53 CPUC 276, 295.) Absent legislative change, or Board of Equalization change, PG&E's taxes are what they are under existing law and the County's proposal will not change that fact. The County must direct its request for relief to the Legislature and the Board, not this Commission. (D.9705088 at 91100.) As in 1997, this Commission is reluctant to require ratepayers to pay for the cost of local government services that are typically paid for by taxpayers, no matter how beneficial those services may be. Absent legislative authorization, utility rates should be used to provide utility services, not government services. While Resolution E3535 subsequently did authorize ratepayer payment to the County and the School District, it is important to take into consideration what happened in between D.9705008 and Resolution E3535. As described in Resolution E3535: After the Commission's Decision was issued, the California Legislature passed into law Chapter 282, section 86600010462, paragraph 3, of Statutes of 1997. This new law states that if PG&E and the County and School District enter into a settlement that resolves claims by the latter parties relating to the effects of AB 1890 (Brulte), enacted 1996, Chapter 854, then PG&E may recover an additional amount, not to exceed $ 10 million, through base rates in 1998. (Resolution E3535 at 3.) In short, there was express legislative authorization for rate recovery for a payment to the community, which was implemented by Resolution E3535. Accordingly, ratepayer funding of the CIMP is not authorized. If legislation specifically directs this Commission to provide ratepayer funding for the CIMP (or a similar payment to the community), the Commission would do
53 CPUC 276, 295.) Absent legislative change, or Board of Equalization change, PG&E's taxes are what they are under existing law and the County's proposal will not change that fact. The County must direct its request for relief to the Legislature and the Board, not this Commission. (D.9705088 at 91100.) As in 1997, this Commission is reluctant to require ratepayers to pay for the cost of local government services that are typically paid for by taxpayers, no matter how beneficial those services may be. Absent legislative authorization, utility rates should be used to provide utility services, not government services. While Resolution E3535 subsequently did authorize ratepayer payment to the County and the School District, it is important to take into consideration what happened in between D.9705008 and Resolution E3535. As described in Resolution E3535: After the Commission's Decision was issued, the California Legislature passed into law Chapter 282, section 86600010462, paragraph 3, of Statutes of 1997. This new law states that if PG&E and the County and School District enter into a settlement that resolves claims by the latter parties relating to the effects of AB 1890 (Brulte), enacted 1996, Chapter 854, then PG&E may recover an additional amount, not to exceed $ 10 million, through base rates in 1998. (Resolution E3535 at 3.) In short, there was express legislative authorization for rate recovery for a payment to the community, which was implemented by Resolution E3535. Accordingly, ratepayer funding of the CIMP is not authorized. If legislation specifically directs this Commission to provide ratepayer funding for the CIMP (or a similar payment to the community), the Commission would do
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