Amended in Senate August 18, 2015

Amended in Senate July 7, 2015

Amended in Senate June 9, 2015

Amended in Assembly April 16, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 793

Introduced by Assembly Member Quirk

February 25, 2015

An act to amend Section 2790 of, and to add Section 8365 to, the Public Utilities Code, relating to public utilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 793, as amended, Quirk. Energy efficiency.

(1) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations and gas corporations, as defined. Existing law requires the commission to require an electrical or gas corporation to perform home weatherization services for low-income customers if the commission determines that a significant need for those services exists in the corporation’s service territory. For these purposes, existing law authorizes weatherization, where feasible, to include certain measures for a dwelling unit. Existing law also authorizes weatherization, for these purposes, to include other measures determined by the commission to be feasible, taking into consideration the cost-effectiveness of the measures as a whole and the policy of reducing energy-related hardships facing low-income households.

This bill would require weatherization, for the above-specified purposes, to include energy management technology determined by the commission to be feasible, taking into consideration the above-described factors.

(2) Existing law requires the commission, by July 1, 2010, and in consultation with the State Energy Resources Conservation and Development Commission, the Independent System Operator, and other key stakeholders, to determine the requirements for a smart grid deployment plan consistent with specified policies and federal law. Existing law requires each electrical corporation, by July 1, 2011, to develop and submit a smart grid deployment plan to the commission for approval.

This bill would require the commission to require an begin delete energy efficiency program administrator end delete begin insert electrical or gas corporation end insert to develop begin delete and implement a plan to educate residential and small and medium business customers to better understand and control their use of electricity or gas, as provided. The bill would require the commission to require an energy efficiency program administrator to develop an incentive end delete begin insert a end insert program to provide incentives to a residential or small or medium business customer begin delete who acquires end delete begin insert to acquire end insert energy management technology for use in the customer’s home or place of business. begin insert The bill would require the commission to require an electrical or gas corporation to develop a plan to educate residential customers and small and medium business customers about the incentive program. end insert The bill would require the commission to require the begin delete energy efficiency program administrator end delete begin insert electrical or gas corporation end insert to annually report to the commission on actual customer savings resulting from begin delete the education plan and end delete the incentive program.

The bill would require the commission to evaluate all begin delete energy efficiency program administrator end delete begin insert electrical or gas corporation end insert energy savings claims achieved pursuant to the begin delete education plan and end delete incentive program described above in a manner consistent with commission-adopted evaluation protocols.

(3) Because a violation of any part of any order, decision, rule, direction, demand, or requirement of the Public Utilities Commission is a crime, this bill would impose 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.

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

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

SECTION 1.  

Section 2790 of the Public Utilities Code is
amended to read:

2790.  

(a) The commission shall require an electrical or gas
corporation to perform home weatherization services for
low-income customers, as determined by the commission under
Section 739, if the commission determines that a significant need
for those services exists in the corporation’s service territory, taking
into consideration both the cost-effectiveness of the services and
the policy of reducing the hardships facing low-income households.

(b) (1) For purposes of this section, “weatherization” may
include, where feasible, any of the following measures for any
dwelling unit:

(A) Attic insulation.

(B) Caulking.

(C) Weatherstripping.

(D) Low flow showerhead.

(E) Waterheater blanket.

(F) Door and building envelope repairs that reduce air
infiltration.

(2) The commission shall direct any electrical or gas corporation
to provide as many of these measures as are feasible for each
eligible low-income dwelling unit.

(c) “Weatherization” may also include other building
conservation measures, energy management technology,
energy-efficient appliances, and energy education programs
determined by the commission to be feasible, taking into
consideration for all measures both the cost-effectiveness of the
measures as a whole and the policy of reducing energy-related
hardships facing low-income households.

(d) Weatherization programs shall use the needs assessment
pursuant to Section 382.1 to maximize efficiency of delivery.

(e) For purposes of this section, “energy management
technology” may include a product, service, or software that allows
a customer to better understand and manage energy use in the
customer’s home.

SEC. 2.  

Section 8365 is added to the Public Utilities Code, to
read:

8365.  

(a) The commission shall require an begin delete energy efficiency
program administrator end delete begin insert electrical or gas corporation end insert to do the
following:

begin delete

(1) Develop and implement a plan by June 30, 2016, to educate
residential customers and small and medium business customers
to better understand and control their use of electricity or gas. The
plan shall include, where applicable, notification of the incentive
program developed pursuant to paragraph (2). The plan shall
identify the role of energy efficiency program administrators,
demonstrate how efforts will be coordinated, demonstrate how
duplicative costs and redundancies will be avoided, and consider
existing educational and outreach efforts. The commission may
require that the plan be integrated into any education campaign
required by the commission.

end delete begin delete

(2)

end delete

begin insert (1) end insert  Develop a program no later than January 1, 2017, within the
begin delete energy efficiency program administrators end delete begin insert electrical or gas
corporation’s end insert demand-side management programs authorized by
the commission, to provide incentives to a residential or small or
medium business customer begin delete who acquires end delete begin insert to acquire end insert energy
management technology for use in the customer’s home or place
of business. The begin delete energy efficiency program administrator end delete begin insert electrical
or gas corporation end insert may allow third parties or local governments
to apply for incentives on behalf of customers. The begin delete energy
efficiency program administrator end delete begin insert electrical or gas corporation end insert
shall work with third parties, local governments, and other
interested parties in developing the program. The begin delete energy efficiency
program administrator end delete begin insert electrical or gas corporation end insert shall establish
incentive amounts based on savings estimation and baseline
policies adopted by the commission.

begin insert

(2) Develop a plan by September 30, 2016, to educate residential
customers and small and medium business customers about the
incentive program developed pursuant to paragraph (1). The
commission may require that the plan be integrated into, or
coordinated with, any education campaign required by the
commission.

end insert

(3) Annually report to the commission on actual customer
savings resulting from begin delete the education plan and end delete the incentive program
established pursuant to this section. The commission shall evaluate
all begin delete energy efficiency program administrator end delete begin insert electrical or gas
corporation end insert energy savings claims achieved pursuant to the
begin delete education plan and end delete incentive program in a manner consistent with
commission-adopted evaluation begin delete protocols. end delete begin insert protocols and determine
if the program shall continue or be modified. end insert

(b) For purposes of this section, “energy management
technology” may include a product, service, or software that allows
a customer to better understand and manage electricity use in the
customer’s home or place of business.

begin insert

(c) Nothing in this section shall be construed to amend or limit
the ability of a community choice aggregator to apply to administer
an energy efficiency or conservation program or a demand-side
management program as set forth in Section 381.1.

end insert

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.