AB 2338 California Assembly · 2025-2026 Regular Session

Electrical corporations and gas corporations: rates: inflation-constrained rate case scenario: standard of review.

Summary
Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations and gas corporations. Existing law authorizes the commission to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. This bill would require the commission to require every electrical corporation or gas corporation, as part of every general rate case application, to submit an inflation-constrained rate case scenario in which cumulative increases in annual expenditures proposed to be authorized in that proceeding do not exceed the projected federal social security beneficiary cost-of-living adjustment, and to compare that inflation-constrained rate case scenario with the primary rate case plan submitted by the corporation. The bill would authorize the commission to authorize expenditures in excess of the inflation-constrained rate case scenario if it determines that the electrical corporation or gas corporation has provided clear and convincing evidence that a higher level of expenditures is necessary to ensure the safe and reliable operation of its electrical system or gas system. The bill would require the commission to apply heightened scrutiny to a request that is not a general rate case application that is submitted by an electrical corporation or gas corporation that is likely to increase total systemwide expenditures beyond the projected federal social security beneficiary cost-of-living adjustment. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the above-described provisions would be part of the act and a violation of a commission action implementing the above-described provisions would be a crime, this 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.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2026
Committee Review
Floor Vote
Governor
Introduced Feb 19, 2026 Last action May 14, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

02/19/26 - Introduced → 03/24/26 - Amended Assembly · 7 edits · Mar 24, 2026
MODERATE
The amendment adds an entirely new section (739.18) to the Public Utilities Code requiring electrical and gas corporations to submit an inflation-constrained rate case scenario in every general rate case, capping proposed expenditure increases at the projected federal Social Security cost-of-living adjustment unless clear and convincing evidence justifies higher spending for safety and reliability. It also applies heightened scrutiny to non-rate-case requests that would push systemwide expenditures above that inflation benchmark. The original POU utility information-sharing provision was cleaned up with minor wording fixes.
Scope change
The bill's scope expanded significantly. It now covers not only local publicly owned electric utilities (original scope) but also all electrical corporations and gas corporations subject to CPUC rate regulation, imposing new rate case filing requirements and heightened scrutiny standards on their expenditure requests.
REQUIREMENT

New Section 739.18 requires every electrical or gas corporation to submit an inflation-constrained rate case scenario in each general rate case, where cumulative annual expenditure increases cannot exceed the projected federal Social Security beneficiary cost-of-living adjustment (COLA). The scenario must include the corporation's highest priority spending needs.

Corporations must compare their inflation-constrained scenario against their primary rate case plan, giving the Commission a side-by-side view of what is needed versus what fits within the inflation cap.

ENFORCEMENT

The Commission may authorize expenditures above the inflation-constrained level only if the corporation provides clear and convincing evidence that higher spending is necessary to ensure safe and reliable operation of its electrical or gas system.

Heightened scrutiny applies to any request (outside a general rate case) submitted by an electrical or gas corporation that is likely to increase total systemwide expenditures beyond the projected federal Social Security COLA.

TECHNICAL

Section 9508.5 was cleaned up: removed a duplicate 'upon request' phrase and a stray letter 'A' at the beginning, resulting in clearer language about POU utilities providing information to the Energy Commission.

Added standard no-reimbursement provision (Section 2) under Article XIII B of the California Constitution, stating no reimbursement is required because costs arise only from creating or changing a crime.

FISCAL

Fiscal notes changed: state-mandated local program is now 'yes' (previously 'no') and fiscal committee review is now 'yes' (previously 'no'), reflecting that the new provisions create a state-mandated local program with criminal penalty implications.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
8
Key actions
3
Committee
6
Amendments
1
May 14, 2026
Lower · Passed
In committee: Held under submission.
lower
May 6, 2026
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
Apr 23, 2026
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 3.) (April 22). Re-referred to Com. on APPR.
lower
Mar 25, 2026
Committee
Re-referred to Com. on U. & E.
lower
Mar 24, 2026
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on U. & E. Read second time and amended.
lower
Mar 23, 2026
Committee
Referred to Com. on U. & E.
lower
Feb 20, 2026
Lower · Passed
From printer. May be heard in committee March 22.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Rhodesia Ransom
Rhodesia Ransom
DDemocratic
CA
13