Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1966


Introduced by Assembly Member Travis Allen

February 12, 2016


An act to amend Sectionbegin delete 2802end deletebegin insert 2805end insert of the Public Utilities Code, relating to energy.

LEGISLATIVE COUNSEL’S DIGEST

AB 1966, as amended, Travis Allen. Energy:begin delete private energy producers.end deletebegin insert conventional power sources.end insert

Under existing law, the Public Utilities Commission has regulatory jurisdiction over public utilities, including electrical corporations, as defined. Existing law permits a private energy producer, as defined, to generate electricity not generated from conventional sources, asbegin delete defined, solely for its own use or the use of its tenants, or generating electricity to or for any electrical corporation, heat corporation, state agency, city, county, district, or an association thereof, but not the public,end deletebegin insert specified,end insert without becoming a public utility subject to the general jurisdiction of the commission.begin insert Under existing law, a conventional power source includes, but is not limited to, power derived from the operation of a hydropower facility greater than 30 megawatts.end insert

begin delete

This bill would make nonsubstantive changes to this provision.

end delete
begin insert

This bill would instead include the operation of a hydropower facility greater than 35 megawatts as a conventional power source.

end insert

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 2805 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is
2amended to read:end insert

3

2805.  

“Conventional power source” means power derived from
4nuclear energy or the operation of a hydropower facility greater
5thanbegin delete 30end deletebegin insert 35end insert megawatts or the combustion of fossil fuels, unless
6cogeneration technology, as defined in Section 25134 of the Public
7Resources Code, is employed in the production ofbegin delete suchend deletebegin insert thatend insert power.

begin delete
8

SECTION 1.  

Section 2802 of the Public Utilities Code is
9amended to read:

10

2802.  

“Private energy producer” includes every person,
11corporation, city, county, district, and public agency of the state
12generating or producing electricity not generated from conventional
13sources or natural gas for energy either directly or as a byproduct
14solely for its own use or the use of its tenants; or generating or
15producing electricity, or owning the means thereof, to or for any
16electrical corporation, heat corporation, state agency, city, county,
17district, or an association thereof, but not to or for the public for
18any other purpose. Notwithstanding any other law, a private energy
19producer shall not be found to be a public utility subject to the
20general jurisdiction of the commission solely because of conducting
21an activity authorized by this chapter.

end delete


O

    98