BILL NUMBER: SB 1222 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 29, 2016
INTRODUCED BY Senator Hertzberg
FEBRUARY 18, 2016
An act to repeal Section 25403 of the Public Resources Code,
and to amend Sections 353.13, 353.15, 454.1, 740.5,
910.4, 913.2, 913.4, 913.5, 913.10, 914.3, 914.7
956, 2872.5, 2892.1, 5371.4, and 5381.5 of, and to repeal
Sections 318, 350, 747.5, 910.5, 910.6, 913.3, 913.6,
913.8, 913.9, 913.11, and 913.13 913.13,
2714.5, 2827.3, 2845, and 2867.1 of, the Public Utilities Code,
relating to the Public Utilities Commission.
LEGISLATIVE COUNSEL'S DIGEST
SB 1222, as amended, Hertzberg. Public Utilities Commission:
reports.
The California Constitution establishes the Public Utilities
Commission, Commission (PUC), with
jurisdiction over all public utilities. The California Constitution
grants the commission PUC certain
general powers over all public utilities, subject to control by the
Legislature, and authorizes the Legislature to confer additional
authority and jurisdiction upon the commission
PUC that is cognate and germane to the regulation of
public utilities. Existing law requires the commission
PUC to submit various reports to the
Legislature, legislative committees, and the Governor, as specified.
This bill would change the date by which the commission
PUC must submit specified reports, change the
contents of specified reports, and repeal the provisions requiring
the commission PUC to submit specified
reports. The bill would repeal certain reporting requirements of
electrical corporations and the PUC with respect to the 21st Century
Energy System Decision, as defined. The bill would repeal a
requirement that the PUC conduct a zero-based budget for all of its
programs by January 10, 2015.
Existing law requires the State Energy Resources Conservation and
Development Commission (Energy Commission) to submit to the PUC and
to any local publicly owned electric utility recommendations designed
to reduce wasteful, unnecessary, or uneconomic energy consumption
resulting from specified practices, including differential rate
structures, cost-of-service allocations, the disallowance of a
business expense of advertising or promotional activities that
encourage the use of electricity, peakload pricing, and other pricing
measures. Existing law requires the PUC or local publicly owned
electric utility to review and consider the recommendations of the
Energy Commission and, within 6 months after the date it receives
them, to report to the Governor and the Legislature its actions and
reasons therefor with respect to each recommendation.
This bill would repeal these requirements.
The California Global Warming Solutions Act of 2006 establishes
the State Air Resources Board (state board) as the state agency
responsible for monitoring and regulating sources emitting greenhouse
gases. Existing law requires the state board to report to the
Governor and the Legislature by December 31, 2011, on the reduction
in emissions of greenhouse gases resulting from the increase of new
electrical generation that utilizes excess waste heat through
combined heat and power systems and recommend policies that further
the goals of the Waste Heat and Carbon Emissions Reduction Act.
This bill would repeal this reporting requirement.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be
cited, as the Public Utilities Commission Accountability Act of 2016.
SEC. 2. Section 25403 of the Public
Resources Code is repealed.
25403. The commission shall submit to the Public Utilities
Commission and to any publicly owned electric utility,
recommendations designed to reduce wasteful, unnecessary, or
uneconomic energy consumption resulting from practices including, but
not limited to, differential rate structures, cost-of-service
allocations, the disallowance of a business expense of advertising or
promotional activities which encourage the use of electrical power,
peakload pricing, and other pricing measures. The Public Utilities
Commission or publicly owned electric utility shall review and
consider such recommendations and shall, within six months after the
date it receives them, as prescribed by this section, report to the
Governor and the Legislature its actions and reasons therefor with
respect to such recommendations.
SEC. 3. Section 318 of the Public
Utilities Code is repealed.
318. The commission shall conduct a zero-based budget for all of
its programs by January 10, 2015. The zero-based budget shall be
completed for the entire commission, rather than on a
division-by-division basis.
SEC. 4. Section 350 of the Public
Utilities Code is repealed.
350. The Independent System Operator, in consultation with the
California Energy Resources Conservation and Development Commission,
the Public Utilities Commission, the Western Electricity Coordinating
Council, and concerned regulatory agencies in other western states,
shall within six months after the Federal Energy Regulatory
Commission approval of the Independent System Operator, provide a
report to the Legislature and to the Oversight Board that does the
following:
(a) Conducts an independent review and assessment of Western
Electricity Coordinating Council operating reliability criteria.
(b) Quantifies the economic cost of major transmission outages
relating to the Pacific Intertie, Southwest Power Link, DC link, and
other important high voltage lines that carry power both into and
from California.
(c) Identifies the range of cost-effective options that would
prevent or mitigate the consequences of major transmission outages.
(d) Identifies communication protocols that may be needed to be
established to provide advance warning of incipient problems.
(e) Identifies the need for additional generation reserves and
other voltage support equipment, if any, or other resources that may
be necessary to carry out its functions.
(f) Identifies transmission capacity additions that may be
necessary at certain times of the year or under certain conditions.
(g) Assesses the adequacy of current and prospective institutional
provisions for the maintenance of reliability.
(h) Identifies mechanisms to enforce transmission right-of-way
maintenance.
(i) Contains recommendations regarding cost-beneficial
improvements to electric system reliability for the citizens of
California.
SEC. 5. Section 353.13 of the Public
Utilities Code is amended to read:
353.13. (a) The commission shall require each electrical
corporation to establish new tariffs on or before January 1, 2003,
for customers using distributed energy resources, including, but not
limited to, those that do not meet all of the criteria described in
Section 353.1. However, after January 1, 2003, distributed energy
resources that meet all of the criteria described in Section 353.1
shall continue to be subject only to those tariffs in existence
pursuant to Section 353.3, until June 1, 2011, except that
installations that do not operate in a combined heat and power
application will be subject to those tariffs in existence pursuant to
Section 353.3 only until June 1, 2006. Those tariffs required
pursuant to this section shall ensure that all net distribution costs
incurred to serve each customer class, taking into account the
actual costs and benefits of distributed energy resources,
proportional to each customer class, as determined by the commission,
are fully recovered only from that class. The commission shall
require each electrical corporation, in establishing those rates, to
ensure that customers with similar load profiles within a customer
class will, to the extent practicable, be subject to the same utility
rates, regardless of their use of distributed energy resources to
serve onsite loads or over-the-fence transactions allowed under
Sections 216 and 218. Customers with dedicated facilities shall
remain responsible for their obligations regarding payment for those
facilities.
(b) The commission shall prepare and submit to the Legislature, on
or before June 1, 2002, a report describing its proposed methodology
for determining the new rates and the process by which it will
establish those rates.
(c)
(b) In establishing the tariffs, the commission shall
consider coincident peakload, and the reliability of the onsite
generation, as determined by the frequency and duration of outages,
so that customers with more reliable onsite generation and those that
reduce peak demand pay a lower cost-based rate.
SEC. 6. Section 353.15 of the Public
Utilities Code is amended to read:
353.15. (a) In order to evaluate the efficiency, emissions, and
reliability of distributed energy resources with a capacity greater
than 10 kilowatts, customers that install those resources pursuant to
this article shall report to the commission, on an annual basis, all
of the following information, as recorded on a monthly basis:
(1) Heat rate for the resource.
(2) Total kilowatthours produced in the peak and off-peak periods,
as determined by the ISO.
(3) Emissions data for the resource, as required by the State Air
Resources Board or the appropriate air quality management district or
air pollution control district.
(b) The commission shall release the information submitted
pursuant to subdivision (a) in a manner that does not identify the
individual user of the distributed energy resource.
(c) The commission, in consultation with the State Air Resources
Board, air quality management districts, air pollution control
districts, and the State Energy Resources Conservation and
Development Commission, shall evaluate the information submitted
pursuant to subdivision (a) and, within two years of the effective
date of the act adding this article, prepare and submit to the
Governor and the Legislature a report recommending any changes to
this article it determines necessary based upon that information.
SEC. 7. Section 454.1 of the Public
Utilities Code is amended to read:
454.1. (a) Except as provided in subdivision (b), if a customer
with a maximum peak electrical demand in excess of 20 kilowatts
located or planning to locate within the service territory of an
electrical corporation receives a bona fide offer for electric
service from an irrigation district at rates less than the electrical
corporation's tariffed rates, the electrical corporation may
discount its noncommodity rates, but may not discount its
noncommodity rates below its distribution marginal cost of serving
that customer. For purposes of this subdivision, the costs of the
electric commodity shall be excluded from both the irrigation
district and electric corporation's rates. The electrical corporation
may recover any difference between its tariffed and discounted
service from its remaining customers, allocated as determined by the
commission. However, the reallocation may not increase rates to its
remaining customers by any greater amount than the rates would be
increased if the customer had taken electric distribution service
from the irrigation district and the irrigation district had paid the
charge established in subdivision (e) of Section 9607. Further,
there shall be a firewall preventing the reallocation of such
differences resulting from discounting to residential customers or to
commercial customers with maximum peak demands not in excess of 20
kilowatts. The commission shall review the discounts
provided under this section by each electrical corporation and report
to the Legislature not later than January 15, 2003. The review shall
include an assessment of the effectiveness of the discount levels
and the rate impacts to customers of the discounts. The commission
shall include in its report a recommendation of any changes that
should be made to the discount levels in light of other commission
approved discount programs.
(b) Subdivision (a) does not apply to a cumulative 75 megawatts of
load served by the Merced Irrigation District, determined as
follows:
(1) The load is located within the boundaries of Merced Irrigation
District, as those boundaries existed on December 20, 1995, together
with the territory of Castle Air Force Base which was located
outside the district on that date.
(2) For purposes of this section, a megawatt of load shall be
calculated in accordance with the methodology established by the
California Energy Resource Conservation and Development Commission in
its Docket No. 96-IRR-1890.
(c) Subdivision (a) applies to the load of customers that move to
the areas described in paragraph (1) of subdivision (b) after
December 31, 2000, and such load shall be excluded from the
calculation of the 75 megawatts in subdivision (b).
(d) If an electrical corporation seeks to apply the discounts
permitted under subdivision (a) within the geographic area described
in subdivision (b) of Section 9610, the electrical corporation's
resulting rate for distribution service may not be less than 120
percent of the electrical corporation's marginal distribution cost of
serving that customer.
SEC. 8. Section 740.5 of the Public
Utilities Code is amended to read:
740.5. (a) For purposes of this section, "21st Century Energy
System Decision" means commission Decision 12-12-031 (December 20,
2012), Decision Granting Authority to Enter Into a Research and
Development Agreement with Lawrence Livermore National Laboratory for
21st Century Energy Systems and for costs up to $152.19 million, or
any subsequent decision in Application 11-07-008 (July 18, 2011),
Application of Pacific Gas and Electric Company (U39M), San Diego Gas
and Electric Company (U902E), and Southern California Edison Company
(U338E) for Authority to Increase Electric Rates and Charges to
Recover Costs of Research and Development Agreement with Lawrence
Livermore National Laboratory for 21st Century Energy Systems.
(b) In implementing the 21st Century Energy System Decision, the
commission shall not authorize recovery from ratepayers of any
expense for research and development projects that are not for
purposes of cyber security and grid integration. Total funding for
research and development projects for purposes of cyber security and
grid integration pursuant to the 21st Century Energy System Decision
shall not exceed thirty-five million dollars ($35,000,000). All cyber
security and grid integration research and development projects
shall be concluded by the fifth anniversary of their start date.
(c) The commission shall not approve for recovery from ratepayers
those program management expenditures proposed, commencing with page
seven, in the joint advice letter filed by the state's three largest
electrical corporations, Advice 3379-G/4215-E (Pacific Gas and
Electric Company), Advice 2887-E (Southern California Edison
Company), and Advice 2473-E (San Diego Gas and Electric Company),
dated April 19, 2013. Project managers for the 21st Century Energy
System Decision shall be limited to three representatives, one
representative each from Pacific Gas and Electric Company, Southern
California Edison Company, and San Diego Gas and Electric Company.
(d) The commission shall require the Lawrence Livermore National
Laboratory, as a condition for entering into any contract pursuant to
the 21st Century Energy System Decision, and Pacific Gas and
Electric Company, Southern California Edison Company, and San Diego
Gas and Electric Company to ensure that research parameters reflect a
new contribution to cyber security and that there not be a
duplication of research being done by other private and governmental
entities.
(e) (1) The commission shall require each participating electrical
corporation to prepare and submit to the commission by December 1,
2013, a joint report on the scope of all proposed research projects,
how the proposed project may lead to technological advancement and
potential breakthroughs in cyber security and grid integration, and
the expected timelines for concluding the projects. The commission
shall, within 30 days of receiving the joint report, determine
whether the report is sufficient or requires revision and, upon
determining that the report is sufficient, submit the report to the
Legislature in compliance with Section 9795 of the Government Code.
(2) The commission shall require each participating electrical
corporation to prepare and submit to the commission, by 60 days
following the conclusion of all research and development projects, a
joint report summarizing the outcome of all funded projects,
including an accounting of expenditures by the project managers and
grant recipients on administrative and overhead costs and whether the
project resulted in any technological advancements or breakthroughs
in promoting cyber security and grid integration. The commission
shall, within 30 days of receiving the joint report, determine
whether the report is sufficient or requires revision and, upon
determining that the report is sufficient, submit the report to the
Legislature in compliance with Section 9795 of the Government Code.
(3) This subdivision shall become inoperative on January 1, 2023,
pursuant to Section 10231.5 of the Government Code.
SEC. 9. Section 747.5 of the Public
Utilities Code is repealed.
747.5. The commission shall review its policies concerning
pricing of utility service and shall assess whether the pricing
policies promote the pursuit of energy efficiency by customers, and
shall report its assessment to the Legislature as soon as
practicable.
SECTION 1. SEC. 10. Section 910.4 of
the Public Utilities Code is amended to read:
910.4. By February 1 of each year, the commission shall report to
the Joint Legislative Budget Committee and appropriate fiscal and
policy committees of the Legislature, on all sources and amounts of
funding and actual and proposed expenditures, both in the two prior
fiscal years and for the proposed fiscal year, including any costs to
ratepayers, related to both of the following:
(a) Entities or programs established by the commission by order,
decision, motion, settlement, or other action, including, but not
limited to, the California Clean Energy Fund, the California Emerging
Technology Fund, and the Pacific Forest and Watershed Lands
Stewardship Council. The report shall contain descriptions of
relevant issues, including, but not limited to, all of the following:
(1) Any governance structure established for an entity or program.
(2) Any staff or employees hired by or for the entity or program
and their salaries and expenses.
(3) Any staff or employees transferred or loaned internally or
interdepartmentally for the entity or program and their salaries and
expenses.
(4) Any contracts entered into by the entity or program, the
funding sources for those contracts, and the legislative authority
under which the commission entered into the contract.
(5) The public process and oversight governing the entity or
program's activities.
(b) Entities or programs established by the commission, other than
those expressly authorized by statute, under the following sections:
(1) Section 379.6.
(2) Section 399.8.
(3) Section 739.1.
(4) Section 2790.
(5) Section 2851.
SEC. 11. Section 910.5 of the Public
Utilities Code is repealed.
910.5. (a) By January 10 of each year, the commission shall
report to the Joint Legislative Budget Committee and appropriate
fiscal and policy committees of the Legislature, on all sources and
amounts of funding and actual and proposed expenditures, both in the
two prior fiscal years and for the proposed fiscal year, including
any costs to ratepayers, related to interactions by the commission,
its officers, or its staff with the California Public Utilities
Commission Foundation, or any derivative, or successor, or with any
agent or director of the foundation, including all of the following:
(1) Attendance at meetings, conferences, or events organized or
sponsored by the foundation.
(2) Any contract or other agreement between the commission, its
officers, or its staff and the foundation, including agreements
relating to attendance at any educational or training conference or
event.
(3) Any agenda item, order, decision, resolution, or motion,
referencing the foundation.
(4) Endorsements of the foundation or its activities.
(5) Any contribution made to the foundation at the behest of a
member of the commission, its officers, or its staff, and any direct
or indirect contribution made to the foundation by a member of the
commission, its officers, or its staff. For purposes of this
paragraph, "contribution" means any payment, a forgiveness of a loan,
a payment of a loan by a third party, or an enforceable promise to
make a payment, except to the extent that full and adequate
consideration is received.
(b) (1) Within eight weeks of any contribution to the foundation
made at the behest of a member of the commission, its officers, or
its staff, the commission shall report the contribution to the Joint
Legislative Budget Committee and appropriate fiscal and policy
committees of the Legislature, and include any documents pertaining
to the contribution.
(2) Each report shall include certification from the commission
that the contribution does not violate the Conflict of Interest Code
and Statement of Incompatible Activities adopted pursuant to Section
303.
SEC. 2. SEC. 12. Section 910.6 of
the Public Utilities Code is repealed.
SEC. 3. SEC. 13. Section 913.2 of
the Public Utilities Code is amended to read:
913.2. By February 1 of each year, the commission shall report to
the Governor and the Legislature on the commission's recommendations
for a smart grid, the plans and deployment of smart grid
technologies by the state's electrical corporations, and the costs
and benefits to ratepayers.
SEC. 4. SEC. 14. Section 913.3 of
the Public Utilities Code is repealed.
SEC. 5. SEC. 15. Section 913.4 of
the Public Utilities Code is amended to read:
913.4. (a) Notwithstanding subdivision (g) of Section 454.5 and
Section 583, no later than May 1 of each year, the commission shall
release to the Legislature the costs of all electricity procurement
contracts for eligible renewable energy resources, including
unbundled renewable energy credits, and all costs for utility-owned
generation approved by the commission. The first report shall include
all costs commencing January 1, 2003. Subsequent reports shall
include only costs for the preceding calendar year.
(1) For power purchase contracts, the commission shall release
costs in an aggregated form categorized according to the year the
procurement transaction was approved by the commission, the eligible
renewable energy resource type, including bundled renewable energy
credits, the average executed contract price, and average actual
recorded costs for each kilowatthour of production. Within each
renewable energy resource type, the commission shall provide
aggregated costs for different project size thresholds.
(2) For each utility-owned renewable generation project, the
commission shall release the costs forecast by the electrical
corporation at the time of initial approval and the actual recorded
costs for each kilowatthour of production during the preceding
calendar year.
(b) The commission shall report all electrical corporation revenue
requirement increases associated with meeting the renewables
portfolio standard, as defined in Section 399.12, including direct
procurement costs for eligible renewable energy resources and
renewable energy credits.
(c) The commission shall report all cost savings experienced, or
costs avoided, by electrical corporations as a result of meeting the
renewables portfolio standard.
(d) This section does not require the release of the terms of any
individual electricity procurement contracts for eligible renewable
energy resources, including unbundled renewable energy credits,
approved by the commission. The commission shall aggregate data to
the extent required to ensure protection of the confidentiality of
individual contract costs even if this aggregation requires grouping
contracts of different energy resource type. The commission shall not
be required to release the data in any year when there are fewer
than three contracts approved.
SEC. 6. SEC. 16. Section 913.5 of
the Public Utilities Code is amended to read:
913.5. In order to evaluate the progress of the state's
electrical corporations in complying with the California Renewables
Portfolio Standard Program (Article 16 (commencing with Section
399.11) of Chapter 2.3), the commission shall report to the
Legislature no later than November 1 of each year on all of the
following:
(a) The progress and status of procurement activities by each
retail seller pursuant to the California Renewables Portfolio
Standard Program.
(b) For each electrical corporation, an implementation schedule to
achieve the renewables portfolio standard procurement requirements,
including all substantive actions that have been taken or will be
taken to achieve the program procurement requirements.
(c) The projected ability of each electrical corporation to meet
the renewables portfolio standard procurement requirements under the
cost limitations in subdivisions (c) and (d) of Section 399.15 and
any recommendations for revisions of those cost limitations.
(d) Any renewable energy procurement plan approved by the
commission pursuant to Section 399.13, schedule, and status report
for all substantive procurement, transmission development, and other
activities that the commission has approved to be undertaken by an
electrical corporation to achieve the procurement requirements of the
renewables portfolio standard.
(e) Any barriers to, and policy recommendations for, achieving the
renewables portfolio standard pursuant to the California Renewables
Portfolio Standard Program.
SEC. 7. SEC. 17. Section 913.6 of
the Public Utilities Code is repealed.
SEC. 8. SEC. 18. Section 913.8 of
the Public Utilities Code is repealed.
SEC. 9. SEC. 19. Section 913.9 of
the Public Utilities Code is repealed.
SEC. 10. SEC. 20. Section 913.10 of
the Public Utilities Code is amended to read:
913.10. (a) On or before February 1, 2010, and biennially
thereafter, the commission, in consultation with the Independent
System Operator and the State Energy Resources Conservation and
Development Commission, shall study, and submit a report to the
Legislature and the Governor, on the impacts of distributed energy
generation on the state's distribution and transmission grid. The
study shall evaluate all of the following:
(1) Reliability and transmission issues related to connecting
distributed energy generation to the local distribution networks and
regional grid.
(2) Issues related to grid reliability and operation, including
interconnection, and the position of federal and state regulators
toward distributed energy accessibility.
(3) The effect on overall grid operation of various distributed
energy generation sources.
(4) Barriers affecting the connection of distributed energy to the
state's grid.
(5) Emerging technologies related to distributed energy generation
interconnection.
(6) Interconnection issues that may arise for the Independent
System Operator and local distribution companies.
(7) The effect on peak demand for electricity.
(b) In addition, the commission shall specifically assess the
impacts of the California Solar Initiative program, specified in
Section 2851 and Section 25783 of the Public Resources Code, the
self-generation incentive program authorized by Section 379.6.
SEC. 11. SEC. 21. Section 913.11 of
the Public Utilities Code is repealed.
SEC. 12. SEC. 22. Section 913.13 of
the Public Utilities Code is repealed.
SEC. 13. SEC. 23. Section 914.3 of
the Public Utilities Code is amended to read:
914.3. By December 31 of each year, the commission shall submit
to the Governor and the Legislature a report that includes, based on
yearend data, on an aggregated basis, the information submitted by
holders pursuant to subdivision (b) of Section 5960. All information
reported by the commission pursuant to this section shall be
disclosed to the public only as provided for pursuant to Section 583.
No individually identifiable customer or subscriber information
shall be subject to public disclosure.
SEC. 14. Section 914.7 of the Public Utilities
Code is amended to read:
914.7. (a) By April 1 of each year, the commission shall provide
a report to the Legislature that includes all of the following
information:
(1) The amount of funds expended from the California
Advanced Services Fund in the prior year.
(2) The recipients of funds expended from the California Advanced
Services Fund in the prior year.
(3) The geographic regions of the state affected by funds expended
from the California Advanced Services Fund in the prior year.
(4) The expected benefits to be derived from the funds expended
from the California Advanced Services Fund in the prior year.
(5) Actual broadband adoption levels from the funds expended from
the California Advanced Services Fund in the prior year.
(6) The amount of funds expended from the California Advanced
Services Fund used to match federal funds.
(7) An update on the expenditures from California Advanced
Services Fund and broadband adoption levels, and an accounting of
remaining unserved and underserved households and areas of the state.
(8) The status of the California Advanced Services Fund balance
and the projected amount to be collected in each year through 2020 to
fund approved projects.
(b) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January 1, 2021.
SEC. 24. Section 956 of the Public
Utilities Code is amended to read:
956. (a) On or before July 1, 2012, the commission shall open an
appropriate proceeding or expand the scope of an existing proceeding
to establish compatible emergency response standards that owners or
operators of commission-regulated gas pipeline facilities shall be
required to follow for intrastate transmission and distribution
lines. The commission shall establish the standards to ensure that
intrastate transmission and distribution lines have emergency
response plans that adequately prepare them for a natural disaster or
malfunction that could cause injury to human life or property, with
the purpose of minimizing the occurrence of both.
(b) The commission shall establish the compatible emergency
response standards in consultation with the California Emergency
Management Agency, the State Fire Marshal, and members of California'
s first responder community including, but not limited to, members of
the California Fire Chiefs Association.
(c) The compatible emergency response standards shall require
owners or operators of intrastate transmission and distribution lines
to implement emergency response plans that are compatible with the
United States Department of Transportation Pipeline and Hazardous
Materials Safety Administration's regulations concerning emergency
plans contained in Section 192.615 of Title 49 of the Code of Federal
Regulations, and those plans shall include, but not be limited to,
all of the following requirements:
(1) Emergency shutdown and pressure reduction shall be utilized
whenever deemed necessary and appropriate by the owners or operators
to minimize hazards to life or property. An owner or operator shall
notify appropriate first responders of emergency shutdown and
pressure reduction.
(2) During an emergency response effort, the incident commander
may direct coordination between first responders and owners or
operators to ensure timely and ongoing communication on decisions for
emergency shutdown and pressure reduction.
(3) Owners or operators of intrastate transmission and
distribution lines shall establish and maintain liaison with
appropriate fire, police, and other public officials to do all of the
following:
(A) Learn the responsibility and resources of each government
organization that may respond to a gas pipeline emergency, including,
but not limited to, the role of the incident commander in an
emergency.
(B) Acquaint the officials with the owner's or operator's ability
in responding to a gas pipeline emergency.
(C) Identify the types of gas pipeline emergencies of which the
owner or operator notifies the officials.
(D) Plan how the owner or operator and officials can engage in
mutual assistance to minimize hazards to life or property.
(E) Identify and update information on individual personnel
responsible for the liaison with the appropriate first responder
organizations.
(4) Owners and operators of intrastate transmission lines shall
provide the State Fire Marshal and the chief fire official of the
applicable city, county, city and county, or fire protection district
with instructions on how to access and utilize the National Pipeline
Mapping System developed by the United States Department of
Transportation, Pipeline and Hazardous Materials Safety
Administration, utilizing data submitted pursuant to Section 60132 of
Title 49 of the United States Code, to improve local response
capabilities for pipeline emergencies.
(d) (1) The commission shall report to the Legislature on the
status of establishing the compatible emergency response standards on
or before January 1, 2013.
(2) A report to be submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.
SEC. 25. Section 2714.5 of the Public
Utilities Code is repealed.
2714.5. The commission shall, by June 30, 2008, prepare and
submit to the Legislature, a report that describes the progress
achieved toward implementing the policy objectives of the commission'
s Water Action Plan, adopted December 15, 2005, which includes all of
the following:
(a) The progress achieved toward development and implementation of
a ratemaking mechanism and rate design that will encourage water
conservation and efficient water use.
(b) The progress achieved toward development and implementation of
rates that remove the financial disincentive for water corporations
to conserve water that exists in the current rate structure, while
preserving continued revenue stability for water corporations as new
rate structures are implemented.
(c) The impacts of water conservation and efficiency programs on
future water, energy, and wastewater treatment costs to customers of
water corporations.
SEC. 26. Section 2827.3 of the Public
Utilities Code is repealed.
2827.3. (a) By October 1, 2013, the commission shall complete a
study to determine who benefits from, and who bears the economic
burden, if any, of, the net energy metering program authorized
pursuant to Section 2827, and to determine the extent to which each
class of ratepayers and each region of the state receiving service
under the net energy metering program is paying the full cost of the
services provided to them by electrical corporations, and the extent
to which those customers pay their share of the costs of public
purpose programs. In evaluating program costs and benefits for
purposes of the study, the commission shall consider all electricity
generated by renewable electric generating systems, including the
electricity used onsite to reduce a customer's consumption of
electricity that otherwise would be supplied through the electrical
grid, as well as the electrical output that is being fed back to the
electrical grid for which the customer receives credit or net surplus
electricity compensation under net energy metering. The study shall
quantify the costs and benefits of net energy metering to
participants and nonparticipants and shall further disaggregate the
results by utility, customer class, and household income groups
within the residential class. The study shall further gather and
present data on the income distribution of residential net energy
metering participants. In order to assess the costs and benefits at
various levels of net energy metering implementation, the study shall
be conducted using multiple net energy metering penetration
scenarios, including, at a minimum, the capacity needed to reach the
solar photovoltaic goals of the California Solar Initiative pursuant
to Section 25780 of the Public Resources Code, and the estimated net
energy metering capacity under the 5-percent minimum requirement of
paragraphs (1) and (4) of subdivision (c) of Section 2827.
(b) (1) The commission shall report the results of the study to
the Legislature within 30 days of its completion.
(2) The report shall be submitted in compliance with Section 9795
of the Government Code.
(3) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on July 1, 2017.
SEC. 27. Section 2845 of the Public
Utilities Code is repealed.
2845. The State Air Resources Board shall report to the Governor
and the Legislature by December 31, 2011, on the reduction in
emissions of greenhouse gases resulting from the increase of new
electrical generation that utilizes excess waste heat through
combined heat and power systems and recommend policies that further
the goals of this article.
SEC. 28. Section 2867.1 of the Public
Utilities Code is repealed.
2867.1. (a) Not later than July 1, 2010, the commission shall
report to the Legislature as to the effectiveness of the program and
make recommendations as to any changes that should be made to the
program. This report shall include justification for the size of the
rebate program in terms of total available incentive moneys as well
as the anticipated benefits of the program in its entirety. To
facilitate the understanding of how solar water heating systems
compare with other clean energy and energy efficiency technologies,
all documents related to and rebates provided by this program shall
be measured in both kWhth and therms of natural gas saved.
(b) Not later than February 1, 2014, the commission shall complete
a review of whether the rebate levels established by the commission
will be sufficient to spur investment to reach the program goal of
installing 200,000 solar water heating systems in homes, businesses,
and other buildings or facilities receiving natural gas service
throughout the state by 2017, and shall report to the Legislature on
the results of its review. The report submitted pursuant to this
subdivision shall be submitted in compliance with Section 9795 of the
Government Code.
SEC. 29. Section 2872.5 of the Public
Utilities Code is amended to read:
2872.5. (a) The commission,
in consultation with the Office of Emergency Services, shall open an
investigative proceeding to determine whether standardized
notification systems and protocol should be utilized by entities that
are authorized to use automatic dialing-announcing devices pursuant
to subdivision (e) of Section 2872, to facilitate notification of
affected members of the public of local emergencies. The commission
shall not establish standards for notification systems or standard
notification protocol unless it determines that the benefits of the
standards exceed the costs.
(b) Before January 1, 2008, the commission shall prepare and
submit to the Legislature a report on the results of the proceeding,
including recommendations for funding notification systems and any
statutory modifications needed to facilitate notification of affected
members of the public of local emergencies.
SEC. 30. Section 2892.1 of the Public
Utilities Code is amended to read:
2892.1. (a) For purposes of this section, "telecommunications
service" means voice communication provided by a telephone
corporation as defined in Section 234, voice communication provided
by a provider of satellite telephone services, voice communication
provided by a provider of mobile telephony service, as defined in
Section 2890.2, and voice communication provided by a commercially
available facilities-based provider of voice communication services
utilizing voice over Internet Protocol or any successor protocol.
(b) The commission, in consultation with the Office of Emergency
Services, shall open an investigative or other appropriate proceeding
to identify the need for telecommunications service systems not on
the customer's premises to have backup electricity to enable
telecommunications networks to function and to enable the customer to
contact a public safety answering point operator during an
electrical outage, to determine performance criteria for backup
systems, and to determine whether the best practices recommended by
the Network Reliability and Interoperability Council in December
2005, for backup systems have been implemented by telecommunications
service providers operating in California. If the commission
determines it is in the public interest, the commission shall,
consistent with subdivisions (c) and (d), develop and implement
performance reliability standards.
(c) The commission, in developing any standards pursuant to the
proceeding required by subdivision (b), shall consider current best
practices and technical feasibility for establishing battery backup
requirements.
(d) The commission shall not implement standards pursuant to the
proceeding required by subdivision (b) unless it determines that the
benefits of the standards exceed the costs.
(e) The commission shall determine the feasibility of the use of
zero greenhouse gas emission fuel cell systems to replace diesel
backup power systems.
(f) Before January 1, 2008, the commission shall prepare and
submit to the Legislature a report on the results of the proceeding.
SEC. 31. Section 5371.4 of the Public
Utilities Code is amended to read:
5371.4. (a) The governing body of any city, county, or city and
county may not impose a fee on charter-party carriers operating
limousines. However, the governing body of any city, county, or city
and county may impose a business license fee on, and may adopt and
enforce any reasonable rules and regulations pertaining to operations
within its boundaries for, any charter-party carrier domiciled or
maintaining a business office within that city, county, or city and
county.
(b) The governing body of any airport may not impose vehicle
safety, vehicle licensing, or insurance requirements on charter-party
carriers operating limousines that are more burdensome than those
imposed by the commission. However, the governing board of any
airport may require a charter-party carrier operating limousines to
obtain an airport permit for operating authority at the airport.
(c) Notwithstanding subdivisions (a) and (b), the governing body
of any airport may adopt and enforce reasonable and nondiscriminatory
local airport rules, regulations, and ordinances pertaining to
access, use of streets and roads, parking, traffic control, passenger
transfers, trip fees, and occupancy, and the use of buildings and
facilities, that are applicable to charter-party carriers operating
limousines on airport property.
(d) This section does not apply to any agreement entered into
pursuant to Sections 21690.5 to 21690.9, inclusive, between the
governing body of an airport and charter-party carriers operating
limousines.
(e) The commission shall conduct an audit and review of the annual
gross revenues earned by charter-party carriers operating limousines
for the purpose of ascertaining whether the imposition of additional
fees based on a charter-party carrier's gross annual revenues would
place an undue administrative or financial burden on the
charter-party carrier industry. The commission shall report its
findings to the Legislature on or before June 30, 1992.
(f)
(e) The governing body of any airport shall not impose
a fee based on gross receipts of charter-party carriers operating
limousines.
(g)
(f) Notwithstanding subdivisions (a) to (f),
(e), inclusive, nothing in this section
prohibits a city, county, city and county, or the governing body of
any airport, from adopting and enforcing reasonable permit
requirements, fees, rules, and regulations applicable to
charter-party carriers of passengers other than those operating
limousines.
(h)
(g) Notwithstanding subdivisions (a) to (f),
(e), inclusive, a city, county, or city and
county may impose reasonable rules for the inspection of waybills of
charter-party carriers of passengers operating within the
jurisdiction of the city, county, or city and county, for purposes of
verifying valid prearranged travel.
(i)
(h) For the purposes of this section, "limousine"
includes any sedan or sport utility vehicle, of either standard or
extended length, with a seating capacity of not more than 10
passengers including the driver, used in the transportation of
passengers for hire on a prearranged basis within this state.
SEC. 32. Section 5381.5 of the Public
Utilities Code is amended to read:
5381.5. (a) The commission shall, by rule or other appropriate
procedure, ensure that every charter-party carrier of passengers
operates on a prearranged basis within the state, consistent with
Section 5360.5. The commission shall require every charter-party
carrier of passengers to include on a waybill or trip report at least
all of the following:
(1) The name of at least one passenger in the traveling party, or
identifying information of the traveling party's affiliation, along
with the point of origin and destination of the passenger or
traveling party.
(2) Information as to whether the transportation was arranged by
telephone, written contract, or electronic communication.
(b) A waybill or trip report may be kept in electronic or hardcopy
format. When requested by any commission or airport enforcement
officer or any official of a city, county, or city and county
authorized to inspect a waybill or trip report pursuant to
subdivision (h) (g) of Section 5371.4,
the waybill or trip report may be provided in either electronic or
hardcopy format.
(c) A charter-party carrier of passengers shall produce in its
office a hardcopy of any waybill or trip report when requested by the
commission or one of its authorized representatives pursuant to
Section 5389.
(d) This section shall become operative on January 1, 2014.