BILL NUMBER: SB 697 CHAPTERED
BILL TEXT
CHAPTER 612
FILED WITH SECRETARY OF STATE OCTOBER 8, 2015
APPROVED BY GOVERNOR OCTOBER 8, 2015
PASSED THE SENATE SEPTEMBER 10, 2015
PASSED THE ASSEMBLY SEPTEMBER 9, 2015
AMENDED IN ASSEMBLY SEPTEMBER 3, 2015
AMENDED IN ASSEMBLY AUGUST 27, 2015
AMENDED IN ASSEMBLY JULY 8, 2015
AMENDED IN ASSEMBLY JUNE 24, 2015
AMENDED IN SENATE APRIL 9, 2015
INTRODUCED BY Senator Hertzberg
FEBRUARY 27, 2015
An act to amend Sections 280.5, 281, 309.7, 311.4, 321.6, 364,
379.7, 421, 740.3, 747, 765, 785, 846, 873, 958.5, 960, 2851, 2881,
2891, 5387, 5920, 5960, 7661, 7712, 7912, and 8283 of, to amend the
headings of Article 5 (commencing with Section 581) of Chapter 3 of,
and Article 11 (commencing with Section 910) of Chapter 4 of, Part 1
of Division 1 of, to amend and renumber Sections 321.7, 326, 326.5,
399.19, 432.5, 747.6, 748, 765.6, 911, 915, 5006, 5012, 7711, and
8367 of, to amend, renumber, and add Section 910 of, to add Sections
590, 910.1, 910.3, 910.6, 911.1, 912, 912.2, 913, 913.5, 913.11,
913.12, 913.13, 914, 914.1, 914.2, 914.3, 914.4, 914.5, 914.6, 914.7.
916, 916.1, 916.4, 919, and 920 to, and to repeal Section 5385.5 of,
the Public Utilities Code, relating to public utilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 697, Hertzberg. Public Utilities Commission Accountability Act
of 2015: reports: audits: electrical restructuring: charter-party
carriers of passengers.
The California Constitution establishes the Public Utilities
Commission and authorizes the commission to exercise ratemaking and
rulemaking authority over all public utilities, as defined, subject
to control by the Legislature. Existing law requires the commission
to report various information to the Legislature.
This bill would adopt the Public Utilities Commission
Accountability Act of 2015. The bill would recast certain of the
commission's reporting requirements to an article within the Public
Utilities Act pertaining to reports by the commission to the
Legislature and make other conforming changes. The bill would require
the commission to report specified information on a quarterly basis
relative to implementation of the California Renewables Portfolio
Standard Program.
Existing law relative to restructuring of the electrical industry
authorizes an electrical corporation to apply to the commission for a
determination that certain transition costs, as defined, may be
recovered through fixed transition amounts, which would constitute
transition property, as defined, and provides, until December 31,
2015, for the issuance of financing orders and provides for the
issuance of rate reduction bonds to be paid out of rates.
This bill would extend the authorization for the issuance of
financing orders from December 31, 2015, to December 31, 2016.
The Passenger Charter-party Carriers' Act places charter-party
carriers of passengers, as defined, under the jurisdiction of the
Public Utilities Commission. Under existing law, no charter-party
carrier of passengers may operate a motor vehicle on a public highway
unless there is displayed on the vehicle a distinctive identifying
symbol, in the form prescribed by the commission, showing the
classification to which the carrier belongs. For motor vehicles
designed to carry not more than 8 passengers, the commission is
required to issue a suitable decal with an identifying symbol and of
a specified size for that purpose.
This bill would repeal that provision requiring the issuance of
the decal.
This bill would incorporate additional changes in Section 281 of
the Public Utilities Code proposed by AB 1262, to be operative only
if AB 1262 and this bill are both chaptered and become effective on
or before January 1, 2016, and this bill is chaptered last. This bill
would incorporate additional changes in Section 5387 of the Public
Utilities Code proposed by SB 541, to be operative only if SB 541 and
this bill are both chaptered and become effective on or before
January 1, 2016, and this bill is chaptered last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be cited, as the
Public Utilities Commission Accountability Act of 2015.
SEC. 2. Section 280.5 of the Public Utilities Code is amended to
read:
280.5. (a) Of the revenues from fees collected pursuant to
Section 14666.8 of the Government Code after the operative date of
this section, except for revenues from fees from a lease agreement
for access to Department of Transportation property or a lease
agreement existing prior to the operative date of the section, 15
percent shall be available, upon appropriation by the Legislature,
for the purpose of addressing the state's digital divide.
(b) Revenues described in subdivision (a) shall be deposited in
the Digital Divide Account, which is hereby established in the
California Teleconnect Fund Administrative Committee Fund established
pursuant to Section 270, to be used only for digital divide pilot
projects. Not more than 5 percent of the revenues described in
subdivision (a) may be used to pay the costs incurred in connection
with the administration of digital divide pilot projects by the
commission.
(c) (1) The Digital Divide Grant Program is hereby established
subject to the availability of funding pursuant to this section. The
commission may not implement the grant program until the commission
projects that at least five hundred thousand dollars ($500,000) will
be available in the Digital Divide Account during the calendar year
following implementation, based on money collected pursuant to
Section 14666.8 of the Government Code.
(2) The commission shall provide grants pursuant to this
subdivision on a competitive basis subject to criteria to be
established by the commission and in a way that disburses the funds
widely, including urban and rural areas. Grants shall be awarded to
community-based nonprofit organizations that are exempt from taxation
under Section 501(c)(3) of the Internal Revenue Code for the purpose
of funding community technology programs.
(3) Recipients of grants pursuant to this subdivision shall report
to the commission annually on the effectiveness of the grant
program.
(d) For purposes of this section, "community technology programs"
means a program that is engaged in diffusing technology in local
communities and training local communities in the use of technology,
especially local communities that otherwise would have no access or
limited access to the Internet and other technologies.
(e) For purposes of this section, "digital divide projects" means
community technology programs involved in activities that include,
but are not limited to, the following:
(1) Providing open access to and opportunities for training in
technology.
(2) Developing content relevant to the interests and wants of the
local community.
(3) Preparing youth for opportunities in the new economy through
multimedia training and skills.
(4) Harnessing technology for e-government services.
SEC. 3. Section 281 of the Public Utilities Code is amended to
read:
281. (a) The commission shall develop, implement, and administer
the California Advanced Services Fund program to encourage deployment
of high-quality advanced communications services to all Californians
that will promote economic growth, job creation, and the substantial
social benefits of advanced information and communications
technologies, consistent with this section.
(b) (1) The goal of the program is, no later than December 31,
2015, to approve funding for infrastructure projects that will
provide broadband access to no less than 98 percent of California
households.
(2) In approving infrastructure projects, the commission shall
give priority to projects that provide last-mile broadband access to
households that are unserved by an existing facilities-based
broadband provider. The commission shall provide each applicant, and
any party challenging an application, the opportunity to demonstrate
actual levels of broadband service in the project area, which the
commission shall consider in reviewing the application.
(c) The commission shall establish the following accounts within
the fund:
(1) The Broadband Infrastructure Grant Account.
(2) The Rural and Urban Regional Broadband Consortia Grant
Account.
(3) The Broadband Infrastructure Revolving Loan Account.
(4) The Broadband Public Housing Account.
(d) (1) All moneys collected by the surcharge authorized by the
commission pursuant to Decision 07-12-054 shall be transmitted to the
commission pursuant to a schedule established by the commission. The
commission shall transfer the moneys received to the Controller for
deposit in the California Advanced Services Fund. Moneys collected on
and after January 1, 2011, shall be deposited in the following
amounts in the following accounts:
(A) One hundred ninety million dollars ($190,000,000) into the
Broadband Infrastructure Grant Account.
(B) Ten million dollars ($10,000,000) into the Rural and Urban
Regional Broadband Consortia Grant Account.
(C) Fifteen million dollars ($15,000,000) into the Broadband
Infrastructure Revolving Loan Account.
(2) All interest earned on moneys in the fund shall be deposited
in the fund.
(3) The commission shall not collect moneys, by imposing the
surcharge described in paragraph (1) for deposit in the fund, in an
amount that exceeds one hundred million dollars ($100,000,000) before
January 1, 2011. On and after January 1, 2011, the commission may
collect an additional sum not to exceed two hundred fifteen million
dollars ($215,000,000), for a sum total of moneys collected by
imposing the surcharge described in paragraph (1) not to exceed three
hundred fifteen million dollars ($315,000,000). The commission may
collect the additional sum beginning with the calendar year starting
on January 1, 2011, and continuing through the 2020 calendar year, in
an amount not to exceed twenty-five million dollars ($25,000,000)
per year, unless the commission determines that collecting a higher
amount in any year will not result in an increase in the total amount
of all surcharges collected from telephone customers that year.
(e) (1) All moneys in the California Advanced Services Fund shall
be available, upon appropriation by the Legislature, to the
commission for the program administered by the commission pursuant to
this section, including the costs incurred by the commission in
developing, implementing, and administering the program and the fund.
(2) Notwithstanding any other law and for the sole purpose of
providing matching funds pursuant to the federal American Recovery
and Reinvestment Act of 2009 (Public Law 111-5), any entity eligible
for funding pursuant to that act shall be eligible to apply to
participate in the program administered by the commission pursuant to
this section, if that entity otherwise satisfies the eligibility
requirements under that program. Nothing in this section shall impede
the ability of an incumbent local exchange carrier, as defined by
subsection (h) of Section 251 of Title 47 of the United States Code,
that is regulated under a rate of return regulatory structure, to
recover, in rate base, California infrastructure investment not
provided through federal or state grant funds for facilities that
provide broadband service and California intrastate voice service.
(3) Notwithstanding subdivision (b) of Section 270, an entity that
is not a telephone corporation shall be eligible to apply to
participate in the program administered by the commission pursuant to
this section to provide access to broadband to an unserved or
underserved household, as defined in commission Decision 12-02-015,
if the entity otherwise meets the eligibility requirements and
complies with program requirements established by the commission.
These requirements shall include all of the following:
(A) That projects under this paragraph provide last-mile broadband
access to households that are unserved by an existing
facilities-based broadband provider and only receive funding to
provide broadband access to households that are unserved or
underserved, as defined in commission Decision 12-02-015.
(B) That funding for a project providing broadband access to an
underserved household shall not be approved until after any existing
facilities-based provider has an opportunity to demonstrate to the
commission that it will, within a reasonable timeframe, upgrade
existing service. An existing facilities-based provider may, but is
not required to, apply for funding under this section to make that
upgrade.
(C) That the commission shall provide each applicant, and any
party challenging an application, the opportunity to demonstrate
actual levels of broadband service in the project area, which the
commission shall consider in reviewing the application.
(D) That a local governmental agency may be eligible for an
infrastructure grant only if the infrastructure project is for an
unserved household or business, the commission has conducted an open
application process, and no other eligible entity applied.
(E) That the commission shall establish a service list of
interested parties to be notified of California Advanced Services
Fund applications.
(f) Moneys in the Rural and Urban Regional Broadband Consortia
Grant Account shall be available for grants to eligible consortia to
fund the cost of broadband deployment activities other than the
capital cost of facilities, as specified by the commission. An
eligible consortium may include, as specified by the commission,
representatives of organizations, including, but not limited to,
local and regional government, public safety, elementary and
secondary education, health care, libraries, postsecondary education,
community-based organizations, tourism, parks and recreation,
agricultural, and business, and is not required to have as its lead
fiscal agent an entity with a certificate of public convenience and
necessity.
(g) Moneys in the Broadband Infrastructure Revolving Loan Account
shall be available to finance capital costs of broadband facilities
not funded by a grant from the Broadband Infrastructure Grant
Account. The commission shall periodically set interest rates on the
loans based on surveys of existing financial markets.
(h) (1) For purposes of this subdivision, the following terms have
the following meanings:
(A) "Publicly subsidized" means either that the housing
development receives financial assistance from the United States
Department of Housing and Urban Development pursuant to an annual
contribution contract or is financed with low-income housing tax
credits, tax-exempt mortgage revenue bonds, general obligation bonds,
or local, state, or federal loans or grants and the rents of the
occupants, who are lower income households, do not exceed those
prescribed by deed restrictions or regulatory agreements pursuant to
the terms of the financing or financial assistance.
(B) "Publicly supported community" means a publicly subsidized
multifamily housing development that is wholly owned by either of the
following:
(i) A public housing agency that has been chartered by the state,
or by any city or county in the state, and has been determined to be
an eligible public housing agency by the United States Department of
Housing and Urban Development.
(ii) An incorporated nonprofit organization as described in
Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)
(3)) that is exempt from taxation under Section 501(a) of that code
(16 U.S.C. Sec. 501(a)), and that has received public funding to
subsidize the construction or maintenance of housing occupied by
residents whose annual income qualifies as "low" or "very low" income
according to federal poverty guidelines.
(2) Notwithstanding subdivision (b) of Section 270, moneys in the
Broadband Public Housing Account shall be available for the
commission to award grants and loans pursuant to this subdivision to
an eligible publicly supported community if that entity otherwise
meets eligibility requirements and complies with program requirements
established by the commission.
(3) Not more than twenty million dollars ($20,000,000) shall be
available for grants and loans to a publicly supported community to
finance a project to connect a broadband network to that publicly
supported community. A publicly supported community may be an
eligible applicant only if the publicly supported community can
verify to the commission that the publicly supported community has
not denied a right of access to any broadband provider that is
willing to connect a broadband network to the facility for which the
grant or loan is sought.
(4) (A) Not more than five million dollars ($5,000,000) shall be
available for grants and loans to a publicly supported community to
support programs designed to increase adoption rates for broadband
services for residents of that publicly supported community. A
publicly supported community may be eligible for funding for a
broadband adoption program only if the residential units in the
facility to be served have access to broadband services or will have
access to broadband services at the time the funding for adoption is
implemented.
(B) A publicly supported community may contract with other
nonprofit or public agencies to assist in implementation of a
broadband adoption program.
(5) To the extent feasible, the commission shall approve projects
for funding from the Broadband Public Housing Account in a manner
that reflects the statewide distribution of publicly supported
communities.
(6) In reviewing a project application under this subdivision, the
commission shall consider the availability of other funding sources
for that project, any financial contribution from the broadband
service provider to the project, the availability of any other public
or private broadband adoption or deployment program, including tax
credits and other incentives, and whether the applicant has sought
funding from, or participated in, any reasonably available program.
The commission may require an applicant to provide match funding, and
shall not deny funding for a project solely because the applicant is
receiving funding from another source.
(7) (A) To provide funding for the purposes of this subdivision,
the commission shall transfer to the Broadband Public Housing Account
twenty million dollars ($20,000,000) from the Broadband
Infrastructure Grant Account and five million dollars ($5,000,000)
from the Broadband Revolving Loan Account. Any moneys in the
Broadband Public Housing Account that have not been awarded pursuant
to this subdivision by December 31, 2016, shall be transferred back
to the Broadband Infrastructure Grant Account and Broadband
Infrastructure Revolving Loan Account in proportion to the amount
transferred from the respective accounts.
(B) The commission shall transfer funds pursuant to subparagraph
(A) only if the commission is otherwise authorized to collect funds
for purposes of this section in excess of the total amount authorized
pursuant to paragraph (3) of subdivision (d).
SEC. 3.5. Section 281 of the Public Utilities Code is amended to
read:
281. (a) The commission shall develop, implement, and administer
the California Advanced Services Fund program to encourage deployment
of high-quality advanced communications services to all Californians
that will promote economic growth, job creation, and the substantial
social benefits of advanced information and communications
technologies, consistent with this section.
(b) (1) The goal of the program is, no later than December 31,
2015, to approve funding for infrastructure projects that will
provide broadband access to no less than 98 percent of California
households.
(2) In approving infrastructure projects, the commission shall
give priority to projects that provide last-mile broadband access to
households that are unserved by an existing facilities-based
broadband provider. The commission shall provide each applicant, and
any party challenging an application, the opportunity to demonstrate
actual levels of broadband service in the project area, which the
commission shall consider in reviewing the application.
(c) The commission shall establish the following accounts within
the fund:
(1) The Broadband Infrastructure Grant Account.
(2) The Rural and Urban Regional Broadband Consortia Grant
Account.
(3) The Broadband Infrastructure Revolving Loan Account.
(4) The Broadband Public Housing Account.
(d) (1) All moneys collected by the surcharge authorized by the
commission pursuant to Decision 07-12-054 shall be transmitted to the
commission pursuant to a schedule established by the commission. The
commission shall transfer the moneys received to the Controller for
deposit in the California Advanced Services Fund. Moneys collected on
and after January 1, 2011, shall be deposited in the following
amounts in the following accounts:
(A) One hundred ninety million dollars ($190,000,000) into the
Broadband Infrastructure Grant Account.
(B) Fifteen million dollars ($15,000,000) into the Rural and Urban
Regional Broadband Consortia Grant Account.
(C) Ten million dollars ($10,000,000) into the Broadband
Infrastructure Revolving Loan Account.
(2) All interest earned on moneys in the fund shall be deposited
in the fund.
(3) The commission shall not collect moneys, by imposing the
surcharge described in paragraph (1) for deposit in the fund, in an
amount that exceeds one hundred million dollars ($100,000,000) before
January 1, 2011. On and after January 1, 2011, the commission may
collect an additional sum not to exceed two hundred fifteen million
dollars ($215,000,000), for a sum total of moneys collected by
imposing the surcharge described in paragraph (1) not to exceed three
hundred fifteen million dollars ($315,000,000). The commission may
collect the additional sum beginning with the calendar year starting
on January 1, 2011, and continuing through the 2020 calendar year, in
an amount not to exceed twenty-five million dollars ($25,000,000)
per year, unless the commission determines that collecting a higher
amount in any year will not result in an increase in the total amount
of all surcharges collected from telephone customers that year.
(e) (1) All moneys in the California Advanced Services Fund shall
be available, upon appropriation by the Legislature, to the
commission for the program administered by the commission pursuant to
this section, including the costs incurred by the commission in
developing, implementing, and administering the program and the fund.
(2) Notwithstanding any other law and for the sole purpose of
providing matching funds pursuant to the federal American Recovery
and Reinvestment Act of 2009 (Public Law 111-5), any entity eligible
for funding pursuant to that act shall be eligible to apply to
participate in the program administered by the commission pursuant to
this section, if that entity otherwise satisfies the eligibility
requirements under that program. Nothing in this section shall impede
the ability of an incumbent local exchange carrier, as defined by
subsection (h) of Section 251 of Title 47 of the United States Code,
that is regulated under a rate of return regulatory structure, to
recover, in rate base, California infrastructure investment not
provided through federal or state grant funds for facilities that
provide broadband service and California intrastate voice service.
(3) Notwithstanding subdivision (b) of Section 270, an entity that
is not a telephone corporation shall be eligible to apply to
participate in the program administered by the commission pursuant to
this section to provide access to broadband to an unserved or
underserved household, as defined in commission Decision 12-02-015,
if the entity otherwise meets the eligibility requirements and
complies with program requirements established by the commission.
These requirements shall include all of the following:
(A) That projects under this paragraph provide last-mile broadband
access to households that are unserved by an existing
facilities-based broadband provider and only receive funding to
provide broadband access to households that are unserved or
underserved, as defined in commission Decision 12-02-015.
(B) That funding for a project providing broadband access to an
underserved household shall not be approved until after any existing
facilities-based provider has an opportunity to demonstrate to the
commission that it will, within a reasonable timeframe, upgrade
existing service. An existing facilities-based provider may, but is
not required to, apply for funding under this section to make that
upgrade.
(C) That the commission shall provide each applicant, and any
party challenging an application, the opportunity to demonstrate
actual levels of broadband service in the project area, which the
commission shall consider in reviewing the application.
(D) That a local governmental agency may be eligible for an
infrastructure grant only if the infrastructure project is for an
unserved household or business, the commission has conducted an open
application process, and no other eligible entity applied.
(E) That the commission shall establish a service list of
interested parties to be notified of California Advanced Services
Fund applications.
(f) Moneys in the Rural and Urban Regional Broadband Consortia
Grant Account shall be available for grants to eligible consortia to
fund the cost of broadband deployment activities other than the
capital cost of facilities, as specified by the commission. An
eligible consortium may include, as specified by the commission,
representatives of organizations, including, but not limited to,
local and regional government, public safety, elementary and
secondary education, health care, libraries, postsecondary education,
community-based organizations, tourism, parks and recreation,
agricultural, and business, and is not required to have as its lead
fiscal agent an entity with a certificate of public convenience and
necessity.
(g) Moneys in the Broadband Infrastructure Revolving Loan Account
shall be available to finance capital costs of broadband facilities
not funded by a grant from the Broadband Infrastructure Grant
Account. The commission shall periodically set interest rates on the
loans based on surveys of existing financial markets.
(h) (1) For purposes of this subdivision, the following terms have
the following meanings:
(A) "Publicly subsidized" means either that the housing
development receives financial assistance from the United States
Department of Housing and Urban Development pursuant to an annual
contribution contract or is financed with low-income housing tax
credits, tax-exempt mortgage revenue bonds, general obligation bonds,
or local, state, or federal loans or grants and the rents of the
occupants, who are lower income households, do not exceed those
prescribed by deed restrictions or regulatory agreements pursuant to
the terms of the financing or financial assistance.
(B) "Publicly supported community" means a publicly subsidized
multifamily housing development that is wholly owned by either of the
following:
(i) A public housing agency that has been chartered by the state,
or by any city or county in the state, and has been determined to be
an eligible public housing agency by the United States Department of
Housing and Urban Development.
(ii) An incorporated nonprofit organization as described in
Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)
(3)) that is exempt from taxation under Section 501(a) of that code
(16 U.S.C. Sec. 501(a)), and that has received public funding to
subsidize the construction or maintenance of housing occupied by
residents whose annual income qualifies as "low" or "very low" income
according to federal poverty guidelines.
(2) Notwithstanding subdivision (b) of Section 270, moneys in the
Broadband Public Housing Account shall be available for the
commission to award grants and loans pursuant to this subdivision to
an eligible publicly supported community if that entity otherwise
meets eligibility requirements and complies with program requirements
established by the commission.
(3) Not more than twenty million dollars ($20,000,000) shall be
available for grants and loans to a publicly supported community to
finance a project to connect a broadband network to that publicly
supported community. A publicly supported community may be an
eligible applicant only if the publicly supported community can
verify to the commission that the publicly supported community has
not denied a right of access to any broadband provider that is
willing to connect a broadband network to the facility for which the
grant or loan is sought.
(4) (A) Not more than five million dollars ($5,000,000) shall be
available for grants and loans to a publicly supported community to
support programs designed to increase adoption rates for broadband
services for residents of that publicly supported community. A
publicly supported community may be eligible for funding for a
broadband adoption program only if the residential units in the
facility to be served have access to broadband services or will have
access to broadband services at the time the funding for adoption is
implemented.
(B) A publicly supported community may contract with other
nonprofit or public agencies to assist in implementation of a
broadband adoption program.
(5) To the extent feasible, the commission shall approve projects
for funding from the Broadband Public Housing Account in a manner
that reflects the statewide distribution of publicly supported
communities.
(6) In reviewing a project application under this subdivision, the
commission shall consider the availability of other funding sources
for that project, any financial contribution from the broadband
service provider to the project, the availability of any other public
or private broadband adoption or deployment program, including tax
credits and other incentives, and whether the applicant has sought
funding from, or participated in, any reasonably available program.
The commission may require an applicant to provide match funding, and
shall not deny funding for a project solely because the applicant is
receiving funding from another source.
(7) (A) To provide funding for the purposes of this subdivision,
the commission shall transfer to the Broadband Public Housing Account
twenty million dollars ($20,000,000) from the Broadband
Infrastructure Grant Account and five million dollars ($5,000,000)
from the Broadband Revolving Loan Account. Any moneys in the
Broadband Public Housing Account that have not been awarded pursuant
to this subdivision by December 31, 2016,
shall be transferred back to the Broadband
Infrastructure Grant Account and Broadband Infrastructure Revolving
Loan Account in proportion to the amount transferred from the
respective accounts.
(B) The commission shall transfer funds pursuant to subparagraph
(A) only if the commission is otherwise authorized to collect funds
for purposes of this section in excess of the total amount authorized
pursuant to paragraph (3) of subdivision (d).
SEC. 4. Section 309.7 of the Public Utilities Code is amended to
read:
309.7. (a) The division of the commission responsible for
consumer protection and safety shall be responsible for inspection,
surveillance, and investigation of the rights-of-way, facilities,
equipment, and operations of railroads and public mass transit
guideways, and for enforcing state and federal laws, regulations,
orders, and directives relating to transportation of persons or
commodities, or both, of any nature or description by rail. The
division of the commission responsible for consumer protection and
safety shall advise the commission on all matters relating to rail
safety, and shall propose to the commission rules, regulations,
orders, and other measures necessary to reduce the dangers caused by
unsafe conditions on the railroads of the state. The delegation of
enforcement responsibility to the division of the commission
responsible for consumer protection and safety shall not diminish the
power of other agencies of state government to enforce laws relating
to employee or environmental safety, pollution prevention, or public
health and safety.
(b) In performing its duties, the division of the commission
responsible for consumer protection and safety shall exercise all
powers of investigation granted to the commission, including rights
to enter upon land or facilities, inspect books and records, and
compel testimony. The commission shall employ sufficient federally
certified inspectors to ensure at the time of inspection that
railroad locomotives and equipment and facilities located in class I
railroad yards in California are inspected not less frequently than
every 180 days, and all main and branch line tracks are inspected not
less frequently than every 12 months. In performing its duties, the
division of the commission responsible for consumer protection and
safety shall consult with representatives of railroad corporations,
labor organizations representing railroad employees, and the Federal
Railroad Administration.
(c) The general counsel shall assign to the division of the
commission responsible for consumer protection and safety the
personnel and attorneys necessary to fully utilize the powers granted
to the commission by any state law, and by any federal law relating
to rail transportation, including, but not limited to, the Federal
Rail Safety Act (45 U.S.C. Sec. 421m et seq.), to enforce safety
laws, rules, regulations, and orders, and to collect fines and
penalties resulting from the violation of any safety rule or
regulation.
(d) The activities of the division of the commission responsible
for consumer protection and safety that relate to safe operation of
common carriers by rail, other than those relating to grade crossing
protection, shall also be supported by the fees paid by railroad
corporations, if any, pursuant to Sections 421 to 424, inclusive. The
activities of the division of the commission responsible for
consumer protection and safety that relate to grade crossing
protection shall be supported by funds appropriated therefor from the
State Highway Account in the State Transportation Fund.
SEC. 5. Section 311.4 of the Public Utilities Code is amended to
read:
311.4. (a) On or after July 1, 2001, the commission shall
establish procedures to permit the submission of informal complaints
through electronic means in accordance with this section.
(b) On or before January 1, 2002, the commission shall provide on
its Internet Web site the means by which consumers may submit
informal complaints through electronic means.
(c) For the purpose of this section, "electronic means" includes,
but shall not be limited to, email or the Internet, or both.
(d) Upon the receipt of an informal complaint submitted by
electronic means, the commission shall immediately forward the
complaint to the entity named in the complaint.
(e) The commission shall permit the submission of informal
complaints through electronic means, if, as determined by the
commission, both of the following conditions are met:
(1) The dollar amount in the complaint does not exceed the
jurisdictional limit of a small claims court specified in subdivision
(a) of Section 116.220 or Section 116.221 of the Code of Civil
Procedure.
(2) The commission has addressed any impediments in the electronic
systems employed by the commission that would prevent or
substantially adversely affect the ability of the commission to
receive informal complaints by electronic means.
(f) The commission shall include a notice on its Internet Web site
of the availability of the procedures described in subdivision (a).
(g) For the purposes of implementing this section, the commission
shall make available to the public an industry specific online
complaint form that allows a customer to specify information that the
commission determines to be relevant for purposes of resolving a
dispute, including the account number, the type of dispute, and the
opportunity to make general comments.
(h) This act may not be implemented, and no information
technology-related preparatory work may be undertaken in connection
with this act prior to July 1, 2001, without the concurrence of the
commission and the authorization of the Department of Information
Technology pursuant to Executive Order D-3-99.
SEC. 6. Section 321.6 of the Public Utilities Code is amended to
read:
321.6. The president of the commission shall annually appear
before the appropriate policy committees of the Senate and Assembly
to present the annual report of the commission required pursuant to
Section 910.
SEC. 7. Section 321.7 of the Public Utilities Code is amended and
renumbered to read:
913.10. (a) On or before January 1, 2010, and biennially
thereafter, the commission, in consultation with the Independent
System Operator and the State Energy Resources Conservation and
Development Commission, shall study, and submit a report to the
Legislature and the Governor, on the impacts of distributed energy
generation on the state's distribution and transmission grid. The
study shall evaluate all of the following:
(1) Reliability and transmission issues related to connecting
distributed energy generation to the local distribution networks and
regional grid.
(2) Issues related to grid reliability and operation, including
interconnection, and the position of federal and state regulators
toward distributed energy accessibility.
(3) The effect on overall grid operation of various distributed
energy generation sources.
(4) Barriers affecting the connection of distributed energy to the
state's grid.
(5) Emerging technologies related to distributed energy generation
interconnection.
(6) Interconnection issues that may arise for the Independent
System Operator and local distribution companies.
(7) The effect on peak demand for electricity.
(b) In addition, the commission shall specifically assess the
impacts of the California Solar Initiative program, specified in
Section 2851 and Section 25783 of the Public Resources Code, the
self-generation incentive program authorized by Section 379.6, and
the net energy metering pilot program authorized by Section 2827.9.
SEC. 8. Section 326 of the Public Utilities Code is amended and
renumbered to read:
910.5. (a) By January 10 of each year, the commission shall
report to the Joint Legislative Budget Committee and appropriate
fiscal and policy committees of the Legislature, on all sources and
amounts of funding and actual and proposed expenditures, both in the
two prior fiscal years and for the proposed fiscal year, including
any costs to ratepayers, related to interactions by the commission,
its officers, or its staff with the California Public Utilities
Commission Foundation, or any derivative, or successor, or with any
agent or director of the foundation, including all of the following:
(1) Attendance at meetings, conferences, or events organized or
sponsored by the foundation.
(2) Any contract or other agreement between the commission, its
officers, or its staff and the foundation, including agreements
relating to attendance at any educational or training conference or
event.
(3) Any agenda item, order, decision, resolution, or motion,
referencing the foundation.
(4) Endorsements of the foundation or its activities.
(5) Any contribution made to the foundation at the behest of a
member of the commission, its officers, or its staff, and any direct
or indirect contribution made to the foundation by a member of the
commission, its officers, or its staff. For purposes of this
paragraph, "contribution" means any payment, a forgiveness of a loan,
a payment of a loan by a third party, or an enforceable promise to
make a payment, except to the extent that full and adequate
consideration is received.
(b) (1) Within eight weeks of any contribution to the foundation
made at the behest of a member of the commission, its officers, or
its staff, the commission shall report the contribution to the Joint
Legislative Budget Committee and appropriate fiscal and policy
committees of the Legislature, and include any documents pertaining
to the contribution.
(2) Each report shall include certification from the commission
that the contribution does not violate the Conflict of Interest Code
and Statement of Incompatible Activities adopted pursuant to Section
303.
SEC. 9. Section 326.5 of the Public Utilities Code is amended and
renumbered to read:
910.4. By January 10 of each year, the commission shall report to
the Joint Legislative Budget Committee and appropriate fiscal and
policy committees of the Legislature, on all sources and amounts of
funding and actual and proposed expenditures, both in the two prior
fiscal years and for the proposed fiscal year, including any costs to
ratepayers, related to both of the following:
(a) Entities or programs established by the commission by order,
decision, motion, settlement, or other action, including, but not
limited to, the California Clean Energy Fund, the California Emerging
Technology Fund, and the Pacific Forest and Watershed Lands
Stewardship Council. The report shall contain descriptions of
relevant issues, including, but not limited to, all of the following:
(1) Any governance structure established for an entity or program.
(2) Any staff or employees hired by or for the entity or program
and their salaries and expenses.
(3) Any staff or employees transferred or loaned internally or
interdepartmentally for the entity or program and their salaries and
expenses.
(4) Any contracts entered into by the entity or program, the
funding sources for those contracts, and the legislative authority
under which the commission entered into the contract.
(5) The public process and oversight governing the entity or
program's activities.
(b) Entities or programs established by the commission, other than
those expressly authorized by statute, under the following sections:
(1) Section 379.6.
(2) Section 399.8.
(3) Section 739.1.
(4) Section 2790.
(5) Section 2851.
SEC. 10. Section 364 of the Public Utilities Code is amended to
read:
364. (a) The commission shall adopt inspection, maintenance,
repair, and replacement standards, and shall, in a new proceeding, or
new phase of an existing proceeding, to commence on or before July
1, 2015, consider adopting rules to address the physical security
risks to the distribution systems of electrical corporations. The
standards or rules, which shall be prescriptive or performance based,
or both, and may be based on risk management, as appropriate, for
each substantial type of distribution equipment or facility, shall
provide for high-quality, safe, and reliable service.
(b) In setting its standards or rules, the commission shall
consider: cost, local geography and weather, applicable codes,
potential physical security risks, national electric industry
practices, sound engineering judgment, and experience. The commission
shall also adopt standards for operation, reliability, and safety
during periods of emergency and disaster.
(c) The commission shall conduct a review to determine whether the
standards or rules prescribed in this section have been met. If the
commission finds that the standards or rules have not been met, the
commission may order appropriate sanctions, including penalties in
the form of rate reductions or monetary fines. The review shall be
performed after every major outage. Any money collected pursuant to
this subdivision shall be used to offset funding for the California
Alternative Rates for Energy Program.
(d) The commission may, consistent with other provisions of law,
withhold from the public information generated or obtained pursuant
to this section that it deems would pose a security threat to the
public if disclosed.
SEC. 11. Section 379.7 of the Public Utilities Code is amended to
read:
379.7. (a) The Legislature finds and declares that the
demonstration project authorized pursuant to this section, at the
Antelope Valley Fairgrounds, to determine actual energy and cost
savings that may be achieved when investments are made onsite to both
reduce overall electricity demand and to offset peak electricity
demand through the installation of (1) cost-effective energy
efficient equipment and fixtures, and (2) a photovoltaic solar energy
system, will provide valuable empirical data upon which to optimize
future ratepayer investments in cost-effective energy efficiency and
photovoltaic solar systems.
(b) (1) The demonstration project authorized pursuant to this
section shall be referred to as the Antelope Valley Fairgrounds EE
and PV Synergy Demonstration Project.
(2) To ensure that potential energy and cost savings from
cost-effective energy efficient equipment and fixtures are achieved,
the Antelope Valley Fairgrounds shall do both of the following:
(A) Implement the recommendations of the energy audit performed on
July 27, 2004.
(B) Include cost-effective energy efficient equipment and fixtures
in all future expansions of the fairgrounds.
(3) To ensure that potential energy and cost savings are achieved
from a photovoltaic solar energy system of up to 630 kilowatts
installed at the Antelope Valley Fairgrounds, the photovoltaic solar
energy system shall meet both of the following criteria:
(A) Be installed in a manner that optimizes operating efficiency,
including appropriate siting.
(B) Consist of components that are new and unused and have a
warranty of not less than 10 years to protect against defects and
undue degradation of electrical generation output.
(c) An electrical corporation providing electrical service to the
Antelope Valley Fairgrounds shall, by February 1, 2006, file with the
commission a tariff providing for an incentive rate consistent with
this section. The incentive rate shall provide stability and
certainty over a 10-year period in an amount and in a manner to
support investment in, and to test the durability of, the
photovoltaic solar energy system installed at the fairgrounds. The
incentive rate, together with an incentive from the self-generation
incentive program that recognizes the energy efficiency investments
made at the fairgrounds as authorized pursuant to Section 379.6,
shall provide for a 10-year payback period for the photovoltaic solar
energy system. The incentive rate shall not result in any cost
shifting among customer classes of the electrical corporation.
(d) Actual energy and cost savings shall be determined through
annual energy audits and ongoing metering of electricity used and
electricity produced on a time-of-use basis.
(e) The demonstration project will be complete 10 years from the
date the Antelope Valley Fairgrounds first takes electrical service
pursuant to the incentive rate required by this section.
(f) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 12. Section 399.19 of the Public Utilities Code is amended
and renumbered to read:
913.6. The commission, in consultation with the Energy
Commission, shall report to the Legislature by January 1 of every
even-numbered year on all of the following:
(a) The progress and status of procurement activities by each
retail seller pursuant to the California Renewables Portfolio
Standard Program (Article 16 (commencing with Section 399.11) of
Chapter 2.3).
(b) The status of permitting and siting eligible renewable energy
resources and transmission facilities necessary to supply electricity
generated to load, including the time taken to permit each eligible
renewable energy resource and transmission line or upgrade,
explanations of failures to meet permitting milestones, and
recommendations for improvements to expedite permitting and siting
processes.
(c) The projected ability of each electrical corporation to meet
the renewables portfolio standard procurement requirements under the
cost limitations in subdivision (d) of Section 399.15 and any
recommendations for revisions of those cost limitations.
(d) Any barriers to, and policy recommendations for, achieving the
renewables portfolio standard pursuant to the California Renewables
Portfolio Standard Program (Article 16 (commencing with Section
399.11) of Chapter 2.3).
SEC. 13. Section 421 of the Public Utilities Code is amended to
read:
421. (a) The commission shall annually determine a fee to be paid
by every passenger stage corporation, charter-party carrier of
passengers, pipeline corporation, for-hire vessel operator, common
carrier vessel operator, railroad corporation, and commercial air
operator, and every other common carrier and related business subject
to the jurisdiction of the commission, except as otherwise provided
in Article 3 (commencing with Section 431) of this chapter and
Chapter 6 (commencing with Section 5001) of Division 2.
(b) The annual fee shall be established to produce a total amount
equal to the amount established in the authorized commission budget
for the same year, including adjustments appropriated by the
Legislature and an appropriate reserve, to regulate common carriers
and related businesses, less the amount to be paid from special
accounts or funds pursuant to Section 403, reimbursements, federal
funds, other revenues, and unencumbered funds from the preceding
year.
(c) Notwithstanding any other provision of law, the fees paid by
railroad corporations shall be used for state-funded railroad
investigation and enforcement activities of the commission, other
than the rail safety activities funded by the Transportation Planning
and Development Account pursuant to Section 99315. The railroad fees
shall be set annually at a level which generates not less than the
amount sufficient to fund activities pursuant to Sections 765.5,
916.2, and 7712.
(d) On January 1, 1992, the commission shall submit to the
Legislature a detailed budget implementing this section for the
1992-93 fiscal year. The commission shall also submit to the
Legislature by January 1, 1993, and on each January 1 thereafter, a
detailed budget for expenditure of railroad corporation fees for the
ensuing budget year. The budget for expenditure of railroad
corporation fees, for each of the 1996-97 and 1997-98 fiscal years,
shall not exceed the amount of three million dollars ($3,000,000).
Expenditures of this budget shall be limited to the following items:
(1) Expenditures for employees occupying, and actually performing
service in, railroad-safety personnel positions that are directly
involved in inspecting railroads and enforcing rail safety
regulations. The commission shall expend the funds budgeted pursuant
to this subdivision for the salaries, per diem, and travel expenses
of employees specified in this paragraph, unless, by statute, the
commission is specifically prohibited from expending all or part of
those funds.
(2) Expenditures for employees occupying, and actually performing
service in, clerical and support staff positions that are directly
associated with railroad-safety inspections.
(3) Expenditures for legal personnel who actually pursue
violations of rail safety regulations beyond the informal complaint
level.
(4) Expenditures for an audit by the California State Auditor's
Office pursuant to subdivision (f), not to exceed seventy-five
thousand dollars ($75,000).
(5) Expenditures for the pro rata share of the commission's
overhead costs while state personnel are actually occupying the
positions, and are performing the duties specified in paragraphs (1)
to (4), inclusive.
(e) The Department of Finance shall notify the Joint Legislative
Budget Committee, pursuant to Section 28.00 of the annual Budget Act,
prior to authorizing any change in the Budget Act appropriation for
railroad corporation fees that is larger than one hundred thousand
dollars ($100,000), or 10 percent of the amount budgeted, whichever
is less.
(f) Except as otherwise provided in this subdivision, commencing
with the 1993-94 fiscal year, and in each subsequent fiscal year
until the 1999-2000 fiscal year, the commission shall conduct an
audit of the expenditure of the funds received pursuant to this
section, except that for the 1996-97 fiscal year and fiscal years
thereafter the audit shall be conducted by the California State
Auditor's Office. The results of this audit shall be reported, in
writing, commencing on or before February 15, 1995, with respect to
the audit for the 1993-94 fiscal year, and on or before January 15 of
each year thereafter, with respect to the audit for the fiscal year
ending on the previous June 30, to the appropriate policy and budget
committees of the respective houses of the Legislature. The
commission shall reimburse the California State Auditor's Office for
the costs of the audits beginning with the 1996-97 fiscal year.
(g) On or before January 1, 1994, the commission shall hire a
minimum of four additional operating practices inspectors, exclusive
of supervisory personnel, who are, or shall become by July 1, 1994,
federally certified, for the purpose of enforcing compliance by
railroads operating in this state with state and federal safety
regulations.
(h) The commission, in performing its duties, shall limit the
expenditure of funds for rail safety purposes to those railroad
corporation fees collected pursuant to subdivision (d). In no event,
shall the commission fund railroad safety activities utilizing funds
from other commission accounts unrelated to railroad safety.
SEC. 14. Section 432.5 of the Public Utilities Code is amended and
renumbered to read:
910.2. (a) The commission shall report to the Legislature the
collections from each class of utility and expenditures, both direct
and indirect, for regulatory and other authorized commission
activities affecting each class. Where expenditures are for overhead,
allocations of services common to several classes, or for
commission-wide activities, the methods used to calculate the
expenditures attributed to the class shall be described in reasonable
detail.
(b) The report shall be furnished to the Legislature within 60
days after the end of the fiscal year, and shall be subject to audit.
The commission shall maintain information and reports necessary to
perform an audit pursuant to this section.
SEC. 15. The heading of Article 5 (commencing with Section 581) of
Chapter 3 of Part 1 of Division 1 of the Public Utilities Code is
amended to read:
Article 5. Reports to the Commission
SEC. 16. Section 590 is added to the Public Utilities Code, to
read:
590. The commission shall require each electrical corporation to
report annually on its compliance with the standards or rules adopted
by the commission pursuant to Section 364. That report shall be made
available to the public, except that the commission may, consistent
with other provisions of law, withhold from the public information
generated or obtained pursuant to this section that it deems would
pose a security threat to the public if disclosed.
SEC. 17. Section 740.3 of the Public Utilities Code is amended to
read:
740.3. (a) The commission, in cooperation with the State Energy
Conservation and Development Commission, the State Air Resources
Board, air quality management districts and air pollution control
districts, regulated electrical and gas corporations, and the motor
vehicle industry, shall evaluate and implement policies to promote
the development of equipment and infrastructure needed to facilitate
the use of electric power and natural gas to fuel low-emission
vehicles. Policies to be considered shall include both of the
following:
(1) The sale-for-resale and the rate-basing of low-emission
vehicles and supporting equipment such as batteries for electric
vehicles and compressor stations for natural gas fueled vehicles.
(2) The development of statewide standards for electric vehicle
charger connections and compressed natural gas vehicle fueling
connections, including installation procedures and technical
assistance to installers.
(b) The commission shall hold public hearings as part of its
effort to evaluate and implement the new policies considered in
subdivision (a).
(c) The commission's policies authorizing utilities to develop
equipment or infrastructure needed for electric-powered and natural
gas-fueled low-emission vehicles shall ensure that the costs and
expenses of those programs are not passed through to electric or gas
ratepayers unless the commission finds and determines that those
programs are in the ratepayers' interest. The commission's policies
shall also ensure that utilities do not unfairly compete with
nonutility enterprises.
SEC. 18. Section 747 of the Public Utilities Code is amended to
read:
747. It is the intent of the Legislature that the commission
reduce rates for electricity and natural gas to the lowest amount
possible.
SEC. 19. Section 747.6 of the Public Utilities Code is amended and
renumbered to read:
913.9. The commission shall report annually on its efforts to
identify ratepayer-funded energy efficiency programs that are similar
to programs administered by the Energy Commission, the State Air
Resources Board, and the
California Alternative Energy and Advanced Transportation Financing
Authority in its annual report prepared pursuant to Section 913 and
to require revisions to ratepayer-funded programs as necessary to
ensure that the ratepayer-funded programs complement and do not
duplicate programs of other state agencies.
SEC. 20. Section 748 of the Public Utilities Code is amended and
renumbered to read:
913.1. (a) The commission, by May 1, 2010, and by each May 1
thereafter, shall prepare and submit a written report, separate from
and in addition to the report required by Section 913, to the
Governor and Legislature that contains the commission's
recommendations for actions that can be undertaken during the
succeeding 12 months to limit utility cost and rate increases,
consistent with the state's energy and environmental goals, including
goals for reducing emissions of greenhouse gases.
(b) In preparing the report required by subdivision (a), the
commission shall require electrical corporations with 1,000,000 or
more retail customers in California, and gas corporations with
500,000 or more retail customers in California, to study and report
on measures the corporation recommends be undertaken to limit costs
and rate increases.
(c) The commission shall post the report required by subdivision
(a) in a conspicuous area of its Internet Web site.
SEC. 21. Section 765 of the Public Utilities Code is amended to
read:
765. (a) When the federal National Transportation Safety Board
(NTSB) submits a safety recommendation letter concerning rail safety
to the commission, the commission shall provide the NTSB with a
formal written response to each recommendation no later than 90 days
after receiving the letter. The response shall state one of the
following:
(1) The commission's intent to implement the recommendations in
full, with a proposed timetable for implementation of the
recommendations.
(2) The commission's intent to implement part of the
recommendations, with a proposed timetable for implementation of
those recommendations, and detailed reasons for the commission's
refusal to implement those recommendations that the commission does
not intend to implement.
(3) The commission's refusal to implement the recommendations,
with detailed reasons for the commission's refusal to implement the
recommendations.
(b) If the NTSB issues a safety recommendation letter concerning
any commission-regulated rail facility to the United States
Department of Transportation, the Federal Transit Administration, a
commission-regulated rail operator, or the commission, or if the
Federal Transit Administration issues a safety advisory concerning
any commission-regulated rail facility, the commission shall
determine if implementation of the recommendation or advisory is
appropriate. The basis for the commission's determination shall be
detailed in writing and shall be approved by a majority vote of the
commission.
(c) If the commission determines that a safety recommendation made
by the NTSB is appropriate, or that action concerning a safety
advisory is necessary, the commission shall issue orders or adopt
rules to implement the safety recommendation or advisory as soon as
practicable. In implementing the safety recommendation or advisory,
the commission shall consider whether a more effective, or equally
effective and less costly, alternative exists to address the safety
issue that the recommendation or advisory addresses.
SEC. 22. Section 765.6 of the Public Utilities Code is amended and
renumbered to read:
916.3. (a) The commission shall annually report to the
Legislature on or before November 30 of each year on its compliance
with the requirements of Section 765.5. The annual report shall
include a determination by the commission of the impact on
competition, if any, of the regulatory fees assessed railroad
corporations and motor carriers for the support of the commission's
activities.
(b) The commission may combine the information required by this
section with the report prepared pursuant to Section 916.
SEC. 23. Section 785 of the Public Utilities Code is amended to
read:
785. To the extent consistent with federal law and regulation and
contractual obligations regarding other available gas, the
commission shall, in consultation with the Division of Oil and Gas of
the Department of Conservation and with the State Energy Resources
Conservation and Development Commission, encourage, as a first
priority, the increased production of gas in this state, including
gas produced from that area of the Pacific Ocean along the coast of
California commonly known as the outer continental shelf, and shall
require, after a hearing, every gas corporation to purchase that gas
which is compatible with the corporation's gas plant and which is
produced in this state having an actual delivered cost, measured in
equivalent heat units, equal to or less than other available gas,
unless this requirement will result in higher overall costs of gas or
other consequences adverse to the interests of gas customers.
SEC. 24. Section 846 of the Public Utilities Code is amended to
read:
846. The authority of the commission to issue financing orders
pursuant to Section 841 shall expire on December 31, 2016. The
expiration of the authority shall have no effect upon financing
orders adopted by the commission pursuant to this article or any
transition property arising therefrom, or upon the charges authorized
to be levied thereunder, or the rights, interests, and obligations
of the electrical corporation or a financing entity or holders of
transition bonds pursuant to the financing order, or the authority of
the commission to monitor, supervise, or take further action with
respect to the order in accordance with the terms of this article and
of the order.
SEC. 25. Section 873 of the Public Utilities Code is amended to
read:
873. (a) The commission shall annually do all of the following:
(1) Designate a class of lifeline service necessary to meet
minimum communications needs.
(2) Set the rates and charges for that service.
(3) Develop eligibility criteria for that service.
(4) Assess the degree of achievement of universal service,
including telephone penetration rates by income, ethnicity, and
geography.
(b) Minimum communications needs includes, but is not limited to,
the ability to originate and receive calls and the ability to access
electronic information services.
SEC. 26. The heading of Article 11 (commencing with Section 910)
of Chapter 4 of Part 1 of Division 1 of the Public Utilities Code is
amended to read:
Article 11. Reports to the Legislature
SEC. 27. Section 910 of the Public Utilities Code is amended and
renumbered to read:
913.3. (a) By May 1 of each year, the commission shall prepare
and submit to the policy and fiscal committees of the Legislature a
written report summarizing the following information:
(1) All electrical corporation revenue requirement increases
associated with meeting the renewables portfolio standard, as defined
in Section 399.12, including direct procurement costs for eligible
renewable energy resources and renewable energy credits,
administrative expenses for procurement, expenses incurred to ensure
a reliable supply of electricity, and expenses for upgrades to the
electrical transmission and distribution grid necessary to the
delivery of electricity from eligible renewable energy resources to
load.
(2) All cost savings experienced, or costs avoided, by electrical
corporations as a result of meeting the renewables portfolio
standard.
(3) All costs incurred by electrical corporations for incentives
for distributed and renewable generation, including the
self-generation incentive program, the California Solar Initiative,
and net energy metering.
(4) All cost savings experienced, or costs avoided, by electrical
corporations as a result of incentives for distributed and renewable
generation.
(5) All pending requests by an electrical corporation seeking
recovery in rates for renewable, fossil fuel, and nuclear procurement
costs, research, study, or pilot program costs.
(6) The decision number for each decision of the commission
authorizing recovery in rates of costs incurred by an electrical
corporation since the preceding report.
(7) Any change in the electrical load serviced by an electrical
corporation since the preceding report.
(8) The efforts each electrical corporation is taking to recruit
and train employees to ensure an adequately trained and available
workforce, including the number of new employees hired by the
electrical corporation for purposes of implementing the requirements
of Article 16 (commencing with Section 399.11) of Chapter 2.3, the
goals adopted by the electrical corporation for increasing women,
minority, and disabled veterans trained or hired for purposes of
implementing the requirements of Article 16 (commencing with Section
399.11) of Chapter 2.3, and, to the extent information is available,
the number of new employees hired and the number of women, minority,
and disabled veterans trained or hired by persons or corporations
owning or operating eligible renewable energy resources under
contract with an electrical corporation. This paragraph does not
provide the commission with authority to engage in, regulate, or
expand its authority to include, workforce recruitment or training.
(b) The commission may combine the information required by this
section with the reports prepared pursuant to Article 16 (commencing
with Section 399.11) of Chapter 2.3.
SEC. 28. Section 910 is added to the Public Utilities Code, to
read:
910. The commission shall do all of the following:
(a) Develop, publish, and annually update an annual workplan
report that describes in clear detail the scheduled ratemaking
proceedings and other decisions that may be considered by the
commission during the calendar year. The workplan report shall
include, but is not limited to, information on how members of the
public and ratepayers can gain access to the commission's ratemaking
process and information regarding the specific matters to be decided.
The workplan report shall also include information on the operation
of the office of the public advisor and identify the names and
telephone numbers of those contact persons responsible for specific
cases and matters to be decided. The workplan report shall also
include a statement that specifies activities that the commission
proposes to reduce the costs of, and rates for, energy, including
electricity, and for improving the competitive opportunities for
state agriculture and other rural energy consumers. The commission
shall post the workplan report under the Official Documents area of
its Internet Web site and shall develop a program to disseminate the
information in the workplan report utilizing computer mailing lists
to provide regular updates on the information to those members of the
public and organizations that request the information.
(b) Produce with the annual workplan report, a complete accounting
of its transactions and proceedings for the preceding year, together
with other facts, suggestions, and recommendations that it deems of
value to the people of the state, and a statement that specifies the
activities and achievements of the commission in reducing the costs
of, and rates for, energy, including electricity, for state
agriculture and other rural energy consumers.
(c) Submit annually the workplan report to the Governor and
Legislature no later than February 1 of each year.
SEC. 29. Section 910.1 is added to the Public Utilities Code, to
read:
910.1. The commission shall annually submit a report to the
Legislature on the number of cases where resolution exceeded the time
periods prescribed in scoping memos and the days that commissioners
presided in hearings.
SEC. 30. Section 910.3 is added to the Public Utilities Code, to
read:
910.3. (a) The commission shall provide a report to the
Legislature on September 1 of each year, on the progress of
activities undertaken by each electrical, gas, water, wireless
telecommunications service provider, and telephone corporation with
gross annual revenues exceeding twenty-five million dollars
($25,000,000), in the implementation of women, minority, disabled
veteran, and LGBT business enterprise development programs pursuant
to Article 5 (commencing with Section 8281) of Chapter 7 of Division
4. The report shall include information about which procurements are
made with women, minority, disabled veteran, and LGBT business
enterprises with at least a majority of the enterprise's workforce in
California, to the extent that information is readily accessible.
The commission shall recommend a program for carrying out the policy
declared in Article 5 (commencing with Section 8281) of Chapter 7 of
Division 4, together with recommendations for legislation that it
deems necessary or desirable to further that policy. The commission
shall make the report available on its Internet Web site.
(b) In regard to disabled veteran business enterprises, the
commission shall ensure that the programs and legislation recommended
pursuant to subdivision (a) are consistent with the disabled veteran
business enterprise certification eligibility requirements imposed
by the Department of General Services and that the recommendations
include only those disabled veteran business enterprises certified by
the Department of General Services.
(c) The commission shall include the information about LGBT
business enterprises required by subdivision (a) beginning with the
report due on September 1, 2016.
SEC. 31. Section 910.6 is added to the Public Utilities Code, to
read:
910.6. It is the intent of the Legislature that, commencing one
year from the date that the procedures described in subdivision (a)
of Section 311.4 are implemented, the commission annually review the
procedures and the technology involved to ensure the continued
effectiveness of the program, and report any findings to the
Legislature.
SEC. 32. Section 911 of the Public Utilities Code is amended and
renumbered to read:
913.4. (a) Notwithstanding subdivision (g) of Section 454.5 and
Section 583, no later than May 1 of each year, the commission shall
release to the Legislature the costs of all electricity procurement
contracts for eligible renewable energy resources, including
unbundled renewable energy credits, and all costs for utility-owned
generation approved by the commission. The first report shall include
all costs commencing January 1, 2003. Subsequent reports shall
include only costs for the preceding calendar year.
(1) For power purchase contracts, the commission shall release
costs in an aggregated form categorized according to the year the
procurement transaction was approved by the commission, the eligible
renewable energy resource type, including bundled renewable energy
credits, the average executed contract price, and average actual
recorded costs for each kilowatthour of production. Within each
renewable energy resource type, the commission shall provide
aggregated costs for different project size thresholds.
(2) For each utility-owned renewable generation project, the
commission shall release the costs forecast by the electrical
corporation at the time of initial approval and the actual recorded
costs for each kilowatthour of production during the preceding
calendar year.
(b) This section does not require the release of the terms of any
individual electricity procurement contracts for eligible renewable
energy resources, including unbundled renewable energy credits,
approved by the commission. The commission shall aggregate data to
the extent required to ensure protection of the confidentiality of
individual contract costs even if this aggregation requires grouping
contracts of different energy resource type. The commission shall not
be required to release the data in any year when there are fewer
than three contracts approved.
(c) The commission may combine the information required by this
section with the report prepared pursuant to Section 913.3.
SEC. 33. Section 911.1 is added to the Public Utilities Code, to
read:
911.1. An action taken by the commission on a safety
recommendation letter or advisory bulletin concerning gas pipeline
safety issued by the federal National Transportation Safety Board
(NTSB) shall be reported annually, in detail, to the Legislature with
the report required by Section 910. Correspondence from the NTSB
that indicates that a recommendation of the NTSB has been closed
following an action that the NTSB finds unacceptable shall be noted
in the report required by Section 910.
SEC. 34. Section 912 is added to the Public Utilities Code, to
read:
912. A summary of the audits conducted by the commission pursuant
to Section 314.5 shall be provided annually to the Legislature. The
commission may provide this information as part of its annual report
delivered pursuant to Section 910.
SEC. 35. Section 912.2 is added to the Public Utilities Code, to
read:
912.2. (a) The commission shall conduct two interim financial
audits and a final financial audit and two interim performance audits
and a final performance audit of the implementation and
effectiveness of the California Advanced Services Fund to ensure that
funds have been expended in accordance with the approved terms of
the grant awards and loan agreements pursuant to Section 281. The
commission shall report its interim findings to the Legislature by
April 1, 2011, and April 1, 2017. The commission shall report its
final findings to the Legislature by April 1, 2021. The reports shall
also include an update to the maps in the final report of the
California Broadband Task Force and data on the types and numbers of
jobs created as a result of the program administered by the
commission pursuant to Section 281.
(b) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January 1, 2022.
SEC. 36. Section 913 is added to the Public Utilities Code, to
read:
913. (a) The reporting requirements of this section apply to
electrical corporations with at least 1,000,000 retail customers in
California and gas corporations with at least 500,000 retail
customers in California.
(b) The commission shall prepare a written report on the costs of
programs and activities conducted by each electrical corporation and
gas corporation that is subject to this section, including activities
conducted to comply with their duty to serve. The report shall be
completed on an annual basis before April 1 of each year, and shall
identify, clearly and concisely, all of the following:
(1) Each program mandated by statute and its annual cost to
ratepayers.
(2) Each program mandated by the commission and its annual cost to
ratepayers.
(3) Energy purchase contract costs and bond-related costs incurred
pursuant to Division 27 (commencing with Section 80000) of the Water
Code.
(4) All other aggregated categories of costs currently recovered
in retail rates as determined by the commission.
(c) The report required by subdivision (b) shall be submitted to
the Governor and the Legislature no later than April 1 of each year.
(d) The commission shall post the report required by subdivision
(b) in a conspicuous area of its Internet Web site.
SEC. 37. Section 913.5 is added to the Public Utilities Code, to
read:
913.5. In order to evaluate the progress of the state's
electrical corporations in complying with the California Renewables
Portfolio Standard Program (Article 16 (commencing with Section
399.11) of Chapter 2.3), the commission shall report to the
Legislature on or before the first day of each quarter on all of the
following:
(a) The progress of each electrical corporation in meeting the
renewables portfolio standard, as defined in Section 399.12.
(b) For each electrical corporation, an implementation schedule to
achieve the renewables portfolio standard procurement requirements,
including all substantive actions that have been taken or will be
taken to achieve the program procurement requirements.
(c) Any renewable energy procurement plan approved by the
commission pursuant to Section 399.13, schedule, and status report
for all substantive procurement, transmission development, and other
activities that the commission has approved to be undertaken by an
electrical corporation to achieve the procurement requirements of the
renewables portfolio standard.
SEC. 38. Section 913.11 is added to the Public Utilities Code, to
read:
913.11. The commission shall provide a progress report to the
Legislature by January 30 of each odd-numbered year concerning
policies on rates, equipment, and infrastructure implemented by the
commission and other state agencies, federal and local governmental
agencies, and private industry to facilitate the use of electricity
to power, and natural gas to fuel, low-emission vehicles.
SEC. 39. Section 913.12 is added to the Public Utilities Code, to
read:
913.12. On or before June 30 of each year, the commission shall
submit to the Legislature an assessment of the success of the
California Solar Initiative program. That assessment shall include
the number of residential and commercial sites that have installed
solar thermal devices for which an award was made pursuant to
subdivision (b) of Section 2851 and the dollar value of the award,
the number of residential and commercial sites that have installed
solar energy systems, the electrical generating capacity of the
installed solar energy systems, the cost of the program, total
electrical system benefits, including the effect on electrical
service rates, environmental benefits, how the program affects the
operation and reliability of the electrical grid, how the program has
affected peak demand for electricity, the progress made toward
reaching the goals of the program, whether the program is on schedule
to meet the program goals, and recommendations for improving the
program to meet its goals. If the commission allocates additional
moneys to research, development, and demonstration that explores
solar technologies and other distributed generation technologies
pursuant to paragraph (1) of subdivision (c) of Section 2851, the
commission shall include in the assessment submitted to the
Legislature, a description of the program, a summary of each award
made or project funded pursuant to the program, including the
intended purposes to be achieved by the particular award or project,
and the results of each award or project.
SEC. 40. Section 913.13 is added to the Public Utilities Code, to
read:
913.13. The commission shall annually report to the Legislature
on its implementation of Section 785.
SEC. 41. Section 914 is added to the Public Utilities Code, to
read:
914. The commission shall annually report the information
required to be reported by public utilities pursuant to Section 7912,
to the Assembly Committee on Utilities and Commerce and the Senate
Committee on Energy, Utilities and Communications, or their successor
committees, and within a reasonable time thereafter, shall make the
information available to the public on its Internet Web site.
SEC. 42. Section 914.1 is added to the Public Utilities Code, to
read:
914.1. The commission shall annually report to the Legislature,
in a document that can be made public, information relative to the
actions undertaken by the commission implementing the lifeline
telecommunications universal service program pursuant to subdivision
(a) of Section 873.
SEC. 43. Section 914.2 is added to the Public Utilities Code, to
read:
914.2. The commission, in its annual report prepared pursuant to
Section 914.1, shall assess whether having telephone corporations
provide the name and address of its lifeline customers to other
public utilities for the purpose of low-income ratepayer assistance
outreach efforts has been helpful in the low-income ratepayer
assistance outreach efforts.
SEC. 44. Section 914.3 is added to the Public Utilities Code, to
read:
914.3. By July 1 of each year, the commission shall submit to the
Governor and the Legislature a report that includes, based on
yearend data, on an aggregated basis, the information submitted by
holders pursuant to subdivision (b) of Section 5960. All information
reported by the commission pursuant to this section shall be
disclosed to the public only as provided for pursuant to Section 583.
No individually identifiable customer or subscriber information
shall be subject to public disclosure.
SEC. 45. Section 914.4 is added to the Public Utilities Code, to
read:
914.4. The commission shall annually report the information
required to be reported by holders of state franchises pursuant to
Section 5920, to the Assembly Committee on Utilities and Commerce and
the Senate Committee on Energy, Utilities and Communications, or
their successor committees, and within a reasonable time thereafter,
shall make the information available to the public on its Internet
Web site.
SEC. 46. Section 914.5 is added to the Public Utilities Code, to
read:
914.5. (a) The commission shall prepare and submit to the
Legislature, on or before March 1 of each year, a report on the
fiscal status of the programs established and funded pursuant to
Sections 2881, 2881.1, and 2881.2. The report shall include a
statement of the surcharge level established pursuant to subdivision
(g) of Section 2881 and revenues produced by the surcharge, an
accounting of program expenses, and an evaluation of options for
controlling those expenses and increasing program efficiency,
including, but not limited to, all of the following proposals:
(1) The establishment of a means test for persons to qualify for
program equipment or free or reduced charges for the use of
telecommunication services.
(2) If and to the extent not prohibited under Section 401 of the
federal Americans with Disabilities Act of 1990 (Public Law 101-336),
as amended (47 U.S.C. Sec. 225), the imposition of limits or other
restrictions on maximum usage levels for the relay service, which
shall include the development of a program to provide basic
communications requirements to all relay users at discounted rates,
including discounted toll-call rates, and, for usage in excess of
those basic requirements, at rates that recover the full costs of
service.
(3) More efficient means for obtaining and distributing equipment
to qualified subscribers.
(4) The establishment of quality standards for increasing the
efficiency of the relay system.
(5) Any modification to the program in order to maximize
participation and funding opportunity under similar federal programs.
(b) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January 1, 2021.
SEC. 47. Section 914.6 is added to the Public Utilities Code, to
read:
914.6. The commission shall report to the Legislature and the
Governor annually on the effectiveness of the program administered
pursuant to subdivision (c) of Section 280.5.
SEC. 48. Section 914.7 is added to the Public Utilities Code, to
read:
914.7. (a) By January 1 of each year, the commission shall
provide a report to the Legislature that includes all of the
following information:
(1) The amount of funds expended from the California Advanced
Services Fund in the prior year.
(2) The recipients of funds expended from the California Advanced
Services Fund in the prior year.
(3) The geographic regions of the state affected by funds expended
from the California Advanced Services Fund in the prior year.
(4) The expected benefits to be derived from the funds expended
from the California Advanced Services Fund in the prior year.
(5) Actual broadband adoption levels from the funds expended from
the California Advanced Services Fund in the prior year.
(6) The amount of funds expended from the California Advanced
Services Fund used to match federal funds.
(7) An update on the expenditures from California Advanced
Services Fund and broadband adoption levels, and an accounting of
remaining unserved and underserved households and areas of the state.
(8) The status of the California Advanced Services Fund balance
and the projected amount to be collected in each year through 2020 to
fund approved projects.
(b) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January 1, 2021.
SEC. 49. Section 915 of the Public Utilities Code is amended and
renumbered to read:
911. (a) Beginning February 1, 2016, the commission shall
annually publish a report that includes all investigations into gas
or electric service safety incidents reported, pursuant to commission
requirements, by any gas corporation or electrical corporation. The
report shall succinctly describe each safety investigation concluded
during the prior calendar year and each investigation that remains
open. The categories within the description shall include the month
of the safety incident, the reason for the investigation, the
facility type involved, and the owner of the facility.
(b) The commission shall include in its report required pursuant
to Section 910, a summary of the staff safety investigations
concluded during the prior calendar year and the staff safety
investigations that remain open for any gas corporation or electrical
corporation, with a link to the Internet Web site with the report
that contains the information required pursuant to subdivision (a).
SEC. 50 Section 916 is added to the Public Utilities Code, to
read:
916. On or before November 30 of each year, the commission shall
report to the Legislature on its rail safety activities.
SEC. 51. Section 916.1 is added to the Public Utilities Code, to
read:
916.1. The commission shall annually report the results of its
investigation pursuant to subdivision (d) of Section 7661 relative to
any incident that results in a notification required pursuant to
subdivision (b) of Section 7661, including its findings concerning
the cause or causes of the incident and any action undertaken by the
commission in response to those findings. The commission may include
the information required to be reported pursuant to this section in
its report to the Legislature pursuant to Section 916.
SEC. 52. Section 916.4 is added to the Public Utilities Code, to
read:
916.4. An action taken by the commission on a safety
recommendation letter or safety advisory pursuant to Section 765
shall be reported annually, in detail, to the Legislature with the
report required by Section 910. Correspondence from the federal
National Transportation Safety Board indicating that a recommendation
has been closed following an action that the federal National
Transportation Safety Board finds unacceptable shall be noted in the
report required by Section 910.
SEC. 53. Section 919 is added to the Public Utilities Code, to
read:
919. (a) The Antelope Valley Fairgrounds shall submit biennial
reports to the commission and to the Legislature relative to the
Antelope Valley Fairgrounds EE and PV Synergy Demonstration Project.
The reports shall include actual recorded electricity usage by the
fairgrounds and electricity produced by the photovoltaic solar energy
system at the fairgrounds, on a time-of-use basis. A final report
shall be submitted to the commission and to the Legislature within
six months of the conclusion of the demonstration project. The final
report shall include an analysis of the energy and cost savings
achieved at the fairgrounds, the effectiveness of combining
investment in energy efficiency and a photovoltaic solar energy
system on the same site, the performance and durability of the
photovoltaic solar energy system over the life of the demonstration
project, and recommendations for optimizing ratepayer investment in
energy efficiency and photovoltaic solar energy systems.
(b) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 54. Section 920 is added to the Public Utilities Code, to
read:
920. (a) (1) Unless expressly directed otherwise, a report to be
submitted to the Legislature pursuant to this article is to be
submitted in compliance with Section 9795 of the Government Code,
except that an electronic copy may be submitted to the Secretary of
the Senate, unless specifically requested to submit a printed copy of
the report, with an electronic copy submitted to Legislative Counsel
in compliance with subdivision (c) of Section 10242.5 of the
Government Code.
(2) Any report that is expressly directed to be submitted to a
committee of the Legislature shall be submitted as an electronic
copy, unless specifically requested to submit a printed copy by chair
of that committee, with an electronic copy submitted to Legislative
Counsel in compliance with subdivision (c) of Section 10242.5 of the
Government Code.
(b) Any report required to be submitted to the Governor pursuant
to this article shall be submitted as an electronic copy unless
specifically requested to submit a printed copy of the report by the
Governor.
SEC. 55. Section 958.5 of the Public Utilities Code is amended to
read:
958.5. (a) Twice a year, or as determined by the commission, each
gas corporation shall file with the division of the commission
responsible for consumer protection and safety a gas transmission and
storage safety report. The division of the commission responsible
for consumer protection and safety shall review the reports to
monitor each gas corporation's storage and pipeline-related
activities to assess whether the projects that have been identified
as high risk are being carried out, and to track whether the gas
corporation is spending its allocated funds on these storage and
pipeline-related safety, reliability, and integrity activities for
which they have received approval from the commission.
(b) The gas transmission and storage safety report shall include a
thorough description and explanation of the strategic planning and
decisionmaking approach used to determine and rank the gas storage
projects, intrastate transmission line safety, integrity, and
reliability, operation and maintenance activities, and inspections of
its intrastate transmission lines. If there has been no change in
the gas corporation's approach for determining and ranking which
projects and activities are prioritized since the previous gas
transmission and storage safety report, the subsequent report may
reference the immediately preceding report.
(c) If the division of the commission responsible for consumer
protection and safety determines that there is a deficiency in a gas
corporation's prioritization or administration of the storage or
pipeline capital projects or operation and maintenance activities,
the division shall bring the problems to the commission's immediate
attention.
SEC. 56. Section 960 of the Public Utilities Code is amended to
read:
960. (a) When the federal National Transportation Safety Board
(NTSB) submits a safety recommendation letter concerning gas pipeline
safety to the commission, the commission shall provide the NTSB with
a formal written response to each recommendation not later than 90
days after receiving the letter. The response shall state one of the
following:
(1) The commission's intent to implement the recommendations in
full, with a proposed timetable for implementation of the
recommendations.
(2) The commission's intent to implement part of the
recommendations, with a proposed timetable for implementation of
those recommendations, and detailed reasons for the commission's
refusal to implement those recommendations that the commission does
not intend to implement.
(3) The commission's refusal to implement the recommendations,
with detailed reasons for the commission's refusal to implement the
recommendations.
(b) If the NTSB issues a safety recommendation letter concerning
any commission-regulated gas pipeline facility to the United States
Department of Transportation, the federal Pipeline and Hazardous
Materials Safety Administration (PHMSA), a gas corporation, or the
commission, or the PHMSA issues an advisory bulletin concerning any
commission-regulated gas pipeline facility, the commission shall
determine if implementation of the recommendation or advisory is
appropriate. The basis for the commission's determination shall be
detailed in writing and shall be approved by a majority vote of the
commission.
(c) If the commission determines that a safety recommendation made
by the NTSB is appropriate or that action concerning an advisory
bulletin is necessary, the commission shall issue orders or adopt
rules to implement the safety recommendation or advisory as soon as
practicable. In implementing the safety recommendation or advisory,
the commission shall consider whether a more effective, or equally
effective and less costly, alternative exists to address the safety
issue that the recommendation or advisory addresses.
SEC. 57. Section 2851 of the Public Utilities Code, as amended by
Section 41 of Chapter 24 of the Statutes of 2015, is amended to read:
2851. (a) In implementing the California Solar Initiative, the
commission shall do all of the following:
(1) (A) The commission shall authorize the award of monetary
incentives for up to the first megawatt of alternating current
generated by solar energy systems that meet the eligibility criteria
established by the Energy Commission pursuant to Chapter 8.8
(commencing with Section 25780) of Division 15 of the Public
Resources Code. The commission shall determine the eligibility of a
solar energy system, as defined in Section 25781 of the Public
Resources Code, to receive monetary incentives until the time the
Energy Commission establishes eligibility criteria pursuant to
Section 25782. Monetary incentives shall not be awarded for solar
energy systems that do not meet the eligibility criteria. The
incentive level authorized by the commission shall decline each year
following implementation of the California Solar Initiative, at a
rate of no less than an average of 7 percent per year, and, except as
provided in subparagraph (B), shall be zero as of December 31, 2016.
The commission shall adopt and publish a schedule of declining
incentive levels no less than 30 days in advance of the first decline
in incentive levels. The commission may develop incentives based
upon the output of electricity from the system, provided those
incentives are consistent with the declining incentive levels of this
paragraph and the incentives apply to only the first megawatt of
electricity generated by the system.
(B) The incentive level for the installation of a solar energy
system pursuant to Section 2852 shall be zero as of December 31,
2021.
(2) The commission shall adopt a performance-based incentive
program so that by January 1, 2008, 100 percent of incentives for
solar energy systems of 100 kilowatts or greater and at least 50
percent of incentives for solar energy systems of 30 kilowatts or
greater are earned based on the actual electrical output of the solar
energy systems. The commission shall encourage, and may require,
performance-based incentives for solar energy systems of less than 30
kilowatts. Performance-based incentives shall decline at a rate of
no less than an average of 7 percent per year. In developing the
performance-based incentives, the commission may:
(A) Apply performance-based incentives only to customer classes
designated by the commission.
(B) Design the performance-based incentives so that customers may
receive a higher level of incentives than under incentives based on
installed electrical capacity.
(C) Develop financing options that help offset the installation
costs of the solar energy system, provided that this financing is
ultimately repaid in full by the consumer or through the application
of the performance-based rebates.
(3) By January 1, 2008, the commission, in consultation with the
Energy Commission, shall require reasonable and cost-effective energy
efficiency improvements in existing buildings as a condition of
providing incentives for eligible solar energy systems, with
appropriate exemptions or limitations to accommodate the limited
financial resources of low-income residential housing.
(4) Notwithstanding subdivision (g) of Section 2827, the
commission may develop a time-variant tariff that creates the maximum
incentive for ratepayers to install solar energy systems so that the
system's peak electricity production coincides with California's
peak electricity demands and that ensures that ratepayers receive due
value for their contribution to the purchase of solar energy systems
and customers with solar energy systems continue to have an
incentive to use electricity efficiently. In developing the
time-variant tariff, the commission may exclude customers
participating in the tariff from the rate cap for residential
customers for existing baseline quantities or usage by those
customers of up to 130 percent of existing baseline quantities, as
required by Section 739.9. Nothing in this paragraph authorizes the
commission to require time-variant pricing for ratepayers without a
solar energy system.
(b) Notwithstanding subdivision (a), in implementing the
California Solar Initiative, the commission may authorize the award
of monetary incentives for solar thermal and solar water heating
devices, in a total amount up to one hundred million eight hundred
thousand dollars ($100,800,000).
(c) (1) In implementing the California Solar Initiative, the
commission shall not allocate more than fifty million dollars
($50,000,000) to research, development, and demonstration that
explores solar technologies and other distributed generation
technologies that employ or could employ solar energy for generation
or storage of electricity or to offset natural gas usage. Any program
that allocates additional moneys to research, development, and
demonstration shall be developed in collaboration with the Energy
Commission to ensure there is no duplication of efforts, and adopted
by the commission through a rulemaking or other appropriate public
proceeding. Any grant awarded by the commission for research,
development, and demonstration shall be approved by the full
commission at a public meeting. This subdivision does not prohibit
the commission from continuing to allocate moneys to research,
development, and demonstration pursuant to the self-generation
incentive program for distributed generation resources originally
established pursuant to Chapter 329 of the Statutes of 2000, as
modified pursuant to Section 379.6.
(2) The Legislature finds and declares that a program that
provides a stable source of monetary incentives for eligible solar
energy systems will encourage private investment sufficient to make
solar technologies cost effective.
(d) (1) The commission shall not impose any charge upon the
consumption of natural gas, or upon natural gas ratepayers, to fund
the California Solar Initiative.
(2) Notwithstanding any other provision of law, any charge imposed
to fund the program adopted and implemented pursuant to this section
shall be imposed upon all customers not participating in the
California Alternate Rates for Energy (CARE) or family electric rate
assistance (FERA) programs, including those residential customers
subject to the rate limitation specified in Section 739.9 for
existing baseline quantities or usage up to 130 percent of existing
baseline quantities of electricity.
(3) The costs of the program adopted and implemented pursuant to
this section shall not be recovered from customers participating in
the California Alternate Rates for Energy or CARE program established
pursuant to Section 739.1, except to the extent that program costs
are recovered out of the nonbypassable system benefits charge
authorized pursuant to Section 399.8.
(e) Except as provided in subdivision (f), in implementing the
California Solar Initiative, the commission shall ensure that the
total cost over the duration of the program does not exceed three
billion five hundred fifty million eight hundred thousand dollars
($3,550,800,000). Except as provided in subdivision (f), financial
components of the California Solar Initiative shall consist of the
following:
(1) Programs under the supervision of the commission funded by
charges collected from customers of San Diego Gas and Electric
Company, Southern California Edison Company, and Pacific Gas and
Electric Company. Except as provided in subdivision (f), the total
cost over the duration of these programs shall not exceed two billion
three hundred sixty-six million eight hundred thousand dollars
($2,366,800,000) and includes moneys collected directly into a
tracking account for support of the California Solar Initiative.
(2) Programs adopted, implemented, and financed in the amount of
seven hundred eighty-four million dollars ($784,000,000), by charges
collected by local publicly owned electric utilities pursuant to
Section 2854. Nothing in this subdivision shall give the commission
power and jurisdiction with respect to a local publicly owned
electric utility or its customers.
(3) (A) Programs for the installation of solar energy systems on
new construction (New Solar Homes Partnership Program), administered
by the Energy Commission, and funded by charges in the amount of four
hundred million dollars ($400,000,000), collected from customers of
San Diego Gas and Electric Company, Southern California Edison
Company, and Pacific Gas and Electric Company. If the commission is
notified by the Energy Commission that funding available pursuant to
Section 25751 of the Public Resources Code for the New Solar Homes
Partnership Program and any other funding for the purposes of this
paragraph have been exhausted, the commission may require an
electrical corporation to continue administration of the program
pursuant to the guidelines established for the program by the Energy
Commission, until the funding limit authorized by this paragraph has
been reached. The commission may determine whether a third party,
including the Energy Commission, should administer the utility's
continuation of the New Solar Homes Partnership Program. The
commission, in consultation with the Energy Commission, shall
supervise the administration of the continuation of the New Solar
Homes Partnership Program by an electrical corporation or third-party
administrator. After the exhaustion of funds, the Energy Commission
shall notify the Joint Legislative Budget Committee 30 days prior to
the continuation of the program. This subparagraph shall become
inoperative on June 1, 2018.
(B) If the commission requires a continuation of the program
pursuant to subparagraph (A), any funding made available pursuant to
the continuation program shall be encumbered through the issuance of
rebate reservations by no later than June 1, 2018, and disbursed by
no later than December 31, 2021.
(4) The changes made to this subdivision by Chapter 39 of the
Statutes of 2012 do not authorize the levy of a charge or any
increase in the amount collected pursuant to any existing charge, nor
do the changes add to, or detract from, the commission's existing
authority to levy or increase charges.
(f) Upon the expenditure or reservation in any electrical
corporation's service territory of the amount specified in paragraph
(1) of subdivision (e) for low-income residential housing programs
pursuant to subdivision (c) of Section 2852, the commission shall
authorize the continued collection of the charge for the purposes of
Section 2852. The commission shall ensure that the total amount
collected pursuant to this subdivision does not exceed one hundred
eight million dollars ($108,000,000). Upon approval by the
commission, an electrical corporation may use amounts collected
pursuant to subdivision (e) for purposes of funding the general
market portion of the California Solar Initiative, that remain
unspent and unencumbered after December 31, 2016, to reduce the
electrical corporation's portion of the total amount collected
pursuant to this subdivision.
SEC. 58. Section 2881 of the Public Utilities Code is amended to
read:
2881. (a) The commission shall design and implement a program to
provide a telecommunications device capable of serving the needs of
individuals who are deaf or hearing impaired, together with a single
party line, at no charge additional to the basic exchange rate, to a
subscriber who is certified as an individual who is deaf or hearing
impaired by a licensed physician and surgeon, audiologist, or a
qualified state or federal agency, as determined by the commission,
and to a subscriber that is an organization representing individuals
who are deaf or hearing impaired, as determined and specified by the
commission pursuant to subdivision (h). A licensed hearing aid
dispenser may certify the need of an individual to participate in the
program if that individual has been previously fitted with an
amplified device by the dispenser and the dispenser has the
individual's hearing records on file prior to certification. In
addition, a physician assistant may certify the needs of an
individual who has been diagnosed by a physician and surgeon as being
deaf or hearing impaired to participate in the program after
reviewing the medical records or copies of the medical records
containing that diagnosis.
(b) The commission shall also design and implement a program to
provide a dual-party relay system, using third-party intervention to
connect individuals who are deaf or hearing impaired and offices of
organizations representing individuals who are deaf or hearing
impaired, as determined and specified by the commission pursuant to
subdivision (h), with persons of normal hearing by way of
intercommunications devices for individuals who are deaf or hearing
impaired and the telephone system, making available reasonable access
of all phases of public telephone service to telephone subscribers
who are deaf or hearing impaired. In order to make a dual-party relay
system that will meet the requirements of individuals who are deaf
or hearing impaired available at a reasonable cost, the commission
shall initiate an investigation, conduct public hearings to determine
the most cost-effective method of providing dual-party relay service
to the deaf or hearing impaired when using a telecommunications
device, and solicit the advice, counsel, and physical assistance of
statewide nonprofit consumer organizations of the deaf, during the
development and implementation of the system. The commission shall
apply for certification of this program under rules adopted by the
Federal Communications Commission pursuant to Section 401 of the
federal Americans with Disabilities Act of 1990 (Public Law 101-336).
(c) The commission shall also design and implement a program
whereby specialized or supplemental telephone communications
equipment may be provided to subscribers who are certified to be
disabled at no charge additional to the basic exchange rate. The
certification, including a statement of visual or medical need for
specialized telecommunications equipment, shall be provided by a
licensed optometrist, physician and surgeon, or physician assistant,
acting within the scope of practice of his or her license, or by a
qualified state or federal agency as determined by the commission.
The commission shall, in this connection, study the feasibility of,
and implement, if determined to be feasible, personal income
criteria, in addition to the certification of disability, for
determining a subscriber's eligibility under this subdivision.
(d) (1) The commission shall also design and implement a program
to provide access to a speech-generating device to any subscriber who
is certified as having a speech disability at no charge additional
to the basic exchange rate. The certification shall be provided by a
licensed physician, licensed speech-language pathologist, or
qualified state or federal agency. The commission shall provide to a
certified subscriber access to a speech-generating device that is all
of the following:
(A) A telecommunications device or a device that includes a
telecommunications component.
(B) Appropriate to meet the subscriber's needs for access to, and
use of, the telephone network, based on the recommendation of a
licensed speech-language pathologist.
(C) Consistent with the quality of speech-generating devices
available for purchase in the state.
(2) The commission shall adopt rules to implement this subdivision
and subdivision (e) by January 1, 2014.
(e) All of the following apply to any device or equipment
described in this section that is classified as durable medical
equipment under guidelines established by the United States
Department of Health and Human Services:
(1) It is the intent of the Legislature that the commission be the
provider of last resort and that eligible subscribers first obtain
coverage from any available public or private insurance.
(2) The commission may require the subscriber to provide
information about coverage for any or all of the cost of the device
or equipment that is available from any public or
private insurance, the cost to the
subscriber of any deductible, copayment, or other relevant expense,
and any related benefit cap information.
(3) The total cost of any device or equipment provided to a
subscriber under this section shall not exceed the rate of
reimbursement provided by Medi-Cal for that device or equipment.
(f) Nothing in this section requires the commission to provide
training to a subscriber on the use of a speech-generating device.
(g) The commission shall establish a rate recovery mechanism
through a surcharge not to exceed one-half of 1 percent uniformly
applied to a subscriber's intrastate telephone service, other than
one-way radio paging service and universal telephone service, both
within a service area and between service areas, to allow providers
of the equipment and service specified in subdivisions (a), (b), (c),
and (d) to recover costs as they are incurred under this section.
The surcharge shall be in effect until January 1, 2020. The
commission shall require that the programs implemented under this
section be identified on subscribers' bills, and shall establish a
fund and require separate accounting for each of the programs
implemented under this section.
(h) The commission shall determine and specify those statewide
organizations representing the deaf or hearing impaired that shall
receive a telecommunications device pursuant to subdivision (a) or a
dual-party relay system pursuant to subdivision (b), or both, and in
which offices the equipment shall be installed in the case of an
organization having more than one office.
(i) The commission may direct a telephone corporation subject to
its jurisdiction to comply with its determinations and specifications
pursuant to this section.
(j) The commission shall annually review the surcharge level and
the balances in the funds established pursuant to subdivision (g).
Until January 1, 2020, the commission may make, within the limits set
by subdivision (g), any necessary adjustments to the surcharge to
ensure that the programs supported thereby are adequately funded and
that the fund balances are not excessive. A fund balance that is
projected to exceed six months' worth of projected expenses at the
end of the fiscal year is excessive.
(k) In order to continue to meet the access needs of individuals
with functional limitations of hearing, vision, movement,
manipulation, speech, and interpretation of information, the
commission shall perform ongoing assessment of, and if appropriate,
expand the scope of the program to allow for additional access
capability consistent with evolving telecommunications technology.
(l) The commission shall structure the programs required by this
section so that a charge imposed to promote the goals of universal
service reasonably equals the value of the benefits of universal
service to contributing entities and their subscribers.
SEC. 59. Section 2891 of the Public Utilities Code is amended to
read:
2891. (a) No telephone or telegraph corporation shall make
available to any other person or corporation, without first obtaining
the residential subscriber's consent, in writing, any of the
following information:
(1) The subscriber's personal calling patterns, including any
listing of the telephone or other access numbers called by the
subscriber, but excluding the identification to the person called of
the person calling and the telephone number from which the call was
placed, subject to the restrictions in Section 2893, and also
excluding billing information concerning the person calling which
federal law or regulation requires a telephone corporation to provide
to the person called.
(2) The residential subscriber's credit or other personal
financial information, except when the corporation is ordered by the
commission to provide this information to any electrical, gas, heat,
telephone, telegraph, or water corporation, or centralized credit
check system, for the purpose of determining the creditworthiness of
new utility subscribers.
(3) The services which the residential subscriber purchases from
the corporation or from independent suppliers of information services
who use the corporation's telephone or telegraph line to provide
service to the residential subscriber.
(4) Demographic information about individual residential
subscribers, or aggregate information from which individual
identities and characteristics have not been removed.
(b) Any residential subscriber who gives his or her written
consent for the release of one or more of the categories of personal
information specified in subdivision (a) shall be informed by the
telephone or telegraph corporation regarding the identity of each
person or corporation to whom the information has been released, upon
written request. The corporation shall notify every residential
subscriber of the provisions of this subdivision whenever consent is
requested pursuant to this subdivision.
(c) Any residential subscriber who has, pursuant to subdivision
(b), given written consent for the release of one or more of the
categories of personal information specified in subdivision (a) may
rescind this consent upon submission of a written notice to the
telephone or telegraph corporation. The corporation shall cease to
make available any personal information about the subscriber, within
30 days following receipt of notice given pursuant to this
subdivision.
(d) This section does not apply to any of the following:
(1) Information provided by residential subscribers for inclusion
in the corporation's directory of subscribers.
(2) Information customarily provided by the corporation through
directory assistance services.
(3) Postal ZIP Code information.
(4) Information provided under supervision of the commission to a
collection agency by the telephone corporation exclusively for the
collection of unpaid debts.
(5) Information provided to an emergency service agency responding
to a 911 telephone call or any other call communicating an imminent
threat to life or property.
(6) Information provided to a law enforcement agency in response
to lawful process.
(7) Information which is required by the commission pursuant to
its jurisdiction and control over telephone and telegraph
corporations.
(8) Information transmitted between telephone or telegraph
corporations pursuant to the furnishing of telephone service between
or within service areas.
(9) Information required to be provided by the corporation
pursuant to rules and orders of the commission or the Federal
Communications Commission regarding the provision over telephone
lines by parties other than the telephone and telegraph corporations
of telephone or information services.
(10) The name and address of the lifeline customers of a telephone
corporation provided by that telephone corporation to a public
utility for the sole purpose of low-income ratepayer assistance
outreach efforts. The telephone corporation receiving the information
request pursuant to this paragraph may charge the requesting utility
for the cost of the search and release of the requested information.
(11) Information provided in response to a request pursuant to
subdivision (a) of Section 530.8 of the Penal Code.
(e) Every violation is a grounds for a civil suit by the aggrieved
residential subscriber against the telephone or telegraph
corporation and its employees responsible for the violation.
(f) For purposes of this section, "access number" means a telex,
teletex, facsimile, computer modem, or any other code which is used
by a residential subscriber of a telephone or telegraph corporation
to direct a communication to another subscriber of the same or
another telephone or telegraph corporation.
SEC. 60. Section 5006 of the Public Utilities Code is amended and
renumbered to read:
918. The commission shall, within 30 days prior to commencement
of the regular session of the Legislature, submit to the Governor a
full and true report of transactions under Chapter 6 (commencing with
Section 5001) of Division 2 during the preceding biennium, including
a complete statement of receipts and expenditures during the period.
SEC. 61. Section 5012 of the Public Utilities Code is amended and
renumbered to read:
912.1. The Public Utilities Commission shall conduct an audit of
the expenditures of the funds received pursuant to Chapter 6
(commencing with Section 5001) of Division 2 each fiscal year. The
results of this audit shall be reported in writing, on or before
February 15th of each year thereafter, with respect to the audit for
the fiscal year ending on the previous June 30th, to the appropriate
policy and budget committees of the respective houses of the
Legislature.
SEC. 62. Section 5385.5 of the Public Utilities Code is repealed.
SEC. 63. Section 5387 of the Public Utilities Code is amended to
read:
5387. (a) It is unlawful for the owner of a charter-party carrier
of passengers to permit the operation of a vehicle upon a public
highway for compensation without (1) having obtained from the
commission a certificate or permit pursuant to this chapter, (2)
having complied with the vehicle identification requirements of
Section 5385, and (3) having complied with the accident liability
protection requirements of Section 5391.
(b) A person who drives a bus for a charter-party carrier without
having a current and valid driver's license of the proper class, a
passenger vehicle endorsement, or the required certificate shall be
suspended from driving a bus of any kind, including, but not limited
to, a bus, schoolbus, school pupil activity bus, or transit bus, with
passengers for a period of five years pursuant to Section 13369 of
the Vehicle Code.
(c) (1) A charter-party carrier shall have its authority to
operate as a charter-party carrier permanently revoked by the
commission or be permanently barred from receiving a permit or
certificate from the commission if it commits any of the following
acts:
(A) Operates a bus without having been issued a permit or
certificate from the commission.
(B) Operates a bus with a permit that was suspended by the
commission pursuant to Section 5378.5.
(C) Commits three or more liability insurance violations within a
two-year period for which it has been cited.
(D) Operates a bus with a permit that was suspended by the
commission during a period that the charter-party carrier's liability
insurance lapsed for which it has been cited.
(E) Knowingly employs a busdriver who does not have a current and
valid driver's license of the proper class, a passenger vehicle
endorsement, or the required certificate to drive a bus.
(F) Has one or more buses improperly registered with the
Department of Motor Vehicles.
(2) The commission shall not issue a new permit or certificate to
operate as a charter-party carrier if any officer, director, or owner
of that charter-party carrier was an officer, director, or owner of
a charter-party carrier that had its authority to operate as a
charter-party carrier permanently revoked by the commission or that
was permanently barred from receiving a permit or certificate from
the commission pursuant to this subdivision.
(d) An officer of the Department of the California Highway Patrol
may impound a bus of a charter-party carrier for 30 days pursuant to
Section 14602.9 of the Vehicle Code, if the officer determines that
any of the following violations occurred while the busdriver was
operating the bus of a charter-party carrier:
(1) The driver was operating the bus of a charter-party carrier
when the charter-party carrier did not have a permit or certificate
issued by the commission.
(2) The driver was operating the bus of a charter-party carrier
when the charter-party carrier was operating the bus with a suspended
permit or certificate from the commission.
(3) The driver was operating the bus of a charter-party carrier
without having a current and valid driver's license of the proper
class, a passenger vehicle endorsement, or the required certificate.
SEC. 63.5. Section 5387 of the Public Utilities Code is amended to
read:
5387. (a) It is unlawful for the owner of a charter-party carrier
of passengers to permit the operation of a vehicle upon a public
highway for compensation without (1) having obtained from the
commission a certificate or permit pursuant to this chapter, (2)
having complied with the vehicle identification requirements of
Section 5385, and (3) having complied with the accident liability
protection requirements of Section 5391.
(b) A person who drives a bus for a charter-party carrier without
having a current and valid driver's license of the proper class, a
passenger vehicle endorsement, or the required certificate shall be
suspended from driving a bus of any kind, including, but not limited
to, a bus, schoolbus, school pupil activity bus, or transit bus, with
passengers for a period of five years pursuant to Section 13369 of
the Vehicle Code.
(c) (1) A charter-party carrier shall have its authority to
operate as a charter-party carrier permanently revoked by the
commission or be permanently barred from receiving a permit or
certificate from the commission if it commits any of the following
acts:
(A) Operates a bus without having been issued a permit or
certificate from the commission.
(B) Operates a bus with a permit that was suspended by the
commission pursuant to Section 5378.5.
(C) Commits three or more liability insurance violations within a
two-year period for which it has been cited.
(D) Operates a bus with a permit that was suspended by the
commission during a period that the charter-party carrier's liability
insurance lapsed for which it has been cited.
(E) Knowingly employs a busdriver who does not have a current and
valid driver's license of the proper class, a passenger vehicle
endorsement, or the required certificate to drive a bus.
(F) Has one or more buses improperly registered with the
Department of Motor Vehicles.
(2) The commission shall not issue a new permit or certificate to
operate as a charter-party carrier if any officer, director, or owner
of that charter-party carrier was an officer, director, or owner of
a charter-party carrier that had its authority to operate as a
charter-party carrier permanently revoked by the commission or that
was permanently barred from receiving a permit or certificate from
the commission pursuant to this subdivision.
(d) A peace officer, as designated pursuant to Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
may impound a bus or limousine of a charter-party carrier of
passengers for 30 days pursuant to Section 14602.9 of the Vehicle
Code if the peace officer determines that any of the following
violations occurred while the driver was operating the bus or
limousine of the charter-party carrier:
(1) The driver was operating the bus or limousine of a
charter-party carrier of passengers when the charter-party carrier of
passengers did not have a permit or certificate issued by the
commission.
(2) The driver was operating the bus or limousine of a
charter-party carrier of passengers when the charter-party carrier of
passengers was operating with a suspended permit or certificate from
the commission.
(3) The driver was operating the bus or limousine of a
charter-party carrier of passengers without having a current and
valid driver's license of the proper class, a passenger vehicle
endorsement, or the required certificate.
(e) This section does not authorize the impoundment of privately
owned personal vehicles that are not common carriers nor the
impoundment of vehicles used in transportation for compensation by
charter-party carriers of passengers that are not required to carry
individual permits.
SEC. 64. Section 5920 of the Public Utilities Code is amended to
read:
5920. A holder of a state franchise employing more than 750 total
employees in California shall annually report to the commission all
of the following:
(a) The number of California residents employed by the holder,
calculated on a full-time or full-time equivalent basis.
(b) The percentage of the holder's total domestic workforce,
calculated on a full-time or full-time equivalent basis.
(c) The types and numbers of jobs by occupational classification
held by residents of California employed by holders of state
franchises and the average pay and benefits of those jobs and,
separately, the number of out-of-state residents employed by
independent contractors, companies, and consultants hired by the
holder, calculated on a full-time or full-time equivalent basis, when
the holder is not contractually prohibited from disclosing the
information to the public. This paragraph applies only to those
employees of an independent contractor, company, or consultant that
are personally providing services to the holder, and does not apply
to employees of an independent contractor, company, or consultant not
personally performing services for the holder.
(d) The number of net new positions proposed to be created
directly by the holder of a state franchise during the upcoming year
by occupational classifications and by category of full-time,
part-time, temporary, and contract employees.
SEC. 65. Section 5960 of the Public Utilities Code is amended to
read:
5960. (a) For purposes of this section, "census tract" has the
same meaning as used by the United States Census Bureau, and
"household" has the same meaning as specified in Section 5890.
(b) Every holder, no later than April 1, 2008, and annually no
later than April 1 thereafter, shall report to the commission on a
census tract basis the following information:
(1) Broadband information:
(A) The number of households to which the holder makes broadband
available in this state. If the holder does not maintain this
information on a census tract basis in its normal course of business,
the holder may reasonably approximate the number of households based
on information it keeps in the normal course of business.
(B) The number of households that subscribe to broadband that the
holder makes available in this state.
(C) Whether the broadband provided by the holder utilizes
wireline-based facilities or another technology.
(2) Video information:
(A) If the holder is a telephone corporation:
(i) The number of households in the holder's telephone service
area.
(ii) The number of households in the holder's telephone service
area that are offered video service by the holder.
(B) If the holder is not a telephone corporation:
(i) The number of households in the holder's video service area.
(ii) The number of households in the holder's video service area
that are offered video service by the holder.
(3) Low-income household information:
(A) The number of low-income households in the holder's video
service area.
(B) The number of low-income households in the holder's video
service area that are offered video service by the holder.
(c) All information submitted to the commission pursuant to this
section shall be disclosed to the public only as provided for
pursuant to Section 583.
SEC. 66. Section 7661 of the Public Utilities Code is amended to
read:
7661. (a) The commission shall require every railroad corporation
operating in this state to develop, within 90 days of the effective
date of the act adding this section, in consultation with, and with
the approval of, the Office of Emergency Services, a protocol for
rapid communications with the Office of Emergency Services, the
Department of the California Highway Patrol, and designated county
public safety agencies in an endangered area if there is a runaway
train or any other uncontrolled train movement that threatens public
health and safety.
(b) A railroad corporation shall promptly notify the Office of
Emergency Services, the Department of the California Highway Patrol,
and designated county public safety agencies, through a communication
to the Warning Center of the Office of Emergency Services, if there
is a runaway train or any other uncontrolled train movement that
threatens public health and safety, in accordance with the railroad
corporation's communications protocol developed pursuant to
subdivision (a).
(c) The notification required pursuant to subdivision (b) shall
include the following information, whether or not an accident or
spill occurs:
(1) The information required by subdivision (c) of Section 7673.
(2) In the event of a runaway train, a train list.
(3) In the event of an uncontrolled train movement or uncontrolled
movement of railcars, a track list or other inventory document if
available.
(d) The division of the commission responsible for consumer
protection and safety shall investigate any incident that results in
a notification required pursuant to subdivision (b).
SEC. 67. Section 7711 of the Public Utilities Code is amended and
renumbered to read:
916.2. The commission shall annually report to the Legislature,
on or before July 1, on sites on railroad lines in the state it finds
to be hazardous. The report shall include, but not be limited to,
information on all of the following:
(a) A list of all railroad derailment accident sites in the state
on which accidents have occurred within at least the previous five
years. The list shall describe the nature and probable causes of the
accidents, if known, and shall indicate whether the accidents
occurred at or near sites that the commission has determined,
pursuant to subdivision (b), pose a local safety hazard.
(b) A list of all railroad sites in the state that the commission
determines, pursuant to Section 20106 of Title 49 of the United
States Code, pose a local safety hazard. The commission may submit in
the annual report the list of railroad sites submitted in the
immediate prior year annual report, and may amend or revise that list
from the immediate prior year as necessary. Factors that the
commission shall consider in determining a local safety hazard may
include, but need not be limited to, all of the following:
(1) The severity of grade and curve of track.
(2) The value of special skills of train operators in negotiating
the particular segment of railroad line.
(3) The value of special railroad equipment in negotiating the
particular segment of railroad line.
(4) The types of commodities transported on or near the particular
segment of railroad line.
(5) The hazard posed by the release of the commodity into the
environment.
(6) The value of special railroad equipment in the process of
safely loading, transporting, storing, or unloading potentially
hazardous commodities.
(7) The proximity of railroad activity to human activity or
sensitive environmental areas.
(8) A list of the root causes and significant contributing factors
of all train accidents or derailments investigated.
(c) In determining which railroad sites pose a local safety hazard
pursuant to subdivision (b), the commission shall consider the
history of accidents at or near the sites. The commission shall not
limit its determination to sites at which accidents have already
occurred, but shall identify potentially hazardous sites based on the
criteria enumerated in subdivision (b) and all other criteria that
the commission determines influence railroad safety. The commission
shall also consider whether any local safety hazards at railroad
sites have been eliminated or sufficiently remediated to warrant
removal of the site from the list required under subdivision (b).
(d) The commission may combine the information required to be
reported by this section with the report prepared pursuant to Section
916.
SEC. 68. Section 7712 of the Public Utilities Code is amended to
read:
7712. On or before January 1, 1993, the commission shall adopt
regulations, based on its findings and not inconsistent with federal
law. The commission may amend or revise the regulations as necessary
thereafter, to reduce the potential railroad hazards identified in
Section 916.2. In adopting the regulations, the commission shall
consider at least all of the following:
(a) Establishing special railroad equipment standards for trains
operated on railroad sites identified as posing a local safety hazard
pursuant to subdivision (b) of Section 916.2. These standards may
include, but need not be limited to, standards for all of the
following:
(1) Sizes, numbers, and configurations of locomotives.
(2) Brakes.
(b) Establishing special train operating standards for trains
operated over railroad sites identified as posing a local safety
hazard pursuant to subdivision (b) of Section 916.2. These standards
may include, but need not be limited to, standards for all of the
following:
(1) Length, weight, and weight distribution of trains.
(2) Speeds and accelerations of trains.
(3) Hours of allowable travel.
(c) Establishing special training, personnel, and performance
standards for operators of trains that travel on railroad sites
identified as posing a local safety hazard pursuant to subdivision
(b) of Section 916.2.
(d) Establishing special inspection and reporting standards for
trains operated on railroad sites identified as posing a local safety
hazard pursuant to subdivision (b) of Section 916.2.
SEC. 69. Section 7912 of the Public Utilities Code is amended to
read:
7912. A public utility employing more than 750 total employees
shall annually report to the commission all of the following:
(a) The number of customers served in California by the public
utility.
(b) The percentage of the public utility's total domestic customer
base that resides in California.
(c) The number of California residents employed by the public
utility, calculated on a full-time or full-time equivalent basis.
(d) The percentage of the public utility's total domestic
workforce, calculated on a full-time or full-time equivalent basis,
that resides in California.
(e) The capital investment in the public utility's tangible and
intangible plant which ordinarily have a service life of more than
one year, including plant used by the company or others in providing
public utility services, in California during the yearly reporting
period.
(f) The number of California residents employed by independent
contractors and consultants hired by the public utility, calculated
on a full-time or full-time equivalent basis, when the public utility
has obtained this information upon requesting it from the
independent contractor or consultant, and the public utility is not
contractually prohibited from disclosing the information to the
public. This subdivision is inapplicable to contractors
and consultants that are a public
utility subject to the reporting requirements of this section. This
paragraph applies only to those employees of an independent
contractor or consultant that are personally providing services to
the public utility, and does not apply to employees of an independent
contractor or consultant not personally performing services for the
public utility.
SEC. 70. Section 8283 of the Public Utilities Code is amended to
read:
8283. (a) The commission shall require each electrical, gas,
water, wireless telecommunications service provider, and telephone
corporation with gross annual revenues exceeding twenty-five million
dollars ($25,000,000) and their commission-regulated subsidiaries and
affiliates, to submit annually, a detailed and verifiable plan for
increasing procurement from women, minority, disabled veteran, and
LGBT business enterprises in all categories, including, but not
limited to, renewable energy, wireless telecommunications, broadband,
smart grid, and rail projects.
(b) These annual plans shall include short- and long-term goals
and timetables, but not quotas, and shall include methods for
encouraging both prime contractors and grantees to engage women,
minority, disabled veteran, and LGBT business enterprises in
subcontracts in all categories that provide subcontracting
opportunities, including, but not limited to, renewable energy,
wireless telecommunications, broadband, smart grid, and rail
projects.
(c) The commission shall establish guidelines for all electrical,
gas, water, wireless telecommunications service providers, and
telephone corporations with gross annual revenues exceeding
twenty-five million dollars ($25,000,000) and their
commission-regulated subsidiaries and affiliates, to be utilized in
establishing programs pursuant to this article.
(d) Every electrical, gas, water, wireless telecommunications
service provider, and telephone corporation with gross annual
revenues exceeding twenty-five million dollars ($25,000,000) shall
furnish an annual report to the commission regarding the
implementation of programs established pursuant to this article in a
form that the commission shall require, and at the time that the
commission shall annually designate. The report shall include the
information about LGBT business enterprises beginning with the 2016
report.
(e) (1) The Legislature declares that each electrical, gas, water,
mobile telephony service provider, and telephone corporation that is
not required to submit a plan pursuant to subdivision (a) is
encouraged to voluntarily adopt a plan for increasing women,
minority, disabled veteran, and LGBT business enterprise procurement
in all categories.
(2) The Legislature declares that each cable television
corporation and direct broadcast satellite provider is encouraged to
voluntarily adopt a plan for increasing women, minority, disabled
veteran, and LGBT business enterprise procurement and to voluntarily
report activity in this area to the Legislature on an annual basis.
SEC. 71. Section 8367 of the Public Utilities Code is amended and
renumbered to read:
913.2. By January 1, 2011, and by January 1 of each year
thereafter, the commission shall report to the Governor and the
Legislature on the commission's recommendations for a smart grid, the
plans and deployment of smart grid technologies by the state's
electrical corporations, and the costs and benefits to ratepayers.
SEC. 72. Section 3.5 of this bill incorporates amendments to
Section 281 of the Public Utilities Code proposed by this bill and
Assembly Bill 1262. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2016, (2)
each bill amends Section 281 of the Public Utilities Code, and (3)
this bill is enacted after Assembly Bill 1262, in which case Section
281 of the Public Utilities Code, as amended by Assembly Bill 1262,
shall remain operative only until the operative date of this bill, at
which time Section 3.5 of this bill shall become operative, and
Section 3 of this bill shall not become operative.
SEC. 73. Section 63.5 of this bill incorporates amendments to
Section 5387 of the Public Utilities Code proposed by both this bill
and Senate Bill 541. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2016, (2)
each bill amends Section 5387 of the Public Utilities Code, and (3)
this bill is enacted after Senate Bill 541, in which case Section 63
of this bill shall not become operative.
SEC. 74. Section 28 of this bill shall not become operative if (1)
Senate Bill 48 and this bill are both enacted and become effective
on or before January 1, 2016, and (2) Senate Bill 48 and this bill
both add Section 910 to the Public Utilities Code.
SEC. 75. Section 29 of this bill shall not become operative if (1)
Senate Bill 48 and this bill are both enacted and become effective
on or before January 1, 2016, and (2) Senate Bill 48 and this bill
both add Section 910.1 to the Public Utilities Code.