BILL NUMBER: AB 621 CHAPTERED 10/14/01 CHAPTER 862 FILED WITH SECRETARY OF STATE OCTOBER 14, 2001 APPROVED BY GOVERNOR OCTOBER 13, 2001 PASSED THE ASSEMBLY SEPTEMBER 10, 2001 PASSED THE SENATE SEPTEMBER 4, 2001 AMENDED IN SENATE AUGUST 28, 2001 AMENDED IN SENATE AUGUST 22, 2001 AMENDED IN SENATE JULY 17, 2001 AMENDED IN ASSEMBLY MAY 9, 2001 AMENDED IN ASSEMBLY APRIL 5, 2001 INTRODUCED BY Assembly Member Corbett FEBRUARY 22, 2001 An act to add Sections 349.5, 743.3, and 9614 to the Public Utilities Code, relating to public utilities. LEGISLATIVE COUNSEL'S DIGEST AB 621, Corbett. Public utilities: electricity: interruptible service contracts. (1) Existing law requires the creation and operation of an Independent System Operator to ensure efficient use and reliable operation of the state's electricity transmission grid consistent with achievement of specified planning and operating reserve criteria. This bill would require the Independent System Operator to notify each local air pollution control district and air quality management district of the name and address of each entity within the district's boundaries within the Independent System Operator's control area with whom it enters into an interruptible service contract or similar arrangement, as defined. Because a violation of this requirement would be a crime under other provisions of existing law, the bill would impose a state-mandated local program by creating new crimes. The bill would require the local air pollution control district or air quality management district to maintain in a confidential manner the information received by the Independent System Operator pursuant to these provisions. (2) Existing law authorizes the Public Utilities Commission to approve contracts between an electrical corporation and its heavy industrial customers as determined by the electrical corporation, of not more than 10 years' duration, in which the electrical corporation buys from the heavy industrial customer the right to interrupt the customer's service on short notice, as determined by the commission. This bill would require an electrical corporation to notify each local air pollution control district and air quality management district of the name and address of each entity within the district's boundaries within the electrical corporation's control or service area with whom it enters into an interruptible service contract or similar arrangement, as defined. Because a violation of this requirement would be a crime under other provisions of existing law, the bill would impose a state-mandated local program by creating new crimes. The bill would require the local air pollution control district or air quality management district to maintain in a confidential manner the information received by an electrical corporation pursuant to these provisions. (3) Existing law provides for formation of local publicly owned electric utilities. This bill would require a local publicly owned electric utility to notify each local air pollution control district and air quality management district of the name and address of each entity within the district's boundaries within the local publicly owned electric utility's control or service area with whom it enters into an interruptible service contract or similar arrangement, as defined. The bill would require the local air pollution control district or air quality management district to maintain in a confidential manner the information received by a local publicly owned electric utility pursuant to these provisions. Because the bill would require local publicly owned electric utilities to undertake certain activities in this regard the bill would impose a state-mandated local program. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for specified reasons. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 349.5 is added to the Public Utilities Code, to read: 349.5. (a) Beginning January 15, 2002, and at least once monthly thereafter, the Independent System Operator shall notify each air pollution control district and air quality management district of the name and address of each entity within the district's boundaries within the Independent System Operator's control area with whom the Independent System Operator enters into an interruptible service contract or similar arrangement. (b) For the purposes of this section, "interruptible service contract or similar arrangement" means any arrangement in which a nonresidential entity agrees to reduce or consider reducing its electrical consumption during periods of peak demand or at the request of the Independent System Operator in exchange for compensation, or for assurances not to be blacked out or other similar nonmonetary assurances. (c) The local air pollution control district or air quality management district shall maintain in a confidential manner the information received pursuant to this section. However, nothing in this subdivision shall affect the applicability of Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, or of any other similar open records statute or ordinance, to information provided pursuant to this section. SEC. 2. Section 743.3 is added to the Public Utilities Code, to read: 743.3. (a) Beginning January 15, 2002, and at least once monthly thereafter, an electrical corporation shall notify each air pollution control district and air quality management district of the name and address of each entity within the district's boundaries within the electrical corporation's control or service area with whom the electrical corporation enters into an interruptible service contract or similar arrangement. (b) For the purposes of this section, "interruptible service contract or similar arrangement" means any arrangement in which a nonresidential electrical customer agrees to reduce or consider reducing its electrical consumption during periods of peak demand or at the request of the Independent System Operator in exchange for compensation, or for assurances not to be blacked out or other similar nonmonetary assurances. (c) The local air pollution control district or air quality management district shall maintain in a confidential manner the information received pursuant to this section. However, nothing in this subdivision shall affect the applicability of Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, or of any other similar open records statute or ordinance, to information provided pursuant to this section. SEC. 3. Section 9614 is added to the Public Utilities Code, to read: 9614. (a) Beginning January 15, 2002, and at least once monthly thereafter, a local publicly owned electric utility shall notify each air pollution control district and air quality management district of the name and address of each entity within the district's boundaries within the local publicly owned electric utility's control or service area with whom the utility enters into an interruptible service contract or similar arrangement. (b) For the purposes of this section, "interruptible service contract or similar arrangement" means any arrangement in which a nonresidential electrical customer agrees to reduce or consider reducing its electrical consumption during periods of peak demand or at the request of the local publicly owned electric utility in exchange for compensation, or for assurances not to be blacked out or other similar nonmonetary assurances. (c) The local air pollution control district or air quality management district shall maintain in a confidential manner the information received pursuant to this section. However, nothing in this subdivision shall affect the applicability of Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, or of any other similar open records statute or ordinance, to information provided pursuant to this section. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because in that regard this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.