Public utilities: electrical and gas corporations: financial distress: reporting.
What changed between versions
New requirement that electrical or gas corporations submit a financial condition report to the Legislature quarterly (within 30 days of quarter end) whenever they hold a near-distress credit rating, and within 45 days of any commission cost-of-capital decision affecting them, regardless of credit rating.
Detailed content requirements for the financial condition report including: current credit ratings and changes, total executive and director compensation, dividends and share repurchases, board composition and vacancies, wildfire fund participation and insurance changes, financial ratios (debt-to-equity, interest coverage), pending legal claims and insurance gaps, material SEC disclosures, going concern status, a plain-language executive summary of no more than two pages, and any other information the commission deems relevant.
New definitions added: 'cost-of-capital decision' (a final PUC order determining authorized return on equity, cost of debt, and capital structure), 'credit rating agency' (SEC-registered NRSROs including S&P, Moody's, and Fitch), and 'near-distress rating' (BBB by S&P or Fitch, Baa2 by Moody's, or a negative outlook/watch on the rating one notch above that level).
New legislative findings establishing that the Legislature has an interest in receiving timely financial information from utilities before distress reaches a crisis stage, and that requiring plain-language presentation of information already disclosed to the SEC imposes minimal additional burden.
Removed the provision stating it is the intent of the Legislature to enact subsequent legislation relating to bankruptcy proceedings for electrical corporations.
The bill's short title 'Leading with Love Act' was moved from the first section to the last section, and the fiscal committee vote in the digest changed from 'no' to 'yes' while the state-mandated local program designation changed from 'no' to 'yes'.