NEW CALIFORNIA UTILITY CONNECTION TAX WILL HURT RAILROADS AS WELL AS INDIVIDUALS

This tax (see below) will affect both individuals and businesses.  If you are a California railroad, RR museum or switching operator, consider: Every separate utility connection you have (meaning every protected grade crossing) will incur the “connection tax.”  Tell your state legislators to fix this mess.


From the Solar Rights Alliance Newsletter — November 28, 2023 

Why state lawmakers must pass a bill to repeal the Utility Tax
Recap: Proposed Utility Tax will increase bills on millions of people and undermine rooftop solar

Last year, state legislators passed a law requiring all ratepayers to pay a Utility Tax in addition to per kilowatt/hour charges. The utilities and their allies are lobbying for the highest Utility Tax in the nation—between $30 and $70 per month just for being hooked up to the utility. Even a $30 per month Utility Tax will increase bills on millions of households that do not use much electricity. This includes solar users, as well as those without solar who live in apartments, condos, and small homes. Learn more

Lawmakers are starting to speak out against the Utility Tax

In late October, 22 state legislators sent a strongly-worded letter to the CA Public Utilities Commission (CPUC) criticizing the Utility Tax. Lawmakers have also begun speaking out in other ways, like this article (The headline says it all: the Utility Tax is a “mistake that will raise your rates”).

The public does not want a Utility Tax

These actions came on the heels of months of pressure from constituents. That includes scores of people showing up in person to legislators’ town hall meetings to press them on repealing the Utility Tax.

In addition, some lawmakers were moved by evidence showing that even a $30/month Utility Tax would increase electricity bills on millions of households that don’t use a lot of energy—this includes solar users and those who simply live in apartments, condos, and small homes.

The CPUC cannot be trusted with the Utility Tax

It is good that some legislators are publicly speaking out against the Utility Tax. The lawmakers who signed the letter deserve credit. However, the letter addresses the California Public Utilities Commission. And the CPUC will not solve this problem—their actions clearly show that they almost always side with the utilities.

The Utility Tax is the Legislature’s problem to fix—through legislation

The Legislature created the Utility Tax. It is their responsibility to fix it. That means repealing or amending the Utility Tax provision of AB 205 (Section 10) by June 2024. The CPUC is scheduled to approve the Utility Tax in July. That means the legislature must repeal the Utility Tax before then to avert this disaster.

The first step to repeal the Utility Tax is for a legislator to introduce a bill when they get back together in January. To our knowledge, legislators have not yet introduced a bill. Nor has a legislator announced an intention to introduce a bill. So legislators have some work to do.

There is no excuse for inaction

We suspect some state legislators will say that a bill to repeal the Utility Tax may not get enough votes to pass. Or that it is more “realistic” to “work something out” with the CPUC.

Our view: The CPUC’s track record makes it clear that things won’t end well in their hands. Legislators have only two choices. They can pull out all the stops to pass a bill that repeals the Utility Tax they created. Or they can do nothing and face the blame when the the Utility Tax raises electricity bills on millions of their constituents.

STB Issues Proposed Rule Regarding Reciprocal Switching for Inadequate Service

For the full story, click on the following link:
https://www.stb.gov/news-communications/latest-news/pr-23-16/

The STB today, by a unanimous vote, issued a Notice of Proposed Rulemaking (NPRM) in Reciprocal Switching for Inadequate Service, Docket No. EP 711 (Sub-No. 2), which focuses on providing rail customers with access to reciprocal switching as a remedy for poor service. The newly proposed regulations would provide a streamlined path for the prescription of a reciprocal switching agreement when service to a terminal-area shipper fails to meet any of three performance standards: Service Reliability, Service Consistency, or Inadequate Local Service.

The Board’s decision in “Reciprocal Switching for Inadequate Service”, Docket No. EP 711 (Sub-No. 2), is available as a PDF document and may be viewed or downloaded by clicking on the following link: https://dcms-external.s3.amazonaws.com/DCMS_External_PROD/1694087963902/51803.pdf.

Comments on the NPRM are due by October 23, 2023, and reply comments are due by November 21, 2023. Today’s decision also closes Reciprocal Switching, Docket No. EP 711 (Sub-No. 1).

Rail industry sues California board over in-use locomotive rule

For the full story at Progressive Railroading, click on the following link:

https://www.progressiverailroading.com/rail_industry_trends/news/Rail-industry-sues-California-board-over-in-use-locomotive-rule–69491

Below is a short summary of the story:

The AAR and ASLRRA last week filed a federal lawsuit against the California Air Resources Board (CARB) in the Eastern District of California over its new in-use locomotive regulation.

“While the urgency to act is real and unquestionable, CARB uses unreasonable, flawed assumptions to support a rule that will not result in emissions reductions,” said AAR President and CEO Ian Jefferies.

Under the rule, CARB would begin charging railroads operating locomotives within the state billions of dollars annually when the rule is expected to take effect in October.

As a part of the suit, AAR and ASLRRA filed to preliminarily enjoin implementation and enforcement of the rule while the district court considers the case.