BILL NUMBER: AB 2141	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 5, 2016

INTRODUCED BY   Assembly Member Ting

                        FEBRUARY 17, 2016

   An act to add Section 748 to the Public Utilities Code, relating
to  electricity.   energy. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2141, as amended, Ting.  Energy-efficient refrigeration
program: low-income communities.   Energy assistance:
Corner stores. 
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including electrical corporations.
Existing law authorizes the commission to fix the rates and charges
for every public utility, and requires that those rates and charges
be just and reasonable. Existing law requires each electrical
corporation and gas corporation to develop and implement a program of
rate assistance to eligible food banks at a fixed percentage to be
determined by the commission and subject to direction and supervision
by the commission. Existing law requires all public utilities to
develop programs, in cooperation with local school districts, to
reduce their electricity and gas bills through conservation and
improvements in efficiency. Pursuant to existing law, the commission
supervises various energy efficiency and low-income targeted energy
efficiency programs administered by electrical corporations, gas
corporations, and third-party administrators.
   This bill would require  an   each 
electrical corporation  and gas corporation  to develop a
program, subject to direction and supervision by the commission, that
 promotes the placement of free or low-cost energy-efficient
refrigeration in corner grocery stores in low-income communities in
order to provide convenient fresh food options in those communities.
  provides incentives and   assistance to
owners, operators, or lessees   of corner stores, as
defined, to reduce their electricity and gas bills through
conservation and energy efficiency improvements, including the
placement or replacement of free or low-cost energy-efficient
refrigeration in order to improve a community's access to healthy and
fresh food options. The bill would require that the program give
priority to low-income or lower income, as defined, areas and
communities, areas and communities with limited access to healthy
food, including those areas and communities that are considered to be
food deserts, as defined, and communities with higher rates of
diet-related diseases, as defined. The bill would require each
electrical and gas corporation to submit its proposal for the program
to the commission by January 1, 2018, and would require the
commission to   authorize or deny implementation of the
program by July 1, 2018. 
   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.
   Because the provisions of this bill would be a part of the act and
because a violation of an order or decision of the commission
implementing its requirements would be a crime, the bill would impose
a state-mandated local program by creating a new crime.
   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 748 is added to the Public
Utilities Code, to read:
   748.  Subject to direction and supervision by the commission, each
electrical corporation shall develop a program that promotes the
placement of free or low-cost energy-efficient refrigeration in
corner grocery stores in low-income communities in order to provide
convenient fresh food options in those communities. 
   SECTION 1.    Section 748 is added to the  
Public Utilities Code   , to read:  
   748.  (a) For purposes of this section, the following terms have
the following meanings:
   (1) "Corner store" means a small-scale store or grocery store,
either an independent store or a chain store, that sells a limited
selection of foods and other products, in rural, urban, and suburban
settings. "Corner store" includes stores that are not located on a
corner and stores commonly referred to as convenience stores or
neighborhood stores.
   (2) "Diet-related diseases" includes, but is not limited to,
obesity, diabetes, cancer, and cardiovascular diseases.
   (3) "Food desert" means an area or community that lacks or is
absent of grocery stores or supermarkets that sell fresh produce and
healthy food options.
   (4) "Low-income or lower income" means households with annual
incomes that are no greater than 400 percent of the federal poverty
level.
   (b) (1) Subject to the direction and approval of the commission,
each electrical corporation and gas corporation shall develop and
implement a program to provide incentives and assistance to owners,
operators, or lessees of corner stores to reduce their electricity
and gas bills through conservation and energy efficiency
improvements, including, but not limited to, the placement or
replacement of free or low-cost energy-efficient refrigeration in
order to improve a community's access to healthy and fresh food
options.
   (2)  The program shall require participating corner stores to
agree to sell fresh produce and other healthy foods for a minimum of
three years. The commission may impose other conditions to ensure the
integrity of the program and to protect ratepayers. The three year
requirement shall not be enforceable if the individual or entity, or
its successor, owning, operating, or leasing the corner store ceases
all of its retail food sales operations.
   (3) The program shall give priority to, but is not limited to, the
following:
   (A) Low-income or lower income areas and communities.
   (B) Areas and communities with limited access to healthy food,
including those that are considered to be food deserts.
   (C) Communities with higher rates of diet-related diseases.
   (4) The program shall encourage and include outreach to corner
stores to promote participation.
   (c) (1) Each electrical corporation and gas corporation shall
submit its proposal for the program to the commission by January 1,
2018.
   (2) The commission may approve the proposal, modify and approve
the proposal, or direct the utility to file a new proposal with
elements specified by the commission by a date certain.
   (3) The commission shall authorize or deny implementation of the
program by July 1, 2018.
   (d) The commission shall implement an equitable means to fund the
program, which may include, but is not limited to, overcollections
pursuant to the California Alternate Rates for Energy (CARE) program,
the Energy Savings Assistance Program established pursuant to
Section 382, and other energy efficiency funds or programs subject to
the commission's oversight.
  SEC. 2.  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.