BILL NUMBER: AB 1732 CHAPTERED 07/21/05 CHAPTER 98 FILED WITH SECRETARY OF STATE JULY 21, 2005 APPROVED BY GOVERNOR JULY 21, 2005 PASSED THE SENATE JULY 7, 2005 PASSED THE ASSEMBLY MAY 2, 2005 INTRODUCED BY Assembly Member La Malfa FEBRUARY 22, 2005 An act to amend Section 895 of the Public Utilities Code, relating to natural gas, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1732, La Malfa Natural gas: Gas Consumption Surcharge Fund. Under existing law, the California Public Utilities Commission (CPUC) has regulatory authority over public utilities, including gas corporations. Existing law establishes a surcharge on all natural gas consumed in the state to fund certain low-income assistance programs, cost-effective energy efficiency and conservation activities, and public interest research and development. Existing law requires a public utility gas corporation, as defined, to collect the surcharge from natural gas consumers, as specified. The moneys from the surcharge is deposited in the Gas Consumption Surcharge Fund and is continuously appropriated to specified entities, including the CPUC, or an entity designated by the CPUC, to fund low-income assistance programs, cost-effective energy efficiency and conservation activities, and public interest research and development not adequately provided by the competitive and regulated markets. The existing Warren-Alquist State Energy Resources Conservation and Development Act establishes the State Energy Resources Conservation and Development Commission (Energy Commission) and requires it to develop, implement, and administer the Public Interest Research, Development, and Demonstration Program. This bill would provide that if the Energy Commission is designated by the CPUC to receive funds from the Gas Consumption Surcharge Fund for public interest research and development, the Energy Commission is authorized to administer the program pursuant to the Public Interest Research, Development, and Demonstration Program. This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 895 of the Public Utilities Code is amended to read: 895. Notwithstanding Section 13340 of the Government Code, funds in the Gas Consumption Surcharge Fund are continuously appropriated, without regard to fiscal years, as follows: (a) To the commission or an entity designated by the commission to fund programs described in subdivision (a) of Section 890. If the State Energy Resources Conservation and Development Commission is designated by the commission to receive funds for public interest research and development, the State Energy Resources Conservation and Development Commission may administer the program pursuant to Chapter 7.1 (commencing with Section 25620) of Division 15 of the Public Resources Code. (b) To pay the commission for its costs in carrying out its duties and responsibilities under this article. (c) To pay the State Board of Equalization for its costs in administering this article. SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to improve the administrative efficiency and the delivery of services by the State Energy Resources Conservation and Development Commission to clients and customers, it is necessary that this act take effect immediately.