Amended in Senate April 8, 2015

Senate BillNo. 502


Introduced by Senator Leno

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(Coauthors: Senators Hancock, Hill, and Wieckowski)

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(Coauthors: Assembly Members Baker, Chiu, Chu, and Ting)

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February 26, 2015


An act to amend Section 701.8 of the Public Utilities Code, relating to electricity.

LEGISLATIVE COUNSEL’S DIGEST

SB 502, as amended, Leno. San Francisco Bay Area Rapid Transit District: purchase and delivery of electricity.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. Existing law authorizes the San Francisco Bay Area Rapid Transit District’s (BART) system to elect to obtain electricity from multiple sources, including (1) preference power purchased from a federal power marketing agency or its successor, (2) electricity supplied by one or more direct transactions, and (3) electricity supplied by any electric utility regulated by the commission that owns and operates transmission and distribution facilities that deliver electricity at one or more locations to the BART District’s system. Existing law requires any electrical corporation that owns and operates transmission and distribution facilities that deliver electricity to BART, upon request by BART, to deliver preference power purchased from a federal power marketing agency, or its successor, or deliver electricity purchased from a local publicly owned electric utility without discrimination or delay.

This bill would additionally require any electrical corporation that owns and operates transmission and distribution facilities that deliver electricity to BART, upon request by BART, to deliver electricity generated by an eligible renewable energy resource without discrimination or delay. For these purposes, an “eligible renewable energy resource” would have the same meaning asbegin insert definedend insert inbegin insert a specified provision ofend insert the California Renewables Portfolio Standard Program.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

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SECTION 1.  

Section 701.8 of the Public Utilities Code is
2amended to read:

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701.8.  

(a) To ensure that electrical corporations do not operate
4their transmission and distribution monopolies in a manner that
5impedes the ability of the San Francisco Bay Area Rapid Transit
6District (BART District) to reduce its electricity cost through the
7purchase and delivery of preference power, electrical corporations
8shall meet the requirements of this section.

9(b) Any electrical corporation that owns and operates
10transmission and distribution facilities that deliver electricity at
11one or more locations to the BART District’s system shall, upon
12request by the BART District, and without discrimination or delay,
13use the same facilities to do any or all of the following:

14(1) Deliver preference power purchased from a federal power
15marketing agency or its successor.

16(2) Deliver electricity purchased from a local publicly owned
17electric utility.

18(3) Deliver electricity generated by an eligible renewable energy
19resource.

20(c) Where the BART District purchases electricity at more than
21one location, at any voltage, from an electric utility under tariffs
22regulated by the commission, the utility shall bill the BART District
23for usage as though all the electricity purchased at transmission
24level voltages were metered by a single meter at one location and
25all the electricity purchased at subtransmission voltages were
26metered by a single meter at one location, provided that any billing
27for demand charges would be based on the coincident demand of
28transmission and distribution metering.

29(d) If, on or after January 1, 1996, the BART District leases or
30has agreed to lease, as special facilities, utility plants for the
P3    1purpose of receiving power at transmission level voltages, an
2electrical corporation may not terminate the lease without
3concurrence from the BART District.

4(e) When the BART District elects to have electricity delivered
5pursuant to subdivision (b), neither Sections 365 and 366, and any
6commission regulations, orders, or tariffs, that implement direct
7transactions, are applicable, nor is the BART District an electricity
8supplier. Neither the commission, nor any electrical corporation
9that delivers the federal power or electricity purchased from a local
10publicly owned electric utility or generated by an eligible
11renewable energy resource to the BART District, shall require that
12an electricity supplier be designated as a condition of the delivery
13of that electricity.

14(f) The BART District may elect to obtain electricity from the
15following multiple sources at the same time:

16(1) Electricity delivered pursuant to subdivision (b).

17(2) Electricity supplied by one or more direct transactions.

18(3) Electricity from any electrical corporation that owns and
19operates transmission and distribution facilities that deliver
20electricity at one or more locations to the BART District’s system.

21(g) For purposes of this section, “eligible renewable energy
22resources” has the same meaning asbegin delete in Article 16 (commencing
23with Section 399.11) of Chapter 2.3.end delete
begin insert defined in subdivision (e) of
24Section 399.12.end insert



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