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California Public Utilities Commission Performance Audit Report

State Controller's Office · 2023-09-saa-csf_californiapublicutilitiescommission_performanceauditreport · State audit · 2023-09-01 · California Public Utilities Commission Performance

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CALIFORNIA PUBLIC UTILITIES COMMISSION Performance Audit Report CALIFORNIA ADVANCED SERVICES FUND PROGRAM January 1, 2019, through December 31, 2021 M M. C ALIA OHEN California State Controller September 2023 MALIA M. COHEN CALIFORNIA STATE CONTROLLER September 25, 2023 Erika Contreras, Secretary of the Senate State Capitol, Room 305 Sacramento, CA 95814 Dear Ms. Contreras: Pursuant to Public Utilities Code (PUC) section 912.2 and an interagency agreement between the State Controller’s Office and the California Public Utilities Commission (CPUC), the State Controller’s Office conducted a performance audit of the California Advanced Services Fund (CASF) Program for the period of January 1, 2019, through December 31, 2021. Our audit determined that:  The CPUC did not consistently implement and administer the CASF Program in accordance with PUC section 281, other applicable laws, rules, and regulations, and CPUC policies and procedures for CASF Program processes.  CASF Program funds were not consistently expended in accordance with the approved terms of grant agreements and PUC section 281.  The CASF Program promotes economic growth, job creation, and the substantial social benefits of advanced information and communications technologies as required by PUC section 281. However, the CPUC has not established a method for measuring and obtaining data about the types and numbers of jobs created as a result of the program. Therefore, we are unable to report these details as required by PUC section 912.2. If you have any questions, please contact Roochel Espilla, Chief, State Agency Audits Bureau, by telephone at (916) 323-5744 or by email at respilla@sco.ca.gov. Sincerely, Original signed by KIMBERLY TARVIN, CPA Chief, Division of Audits KT/ac 300 Capitol Mall, Suite 1850, Sacramento, CA 95814 | P.O. Box 942850, Sacramento, CA 94250 | Fax: 916.322.4404 sco.ca.gov Ms. Erika Contreras September 25, 2023 Page 2 of 3 cc: Sue Parker, Chief Clerk of the Assembly California State Assembly Cara L. Jenkins, Legislative Counsel California Office of Legislative Counsel Alice Busching Reynolds, President California Public Utilities Commission Karen Douglas, Commissioner California Public Utilities Commission Darcie L. Houck, Commissioner California Public Utilities Commission John Reynolds, Commissioner California Public Utilities Commission Genevieve Shiroma, Commissioner California Public Utilities Commission Rachel Peterson, Executive Director California Public Utilities Commission Michelle Morales, Director Administrative Services Division California Public Utilities Commission Lalaine Semana, Chief Accounting Office Administrative Services Division California Public Utilities Commission Shoaib Ur-Rehman, Accounting Administrator II Accounting Office Administrative Services Division California Public Utilities Commission Rob Osborn, Director Communications Division California Public Utilities Commission Maria Ellis, Deputy Director Communications Division California Public Utilities Commission Selena Huang, Program Manager Broadband, Video and Market Branch Communications Division California Public Utilities Commission Angela Young, Senior Analyst Broadband, Video and Market Branch Communications Division California Public Utilities Commission Risa Hernandez, Manager Carrier Oversight and Programs Branch Communications Division California Public Utilities Commission 300 Capitol Mall, Suite 1850, Sacramento, CA 95814 | P.O. Box 942850, Sacramento, CA 94250 | Fax: 916.322.4404 sco.ca.gov Ms. Erika Contreras September 25, 2023 Page 3 of 3 Jonathan Lakritz, Manager Consumer Programs Branch Communication Division California Public Utilities Commission Stacey Matamoros, Chief Client Solutions Section Information Technology Services Division California Public Utilities Commission Hank Brady, Director Office of Governmental Affairs California Public Utilities Commission Amanda Singh, Senior Legislative Consultant Office of Governmental Affairs California Public Utilities Commission Meghan Cook, Associate Legislative Consultant Office of Governmental Affairs California Public Utilities Commission Angie Williams, Director Utility Audits, Risk and Compliance Division California Public Utilities Commission Mariya “Masha” Vorobyova, Assistant Director Utility Audits, Risk and Compliance Division California Public Utilities Commission 300 Capitol Mall, Suite 1850, Sacramento, CA 95814 | P.O. Box 942850, Sacramento, CA 94250 | Fax: 916.322.4404 sco.ca.gov California Public Utilities Commission California Advanced Services Fund Program – Performance Audit Contents Audit Report Summary ............................................................................................................................ 1 Background ........................................................................................................................ 1 Audit Authority .................................................................................................................. 4 Objectives, Scope, and Methodology ............................................................................... 4 Conclusion .......................................................................................................................... 6 Follow-up on Prior Audit Findings .................................................................................. 7 Views of Responsible Officials .......................................................................................... 7 Restricted Use .................................................................................................................... 7 Findings and Recommendations ........................................................................................... 8 Attachment A—2021 California Advanced Services Fund Annual Report Attachment B—California Public Utilities Commission’s Response to Draft Audit Report California Public Utilities Commission California Advanced Services Fund Program – Performance Audit Audit Report Summary The State Controller’s Office (SCO), pursuant to an interagency agreement with the California Public Utilities Commission (CPUC), conducted a performance audit of the CPUC’s California Advanced Services Fund (CASF) Program for the period of January 1, 2019, through December 31, 2021. Our audit determined the following:  The CPUC did not consistently implement and administer the CASF Program in accordance with Public Utilities Code (PUC) section 281, other applicable laws, rules, and regulations, and CPUC policies and procedures for CASF Program processes.  CASF Program funds were not consistently expended in accordance with the approved terms of grant agreements and PUC section 281.  The CASF Program promotes economic growth, job creation, and the substantial social benefits of advanced information and communications technologies, as required by PUC section 281. However, the CPUC has not established a method for measuring and obtaining data about the types and numbers of jobs created as a result of the program. Therefore, we are unable to report these details as required by PUC section 912.2. Background CASF Program History The CPUC implemented the CASF Program on December 20, 2007, when it adopted Decision (D.) 07-12-054, in accordance with PUC section 701. The CPUC allocated $100 million to the CASF Program, funded by a 0.25% surcharge on revenues collected from end-users for intrastate telecommunications services, effective January 1, 2008. CASF Program grants support projects that provide broadband access to unserved and underserved areas of California. The CPUC adopted the CASF Program application requirements, timelines, and scoring criteria for parties to qualify for broadband project funding in Resolution T-17143, issued on June 12, 2008. The CASF Program was given a program sunset date of January 1, 2013, and codified in PUC section 281. Since 2008, the CASF Program has been expanded numerous times by enacted statutes and CPUC decisions. As of December 31, 2021, the following bills have shaped and expanded the CASF Program:  Senate Bill 1040 (Chapter 317, Statutes of 2010) extended the program sunset date to June 30, 2016; authorized the CPUC to collect an additional $125 million from telecommunication ratepayers; and created three subaccounts within the California Advanced Services Fund: the Broadband Infrastructure Grant Account (Infrastructure Account), the Broadband Infrastructure Revolving Loan Account -1- California Public Utilities Commission California Advanced Services Fund Program – Performance Audit (Infrastructure Loan Account), and the Rural and Urban Regional Broadband Consortia Grant Account (Consortia Account).  SB 740 (Chapter 522, Statutes of 2013) added an additional $90 million to the Infrastructure Account, increasing total CASF Program funding to $315 million.  Assembly Bill 1299 (Chapter 507, Statutes of 2013) established the Broadband Public Housing Account (Public Housing Account), which was funded by reallocating $20 million from the Infrastructure Account and $5 million from the Infrastructure Loan Account. Pursuant to AB 1299, any remaining funds not awarded from the Public Housing Account by December 31, 2016, would be returned to the original funding accounts, proportionally.  AB 1665 (Chapter 851, Statutes of 2017) eliminated the Infrastructure Loan Account as of January 1, 2018, and directed that funds remaining in that account be transferred to the Infrastructure Account; extended the Infrastructure Account to include funding to households for line- extension with the aggregate amount of grants awarded not to exceed $5 million (thus creating the Line Extension Program); created the Broadband Adoption Account (Adoption Account); and allocated $300 million to the Infrastructure Account, $10 million to the Consortia Account, and $20 million to the Adoption Account. The additional $330 million of funding was to be collected beginning January 1, 2018, and continuing through the 2022 calendar year.  SB 156 (Chapter 112, Statutes of 2021) amended PUC sections 281, 912.2, and 914.7 and added PUC section 281.2 in order to revise the CASF Program. Specifically, the goal of providing broadband access to no less than 98% of California households by no later than December 31, 2026, was moved from the CASF Program to the Infrastructure Account. SB 156 also implemented the first year of a three-year, $6 billion investment in broadband; and created the Federal Funding Account. This bill also required the CPUC, on or before April 1, 2023, and biennially thereafter, to conduct a fiscal and performance audit of the California Advanced Services Fund.  SB 4 (Chapter 671, Statutes of 2021) amended PUC section 281, extending the goal of the Infrastructure Account to approve funding for infrastructure projects that will provide broadband access to no less than 98% of California households by no later than December 31, 2032, rather than December 31, 2026. The bill also authorized the CPUC, through imposition of a surcharge, to collect up to $150 million per year. California Advanced Services Fund Accounts and Programs Pursuant to PUC section 281(c), five accounts were created within the California Advanced Services Fund, with the following purposes:  Infrastructure Account grants are used to build or upgrade broadband infrastructure in areas that are unserved by existing broadband providers.  Consortia Account grants to regional consortia (typically a group of several contiguous counties) are used to facilitate the deployment of -2- California Public Utilities Commission California Advanced Services Fund Program – Performance Audit broadband infrastructure by assisting infrastructure grant applicants in the project development or grant application process.  Public Housing Account grants and loans to low-income communities (including, but not limited to, publicly supported housing developments and other housing developments or mobile home parks with low-income residents, as determined by the CPUC) are used to build broadband networks offering free broadband service to these communities.  Adoption Account grants are used to provide digital literacy education to communities with limited broadband adoption and free broadband access to community training rooms or other public spaces.  Federal Funding Account grants are used to connect unserved and underserved communities by the applicable federal deadlines by funding last-mile infrastructure projects. Households and property owners that would otherwise not be able to afford line extensions to their properties can apply for grants from the Line Extension Program, which is funded by the Infrastructure Account. California tribes seeking technical assistance (including market studies, feasibility studies, and business plans) to improve voice and broadband communications can apply for money from the Tribal Technical Assistance Grant Program (Tribal Technical Assistance), which is supported by state operations funds from the California Advanced Services Fund. CASF Program Administration CPUC’s Communications Division performs administrative duties related to the CASF Program, including, but not limited to:  Reviewing CASF Program grant applications and recommending approval. Several CPUC decisions assign Communications Division staff members the task of approving applications that meet certain criteria for expedited review;  Reviewing grantee progress and completion reports, and approving grantee payment requests;  Monitoring the Telecommunications and User Fee Filing System for electronic reporting and remittance of surcharges and user fees due to the CPUC from telecommunications corporations and Voice over Internet Protocol providers; and  Processing and validating broadband data collected from California’s service providers, providing expertise related to Geographic Information System mapping for the California Interactive Broadband Map, and managing related consultant contracts. As the lead agency for the California Environmental Quality Act (CEQA), the Infrastructure Planning and CEQA Section of the CPUC’s Energy Division conducts environmental reviews for construction of broadband networks in accordance with CEQA. -3- California Public Utilities Commission California Advanced Services Fund Program – Performance Audit The Accounting Office of the CPUC’s Administrative Services Division is responsible for receiving and disbursing funds, reconciling surcharges recorded in Telecommunications and User Fee Filing System with remittances, and maintaining financial records in FI$Cal in accordance with the State Administrative Manual. California Advanced Services Fund Reporting PUC section 912.2 requires the CPUC to conduct biennial fiscal and performance audits of the California Advanced Services Fund. The reports must also include an update to the maps in the California Broadband Task Force’s final report, data on the types and numbers of jobs created as a result of the CASF Program, and information specified in PUC section 914.7. The CPUC’s annual reports on the California Advanced Services Fund provide the required update to the maps in the California Broadband Task Force’s final report; and other information required by PUC section 914.7, including expenditures, fund recipients, expected benefits, the status of approved projects, broadband adoption levels, efforts to leverage non- California Advanced Services Fund moneys, the California Advanced Services Fund balance, and the projected amount to be collected annually to fund approved projects. All CASF Program reports, including reports on fiscal and performance audits, are made available on the CPUC’s website. The CPUC issued the 2021 California Advanced Services Fund Annual Report in April 2022 (Attachment A). The report covers the period of January 1, 2021, through December 31, 2021. We did not audit the CPUC’s annual report but performed limited procedures necessary to achieve our audit objectives. Audit Authority We conducted this audit at the request of the CPUC, in accordance with an interagency agreement between the SCO and the CPUC; and in accordance with PUC section 912.2, which requires biennial fiscal and performance audits of the California Advanced Services Fund “to ensure that funds have been expended in accordance with the approved terms of the grant awards and loan agreements pursuant to Section 281 or 281.2,” and also requires that the audit findings be reported to the California State Legislature. In addition, Government Code (GC) section 12410 provides the SCO with general authority to audit the disbursement of state money for correctness, legality, and sufficient provisions of law for payment. Objectives, Scope, Our audit objectives were to determine whether: and Methodology  The CPUC adequately implemented and administered the CASF Program in accordance with PUC section 281; other applicable laws, rules, and regulations; and CPUC policies and procedures for CASF Program processes including, but not limited to, awarding grants and loans, denying applications, and prioritizing last-mile broadband access projects; -4- California Public Utilities Commission California Advanced Services Fund Program – Performance Audit  CASF Program funds were expended in accordance with the approved terms of grant agreements and PUC section 281; and  The CASF Program is producing the intended results of promoting economic growth, job creation, and the substantial social benefits of advanced information and communications technologies, as required by PUC section 281. The performance audit period was January 1, 2019, through December 31, 2021. To achieve our audit objectives, we performed the following procedures:  We reviewed reports on prior audits and engagements related to the CASF Program and followed up on any applicable findings.  We gained an understanding of applicable laws, rules, regulations, and CPUC policies and procedures for the CASF Program.  We reviewed the California Advanced Services Fund Annual Reports for calendar years 2019, 2020, and 2021.  We conducted walkthroughs and/or observations and interviewed CPUC staff members to gain an understanding of CASF Program activities, processes, and objectives.  We obtained the Communications Division’s CASF Program master log of awarded and denied grants, and the Accounting Office’s voucher listing of grant payments made during the audit period.  Upon gaining an understanding of internal controls over the processing of CASF Program grant applications, we judgmentally selected grant applications from the CASF Program master log for testing to determine whether they were properly approved or denied in accordance with PUC section 281 and other applicable laws, rules, regulations, and policies and procedures. We tested the following: o Infrastructure Account—10 of 44 approved applications; o Consortia Account—four of 13 approved applications; one of five denied applications; o Adoption Account—14 of 172 approved applications; two of 13 denied applications; o Public Housing Account—three of three approved applications; two of 14 denied applications; and o Tribal Technical Assistance—six of 30 approved applications; two of two denied applications. Errors found were not projected to the intended (total) population.  Upon gaining an understanding of internal controls over the processing of CASF Program progress payments, we judgmentally selected payments from the Accounting Office’s voucher listing for testing to determine whether CASF Program funds were expended in -5- California Public Utilities Commission California Advanced Services Fund Program – Performance Audit accordance with approved terms of the grant agreements, PUC section 281, and other applicable laws, rules, regulations, and policies and procedures. We tested the following: o Infrastructure Account—27 of 60 payments ($44,923,003 of $60,403,387); o Consortia Account—11 of 99 payments ($786,400 of $2,809,429); o Adoption Account—21 of 138 payments ($6,359,520 of $7,753,958); and o Public Housing Account—18 of 182 payments ($790,866 of $3,523,560). Errors found were not projected to the intended (total) population.  We determined whether broadband availability and adoption data and maps were updated promptly and accurately.  We gained an understanding of and evaluated the CPUC’s process for collecting, validating, and analyzing data related to broadband service, including information about the speed, quality, and availability of broadband service.  We determined whether the CPUC was properly tracking data on the types and numbers of jobs created as a result of the CASF Program. We did not audit the CPUC’s financial statements. We limited our audit scope to planning and performing audit procedures necessary to achieve our audit objectives. Our consideration of internal control was limited to gaining an understanding of the transaction flows and financial management system, and determining the auditing procedures that were appropriate under the circumstances for the purpose of providing a conclusion based on our audit objectives. We conducted this performance audit in accordance with generally accepted government auditing standards. Those standards require that we plan and perform the audit to obtain sufficient, appropriate evidence to provide a reasonable basis for our findings and conclusions based on our audit objectives. We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based on our audit objectives. Conclusion Our audit determined the following:  The CPUC did not consistently implement and administer the CASF Program in accordance with PUC section 281, other applicable laws, rules, and regulations, and CPUC policies and procedures for CASF Program processes. We found the following instances of noncompliance: o The CPUC approved Infrastructure Account grant applications that did not meet the minimum performance criteria described in the program guidelines. Specifically, four of the 10 grant applications that we examined stated that affordable broadband -6- California Public Utilities Commission California Advanced Services Fund Program – Performance Audit plans would be offered to low-income customers; however, the applicant limited eligibility by using a definition of “low-income customers” that did not comply with the CPUC’s program guidelines (see Finding 1). o The CPUC did not verify that one consortium met annual audit requirements (see Finding 2). o The CPUC approved an Adoption Account grant application that did not meet expedited review criteria and miscalculated three grant budget amounts (see Finding 3).  CASF Program funds were not consistently expended in accordance with the approved terms of grant agreements and PUC section 281, resulting in improper payments totaling $638,106; and we were unable to verify that certain grantee reimbursements, totaling $4,353,033 were actual expenditures directly related to grant activities because the grantees did not submit adequate supporting documentation (see Findings 1, 2, 3, and 4); and  The CASF Program promotes economic growth, job creation, and the substantial social benefits of advanced information and communications technologies as required by PUC section 281. However, the CPUC has not established a method for measuring and obtaining data about the types and numbers of jobs created as a result of the program. Therefore, we are unable to report these details as required by PUC section 912.2 (see Finding 5). Follow-up on The CPUC has satisfactorily resolved the findings noted in our prior audit Prior Audit report for the period of January 1, 2016, through December 31, 2018, reissued on April 13, 2021. Findings Views of We issued a draft report on July 17, 2023. CPUC representatives Responsible responded by letter dated August 10, 2023. The CPUC agreed with the audit results, and indicated that it has taken steps to correct the noted Officials deficiencies. This final audit report includes the CPUC’s response as Attachment B. Restricted Use This report is solely for the information and use of the California State Legislature, the CPUC, and the SCO; it is not intended to be, and should not be, used by anyone other than these specified parties. This restriction is not intended to limit distribution of this audit report, which is a matter of public record and is available on the SCO website at www.sco.ca.gov. Original signed by KIMBERLY TARVIN, CPA Chief, Division of Audits September 25, 2023 -7- California Public Utilities Commission California Advanced Services Fund Program – Performance Audit Findings and Recommendations FINDING 1— Some grant applications did not meet program criteria Inadequate The CPUC approved 44 Infrastructure Account grant applications, for a controls over the total awarded amount of $138,580,482, during the audit period. We Infrastructure judgmentally selected 10 of the 44 approved grant applications for testing. Account resulting We determined that the CPUC had approved four grant applications, all in noncompliance submitted by the same applicant, that did not meet the minimum with program performance criteria described in the CASF Program guidelines. guidelines and improper and The program’s criteria require that applicants offer affordable broadband questioned plans to households with incomes that would qualify for the California Alternate Rates for Energy program. Instead, the applicant limited payments eligibility to households that qualified for the National School Lunch Program, the Community Eligibility Provision of the National School Lunch Program, or the Supplemental Security Income program for senior citizens. The applicant could have offered affordable broadband plans to more low-income families if it had complied with the CASF Program definition of “low-income customers.” Review process for payment requests needs improvement The CPUC processed 60 payments, totaling $60,403,387, from the Infrastructure Account during the audit period. We judgmentally selected 27 payments, totaling $44,923,003, for testing. Each of the 27 payments included numerous reimbursement requests for expense items such as labor, equipment, supplies, and services. We found that the CPUC made improper payments of $583,646 to one grantee because the grantee had included the same costs on multiple invoices. We also identified payments, totaling $3,774,798, for which CPUC should have obtained additional or alternative supporting documentation prior to payment. Because additional or alternative supporting documents were not available for review, we could not determine whether the costs were allowable. The CPUC lacked an adequate review process to ensure that payments were properly reviewed and adequately supported. According to CPUC staff members, payment requests were reviewed by an analyst, a senior telecommunications engineer, and the supervisor. However, we found no documentation to support this review process. Improper payments We noted that the CPUC made an $8,567,534 payment to one grantee; this amount included $583,646 for which the grantee did not provide supporting documentation. We found that the unsupported amount consisted of two payment requests—one for $261,977 and one for $321,669—that the grantee had included on previous invoices and that the CPUC had already paid. As a result, the CPUC made a total of $583,646 in improper payments to this grantee. The CPUC did not know that these duplicate payments had been made until we identified them during our audit. CPUC representatives informed us that the CPUC had offset the improper payment with future amounts owed and stated that total -8- California Public Utilities Commission California Advanced Services Fund Program – Performance Audit payments to the grantee did not exceed the total grant amount. We did not conduct any additional audit procedures related to the offset as the offset occurred in a future audit period outside of the scope of this review. Lack of adequate supporting documentation We found that $3,774,798, or 8.4% of the $44,923,003 in payments that we tested, had been approved without adequate documentation or justification to support that the expenditures had been incurred for CASF Program projects. The following table summarizes the payments lacking adequate support (amounts are rounded to the nearest dollar): Payments Lacking Adequate Support Amount Expenditures supported only by general ledger data $1,060,792 Pro-rated and unsupported expenditures 1,324,525 Unsupported handling fee 1,389,481 Total $3,774,798 Expenditures supported only by general ledger data CPUC staff members considered general ledgers to be adequate support for payment. Although general ledgers compile and summarize financial transactions, they do not replace source documents demonstrating that the expense occurred, was recorded accurately, and was associated with an approved CASF Program project. The CPUC paid $1,274,839 based on information reported in general ledgers. The CPUC did not request supporting documentation before approving payment. During the audit, the CPUC requested invoices from the grantee and provided support for $214,047 reported in the general ledgers. This reduced the questioned costs to $1,060,792. Pro-rated and unsupported expenditures The CPUC approved pro-rated and unsupported payments, totaling $1,324,525. These payments also lacked adequate documentation or justification. For example, the CPUC reimbursed pro-rated amounts (50% of costs) for expenses such as office rent, cellphones, fuel, and vehicle expenses although the grantee provided no justification for the pro rata calculations. CPUC staff members indicated that the costs had been deemed valid and that the costs were within the total project budget. However, costs that are deemed valid must be adequately supported and justified. Unsupported handling fee We questioned whether the CPUC should have approved the reimbursement of a 10% handling fee per invoice for a grantee responsible for two CASF Program projects that we tested. These 10% charges were in addition to project management costs, administrative staff costs, and hourly review and support charges per invoice. CPUC staff members informed us that the 10% handling fee was considered part of the projects’ -9- California Public Utilities Commission California Advanced Services Fund Program – Performance Audit administrative costs. However, we reviewed the proposed budgets for the two projects and did not identify any proposed indirect or administrative costs in the budget. CPUC staff members allowed the charges because the total reimbursed was less than approved project budget. CPUC staff members indicated that as of 2020, the CPUC is no longer allowing the grantee to charge a 10% handling fee because projects are now eligible for 90-100% funding, instead of 60%. However, the percentage of funding should not determine whether the CPUC allows grantees to charge additional fees. We tested eight payments, totaling $13,894,810, with the 10% handling fee, and we questioned $1,389,481 in reimbursed handling fees. GC sections 13400 through 13407 require state agencies to establish and maintain internal controls, a system of policies and procedures adequate to ensure compliance with applicable laws and other requirements, and including an effective system of internal review. Appendix 1, Section 6, “Performance Criteria,” of CPUC D.18-12-018, states: At a minimum, all CASF Infrastructure projects must meet the performance criteria outlined below:  Project Completion: All CEQA-exempt projects must be completed within 12 months, and all other projects shall be completed within 24 months after receiving authorization to construct.  Pricing: All applicants shall commit to serve customers in the project area at the prices provided in the application for two years after completion of the project.  Speeds: All households in the proposed project areas must be offered a broadband Internet service plan with speeds of at least 10 Mbps [megabits per second] download and 1 Mbps upload.  Latency: All projects shall provide service at a maximum of 100 ms [milliseconds] of latency.  Data Caps: All projects implementing data caps shall provide a minimum of 190 GBs [gigabytes] per month.  Affordability: All projects shall provide an affordable broadband plan for low-income customers. Appendix 1, Section 3., “Definitions” of CPUC D.18-12-018, states, in part: “Low-income areas” means areas identified by the median income within a Census Block Group having median income less than the CARE [California Alternate Rates for Energy program] standard for a household of 4, which will be updated annually. Through May 31, 2019, this value is $50,200. -10- California Public Utilities Commission California Advanced Services Fund Program – Performance Audit Appendix A, Section 6. “Performance Criteria,” of CPUC D.21-03-006, states: At a minimum, all CASF Infrastructure projects must meet the performance criteria outlined below:  Project Completion: All CEQA-exempt projects must be completed within 12 months, and all other projects shall be completed within 24 months after receiving authorization to construct.  Pricing: All applicants shall commit to serve customers in the project area at the prices provided in the application for two years after completion of the project.  Speeds: All households in the proposed project areas must be offered a broadband Internet service plan with speeds of at least 10 Mbps download and 1 Mbps upload.  Latency: All projects shall provide service at a maximum of 100 ms of latency.  Data Caps: All projects implementing data caps shall provide a minimum of 190 GBs per month.  Affordability: All projects shall provide an affordable broadband plan for low-income customers. Appendix A, Section 3., “Definitions” of CPUC D.21-03-006, states, in part: “Low income customers” are households with incomes that would qualify for California Alternate Rates for Energy (CARE) pursuant to Pub. Util. Code §739.1(a) and D.16-11-022 at 18 (or as updated in a successor decision). As noted above, for a household of four the income threshold is $52,400 through May 31, 2021. The threshold is updated regularly in the CARE proceeding, A.19-11-003, et.al. Appendix 1, Section XI., “Payment” of CPUC D.12-02-015 states, in part: Payment will be based upon receipt and approval of invoices/other supporting documents showing the expenditures incurred for the project in accordance with the CASF funding submitted by the CASF recipient in their application. Appendix 1, Section 14., “Payment,” of CPUC D.18-12-018 states, in part: . . . Payments are based on submitted receipts, invoices, and other supporting documentation showing expenditures incurred for the project in accordance with the approved CASF funding budget included in the CASF grantee’s application. Recommendation We recommend that the CPUC:  Provide adequate oversight to ensure that staff members approve grant applications and process payments from the Infrastructure Account that comply with program requirements and PUC section 281;  Establish adequate internal controls to ensure that payments are adequately supported and comply with program requirements established by PUC section 281 and the CPUC; -11- California Public Utilities Commission California Advanced Services Fund Program – Performance Audit  Review payments to identify any additional improper payments and recover any improper payments made to grantees; and  Improve procedures to adequately document the review and approval process. Review process for payment requests needs improvement FINDING 2— Inadequate The CPUC processed 99 payments, totaling $2,809,429, from the controls over the Consortia Account during the audit period. We judgmentally selected Consortia Account 11 payments, totaling $786,400, for testing from three (out of the 13 total) resulting in approved consortia grant applications. We found expenses not in noncompliance accordance with program guidelines and a lack of adequate supporting with program documentation, resulting in improper and questioned payments totaling guidelines and $286,443. improper and questioned Each of the 11 payments that we tested included numerous reimbursement payments requests for expense items such as labor, services, supplies, conferences, and travel. We found that eight of the 11 payments included expenses that were not directly related to consortia activities, resulting in improper payments, totaling $1,449, and $284,994 in expenses for which the CPUC should have obtained additional documentation and explanation prior to reimbursement. The items of expense needing additional documentation were reimbursements to Consortia A and B. The following table shows, by Consortium, amounts tested, improper payment amounts, and questioned payment amounts (amounts are rounded to the nearest dollar): Amount Amount Improper Questioned Consortia Paid Tested Payments Payments Consortium A $ 299,999 $ 299,999 $ 1,449 $ 275,994 Consortium B 248,210 248,210 - 9,000 Consortium C 238,191 238,191 - - Total $ 786,400 $ 786,400 $ 1,449 $ 284,994 Improper payments Consortium A claimed $1,449 in purchases that were not directly related to allowable consortia activities. For example, Consortium A classified a desk fan, an iPhone case, a desk chair, a USB hub, and a surge protector under the activity of assisting infrastructure applicants in the project development or grant application process; and it classified a floor lamp under the activity of identifying potential CASF Program infrastructure projects. These items are not directly related to either of the activities mentioned, and therefore are not allowable expenses. Lack of adequate supporting documentation Consortium A requested $112,500 in start-up costs consisting of consulting services, supplies, and website administration costs. The Consortium’s Work Plan required it to document start-up activities in a -12- California Public Utilities Commission California Advanced Services Fund Program – Performance Audit Start-up Period Report submitted no later than three months after completing the start-up activities. However, Consortium A did not submit the required Start-up Period Report; nor did it provide adequate documentation in place of the Start-up Period Report to support that the costs were related to approved grant activities. Consortium A provided invoices. However, without other documentation to demonstrate that the costs were for approved grant activities, we could not determine the validity, accuracy, and propriety of these start-up costs. As a result, we questioned the entire $112,500. We also questioned $163,494 in progress payments for the following reasons:  Consortium A submitted several invoices, totaling $151,358 that lacked adequate supporting documentation. All consultant invoices included only a basic description, with no additional documentation to support the charges. The Consortium’s executive director received $124,108 in addition to $82,000 in start-up costs. The invoices for the executive director’s services included only the description “CASF Grant Implementation and Coordination Services.” The invoices for the director’s services did not include the number of hours worked or a description of tasks performed. The description on two other consultants’ invoices were “Support Services” and “Support services for Broadband Implementation Project.” There was no detailed description of what services were provided, when the services were provided, or a timesheet to support the hours charged. Another invoice with the description “Website Administration,” at $8,000, was submitted without additional details or supporting documentation. We also noted that the owner of the website administration company was related to the Consortium’s executive director. CPUC staff members did not question the invoices or request additional information to substantiate the charges.  Consortium A’s executive director made purchases, totaling $12,136, that we could not verify were directly related to the CASF Program. The executive director purchased items such as antivirus protection; Zoom; Dropbox; subscriptions to the Wall Street Journal, The Washington Post, The New York Times, Los Angeles Times, Los Angeles Business Journal, Desert Sun, and The Press Enterprise; printer paper, ink cartridges, and toner, in addition to billing printing costs. Although these purchases may have been used for CASF Program consortia activities, we question whether the CPUC should have allowed full reimbursement for these indirect costs. In addition, some subscriptions were associated with the executive director’s personal or consulting business email address. CPUC did not have any policies or procedures regarding indirect costs associated with consortia activities, and CPUC staff members considered all indirect costs to be allowable. Consortium B budgeted $6,000 for yearly indirect costs in its application. The Consortium billed $3,000 in each biannual progress payment, but did not provide any support for the calculation of its indirect costs. CPUC staff members did not request supporting documentation for indirect costs because the amount did not exceed the $6,000 approved in the annual budgets. Consortium B’s budget specified that the indirect costs were -13- California Public Utilities Commission California Advanced Services Fund Program – Performance Audit associated with producing the semi- annual and annual progress reports and submitting payment requests. However, these specific tasks could have been separately accounted for as direct costs. We question the $9,000 reimbursed for indirect costs due to a lack of supporting documentation. Lack of adequate review The lack of adequate review by CPUC staff members allowed Consortium A to bill and receive more than the maximum funding of $150,000 for its first year. The Consortium received $265,086 for the first year of the grant period, $115,086 more than the maximum funding allowed. Although CPUC limited reimbursements for the second year to $34,913, the payments did not comply with the budgets from Consortium A’s approved annual work plans. Oversight and administrative issues should be addressed We also identified oversight and administrative issues with Consortium A that CPUC should address with the Consortium. Consortium A acts as its own fiscal agent, resulting in reduced program oversight and a greater risk of the improper use of grant funds. In addition, Consortium A did not meet its annual audit requirements. Reduced program oversight Each regional consortium is required to retain at least one fiscal agent to represent it when sponsoring an application, administering fiscal activities, receiving and dispersing funds, and ensuring that it is complying with the approved terms of a grant agreement. A fiscal agent may be a local public institution, a town, or a certified telecommunications carrier. Consortium A submitted a request to act as its own fiscal agent, and the CPUC’s Communications Division Director approved the request on April 27, 2021. Although the CASF Program guidelines do not explicitly state that a consortium cannot act as its own fiscal agent, approving Consortium A’s request increased the risks associated with a lack of segregation of duties. As a result of the CPUC allowing Consortium A to act as its own fiscal agent, the Consortium’s executive director became the responsible individual for fiscal agent duties, including performing administrative tasks such as record keeping, in addition to being the Project Manager responsible for completing the majority of activities noted on the annual work plan. Consortium A’s executive director was therefore able to review and approve invoices, maintain records, receive and disburse funds, ensure that the Consortium was complying with the approved terms of the grant agreement, and provide consulting services. Personnel costs previously budgeted for the previous fiscal agent’s two employees and a travel budget totaling $22,400 were reallocated to the executive director’s budget. Consulting services billed to the CASF Program grant were provided by three individuals for the entire grant period. These individuals, one of whom was the executive director, were on Consortium A’s Executive Committee when the Consortium became its own fiscal agent. Therefore, -14- California Public Utilities Commission California Advanced Services Fund Program – Performance Audit members of the Executive Committee were able to review and approve one another’s invoices and purchases. The lack of adequate segregation of duties increases the risks that noncompliance with program guidelines will not be prevented, detected, or corrected on a timely basis. Annual audit requirements not met Consortium A’s grant was approved for three years starting on November 1, 2019. Therefore, the annual audit of its expenditures should be from November 1 to October 31 of each year in the grant period. Consortium A’s annual audits did not meet the requirements for the first two years of the grant period. Grant Year 1 (November 1, 2019, through October 31, 2020) An audit for the fiscal year ended June 30, 2020, was conducted on the fiscal agent’s financial statements instead of on Consortium A’s expenditures. Per CPUC D.18-10-032 (section 2.5.2, “Discussion”), “a general audit of the fiscal agent’s overall organization would not fulfill the annual audit required by Pub. Util. Code, §281(g)(2).” In addition, the annual audit report submitted by Consortium A did not meet statutory requirements. PUC section 281 requires a description of activities completed during the prior year, how each activity promotes the deployment of broadband services, and the cost associated with each activity; and the number of project applications for which the Consortium provided assistance. CPUC staff members did not request these items before approving the annual year-end payment request. Grant Year 2 (November 1, 2020, through October 31, 2021) Consortium A received $149,893 from the CPUC for its Grant Year 2 expenses. During our audit, we noted an unexplained difference between the reimbursement amount for Grant Year 2 and the expenses disclosed in the Consortium’s audited annual financial report for the same period. We learned that the CPUC had not received the Consortium’s complete audited annual financial report; instead, it received only the auditor’s opinion page. We requested and received the entire audited annual financial report. The report disclosed $60,111 in grant revenues and $60,153 in total expenses. The related notes to the financial statements indicated that 65% of Consortium A’s grant revenue was from the Southern California Association of Governments and 35% was from CPUC. Therefore, only $21,039 of the revenues was related to the CASF Program. Section VIII.A., “Disbursement of Grant Funding,” of the CPUC’s Administrative Manual (Version 7, April 2019) for consortia grants states, in part: A grant recipient may request reimbursement of start-up costs up to 25% of entire approved grant [amount] prior to its first Bi-annual Progress Payment Request. If a grant recipient requests an initial start-up cost payment, then a Start-Up Period Report is required. Such request must -15- California Public Utilities Commission California Advanced Services Fund Program – Performance Audit be supported by documentation, e.g. receipts, invoices, quotes, etc. The Start-Up Period Report must be submitted no later than three months after the completion of the start-up activities. Subsequent disbursements are on a bi-annual progress report-review basis. Appendix 1, Section 1.2, “Amount Available for Grants,” of CPUC D.18-10-032 states, in part: Amount of Grant Funding Allocations . . . the Commission [CPUC] will continue to award grants based only upon the budgeted level of program activities approved for each Consortium, subject to a maximum funding cap of $150,000 per year per Consortium. . . . Where an application seeks multi-year funding, however, the application must still present year-by-year annual Work Plans and budgets. . . . Appendix 1, Section 1.4, “Account Objective and Allowable Activities” of CPUC D.18-10-032 states, in part: Consistent with the revised objective, the Commission will fund grantees for activities consistent with the statutory mandate specified in Pub. Util. Code §281:  Collaborating with the Commission to engage regional consortia, local officials, internet service providers (ISPs), stakeholders, and consumers regarding priority areas and cost-effective strategies to achieve the broadband access goal.  Identifying potential CASF infrastructure projects, along with other opportunities, where providers can expand and improve their infrastructure and service offerings to achieve the goal of reaching 98% broadband deployment in each consortia region.  Assisting infrastructure applicants in the project development or grant application process.  Conducting activities such as the following, as long as they lead to infrastructure applications: o Support project permitting activities. o Engaging local government officials and communities to better understand and explain regional broadband needs and solutions. o Conducting an inventory of public assets (e.g. rights-of-ways, publicly owned towers, public utility poles, equipment housing, publicly owned property) and aggregate demand, including speed tests and the identification and updates of priority areas.  Assisting the Commission in publicizing requests for wireline testing volunteers in areas, as needed. . . . The CASF program will only fund consortia activity directly related to and in support of infrastructure applications. Appendix 1, Section 1.13, “Payment,” of CPUC D.18-10-032 states “All requests for progress payments and reimbursements must be supported by documentation, e.g., receipts, invoices, quotes, etc.” -16- California Public Utilities Commission California Advanced Services Fund Program – Performance Audit PUC section 281(g)(2) states: Each consortium shall conduct an annual audit of its expenditures for programs funded pursuant to this subdivision and shall submit to the commission an annual report that includes both of the following: (A) A description of activities completed during the prior year, how each activity promotes the deployment of broadband services, and the costs associated with each activity. (B) The number of project applications assisted. Recommendation We recommend that the CPUC:  Establish adequate internal controls to ensure that payments are adequately supported and comply with program requirements established by PUC section 281 and the CPUC;  Develop policies and procedures, and provide adequate managerial review to ensure that grant payments from the Consortia Account comply with CASF Program requirements and PUC section 281;  Recover the improper payments made to Consortium A;  Establish adequate internal controls to ensure that consortia meet the annual audit requirements of PUC section 281(g)(2); and  To reduce the risks associated with a lack of segregation of duties, reconsider allowing Consortia A to act as its own fiscal agent. FINDING 3— Improper grant applications Inadequate The CPUC approved 172 Adoption Account grant applications, with a controls over the total awarded amount of $14,655,648, during the audit period. We Adoption Account judgmentally selected 14 of the 172 approved grant applications for resulting in testing. We identified one grant application that was improperly approved noncompliance by expedited review and three grant budget amounts that were with program miscalculated. guidelines and improper and To receive a grant by expedited review, applicants must propose to serve questioned low-income populations. Projects that do not meet this criteria must be payments approved by the CPUC via resolution. The grant application indicated that the median income level of the community was $98,953, and that the project would not serve a low-income community. Therefore, this project should have been approved by the CPUC via resolution. In addition, CPUC staff members miscalculated three grant budget amounts, overstating the funding amount allowable for the related projects by approximately $47,784. CPUC staff members erroneously included costs funded by other sources in the budget, and calculated a staffing and labor budget amount that exceeded the 85% limit for budget line items. We found no indication that the calculated budget amounts were subject to secondary or supervisory review. -17- California Public Utilities Commission California Advanced Services Fund Program – Performance Audit Review process for payment requests needs improvement The CPUC processed 138 payments, totaling $7,753,958, from the Adoption Account during the audit period. We judgmentally selected 21 payments, totaling $6,359,520, for testing. Each of the 21 payments included numerous reimbursement requests for expense items such as labor, equipment, services, and costs for COVID-19 mitigation efforts. We found that 12 of the 21 payments included improper payments totaling $31,226, and $293,241 in payments that lacked adequate supporting documentation. Improper payments The CPUC reimbursed two grantees for items that were not in their approved budgets, resulting in unallowable costs of $29,060. These unallowable costs were for the purchase of advertising software and mobile storage units. In addition, the CPUC allowed 100% reimbursement of purchase costs up to $750 for in-classroom computing devices and up to $150 for take-home computing devices. However, the CASF Program guidelines allow reimbursement of up to 85% of eligible program costs. We found that the CPUC improperly paid approximately $2,166 due to this reimbursement method and other calculation errors. Lack of adequate supporting documentation In addition, the CPUC reimbursed a grantee $34,304 for costs that were supported by documentation of questionable validity. An invoice from the grantee included purchases of 15 Chromebooks with minimum system specifications (Intel Celeron, 4GB RAM) at a unit price of $750. The price of a basic Chromebook is generally less than $400. Additional review and follow-up should have been performed before payment. In addition, invoices for furnishings and printers were from home-based businesses. We questioned these costs because we could not determine the validity of the invoices provided by the grantee. Based on the invoices, one of the vendors and the grantee had the same address, which appears to be a co- working space. In addition, the cost of items on the invoice appears to be significantly higher than market price. In five of the 21 payments tested, we found that the CPUC had reimbursed $258,937 for staffing and labor costs that included only grantee-provided spreadsheets as supporting documentation. Although some spreadsheets included the total hours by employee or classification and the billing rates, the spreadsheets were not supported by timesheets, and the billing rates were not predetermined by the grant/contract. Furthermore, the reimbursement request lacked adequate details of the tasks performed by the employees and how their time related directly to grant activities. We could not trace the staffing and labor costs documented in grantee- provided spreadsheets to source documents such as timesheets, payroll records, or paystubs. Due to the lack of adequate supporting documentation, we could not verify whether the staffing and labor expenditures were incurred and directly related to grant activities. -18- California Public Utilities Commission California Advanced Services Fund Program – Performance Audit GC sections 13400 through 13407 require state agencies to establish and maintain internal controls, including a system of policies and procedures adequate to ensure compliance with applicable laws and other requirements, and an effective system of internal review. Appendix 1, Section 1.6, “Eligible Projects,” of CPUC D.19-02-008 states, in part: The Commission may fund up to 85 percent of the eligible program costs and may reimburse the following: a. Education and outreach efforts (including travel, up to 10% of approved grant amount) and materials; b. Acceptable computing devices (does not include smartphones) within limits; o In-classroom computing devices o Take home computing devices (for Digital Literacy projects only); c. Software; d. Printers; e. Routers; f. Provision of technical support for the computing devices subsidized through this program; g. Desks and chairs to furnish a designated space for digital literacy or broadband access; h. For Digital Literacy Projects, gathering, preparing, creating and distributing digital literacy curriculum; and i. Staff including digital literacy instructors, staff for monitoring the designated space, or staff for administering call centers (if applicable). Note 17 to Appendix 1, Section 1.6, “Eligible Projects,” specifies that the 85 percent cap applies to individual budget line items in addition to the overall budget. Appendix 1, Section 1.7, “Subsidy Levels,” of CPUC D.19-02-008 states, in part: The Commission may fund up to 85 percent of the eligible program costs listed [in Section 1.6]. Reimbursement for computing devices used in community training rooms or other public space, such as local government centers, senior centers, schools, public libraries, nonprofit organizations, and community-based organizations, [is] limited to $750 per device, with a cap of 15 devices per designated space or project. . . . . . . Reimbursement for take-home computing devices [is] capped at $150 per device, limited to one computing device per eligible household, and limited to $10,000 per application/project location. . . . -19- California Public Utilities Commission California Advanced Services Fund Program – Performance Audit Appendix 1, Section 1.11, “Expedited Review,” of CPUC D.19-02-008 states, in part: Projects meeting the below criteria may be eligible for expedited review. The Commission assigns staff the task of approving applications that meet all of the following criteria: a. Applicant is proposing to serve a low-income population. . . . Appendix 1, Section 1.15, “Payment,” Item f., of CPUC D.19-02-008, states: Payment will be based upon receipt and approval of invoices and other supporting documentation showing [that] the expenditures incurred for the project are in accordance with their approved application and budget. Recommendation We recommend that the CPUC:  Establish adequate policies and procedures to ensure that payments are adequately supported and comply with program requirements established by PUC section 281 and the CPUC;  Provide adequate managerial review to ensure that grant approvals and payments from the Adoption Account comply with CASF Program requirements and PUC section 281; and  Recover any improper payments made to grantees. Review process for payment requests needs improvement FINDING 4— Inadequate AB 1299 (Chapter 507, Statutes of 2013) made available $20 million for controls over the Public Housing Account grants and loans to finance publicly supported Public Housing community (PSC) infrastructure projects, and $5 million to finance PSC Account resulting adoption projects. Since October 2018, the entire $5 million allocated for in noncompliance PSC adoption projects has been awarded. As these payments were made with program during the audit period, we included them in the population for testing. guidelines and improper payments Improper payments CPUC processed 182 Public Housing Account payments, totaling $3,523,560, during the audit period. We judgmentally selected 18 Public Housing Account payments totaling $790,866 for testing. Eleven of the payments were for PSC infrastructure projects, and seven were for PSC adoption projects. We noted no exceptions in the 11 payments for PSC infrastructure projects. However, we found that five of the seven payments for PSC adoption projects included warranty costs, totaling $21,785, for refurbished computing devices. These costs were not eligible for reimbursement because the Public Housing Account guidelines do not indicate warranty costs as an eligible item. -20- California Public Utilities Commission California Advanced Services Fund Program – Performance Audit Lack of adequate supporting documentation We noted that Communications Division staff members did not require documentation to support that the grantee had provided for 15% of its adoption project costs in order to be reimbursed for the other 85% of its costs. Of the seven payments for PSC adoption projects that we tested, six payments representing $29,000 in matching funds lacked adequate supporting documentation. Without validating the grantee’s claimed matching funds against supporting documentation, the CPUC could not ensure that only 85% of adoption project costs was reimbursed. GC sections 13400 through 13407 require state agencies to establish and maintain internal controls, including a system of policies and procedures adequate to ensure compliance with applicable laws and other requirements, and an effective system of internal review. Appendix B, Section 2.1. “Funds Requested,” of CPUC D.14-12-039 states: The applicant must indicate the amount of funding requested, i.e., whether it is applying for a grant only or a combination of a grant and a loan. . . . The Commission will fund up to 85 percent of the costs for adoption projects for residents in PSCs, including reimbursement of the following adoption activities/items:  Education and outreach efforts and materials;  Desks and chairs to furnish a designated space for digital literacy;  Acceptable computers and devices (excluding smartphones) and software intended for use either in a computer lab or their household;  Digital literacy instructors;  Printers for a computer lab or other designated space for digital literacy;  Routers; and  Provision of residential (not network) technical support. In order to obtain reimbursement, grantees must also provide sufficient documentation, such as receipt for the goods or documentation of hours worked. Appendix 2, Section 2.1., “Funds Requested,” of CPUC D.18-06-032 states, in part: The applicant must indicate the amount requested. As stated in Section 2.1.2, the Commission will fund up to 85 percent of the costs for adoption projects for residents in PSCs, including reimbursement of the following adoption activities/items:  Education and outreach efforts and materials;  Desks and chairs to furnish a designated space for digital literacy;  Acceptable computers and devices (excluding smartphones) and software intended for use either in a computer lab or their household;  Digital literacy instructors; -21- California Public Utilities Commission California Advanced Services Fund Program – Performance Audit  Printers for a computer lab or other designated space for digital literacy;  Routers; and  Provision of residential (not network) technical support. In order to obtain reimbursement, grantees must also provide sufficient documentation, such as receipt for the goods or documentation of hours worked. Appendix B, Section V., sub-section 2.6., “Proposed Project Description,” of CPUC D.14-12-039 states, in part: . . . The Applicant may provide the 15 percent match using the following (1) donations from residents in exchange for devices; (2) donations of devices or software from third parties; and (3) volunteer personnel hours worked to train residents. Applicants must identify the goods and/or hours worked and [their] monetary value. . . . Appendix 2, Section 2.6., “Proposed Project Description,” of CPUC D.18-06-032 states, in part: . . . The Applicant may provide the 15 percent match using the following (1) donations from residents in exchange for devices; (2) donations of devices or software from third parties; and (3) volunteer personnel hours worked to train residents. Applicants must identify the goods and/or hours worked and [their] monetary value. Appendix B, Section X., “Payment,” of CPUC D.14-12-039 states, in part: . . . Payment will be based upon receipt and approval of invoices/other supporting documents showing the expenditures incurred for the project in accordance with the CASF [Program] funding submitted by the [California Advanced Services Fund grant] recipient in their application. . . . Appendix 2, page 19, “Payment,” of CPUC D.18-06-032 states, in part: . . . Payment will be based upon receipt and approval of invoices/other supporting documentation showing the expenditures incurred for the project in accordance with the CASF [Program] funding submitted by the [Public Housing Account grant] recipient in their application. . . . The Public Housing Account no longer funds broadband adoption projects. However, eligible applicants can apply for digital literacy project grants from the Broadband Adoption Account, which funds up to 85% of eligible program costs. Recommendation We recommend that the CPUC:  Establish adequate policies and procedures to ensure that grantees’ total project costs, including matching funds, are adequately documented and supported; -22- California Public Utilities Commission California Advanced Services Fund Program – Performance Audit  Provide adequate managerial review to ensure that grant payments from the Public Housing Account comply with CASF Program requirements and PUC section 281; and  Recover any improper payments made to grantees. FINDING 5— The CPUC did not collect the required job creation data because the CPUC Types and numbers has no procedures or methodology for calculating and tracking the types of jobs created and numbers of jobs created as a result of the CASF Program. cannot be reported on as required by We requested the CPUC’s documentation on the types and numbers of jobs created by the CASF Program during the audit period. However, the statute CPUC has not been tracking this information. CPUC staff members indicated that it is difficult to measure the types and numbers of jobs created. Although we understand that it would be difficult for the CPUC to report the exact number of indirect jobs created, methodologies exist for estimating the number of indirect jobs created. Furthermore, direct job creation is reportable. For example, infrastructure projects can result in broadband providers hiring additional employees to build new broadband infrastructure; consultants may be hired to assist in consortia activities or to conduct studies for tribal technical assistance; and digital literacy instructors may be hired for broadband adoption projects. CPUC staff members indicated that PUC section 912.2 does not state the manner in which job creation should be measured. Although this is a valid statement, to meet PUC section 912.2 requirements, the CPUC is nevertheless responsible for determining how it would measure the types and numbers of jobs created. PUC section 912.2 states: On or before April 1, 2023, and biennially thereafter, the commission shall conduct a fiscal and performance audit of the implementation and effectiveness of the California Advanced Services Fund to ensure that funds have been expended in accordance with the approved terms of the grant awards and loan agreements pursuant to Section 281 or 281.2 and shall report its findings to the [California State] Legislature. The reports shall include an update to the maps in the final report of the California Broadband Task Force and data on the types and numbers of jobs created as a result of the program administered by the commission pursuant to Section 281 or 281.2 and shall include information specified in Section 914.7. Recommendation We recommend that the CPUC establish procedures and a methodology and begin tracking and measuring job creation to facilitate meeting the PUC section 912.2 reporting requirements. -23- California Public Utilities Commission California Advanced Services Fund Program – Performance Audit Attachment A— 2021 California Advanced Services Fund Annual Report Attachment B— California Public Utilities Commission’s Response to Draft Audit Report State Controller’s Office Division of Audits Post Office Box 942850 Sacramento, CA 94250 www.sco.ca.gov S23-CSF-0001