Amended in Assembly April 25, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 340

Introduced by Assembly Member Bradford

February 13, 2013

An act to add Section 383 to the Public Utilities Code, relating to public utilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 340, as amended, Bradford. Public utilities: Electric Program Investment Charge: disposition.

Under existing law, the Public Utilities Commission begin delete (PUC) end delete has regulatory authority over public utilities, including electrical corporations, as defined. The Reliable Electric Service Investments Act required the begin delete PUC end delete begin insert commission end insert to require the state’s 3 largest electrical corporations, until January 1, 2012, to identify a separate electrical rate component, commonly referred to as the public goods charge, to collect specified amounts to fund energy efficiency, renewable energy, and research, development, and demonstration programs that enhance system reliability and provide in-state benefits. begin delete An existing decision end delete begin insert Existing decisions end insert of the begin delete PUC institutes end delete begin insert commission institute end insert an Electric Program Investment Charge begin delete (EPIC) end delete begin insert , referred to as EPIC, end insert to fund begin delete renewable energy and end delete research, development, and demonstration programs.

begin insert

The California Constitution authorizes the commission to establish rules for all public utilities, subject to control by the Legislature. Existing law directs the commission to require every electrical, gas, water, wireless telecommunications service provider, and telephone corporation with annual gross revenues exceeding $25,000,000, and their regulated subsidiaries and affiliates, to implement a program developed by the commission to encourage, recruit, and utilize minority, women, and disabled veteran-owned business enterprises, as defined, in the procurement of contracts from those corporations or from their regulated subsidiaries and affiliates. The commission, by its rulemaking authority, has adopted General Order 156, applicable to certain electrical, gas, and telephone corporations, to effectuate these requirements.

end insert

This bill would require the begin delete PUC end delete begin insert commission end insert to begin delete require end delete begin insert establish a program to encourage the use of women, minority, and disabled veteran-owned businesses as prime contractors and subcontractors for end insert all grants, contracts, subsidies, financing, and activities administered through the EPIC begin delete to comply end delete begin insert consistent end insert with General Order 156 of the begin delete PUC end delete begin insert commission end insert .

begin insert

Existing law requires the commission to provide to the Legislature a specified report on the progress of activities undertaken by certain entities in the implementation of women, minority, and disabled veteran-owned business enterprise development programs.

end insert begin insert

This bill would require the commission to include in its 2014 report a status report on the commission’s progress in increasing the participation of women, minorities, and disabled veteran-owned businesses, as specified.

end insert

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

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

SECTION 1.  

Section 383 is added to the Public Utilities Code,
to read:

383.  

(a) The Legislature finds and declares that the Public
Utilities Commission adopted the Electric Program Investment
Charge (EPIC) pursuant to begin delete Decisions end delete begin insert Decision end insert 11-12-035 (Phase
1 Decision Establishing Interim Research, Development And
Demonstration, And Renewables Programs Funding Levels) begin insert , as
modified by Decision 13-01-016 (Order Modifying Decision (D.)
11-12-035 and Denying Rehearing of Decision, As Modified), end insert and
begin insert Decision end insert 12-05-037 (Phase 2 Decision Establishing Purposes and
Governance for EPIC and Establishing Funding Collections for
2013-2020) begin insert , as corrected by Decision 12-07-001 ( end insert begin insert Order
Correcting Error) end insert .

(b) To promote greater competition among suppliers of research,
development, and demonstration programs and to expand the
available base and encourage greater economic opportunity for
women, begin delete minorities end delete begin insert minority end insert , and disabled begin delete veteran owned end delete
begin insert veteran-owned end insert businesses historically left out of research,
development, and demonstration programs, the commission shall
begin delete require end delete begin insert establish a program through an existing or new proceeding,
or by modifying an existing general order, to encourage the use
of women, minority, and disabled veteran-owned businesses as
prime contractors and subcontractors for end insert all grants, contracts,
subsidies, financing, and activities administered through the EPIC
established by Decisions 11-12-035 and 12-05-037, and related
and subsequent decisions, begin delete to comply end delete begin insert consistent end insert with General Order
156 of the commission.

(c) Not later than 2014, the commission shall include a status
report on its begin delete compliance with end delete begin insert progress pursuant to end insert this section begin insert in
increasing the participation of women, minority, and disabled
veteran-owned businesses as prime contractors and subcontractors end insert
in its annual report to the Legislature begin insert pursuant to subdivision (e)
of Section 8283 end insert .

(d) Nothing in this section provides the commission with any
authority to order the collection of the moneys consistent with
Decision 11-12-035, Decision 12-05-037, or to increase the amount
collected through the EPIC.