BILL NUMBER: SB 806	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 4, 2010
	AMENDED IN SENATE  APRIL 29, 2009
	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Wiggins
   (Coauthor: Senator Padilla)

                        FEBRUARY 27, 2009

   An act to amend Section  399.4 of, and to add Section 710
to, the Public Utilities Code, relating to energy.  
25500.1 of the Business and Professions Code, relating to alcoholic
beverages. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 806, as amended, Wiggins.  Electrical corporation
energy efficiency programs.   Alcoholic beverages:
tied-house restrictions.  
   The Alcoholic Beverage Control Act contains limitations on sales
commonly known as "tied-house" restrictions, which generally prohibit
a manufacturer, winegrower, manufacturer's agent, California
winegrower's agent, rectifier, distiller, bottler, importer, or
wholesaler from furnishing, giving, or lending any money or other
thing of value to any person engaged in operating, owning, or
maintaining any off-sale licensed premises. Existing law provides
that, for purposes of these provisions, the listing of the names,
addresses, telephone numbers or e-mail addresses, or both, or
Internet Web site addresses, of two or more unaffiliated on-sale
retailers selling wine or brandy, or both, and operating and licensed
as bona fide public eating places selling the wine or brandy
produced, distributed or imported by a nonretail industry member in
response to a direct inquiry from a consumer received by telephone,
by mail, by electronic Internet inquiry or in person does not
constitute a thing of value or prohibited inducement to the listed
on-sale retailer, if specified conditions are met.  
   This bill would revise the direct inquiry provisions to include
any electronic inquiries from consumers.  
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including electrical corporations,
as defined. Existing law restructuring the electrical service
industry states that it is the policy of the state and the intent of
the Legislature that the commission continue to administer
cost-effective energy efficiency programs. Pursuant to decisions and
orders of the commission, the commission supervises energy efficiency
programs administered by electrical corporations.  

   This bill would require the commission to limit the administrative
costs, as defined, of energy efficiency programs to not more than 5%
of the funds expended. The bill would, if the commission determines
that incentive payments should be made to electrical corporations and
gas corporations for achieving energy efficiency savings pursuant to
commission-supervised energy efficiency programs, require that the
commission ensure that (1) no incentive payments are awarded to an
electrical corporation or gas corporation unless an independent
verification of energy savings is obtained through an audit conducted
by a party that is not financially interested in the results of the
audit, and (2) incentive payments are only awarded based upon actual
achievement of energy efficiency goals.  
   Under existing law, a violation of the Public Utilities Act or any
order, decision, rule, direction, demand, or requirement of the
commission is a crime.  
   Because the provisions of this bill would be a part of the act and
because a violation of an order or decision of the commission
implementing its requirements would be a crime, the bill would impose
a state-mandated local program by creating a new crime. 

   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 a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 25500.1 of the  
Business and Professions Code   is amended to read: 
   25500.1.   (a)    Notwithstanding Section 25500,
the listing of the names, addresses, telephone  numbers
and/or   numbers, e-mail addresses, or  web
  Internet Web  site addresses, of two or more
unaffiliated on-sale retailers selling  wine and/or brandy
  wine, brandy, or both wine and brandy  and
operating and licensed as bona fide public eating places pursuant to
Section 23038 selling the  wine and/or brandy  
wine, brandy, or both wine and brandy  produced, 
distributed and/or imported  distributed, imported, or
both distributed and imported  by a nonretail industry member in
response to a direct inquiry from a consumer received by telephone,
by mail, by electronic  Internet  inquiry or in
person does not constitute a thing of value or prohibited inducement
to the listed on-sale retailer, provided: 
   (a) 
    (1)  The listing does not also contain the retail price
of the product, and 
   (b) 
    (2)  The listing is the only reference to the on-sale
retailers in the direct communication, and 
   (c) 
    (3)  The listing does not refer only to one on-sale
retailer or only to on-sale retail establishments controlled directly
or indirectly by the same on-sale retailer, and 
   (d) 
    (4)  The listing is made by,  and/or produced
by, and/or paid for   produced by, or paid for, or any
combination thereof  , exclusively by the nonretail industry
member making the response. 
    For 
    (b)    For  the purposes of this
section, "nonretail industry member" is defined as a manufacturer,
winegrower, distiller of  wine and/or brandy  
wine, brandy, or both  , regardless of any other licenses held
directly or indirectly by such person. Except as specifically
provided above, any payment for, making or production, either
directly or indirectly, listing the names, addresses, telephone
 numbers and/or   numbers,  e-mail
addresses, or  web   Internet Web  site
addresses, of on-sale retailers otherwise authorized by this section
by a wholesaler or by a wholesaler that also holds an importer's
license shall constitute the furnishing of a thing of value or
inducement to the listed on-sale retailers in violation of this
division. 
  SECTION 1.    Section 399.4 of the Public
Utilities Code is amended to read:
   399.4.  (a) (1) In order to ensure that prudent investments in
energy efficiency continue to be made that produce cost-effective
energy savings, reduce customer demand, and contribute to the safe
and reliable operation of the electric distribution grid, it is the
policy of this state and the intent of the Legislature that the
commission shall continue to administer cost-effective energy
efficiency programs authorized pursuant to existing statutory
authority.
   (2) As used in this section, the term "energy efficiency"
includes, but is not limited to, cost-effective activities to achieve
peak load reduction that improve end-use efficiency, lower customers'
bills, and reduce system needs.
   (b) The commission, in evaluating energy efficiency investments
under its existing statutory authority, shall also ensure that local
and regional interests, multifamily dwellings, and energy service
industry capabilities are incorporated into program portfolio design
and that local governments, community-based organizations, and energy
efficiency service providers are encouraged to participate in
program implementation where appropriate.
   (c) In order to ensure that energy efficiency programs achieve the
maximum benefits for each dollar of ratepayer funding collected to
support those programs, the commission shall limit the administrative
costs to not more than 5 percent of the funds expended. For the
purposes of this subdivision, "administrative costs" means personnel
and overhead costs associated with the implementation of each measure
and program, but does not include costs associated with the
marketing or evaluation of a measure or a program.  

  SEC. 2.    Section 710 is added to the Public
Utilities Code, to read:
   710.  If the commission determines that incentive payments should
be made to electrical corporations and gas corporations for achieving
energy efficiency savings pursuant to commission-supervised energy
efficiency programs, the commission shall ensure both of the
following:
   (a) No incentive payments are awarded to an electrical corporation
or gas corporation unless an independent verification of energy
savings is obtained through an audit conducted by a party that is not
financially interested in the results of the audit. The results of
the audit shall be approved by the commission in a public proceeding.
The results of the audit shall be made available to the public at
least 30 days prior to any public proceeding in which the commission
will determine whether to accept the results.
   (b) That incentive payments are only awarded based upon actual
achievement of energy efficiency goals. It is the intent of the
Legislature that the steps outlined in Decision 07-09-043 be used to
determine actual achievement of energy efficiency goals by electrical
corporations and gas corporations.  
  SEC. 3.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because 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 XIII B of the
California Constitution.