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Pathways to Funding Customer Assistance Programs (CAPs) with Rate Revenue
Stacey Isaac Berahzer
Senior Project Director
Environmental Finance Center at UNC
TUE33 - Easing Rate Shock Through Affordability Programs and Non-Traditional Capital Providers; 06/13/17
AWWA ACE 2017, Philadelphia, PA
Learning Objectives
•Appreciate the dilemma with affordability in rate setting
•Understand the diversity in states’ guidance on CAP design
•Learn options for implementing CAPs even when state law is ambiguous
Dedicated to enhancing the ability of governments and other organizations to provide environmental programs and services in fair, effective, and financially sustainable ways through:
• Applied Research
• Teaching and Outreach
• Program Design and Evaluation
How you pay for it matters!
Work Funded by Seven National Water/Wastewater Associations
Research Team
Independent Legal ExpertsScott Rubin, Advisor
Roger Colton, Advisor
Rates and AffordabilityBackground
Do these rates send the right signals to
our customers, based on our objectives?
Will it provide sufficient cost recovery?
Are we allocating the costs to the
right customers?
What exactly does this include?
Will our customers understand these
rates?
Will our customers be able to pay these rates?
Are we following the
applicable laws?
Will revenues be resilient to changing
water demands?
THE PROCESS OF SETTING RATES
Learn essential background information about rates
Determine critical characteristics of your utility and
community
Design the most
appropriate rate structure
Compute the rates using projected costs
and revenues
Re-evaluate/adjust rate structure to fit primary objectives
Cost-of-Service Study
Rank Your Rate Setting Objectives1. ________
2. ________
3. ________
4. ________
Full cost recovery/ revenue stability
Encouraging conservation
Fostering business-friendly
practices
Maintaining affordability
(keeping rates low – to whom?)
Refer to this list and focus on the highest ranked objectives when following the guidelines for selecting the appropriate rate structure design.
Somewhat subjective
Billing Period
More Frequently Less Frequently(e.g.: Monthly) (e.g.: Quarterly)
Suggestion: Use a monthly billing period if you can afford it
Not as subjective
Affordability – What does your state allow you to do?Research Project
Can a Utility Use its Primary Revenue Source (Rate Revenue) to Fund a CAP?
•52 state legal summaries (includes PR and DC)
•9 case studies of well funded customer assistance programs
•Analysis of other sector approaches
•Analysis of international approaches
June 2017 Publication
https://efc.sog.unc.edu/opportunities-in-affordability-assistance
FINDINGS
Confusing and Ambiguous Legal Framework•Utilities must navigate a complex, confusing and ambiguous legal
framework that varies significantly from state to state
• In many cases, different types of utilities are subject to different rules that result in some utilities within a given state being able to design programs in a way that is prohibited for other types of utilities. e.g. in California: •Government owned utilities = CAPs curbed by restrictive statutory and
constitutional provisions • Investor owned utilities = CAPs encouraged
A Word Cloud Showing the Frequency of Key Terms on Rate Setting in Statutes and Case
Law for All 52 Entities
Can the Utility Use its Primary Revenue Source to Fund a CAP?
•Silence, ambiguous or restrictive language leave many utilities unsure if they can use their rate revenues
•Without the use of rate revenues, most of the CAPs across the country are small and can’t address the total customer need
Categorizing States by Level of Authorization for Affordability Programs Using Rate Revenue
Explicitly Authorized
No Express Authority
Potential for Challenges
Specifically Prohibited
About Public Service Commissions (or Public Utilities Commissions)
•An economic regulatory body in each state
•Governs certain rate setting and billing practices of certain utilities
• Typically, private utilities are regulated, while government owned utilities are not
•But, exceptions abound:• In 5 states and DC, the commission regulates NO water or wastewater utilities• In Wisconsin the commission regulates all of the water utilities (private and
government-owned alike) but very few wastewater utilities
Authorization to Create Affordability Programs Using Rate Revenues
CommissionRegulatedUtilities
Non Commission RegulatedUtilities
Process for Categorizing Each State
Legal database research (state statutes, case
law)
Draft state summary written by
research team
Draft reviewed by experts
and/or commission staff in specific state
Summary revised
Select group of experts rate all 52 summaries
individually
Average of these ratings
* Commission staff feedback trumped other experts in some cases
Commission Regulated Utilities: Ability to Implement CAPS Funded by Ratepayer
Revenues by State
Non Commission Regulated Utilities: Ability to Implement CAPS Funded by Ratepayer Revenues by State
A Few States Have Clarified their Laws to Specifically & Clearly Address Authority to
Establish CAPs from Rate RevenueExamples:•Washington State: created specific laws that outline how these programs can be created•To a lesser extent, states such as Kansas, Kentucky, and Nevada have also been clear that at least some group of water and wastewater utilities can use rate revenue to fund CAPs
Explicit Authorization: Example language from Washington State
•Commission-regulated utilities can request approval from the Commission to provide reduced rates to “low-income senior customers and low-income customers.”
• Further, under the same provision, “expenses and lost revenues as a result of these discounts shall be included in the company’s cost of service and recovered in rates to other customers.” Wash. Rev. Code § 80.28.068.
• The statute specifically addresses an "electrical or gas company," but it also provides for any “other party to a general rate case hearing” and its chapter title is “Gas, Electrical, and Water Companies.”
When State Law is Ambiguous: Options for Implementing CAPs Successfully
•Option 1. At the state level, introduce statutory language that addresses affordability programs in clear, unambiguous terms
•Option 2. Develop an argument for why a CAP conforms to existing statues and is not affected by perceived limitations
•Option 3. Develop an alternative program that does not rely on direct customer rate revenue to fund the assistance to low-income individuals
Utility Case Studies1. City of Atlanta Department of Watershed Management, Georgia
2. California Water Service, California
3. Camden County Municipal Utilities Authority, New Jersey
4. Great Lakes Water Authority and the City of Detroit Water and Sewage Department, Michigan
5. Suez Water and New York American Water, New York
6. City of Portland Water Bureau, Oregon
7. City of Raleigh Public Utilities Department, North Carolina
8. City of Seattle Public Utilities, Washington
9. DC Water and Sewer Authority, District of Columbia
Lessons from Outside the Sector
•Two case studies from other countries show how foreign water and wastewater utilities have addressed some of these issues in clearer ways (e.g. based on household size)
•Two case studies show how the energy and telecommunications sectors have implemented low-income CAPs funded by rate revenue in clearer ways and how this clarity has been facilitated at the national and state levels
Contact Information
Stacey Isaac Berahzer
UNC Environmental Finance Center
Skype: StaceyBerahzer
Twitter: https://twitter.com/staceyib_enviro#wateraffordability