Amended in Assembly April 16, 2013

Amended in Assembly April 1, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 270


Introduced by Assembly Member Bradford

February 7, 2013


An act to add Sections 589 and 747.6 to the Public Utilities Code, relating to public utilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 270, as amended, Bradford. Public utilities: ratepayer-funded energy efficiency assistance.

(1) Under existing law, the Public Utilities Commissionbegin delete (PUC)end delete has regulatory authority over public utilities, including electrical and gas corporations. The Public Utilities Act requires thebegin delete PUCend deletebegin insert commissionend insert to require electrical and gas corporations to establish various ratepayer-funded energy efficiency assistance programs. 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.

This bill would require thebegin delete PUCend deletebegin insert commissionend insert to require the electrical and gas corporations to cooperate in establishing, by June 1, 2014, a publicly available Internet Web site containing specified information regarding ratepayer-funded energy efficiency programs. Because a violation of this provision is a crime, this bill would create a state-mandated local program.

(2) Existing law requires thebegin delete PUCend deletebegin insert commissionend insert to prepare and submit to the Governor and the Legislature an annual report on the costs of programs and activities conducted by each electrical and gas corporation.

This bill would require thebegin delete PUCend deletebegin insert commissionend insert to include in that annual report information on its effort to identifybegin delete and eliminateend delete ratepayer-funded energy efficiency programs thatbegin delete duplicateend deletebegin insert are similarend insert programs administered by other specified state agenciesbegin insert and to require revisions to ratepayer-funded energy efficiency programs to ensure that those programs complement and do not duplicate the programs of other state agenciesend insert.

(3) 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. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) It is in the public interest to be able to measure the
4effectiveness of energy efficiency programs to ensure that the
5state’s interest in achieving its energy efficiency and climate change
6goals are met.

7(b) Over the past 15 years, California ratepayers and taxpayers
8have spent a combined total of roughly $15 billion to support
9development of energy efficiency and renewable energy in
10California.

11(c) California currently lacks a comprehensive framework that
12coordinates its efforts among programs administered by the Public
13Utilities Commission, the State Energy Resources Conservation
14and Development Commission, the State Air Resources Board,
15and the California Alternative Energy and Advanced Transportation
16Financing Authority.

17(d) Current expenditures planned for energy efficiency in
182012-13 are $1 billion, and, historically, $9 billion have been
19expended for energy efficiency programs funded by California
20ratepayers.

21(e) There currently exists an information gap that inhibits
22assessment and monitoring of the expenditures of ratepayer funds
P3    1expended toward energy efficiency improvements and programs,
2and research, development, and demonstration programs.

3

SEC. 2.  

Section 589 is added to the Public Utilities Code, to
4read:

5

589.  

(a) In an existing or new proceeding, the commission
6shall require the electrical and gas corporations to cooperate in
7establishingbegin delete anend deletebegin insert a singleend insert Internet Web site available to the public
8that provides up-to-date informationbegin insert, no less frequent than once
9every 30 days,end insert
regarding ratepayer-funded energy efficiency
10assistance programs thatbegin insert, to the extent the information is available,
11in an aggregate format that would not provide identifying
12information about individual customers of the electrical and gas
13corporations,end insert
include all of the following:

14(1) The types of energy efficiency measures installed.

15(2) The location of each customer receiving ratepayer-funded
16energy efficiency begin deleteassistance without disclosing personal
17information about the customer.end delete
begin insert assistance.end insert

18(3) The amount of funds expended at each site.

19(4) The expected annual energy savings and reduced energy
20usage expected in kilowatthours or therms.

21(b) (1) The commission shall order the electrical and gas
22corporations to establish, based on data, ratepayer-funded energy
23efficiency assistance program reports on program totals,
24geographical and monthly statistics, cost distribution, and progress
25toward program goals.

26(2) The electrical and gas corporations shall make the reports
27available on the Internet Web site established pursuant to
28subdivision (a).

29(c) The commission shall require the electrical and gas
30corporations to publish data, including the amount expended, on
31the ratepayer-funded energy efficiency programs that are not direct
32retrofits, including, but not limited to, research on building and
33appliance standards and marketing and outreach, on the Internet
34Web site established pursuant to subdivision (a).

35(d) The commission shall take necessary steps to ensure the
36Internet Web site established pursuant to subdivision (a) is
37available to the public on or before June 1, 2014.

38(e) The commission shall have a link to the Internet Web site
39established pursuant to subdivision (a) on the commission’s Internet
40Web site and require the electrical and gas corporations to have a
P4    1link to the Internet Web site established pursuant to subdivision
2(a) onbegin delete itsend deletebegin insert the appropriate page of theend insert Internet Web sitebegin insert of each
3electrical and gas corporationend insert
.

begin insert

4(f) Unless the affected person, customer, or entity consents, the
5information, data, and reports required to be provided pursuant
6to this section shall not include any of the following:

end insert
begin insert

7(1) Personal information as defined in subdivision (e) of Section
81798.80 of the Civil Code.

end insert
begin insert

9(2) A customer’s electrical or gas consumption data as defined
10in subdivision (a) of Section 8380.

end insert
begin insert

11(3) Other information excluded from public disclosure pursuant
12to the California Public Records Act (Chapter 3.5 (commencing
13with Section 6250) of Division 7 of Part 1 of the Government
14Code).

end insert
15

SEC. 3.  

Section 747.6 is added to the Public Utilities Code, to
16read:

17

747.6.  

The commission shall report annually on its effort to
18identifybegin delete and eliminateend delete ratepayer-funded energy efficiency programs
19that arebegin delete duplicative ofend deletebegin insert similar toend insert programs administered by the
20begin delete Stateend delete Energy begin deleteResources Conservation and Development end delete
21Commission, the State Air Resources Board, and the California
22Alternative Energy and Advanced Transportation Financing
23Authority in its annual report prepared pursuant to subdivision (b)
24of Section 747begin insert and to require revisions to ratepayer-funded
25programs, as necessary, to ensure that the ratepayer-funded
26programs complement and do not duplicate programs of other
27state agenciesend insert
.

28

SEC. 4.  

No reimbursement is required by this act pursuant to
29Section 6 of Article XIII B of the California Constitution because
30the only costs that may be incurred by a local agency or school
31district will be incurred because this act creates a new crime or
32infraction, eliminates a crime or infraction, or changes the penalty
33for a crime or infraction, within the meaning of Section 17556 of
34the Government Code, or changes the definition of a crime within
35the meaning of Section 6 of Article XIII B of the California
36Constitution.



O

    97