BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 531
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 531 (Saldana)
          As Amended  April 23, 2009
          Majority vote 

           UTILITIES AND COMMERCE         15-0                  
          APPROPRIATIONS      17-0                            
           
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          |Ayes:|Fuentes, Duvall, Tom      |Ayes:|De Leon, Nielsen,         |
          |     |Berryhill, Blakeslee, De  |     |Ammiano,                  |
          |     |La Torre, Carter, Fong,   |     |Charles Calderon, Davis,  |
          |     |Fuller, Furutani,         |     |Duvall, Fuentes, Hall,    |
          |     |Huffman, Krekorian,       |     |Harkey, Miller,           |
          |     |Skinner, Smyth, Swanson,  |     |John A. Perez, Price,     |
          |     |Torrico                   |     |Skinner, Solorio, Audra   |
          |     |                          |     |Strickland, Torlakson,    |
          |     |                          |     |Krekorian                 |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :   Exempts utilities from prohibitions against  
          disclosing customer energy consumption data to comply with the  
          California law requiring benchmarking for certain  
          non-residential buildings.  Specifically,  this bill:   

          1)Exempts an electric or gas utility from these certain  
            disclosure prohibitions when the electric or gas utility, upon  
            written authorization, is uploading the energy consumption  
            data for the account specified for a building to the United  
            States Environmental Protection Agency's ENERGY STAR Portfolio  
            Manager (ESPM). 

          2)Requires that an owner or operator of a nonresidential  
            building disclose ESPM benchmarking data and ratings for the  
            most recent 12-month period to a prospective buyer, lessee of  
            the entire building, or lender that would finance the entire  
            building based on a schedule of compliance established by the  
            California Energy Commission (CEC).
           
          EXISTING LAW :

          1)Requires that upon the authorization of a nonresidential  
            building owner or operator, an electric or gas utility upload  








                                                                  AB 531
                                                                  Page  2


            may all of the energy consumption data for the account  
            specified for a building to the ESPM. 

          2)Requires that an owner or operator of a nonresidential  
            building disclose the ESPM benchmarking data and ratings for  
            the most recent 12-month period to a prospective buyer, lessee  
            of the entire building, or lender that would finance the  
            entire building on and after January 1, 2010.

          3)States that utility customer information regarding  
            customer-specific billing, credit, or usage information shall  
            be confidential unless the customer consents in writing. 

           FISCAL EFFECT  :  Absorbable costs to the CEC, which is currently  
          implementing the statute modified by this bill.

           COMMENTS  :   According to the author, this bill is needed in  
          order for utilities to disclose the necessary customer usage  
          data in order to comply with the state's benchmarking law  
          without violating existing utility consumer confidentiality  
          laws.  This bill also removes the hard implementation date of  
          January 1, 2010, and instead allows CEC to develop a feasible  
          implementation schedule.


           Analysis Prepared by  :    Nina Kapoor / U. & C. / (916) 319-2083 


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