BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 674| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 674 Author: Padilla (D) Amended: 7/6/11 Vote: 21 SENATE ENERGY, UTIL. & COMM. COMMITTEE : 11-0, 4/5/11 AYES: Padilla, Fuller, Berryhill, Corbett, De León, DeSaulnier, Pavley, Rubio, Simitian, Strickland, Wright SENATE JUDICIARY COMMITTEE : 5-0, 4/26/11 AYES: Evans, Harman, Blakeslee, Corbett, Leno SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 74-0, 8/18/11 - See last page for vote SUBJECT : Telecommunications: master-metering: data security SOURCE : Author DIGEST : This bill repeals the California High Speed Internet Access Act of 1999, clarifies that contracts between utilities and third parties to facilitate a customers access to consumption data require a customer's prior consent for the third party use and release of a customer's data for a secondary commercial purpose, and excludes from the definition of rebate an incentive received from the California Solar Initiative for a solar thermal or photovoltaic system that service only a CONTINUED SB 674 Page 2 mobilehome park. Assembly Amendments make a technical change. ANALYSIS : Existing law 1. The California High Speed Internet Access Act of 1999, among other things, requires the Public Utilities Commission to monitor and participate in a specified proceeding of the Federal Communications Commission addressing whether to require incumbent local exchange carriers, as defined, to permit interconnection by competitive data local exchange carriers, as defined, at any technically feasible point, to permit those competitive local exchange carriers to provide high bandwidth data services over telephone lines with voice services provided by incumbent local exchange carriers. 2. Requires an investor-owned utility (IOU) or publicly owned utility (POU) using advanced metering (smart meters) to protect consumers energy usage data from unauthorized access or disclosure. 3. Requires a mobilehome park owner which provides master meter service to its tenants to pass on to each customer the proportional share of any rebate that the mobilehome park owner receives from an IOU. 4. Requires the California Public Utilities Commission CONTINUED SB 674 Page 3 (CPUC) to monitor and participate in a 1999 proceeding of the Federal Communications Commission. This bill 1. This bill repeals the California High Speed Internet Access Act of 1999 2. Clarifies that contracts between utilities and third parties to facilitate a customer's access to consumption data require a customer's prior consent for the third party use and release of a customer's data for a secondary commercial purpose. 2. Excludes from the definition of rebate an incentive received from the California Solar Initiative (CSI) for a solar thermal or photovoltaic system that service a mobilehome park. 3. Repeals this obsolete provision. Comments According to the author's office, this is a code maintenance bill in which the author has repealed an obsolete section of the Public Utilities Code and made technical, non-controversial changes to two other sections. 1. This bill makes technical changes to SB 1476 (Padilla, 2010) which were intended in that bill but the author was precluded from making due to legislative deadlines. The language clarifies the requirement in SB 1476 that parties to contracts between utilities and third parties will follow the principles behind the bill and include in the terms of contracts between CONTINUED SB 674 Page 4 them that a customer's prior consent will always be required for the use and release of a customer's data for a secondary commercial purpose. 2. Under current law a mobilehome park operator which in essence acts in the place of a utility for its park tenants is referred to as a master meter and must extend any funds received in the form of rebates to all of its submetered customers (tenants). This bill would, only for incentive payments under the CSI, permit the master meter to receive and retain the incentive payments if the installed solar only serves the common area of the mobilehome park. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 8/18/11) Western Manufactured Housing Communities Association ASSEMBLY FLOOR : AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill Berryhill, Block, Blumenfield, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Roger Hernández, Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, Norby, Olsen, CONTINUED SB 674 Page 5 Pan, Perea, V. Manuel Pérez, Portantino, Silva, Skinner, Smyth, Solorio, Swanson, Wagner, Wieckowski, Williams, Yamada, John A. Pérez NO VOTE RECORDED: Bonilla, Cedillo, Gorell, Hill, Torres, Valadao RM:rm 8/18/11 Senate Floor Analyses SUPPORT/OPPOSITION: NONE RECEIVED **** END **** CONTINUED