission shall examine whether the actual costs recorded in the accounts were expenses authorized in the electrical corporationss general rate case, whether the electrical corporation complied with the terms that the commission identified when authorizing the costs to be tracked in the account, and the rate impact to customers if all those recorded costs were approved.(B) If the commission determines that any actual costs recorded in an account have already been authorized and collected from customers, the commission shall do both of the following, consistent with Section 739.17:(i) Deny the electrical corporation a second recovery of the actual costs that have already been authorized and collected from customers.(ii) Close the account after granting the electrical corporation recovery of any just and reasonable costs recorded in the account that has not been collected from customers.(2) If the commission is unable to review all the wildfire- or emergency-related memorandum or balancing accounts of each electrical corporation on or before July 1, 2025, the commission shall specify criteria to be used to select accounts that will most impact rates and establish a review schedule prioritizing those high-impact accounts. The review schedule shall be paced in a manner that enables all electrical corporation wildfire- and emergency-related memorandum and balancing accounts to be reviewed, consistent with the criteria in paragraph (1), on or before January 1, 2027. The commission may contract with the California State Auditors Office, the Department of Finance, or another qualified audit or consulting firm for any necessary auditing or review services if the commissions own auditing services are not available.
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8988 792.5. (a) Whenever the commission authorizes any change in rates reflecting and passing through to customers specific changes in costs, except rates set for common carriers, the commission shall require as a condition of the order that the public utility establish and maintain a balancing account reflecting the balance, whether positive or negative, between the related costs and revenues, and the commission shall take into account by appropriate adjustment or other action any positive or negative balance remaining in the balancing account at the time of any subsequent rate adjustment.
9089
9190 (b) The commission shall develop a risk-based approach for reviewing or auditing balancing accounts periodically to ensure that the transactions recorded in the balancing accounts are for allowable purposes and are supported by appropriate documentation.
9291
9392 (c) The commission shall maintain an inventory of the balancing accounts established pursuant to this section.
9493
9594 (d) The commission shall require the public utility to record all related costs and revenues in the balancing account, unless those costs or revenues are specifically exempted by the commission.
9695
9796 (e) The commission shall adopt balancing account review or audit procedures that are consistent with a risk-based approach.
9897
9998 (f) The commission may forgo the review or audit of a balancing account pursuant to this section if an independent auditor has reviewed or audited the balancing account in the preceding five years.
10099
101-(g) (1) (A) Except as specified in paragraph (2), on or before July 1, 2025, the commission shall conduct a comprehensive audit of each wildfire- or emergency-related memorandum or balancing account of each electrical corporation. The commission shall examine whether the actual costs recorded in the accounts were expenses authorized in the electrical corporationss corporations general rate case, whether the electrical corporation complied with the terms that the commission identified when authorizing the costs to be tracked in the account, and the rate impact to customers if all those recorded costs were approved.
100+(g)The commission shall annually determine if each memorandum account and each balancing account of a public utility has achieved its intended purpose in the previous year. If the commission determines that the intended purpose of a memorandum account or balancing account has not been achieved and those costs should not be subject to recovery in the next general rate case, the commission shall deny the public utility recovery of those costs and other expenses and shall reduce the authority of the public utility to use, or close, the memorandum account or balancing account in order to limit future rate increases, consistent with Section 739.14.
102101
103-(B) If the commission determines that any actual costs recorded in an account have already been authorized and collected from customers, the commission shall do both of the following, shall, consistent with Section 739.17: 739.17, deny the electrical corporation a second recovery of the actual costs that have already been authorized and collected from customers.
102+
103+
104+(g) (1) (A) Except as specified in paragraph (2), on or before July 1, 2025, the commission shall conduct a comprehensive audit of each wildfire- or emergency-related memorandum or balancing account of each electrical corporation. The commission shall examine whether the actual costs recorded in the accounts were expenses authorized in the electrical corporationss general rate case, whether the electrical corporation complied with the terms that the commission identified when authorizing the costs to be tracked in the account, and the rate impact to customers if all those recorded costs were approved.
105+
106+(B) If the commission determines that any actual costs recorded in an account have already been authorized and collected from customers, the commission shall do both of the following, consistent with Section 739.17:
104107
105108 (i) Deny the electrical corporation a second recovery of the actual costs that have already been authorized and collected from customers.
106109
107-
108-
109110 (ii) Close the account after granting the electrical corporation recovery of any just and reasonable costs recorded in the account that has not been collected from customers.
110-
111-
112111
113112 (2) If the commission is unable to review all the wildfire- or emergency-related memorandum or balancing accounts of each electrical corporation on or before July 1, 2025, the commission shall specify criteria to be used to select accounts that will most impact rates and establish a review schedule prioritizing those high-impact accounts. The review schedule shall be paced in a manner that enables all electrical corporation wildfire- and emergency-related memorandum and balancing accounts to be reviewed, consistent with the criteria in paragraph (1), on or before January 1, 2027. The commission may contract with the California State Auditors Office, the Department of Finance, or another qualified audit or consulting firm for any necessary auditing or review services if the commissions own auditing services are not available.
114113
115114 SEC. 3. Section 910.7 of the Public Utilities Code is amended to read:910.7. The commission shall annually provide the Legislature with an update on the status of its review of public utilities memorandum accounts and balancing accounts pursuant to Section 792.5. The update shall include the amount of funds in, and the expenditures from, each memorandum account and each balancing account for each public utility. The commission shall provide this update as part of its annual report published pursuant to Section 910 or by posting it in a conspicuous area of its internet website, or both.
116115
117116 SEC. 3. Section 910.7 of the Public Utilities Code is amended to read:
118117
119118 ### SEC. 3.
120119
121120 910.7. The commission shall annually provide the Legislature with an update on the status of its review of public utilities memorandum accounts and balancing accounts pursuant to Section 792.5. The update shall include the amount of funds in, and the expenditures from, each memorandum account and each balancing account for each public utility. The commission shall provide this update as part of its annual report published pursuant to Section 910 or by posting it in a conspicuous area of its internet website, or both.
122121
123122 910.7. The commission shall annually provide the Legislature with an update on the status of its review of public utilities memorandum accounts and balancing accounts pursuant to Section 792.5. The update shall include the amount of funds in, and the expenditures from, each memorandum account and each balancing account for each public utility. The commission shall provide this update as part of its annual report published pursuant to Section 910 or by posting it in a conspicuous area of its internet website, or both.
124123
125124 910.7. The commission shall annually provide the Legislature with an update on the status of its review of public utilities memorandum accounts and balancing accounts pursuant to Section 792.5. The update shall include the amount of funds in, and the expenditures from, each memorandum account and each balancing account for each public utility. The commission shall provide this update as part of its annual report published pursuant to Section 910 or by posting it in a conspicuous area of its internet website, or both.
126125
127126
128127
129128 910.7. The commission shall annually provide the Legislature with an update on the status of its review of public utilities memorandum accounts and balancing accounts pursuant to Section 792.5. The update shall include the amount of funds in, and the expenditures from, each memorandum account and each balancing account for each public utility. The commission shall provide this update as part of its annual report published pursuant to Section 910 or by posting it in a conspicuous area of its internet website, or both.
130129
131130 SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
132131
133132 SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
134133
135134 SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
136135
137136 ### SEC. 4.