A proposal by Assemblymember Tasha Boerner that would make major changes to the California Public Utilities Commission by amending the state’s constitution has been put on hold by the Encinitas Democrat.
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Her legislation, called Assembly Constitutional Amendment 9, drew attention for its provision that would expand the number of voting members on the commission from five to nine. The proposal also calls for the CPUC to expressly consider affordability when making decisions on utility rates.
But another portion of ACA 9 that garnered less fanfare ran into opposition when the legislation, which passed the Assembly floor in Sacramento last month on a 67-1 vote, moved onto the Senate.
In addition to regulating utilities in the state, the commission’s responsibilities also extend to a host of other items that include telecommunications and broadband. And a chunk of ACA 9 intends to create an office of telecommunications, broadband and digital equity by January 2028 that would be separate from the CPUC.
Multiple groups complained that the amendment erodes CPUC’s oversight authority, unfairly benefits big companies and would lead to a host of potential problems hurting customers in rural as well as urban areas.
“By taking away telecommunications, you disrupt the foundation of all of that regulatory structure,” said Adria Tinnin, director of race equity and legislative policy, at The Utility Reform Network, commonly known as TURN, a consumer group based in Oakland.
Groups that included the California Alliance for Digital Equity and the California Democratic Party Rural Caucus sent letters to the chairs of a pair of Senate committees, voicing opposition to the telecommunications portion of the proposal.
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Boerner on Thursday announced, “I have decided to hold ACA 9 to ensure that I can present the best consumer-protection measure to the voters.”
The proposal had been assigned to the Senate Energy, Utilities and Communications Committee.
In a statement, Boerner said she will continue “these vital conversations” with stakeholders during the fall and intends to move ACA 9 forward in next year’s session.
“The goal for this legislation has always been about good governance and ensuring that the California Public Utilities Commission (CPUC) has the capacity necessary to focus on affordability and protect consumers,” Boerner said.
Before putting a pause on ACA 9, Boerner had hoped to get the proposal through the Legislature by June 25 so that it could get onto the ballot and before voters in time for the general election in November.
Unlike conventional legislation in Sacramento, potential amendments to the state constitution do not require approval or a veto from the Governor’s Office. However, such proposals need to pass with a two-thirds majority in respective Assembly and Senate floor votes.
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