BILL NUMBER: AB 2323	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 17, 2016

INTRODUCED BY   Assembly Member Ridley-Thomas

                        FEBRUARY 18, 2016

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2323, as amended, Ridley-Thomas.  State Air Resources
Board.   Electricity: rates: low-carbon fuel production
facilities.  
   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.  
   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.  
   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.  
   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 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.  
   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.  
   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.  
   This bill would make technical, nonsubstantive changes to this
authorization. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 740.13 is added to the 
 Public Utilities Code   , to read:  
   740.13.  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, shall offer similar rates to
low-carbon fuel production facilities and public and private fueling
stations dedicated to providing low-carbon fuels for transportation
purposes. Nothing in this section requires an electrical corporation
to offer time-of-use rates, critical peak pricing, real-time pricing,
or peak time rebates to low-carbon fuel production facilities or
low-carbon fueling stations that do not offer special electric
service rates designed to encourage the use of electric vehicles.

   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.  
  SECTION 1.    Section 39600 of the Health and
Safety Code is amended to read:
   39600.  The state board shall do those acts as may be necessary
for the proper execution of the powers and duties granted to, and
imposed upon, the state board by this division and by any other law.