BILL NUMBER: AB 1235 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 24, 2012
AMENDED IN SENATE SEPTEMBER 2, 2011
AMENDED IN SENATE JULY 13, 2011
AMENDED IN ASSEMBLY MAY 5, 2011
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Roger Hernández
FEBRUARY 18, 2011
An act to add Section 33459.7 Sections
384.5 and 399.5 to the Health and Safety
Public Utilities Code, relating to redevelopment,
and declaring the urgency thereof, to take effect immediately
energy .
LEGISLATIVE COUNSEL'S DIGEST
AB 1235, as amended, Roger Hernández. Polanco
Redevelopment Act: transfer of authority, powers, obligations.
Energy: energy efficiency.
Under the Public Utilities Act (the act), the Public Utilities
Commission (PUC) has regulatory authority over public utilities,
including electrical corporations. The act requires the commission 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. Existing
law 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
establish efficiency targets. A violation of the act is a crime.
This bill would require an electrical corporation, as defined, as
part of the above-described energy efficiency targets, to replace
with high-efficiency light bulbs up to 100 low-efficiency light bulbs
in any street light poles, as defined, that the electrical
corporation owns, at the same rate as the city, county, or city and
county in which any of the electrical corporation's street light
poles are located. This bill would state the intent of the
Legislature that this program be funded through existing collection
mechanisms, and that the implementation of this program not result in
an increase in any amount collected.
This bill would also require an electrical corporation, for
purposes of the state's investment in cost-effective energy
efficiency programs and energy efficiency targets, to post on its
Internet Web site specified information related to the electrical
corporation's energy efficiency programs, including a description of
the programs and their costs and benefits, the sources of funding,
expenditures and investments, and eligibility information.
By placing new requirements on electrical corporations, this bill
would expand the definition of a crime and therefore create a
state-mandated local program.
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.
The Polanco Redevelopment Act specifies, among other things, that
a redevelopment agency that undertakes and completes an action, or
causes another person to undertake and complete an action, to remedy
or remove a hazardous substance release on, under, or from property
within a redevelopment project, in accordance with a cleanup or
remedial action plan prepared by a qualified independent contractor
and approved by the department or a California regional water quality
control board or a local agency, is not liable, with respect to that
release only, under the Porter-Cologne Water Quality Control Act,
and specified hazardous waste control and storage provisions, or any
other state or local law providing liability for remedial or removal
actions for releases of hazardous substances.
This bill would apply all authority, rights, powers, duties, and
obligations, and protections afforded to a redevelopment agency under
the Polanco Redevelopment Act to a successor agency, as defined, for
any property that was within a redevelopment project of a
redevelopment agency that has been dissolved by an act of the
Legislature.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3 majority . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 384.5 is added to the
Public Utilities Code , to read:
384.5. (a) It is the intent of the Legislature that the program
created by this section be funded through existing collection
mechanisms for the purposes of achieving cost-effective electricity
savings and establishing energy efficiency targets, and that the
implementation of this program not result in an increase in any
amount collected for these purposes.
(b) As part of the energy efficiency targets created pursuant to
Section 454.55, an electrical corporation shall, for street light
poles the electrical corporation owns, implement a program targeting
the replacement of low-efficiency light bulbs with high-efficiency
light bulbs.
(c) For any street light poles owned by an electrical corporation,
the electrical corporation shall install high-efficiency light bulbs
in those street light poles at the same rate that the city, county,
or city and county in which those street light poles are located has
installed high-efficiency light bulbs.
(d) An electrical corporation shall not be required to replace
more than 100 energy efficient light bulbs on street light posts
pursuant to subdivision (c), even if the city or county has installed
energy efficient light bulbs in excess of that quantity.
(e) For the purposes of this section, the following terms have the
following meanings:
(1) "Electrical corporation" means an electrical corporation, as
defined in Section 218, with at least 100,000 service connections in
California.
(2) "Street light pole" means a pole, arm, or fixture used
primarily for street, pedestrian, or security lighting.
SEC. 2. Section 399.5 is added to the
Public Utilities Code , to read:
399.5. (a) For purposes of the state's investment in
cost-effective energy efficiency programs and energy efficiency
targets, an electrical corporation with over 100,000 service
connections in California shall post on its Internet Web site all of
the following information:
(1) A general description of the electrical corporation's energy
efficiency programs and demand reduction programs available in their
service area.
(2) The methodology by which energy efficiency projects are
determined to be cost effective.
(3) Consumer information to assist customers in understanding the
costs and benefits of energy efficiency measures and financing
options.
(4) Sources of funding for investments in energy efficiency
programs and demand reduction investments.
(5) The total budget for energy efficiency programs demand
reduction investments during the then current fiscal year, including
the amount of nonencumbered available funds.
(6) A summary of expenditures for energy efficiency programs made
in the then current fiscal year, including any investments pursuant
to those programs that the electrical corporation has awarded to a
city, county, third-party organization, or community organization,
the name of the city, county, third-party organization, and community
organization, along with the city of location for the third-party
organization and community organization.
(7) Eligibility criteria, contact information for applying for
funds, and application deadlines.
(b) The information required by subdivision (a) may be made
accessible through a uniform resource locator connection on an
Internet Web site, and shall be updated at least twice annually.
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.
SECTION 1. Section 33459.7 is added to the
Health and Safety Code, to read:
33459.7. (a) If a redevelopment agency has been dissolved by an
act of the Legislature and its successor agency maintains all the
authority, rights, powers, duties, and obligations that were vested
by this part in the redevelopment agency prior to its dissolution,
then all authority, rights, powers, duties, obligations, and
protections that applied to a redevelopment agency pursuant to this
article shall also apply to the successor agency for any property
that was within a redevelopment project of the redevelopment agency
prior to its dissolution.
(b) For purposes of this section, "successor agency" means the
city, county, or city and county that authorized the creation of each
redevelopment agency.
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 conform to recently enacted legislation, it is
necessary that this act take immediate effect.