Amended in Assembly August 18, 2015

Amended in Senate June 2, 2015

Amended in Senate April 29, 2015

Amended in Senate April 27, 2015

Amended in Senate April 14, 2015

Senate Bill No. 286

Introduced by Senator Hertzberg

February 19, 2015

An act to amend Section 365.1 of, begin delete and end delete to add Section 395.5 to, begin insert and to add and repeal Section 769.1 of, end insert the Public Utilities Code, relating to electricity.

LEGISLATIVE COUNSEL’S DIGEST

SB 286, as amended, Hertzberg. Electricity: direct transactions.

The Public Utilities Act requires the Public Utilities Commission, pursuant to electrical restructuring, to authorize and facilitate direct transactions between electricity suppliers and retail end-use customers. Existing law, enacted during the energy crisis of 2000-01, authorized the Department of Water Resources, until January 1, 2003, to enter into contracts for the purchase of electricity, and to sell electricity to retail end-use customers at not more than the department’s acquisition costs and to recover those costs through the issuance of bonds to be repaid by ratepayers. That law suspended the right of retail end-use customers, other than community choice aggregators and a qualifying direct transaction customer, as defined, to acquire service through a direct transaction until the Department of Water Resources no longer supplies electricity under that law. Existing law continues the suspension of direct transactions except as expressly authorized, until the Legislature, by statute, repeals the suspension or otherwise authorizes direct transactions. Existing law requires the commission to authorize direct transactions for nonresidential end-use customers subject to a reopening schedule that will phase in over a period of not less than 3 years and not more than 5 years, and is subject to an annual maximum allowable total kilowatthour limit established, as specified, for each electrical corporation.

The California Renewables Portfolio Standard Program requires a retail seller, as defined, and local publicly owned electric utilities to purchase specified minimum quantities of electricity products from eligible renewable energy resources, as defined, for specified compliance periods. The program, consistent with the goals of procuring the least-cost and best-fit eligible renewable energy resources that meet project viability principles, requires that all retail sellers procure a balanced portfolio of electricity products from eligible renewable energy resources, meeting specified portfolio content categories.

This bill would require the commission to adopt and implement a schedule that implements a 2nd phase-in period for expanding direct transactions for individual retail nonresidential end-use customers over a period of not more than 3 years, raising the allowable limit of kilowatthours that can be supplied by other providers in each electrical corporation’s distribution service territory by that electrical corporation’s share of an aggregate of 8,000 gigawatthours, apportioned as specified. The bill would require that all of an electric service provider’s retail sales associated with each 2nd phase direct transaction be procured from eligible renewable energy resources and would require the commission to enforce the bill’s renewables procurement requirements as part of the California Renewables Portfolio Standard Program. begin insert The bill would require nonresidential retail end-use customers engaging in direct transactions to be responsible for their proportionate share of the costs of specified programs. end insert The bill would require that an electrical corporation continue to begin insert construct, own, and operate distribution system equipment, as specified, and continue to end insert provide begin delete direct access customers with end delete support functions, as specified, through its own employees, except that construction of distribution system equipment and line clearance tree trimming may be performed under begin delete contract with the electrical corporation. end delete begin insert contract. end insert The bill would prohibit an electric service provider from offering consolidated billing beginning January 1, 2016.

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 expanding the operation of a 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.  

The Legislature finds and declares all of the
following:

(a) As the state’s electrical system evolves to include more
electricity generated by eligible renewable energy resources and
distributed generation, electrical corporations must continue to
facilitate safe and reliable transactions for electricity. Whether it
comes from efficient natural gas powerplants, large wind or solar
facilities, or customer-owned generation, including rooftop
photovoltaics, fuel cells, or combined heat and power systems, the
role of electrical corporations will be to ensure that electricity
moves from suppliers to customers. In effect, the electrical
corporations will become transmission and distribution companies,
connecting customers with the electrical mix they want when and
where they need it.

(b) California already has a few examples for this business
model, including community choice aggregation and direct access.
Direct access allows a customer to receive electricity through a
direct transaction with an electric service provider, rather than
from the electrical corporation. The electricity is delivered over
the electrical corporation’s transmission and distribution grid and
the direct access customer pays the utility for providing
transmission and distribution service.

(c) Direct access was suspended in California in 2001, despite
not being a contributing component to the market manipulation,
blackouts, and price spikes that led to the energy crisis of 2000-01.
In 2010, the right of individual retail nonresidential end-use
customers to acquire electric service through a direct transaction
was reopened, but subject to limitations on the amount of electricity
that could be delivered through those transactions.

(d) Direct access customers currently pay charges for electrical
grid maintenance and pay nonbypassable charges on the
distribution of electricity to support public purpose programs,
including the California Alternate Rates for Energy program, which
supports affordable electric service for low-income customers, and
energy efficiency programs. Other providers of electric service,
including electric service providers and community choice
aggregators, are required to follow the same laws, rules, and
regulations as electrical corporations with respect to resource
adequacy (Section 380 of the Public Utilities Code), procurement
of electricity pursuant to the California Renewables Portfolio
Standard Program (Article 16 (commencing with Section 399.11)
of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code),
and for reducing emissions of greenhouse gases pursuant to the
California Global Warming Solutions Act of 2006 (Division 25.5
(commencing with Section 38500) of the Health and Safety Code).

(e) The Public Utilities Commission is required to ensure local
area reliability needs for the benefit of both bundled and unbundled
electric service customers. If the commission determines that new
resources are needed for reliability, the costs are to be shared
equitably, on a fully nonbypassable basis, amongst all customers,
whether the customer receives their electricity from the electrical
corporation, a community choice aggregator, or an electric service
provider. The cost allocation mechanism ensures that there is no
cost shift to bundled customers of the electrical corporation.

(f) A growing number of businesses are recognizing the
importance of managing their energy supplies and are seeking
more control over their energy management decisions. Many of
these businesses also want options to contract for electricity, with
up to 100 percent of that electricity coming from eligible renewable
energy resources. However, because of the statutory limitations
placed upon direct transactions, most businesses lack the means
and necessary tools to make cost-effective energy decisions, which
makes California less business friendly than other states with more
direct access options.

(g) Given high demand for direct transactions, it is in the interest
of the state to expand the right to direct access opportunities,
especially to provide options for acquiring electricity from
renewable sources of generation.

SEC. 2.  

Section 365.1 of the Public Utilities Code is amended
to read:

365.1.  

(a) Except as expressly authorized by this section, and
subject to the limitations in subdivisions (b) and (c), the right of
retail end-use customers pursuant to this chapter to acquire service
from other providers is suspended until the Legislature, by statute,
lifts the suspension or otherwise authorizes direct transactions. For
purposes of this section, “other provider” means any person,
corporation, or other entity that is authorized to provide electric
service within the service territory of an electrical corporation
pursuant to this chapter, and includes an aggregator, broker, or
marketer, as defined in Section 331, and an electric service
provider, as defined in Section 218.3. “Other provider” does not
include a community choice aggregator, as defined in Section
331.1, and the limitations in this section do not apply to the sale
of electricity by “other providers” to a community choice
aggregator for resale to community choice aggregation electricity
consumers pursuant to Section 366.2.

(b) (1) During the first phase-in period for expanding access
to direct transactions, the commission shall allow individual retail
nonresidential end-use customers to acquire electric service from
other providers in each electrical corporation’s distribution service
territory, up to a maximum allowable total kilowatthours annual
limit. During this first phase-in period for expanding access to
direct transactions, the maximum allowable annual limit shall be
established by the commission for each electrical corporation at
the maximum total kilowatthours supplied by all other providers
to distribution customers of that electrical corporation during any
sequential 12-month period between April 1, 1998, and the
effective date of this section. Within six months of the effective
date of this section, or by July 1, 2010, whichever is sooner, the
commission shall adopt and implement a reopening schedule that
commences immediately and will phase in the allowable amount
of increased kilowatthours over a period of not less than three
years, and not more than five years, raising the allowable limit of
kilowatthours supplied by other providers in each electrical
corporation’s distribution service territory from the number of
kilowatthours provided by other providers as of the effective date
of this section, to the maximum allowable annual limit for that
electrical corporation’s distribution service territory. The
commission shall review and, if appropriate, modify its currently
effective rules governing direct transactions, but that review shall
not delay the start of the phase-in schedule.

(2) The commission shall adopt and implement a second direct
transactions reopening schedule that commences January 1, 2016,
and phases in new direct transactions for individual retail
nonresidential end-use customers over a period of not more than
three years, raising the allowable limit of kilowatthours that can
be supplied by other providers in each electrical corporation’s
distribution service territory by that electrical corporation’s
proportionate share of an aggregate of 8,000 gigawatthours,
apportioned to each electrical corporation based upon its share of
retail sales. For each electric service provider, 100 percent of retail
sales associated with each direct transaction under this paragraph
shall be procured from eligible renewable energy resources.
Procurement of eligible renewable energy resources in excess of
the renewable portfolio standard shall be subject to the same
minimum product content requirements specified in Section 399.16
for procurement credited toward each renewable portfolio standard
compliance period. The commission shall enforce the eligible
renewable energy resource procurement requirements of this
section as part of the California Renewables Portfolio Standard
Program (Article 16 (commencing with Section 399.11)). begin insert The
commission shall ensure that retail sales associated with direct
transactions do not contribute to resource curtailment or
over-generation. end insert

(c) Once the commission has authorized additional direct
transactions pursuant to subdivision (b), it shall do begin delete both end delete begin insert all end insert of the
following:

(1) Ensure that other providers are subject to the same
requirements that are applicable to the state’s three largest electrical
corporations under any programs or rules adopted by the
commission to implement the resource adequacy provisions of
Section 380, the renewables portfolio standard provisions of Article
16 (commencing with Section 399.11), and the requirements for
the electricity sector adopted by the State Air Resources Board
pursuant to the California Global Warming Solutions Act of 2006
(Division 25.5 (commencing with Section 38500) of the Health
and Safety Code). This requirement applies notwithstanding any
prior decision of the commission to the contrary.

(2) (A) Ensure that, in the event that the commission authorizes,
in the situation of a contract with a third party, or orders, in the
situation of utility-owned generation, an electrical corporation to
obtain generation resources that the commission determines are
needed to meet system or local area reliability needs for the benefit
of all customers in the electrical corporation’s distribution service
territory, the net capacity costs of those generation resources are
allocated on a fully nonbypassable basis consistent with departing
load provisions as determined by the commission, to all of the
following:

(i) Bundled service customers of the electrical corporation.

(ii) Customers that purchase electricity through a direct
transaction with other providers.

(iii) Customers of community choice aggregators.

(B) If the commission authorizes or orders an electrical
corporation to obtain generation resources pursuant to subparagraph
(A), the commission shall ensure that those resources meet a system
or local reliability need in a manner that benefits all customers of
the electrical corporation. The commission shall allocate the costs
of those generation resources to ratepayers in a manner that is fair
and equitable to all customers, whether they receive electric service
from the electrical corporation, a community choice aggregator,
or an electric service provider.

(C) The resource adequacy benefits of generation resources
acquired by an electrical corporation pursuant to subparagraph (A)
shall be allocated to all customers who pay their net capacity costs.
Net capacity costs shall be determined by subtracting the energy
and ancillary services value of the resource from the total costs
paid by the electrical corporation pursuant to a contract with a
third party or the annual revenue requirement for the resource if
the electrical corporation directly owns the resource. An energy
auction shall not be required as a condition for applying this
allocation, but may be allowed as a means to establish the energy
and ancillary services value of the resource for purposes of
determining the net costs of capacity to be recovered from
customers pursuant to this paragraph, and the allocation of the net
capacity costs of contracts with third parties shall be allowed for
the terms of those contracts.

(D) It is the intent of the Legislature, in enacting this paragraph,
to provide additional guidance to the commission with respect to
the implementation of subdivision (g) of Section 380, as well as
to ensure that the customers to whom the net costs and benefits of
capacity are allocated are not required to pay for the cost of
electricity they do not consume.

begin insert

(3) Ensure that customers of other providers are responsible
for their proportionate share of the costs of programs authorized
pursuant to Sections 379.5 and 381.

end insert

(d) (1) If the commission approves a centralized resource
adequacy mechanism pursuant to subdivisions (h) and (i) of Section
380, upon the implementation of the centralized resource adequacy
mechanism the requirements of paragraph (2) of subdivision (c)
shall be suspended. If the commission later orders that electrical
corporations cease procuring capacity through a centralized
resource adequacy mechanism, the requirements of paragraph (2)
of subdivision (c) shall again apply.

(2) If the use of a centralized resource adequacy mechanism is
authorized by the commission and has been implemented as set
forth in paragraph (1), the net capacity costs of generation resources
that the commission determines are required to meet urgent system
or urgent local grid reliability needs, and that the commission
authorizes to be procured outside of the Section 380 or 454.5
processes, shall be recovered according to the provisions of
paragraph (2) of subdivision (c).

(3) Nothing in this subdivision supplants the resource adequacy
requirements of Section 380 or the resource procurement
procedures established in Section 454.5.

(e) The commission may report to the Legislature on the efficacy
of authorizing individual retail end-use residential customers to
enter into direct transactions, including appropriate consumer
protections.

begin delete

(f) An electrical corporation shall continue to provide direct
access customers with support functions, including, but not limited
to, billing, customer service, call centers, support services, and
line clearance tree trimming, through its own employees, except
that construction of distribution system equipment and line
clearance tree trimming may be performed pursuant to contracts
between the electrical corporation and another entity.

end delete

SEC. 3.  

Section 395.5 is added to the Public Utilities Code, to
read:

395.5.  

Beginning January 1, 2016, no electric service provider
shall offer consolidated billing.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 769.1 is added to the end insert begin insert Public Utilities Code end insert begin insert , to
read: end insert

begin insert

begin insert 769.1. end insert   

(a) For purposes of this section, the following terms
have the following meanings:

(1) “Distribution system equipment” means the portions of the
electric delivery system beginning with equipment that operates
at voltages lower than that controlled by the Independent System
Operator up to and including a customer’s electric meter.

(2) “Distribution system support functions” means the functions
currently provided by an electrical corporation, including, but not
limited to, billing, customer service, call centers, other support
services, and line clearance tree trimming.

(b) An electrical corporation shall continue to construct, own,
and operate distribution system equipment, and shall continue to
provide distribution system support functions directly with their
own employees, except that construction of distribution system
equipment and line clearance tree trimming may be performed
under a contract between the electrical corporation and another
entity.

(c) Before January 1, 2021, the commission shall not adopt any
decision inconsistent with subdivision (b).

(d) This section shall remain in effect only until January 1, 2021,
and as of that date is repealed.

end insert

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

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.