BILL NUMBER: AB 2323	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2016
	AMENDED IN ASSEMBLY  MARCH 17, 2016

INTRODUCED BY   Assembly Member Ridley-Thomas

                        FEBRUARY 18, 2016

   An act to add Section 740.13 to the Public Utilities Code,
relating to energy.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2323, as amended, Ridley-Thomas. 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  transportation  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.
   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 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  transportation  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 
transportation  fuel production facilities or low-carbon 
transportation  fueling stations that do not offer special
electric service rates designed to encourage the use of electric
vehicles.  For purposes of this section, "low-carbon
transportation fuel" means a liquid or gaseous transportation fuel
that meets the low-carbon fuel standard regulation  
(Subarticle 7 (commencing with Section 95480) of Article 4 of
Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the
California Code of Regulations) requirements for reduced carbon
intensity compared to the closest comparable petroleum fuel. 
  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.