BILL NUMBER: AB 340 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 25, 2013
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 (PUC)
has regulatory authority over public utilities, including
electrical corporations, as defined. The Reliable Electric Service
Investments Act required the PUC commission
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. An existing
decision Existing decisions of the PUC
institutes commission institute an Electric
Program Investment Charge (EPIC) , referred
to as EPIC, to fund renewable energy and
research, development, and demonstration programs.
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.
This bill would require the PUC commission
to require establish a program to
encourage the use of women, minority, and disabled veteran-owned
businesses as prime contractors and subcontractors for all
grants, contracts, subsidies, financing, and activities administered
through the EPIC to comply consistent
with General Order 156 of the PUC commission
.
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.
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.
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 Decisions Decision
11-12-035 (Phase 1 Decision Establishing Interim Research,
Development And Demonstration, And Renewables Programs Funding
Levels) , as modified by Decision 13-01-016 (Order Modifying
Decision (D.) 11-12-035 and Denying Rehearing of Decision, As
Modified), and Decision 12-05-037 (Phase 2 Decision
Establishing Purposes and Governance for EPIC and Establishing
Funding Collections for 2013-2020) , as corrected by Decision
12-07-001 ( Order Correcting Error) .
(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,
minorities minority , and disabled
veteran owned veteran-owned businesses
historically left out of research, development, and demonstration
programs, the commission shall require
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 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, to comply consistent with
General Order 156 of the commission.
(c) Not later than 2014, the commission shall include a status
report on its compliance with progress
pursuant to this section in increasing the participation
of women, minority, and disabled veteran-owned businesses
as prime contractors and subcontractors in its annual report to
the Legislature pursuant to subdivision (e) of Section 8283
.
(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.