Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2323


Introduced by Assembly Member Ridley-Thomas

February 18, 2016


An act tobegin delete amend Section 39600 of the Health and Safety Code, relating to air pollution.end deletebegin insert add Section 740.13 to the Public Utilities Code, relating to energy.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2323, as amended, Ridley-Thomas. begin deleteState Air Resources Board. end deletebegin insertElectricity: rates: low-carbon fuel production facilities.end insert

begin insert

Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities, including electrical corporations. Existing law authorizes the PUC to fix the rates and charges for every public utility, and requires that those rates and charges be just and reasonable. Existing law, with certain exceptions, prohibits a public utility from changing any rate, except upon a showing before the PUC and a finding by the PUC that the new rate is justified.

end insert
begin insert

Existing law, enacted as part of the Clean Energy and Pollution Reduction Act of 2015, requires the PUC, in consultation with the State Energy Resources Conservation and Development Commission and the State Air Resources Board, to direct electrical corporations to file applications for programs and investments to accelerate widespread transportation electrification to reduce dependence on petroleum, meet air quality standards, achieve the goals set forth in the Charge Ahead California Initiative, and reduce emissions of greenhouse gases to 40% below 1990 levels by 2030 and to 80% below 1990 levels by 2050. That law requires that the programs proposed by electrical corporations seek to minimize overall costs and maximize overall benefits. The PUC is required to approve, or modify and approve, programs and investments in transportation electrification, including those that deploy charging infrastructure, through a reasonable cost recovery mechanism, if they are consistent with the above-described purposes, do not unfairly compete with nonutility enterprises, include performance accountability measures, and are in the interests of ratepayers, as specified.

end insert
begin insert

This bill would require an electrical corporation that offers time-of-use rates, critical peak pricing, real-time pricing, or peak time rebates for the charging of electric vehicles, as part of a program to encourage transportation electrification, to offer similar rates to low-carbon fuel production facilities and public and private fueling stations dedicated to providing low-carbon fuels for transportation purposes.

end insert
begin insert

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.

end insert
begin insert

Because the provisions of this bill are within the act, and because a violation of an order of the commission under these provisions would be a crime, the bill would impose a state-mandated local program.

end insert
begin insert

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.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert
begin delete

Existing law creates the State Air Resources Board as the state agency with the primary responsibility over regulation of air pollution. Existing law authorizes the state board to do such acts as may be necessary for the proper execution of the powers and duties granted to, and imposed upon, the state board.

end delete
begin delete

This bill would make technical, nonsubstantive changes to this authorization.

end delete

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

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 740.13 is added to the end insertbegin insertPublic Utilities
2Code
end insert
begin insert, to read:end insert

begin insert
P3    1

begin insert740.13.end insert  

An electrical corporation that offers time-of-use rates,
2critical peak pricing, real-time pricing, or peak time rebates for
3the charging of electric vehicles, as part of a program to encourage
4transportation electrification, shall offer similar rates to
5low-carbon fuel production facilities and public and private fueling
6stations dedicated to providing low-carbon fuels for transportation
7purposes. Nothing in this section requires an electrical corporation
8to offer time-of-use rates, critical peak pricing, real-time pricing,
9or peak time rebates to low-carbon fuel production facilities or
10low-carbon fueling stations that do not offer special electric service
11rates designed to encourage the use of electric vehicles.

end insert
12begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
13Section 6 of Article XIII B of the California Constitution because
14the only costs that may be incurred by a local agency or school
15district will be incurred because this act creates a new crime or
16infraction, eliminates a crime or infraction, or changes the penalty
17for a crime or infraction, within the meaning of Section 17556 of
18the Government Code, or changes the definition of a crime within
19the meaning of Section 6 of Article XIII B of the California
20Constitution.

end insert
begin delete21

SECTION 1.  

Section 39600 of the Health and Safety Code is
22amended to read:

23

39600.  

The state board shall do those acts as may be necessary
24for the proper execution of the powers and duties granted to, and
25imposed upon, the state board by this division and by any other
26law.

end delete


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