BILL NUMBER: AB 1073	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 16, 2011
	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Fuentes

                        FEBRUARY 18, 2011

   An act to add  Section 717 to   Chapter 6
(commenci   ng with Section 8390) to Division 4.1 of 
the Public Utilities Code, relating to energy efficiency.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1073, as amended, Fuentes. Electrical corporation energy
efficiency programs: application requirements.
   Under existing law, the Public Utilities Commission (PUC) has
regulatory authority over public utilities, including electrical
corporations  and gas corporations, as defined  . The Public
Utilities Act requires the PUC to review and adopt a procurement
plan for each electrical corporation in accordance with specified
elements, incentive mechanisms, and objectives. The act requires that
an electrical corporation's proposed procurement plan include
certain elements, including a showing that the electrical corporation
will first meet its unmet needs through all available energy
efficiency and demand reduction resources that are cost effective,
reliable, and feasible. The act requires the PUC, in consultation
with the State Energy Resources Conservation and Development
Commission, to identify all potentially achievable cost-effective
electricity efficiency savings and to establish efficiency targets
for electrical corporations to achieve pursuant to their procurement
plan.  The act additionally requires the PUC, in consultation
with the Energy Commission, to identify all potentially achievable
cost-effective natural gas efficiency savings and to establish
efficiency targets for a gas corporation to achieve and requires that
a gas corporation first meet its unmet resource needs through all
available natural gas efficiency and demand response resources that
are cost effective, reliable, and feasible.  The PUC has
approved various energy efficiency programs by electrical
corporations  and gas corporations  . 
   Existing law requires that a local publicly owned electric
utility, in procuring energy to serve the load of its retail end-use
customers, to first acquire all available energy efficiency and
demand reduction resources that are cost effective, reliable, and
feasible, to establish annual targets for energy efficiency savings
and demand reduction, and to report those targets and their basis to
the Energy Commission. 
   This bill would require that  a written building or
construction permit be submitted to the electrical corporation at the
time of application for any ratepayer-funded energy efficiency
incentive for a project that involves a physical alteration or
addition to a residential, commercial, or industrial structure
  the recipient of ratepayer-funded energy efficiency
incentives   certify   that any applicable permits,
as appropriate, for a project that involves a physical alteration or
addition to a residential, commercial, or industrial structure have
been obtained and approved prior to applying for incentives from an
energy utility, as defined  .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 717 is added to the Public
Utilities Code, to read:
   717.  A written building or construction permit shall be submitted
to the electrical corporation at the time of application for any
ratepayer-funded energy efficiency incentive for a project that
involves a physical alteration or addition to a residential,
commercial, or industrial structure.  
  SECTION 1.    Chapter 6 (commencing with Section 8390) is
added to Division 4.1 of the Public Utilities Code, to read: 
      CHAPTER 6.   ENERGY EFFICIENCY PROGRAMS


    8390.  (a) For purposes of this chapter, "energy
utility" means an electrical corporation, gas corporation, local
publicly owned electric utility, or municipal corporation that
provides gas service. 
    (b)     The recipient of ratepayer-funded
energy efficiency incentives shall certify that any applicable
permits, as appropriate, for a project that involves a physical
alteration or addition to a residential, commercial, or industrial
structure have been obtained and approved prior to applying for
incentives from an energy utility.  This requirement does not
apply to an application for ratepayer-funded energy efficiency
incentives for appliances or changes, alterations, or repairs to
structures that are of a minor nature not affecting structural
features, egress, sanitation, safety, or accessibility, as determined
by the entity of local government responsible for the issuance of
building or construction permits.