Amended in Senate May 31, 2016

Amended in Senate April 27, 2016

Amended in Senate April 12, 2016

Amended in Senate March 29, 2016

Senate BillNo. 1222


Introduced by Senator Hertzberg

February 18, 2016


An act to amend Section 830.11 of the Penal Code,begin insert to add Section 25229 to, andend insert to repeal Section 25403begin delete ofend deletebegin insert of,end insert the Public Resources Code, and to amend Sections 308.5, 309.7, 353.13, 353.15, 454.1, 740.5, 910.4, 913.2, 913.4, 913.5,begin delete 913.9,end delete 913.10, 914.3, 918.1, 956, 958.5, 2870, 2872.5, 2892.1, 3368, 5371.4, 5381.5, and 7661 of, to addbegin delete Sectionend deletebegin insert Sections 380.3 andend insert 913.14 to, to add and repeal Section 913.15 of, and to repeal Sections 318, 350, 747.5, 910.5, 910.6, 913.3, 913.6, 913.8,begin insert 913.9,end insert 913.11, 913.13, 918.2, 2714.5, 2827.3, 2845, and 2867.1 of, the Public Utilities Code, relating to the Public Utilities Commission.

LEGISLATIVE COUNSEL’S DIGEST

SB 1222, as amended, Hertzberg. Public Utilities Commission: reports.

The California Constitution establishes the Public Utilities Commission (PUC), with jurisdiction over all public utilities. The California Constitution grants the PUC certain general powers over all public utilities, subject to control by the Legislature, and authorizes the Legislature to confer additional authority and jurisdiction upon the PUC that is cognate and germane to the regulation of public utilities. Existing law requires the PUC to submit various reports to the Legislature, legislative committees, and the Governor, as specified.

This bill would change the date by which the PUC must submit specified reports, change the contents of specified reports, reassign to thebegin insert Stateend insert Energybegin insert Resources Conservation and Developmentend insert Commissionbegin insert (Energy Commission)end insert the PUC’s duty to prepare a specified report, and repeal the provisions requiring the PUC to submit specified reports. The bill would repeal a reporting requirement of electrical corporations and the PUC with respect to the 21st Century Energy System Decision, as defined. The bill would repeal a requirement that the PUC conduct a zero-based budget for all of its programs by January 10, 2015.

Existing law requires thebegin delete Stateend delete Energybegin delete Resources Conservation and Developmentend delete Commissionbegin delete (Energy Commission)end delete to submit to the PUC and to any local publicly owned electric utility recommendations designed to reduce wasteful, unnecessary, or uneconomic energy consumption resulting from specified practices, including differential rate structures, cost-of-service allocations, the disallowance of a business expense of advertising or promotional activities that encourage the use of electricity, peakload pricing, and other pricing measures. Existing law requires the PUC and local publicly owned electric utilities to review and consider the recommendations of the Energy Commission and, within 6 months after the date they receive them, to report to the Governor and the Legislature their actions and reasons therefor with respect to each recommendation.

This bill would repeal these requirements.

The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board (state board) as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. Existing law requires the state board to report to the Governor and the Legislature by December 31, 2011, on the reduction in emissions of greenhouse gases resulting from the increase of new electrical generation that utilizes excess waste heat through combined heat and power systems and recommend policies that further the goals of the Waste Heat and Carbon Emissions Reduction Act.

This bill would repeal this reporting requirement.

This bill would also make various technical changes, including, but not limited to, changes to the responsibilities of various divisions of the PUC.

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

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

P3    1

SECTION 1.  

This act shall be known, and may be cited, as the
2Public Utilities Commission Accountability Act of 2016.

3

SEC. 2.  

Section 830.11 of the Penal Code is amended to read:

4

830.11.  

(a) The following persons are not peace officers but
5may exercise the powers of arrest of a peace officer as specified
6in Section 836 and the power to serve warrants as specified in
7Sections 1523 and 1530 during the course and within the scope of
8their employment, if they receive a course in the exercise of those
9powers pursuant to Section 832. The authority and powers of the
10persons designated under this section shall extend to any place in
11the state:

12(1) Persons employed by the Department of Business Oversight
13designated by the Commissioner of Business Oversight, provided
14that the primary duty of these persons shall be the enforcement of,
15and investigations relating to, the provisions of law administered
16by the Commissioner of Business Oversight.

17(2) Persons employed by the Bureau of Real Estate designated
18by the Real Estate Commissioner, provided that the primary duty
19of these persons shall be the enforcement of the laws set forth in
20Part 1 (commencing with Section 10000) and Part 2 (commencing
21with Section 11000) of Division 4 of the Business and Professions
22Code. The Real Estate Commissioner may designate persons under
23this section, who at the time of their designation, are assigned to
24the Special Investigations Unit, internally known as the Crisis
25Response Team.

26(3) Persons employed by the State Lands Commission
27designated by the executive officer, provided that the primary duty
28of these persons shall be the enforcement of the law relating to the
29duties of the State Lands Commission.

30(4) Persons employed as investigators of the Investigations
31Bureau of the Department of Insurance, who are designated by the
32Chief of the Investigations Bureau, provided that the primary duty
33of these persons shall be the enforcement of the Insurance Code
34and other laws relating to persons and businesses, licensed and
35unlicensed by the Department of Insurance, who are engaged in
36the business of insurance.

37(5) Persons employed as investigators by the Public Utilities
38Commission, who are designated by the commission’s executive
P4    1 director and approved by the commission, and their supervisors
2up to the director level, provided that the primary duty of these
3persons shall be the enforcement of the law as that duty is set forth
4in Section 308.5 of the Public Utilities Code.

5(6) (A) Persons employed by the State Board of Equalization,
6Investigations Division, who are designated by the board’s
7executive director, provided that the primary duty of these persons
8shall be the enforcement of laws administered by the State Board
9of Equalization.

10(B) Persons designated pursuant to this paragraph are not entitled
11to peace officer retirement benefits.

12(7) Persons employed by the Department of Food and
13Agriculture and designated by the Secretary of Food and
14Agriculture as investigators, investigator supervisors, and
15investigator managers, provided that the primary duty of these
16persons shall be enforcement of, and investigations relating to, the
17Food and Agricultural Code or Division 5 (commencing with
18Section 12001) of the Business and Professions Code.

19(8) The Inspector General and those employees of the Office
20of the Inspector General as designated by the Inspector General,
21provided that the primary duty of those persons shall be the
22enforcement of the law relating to the duties of the Office of the
23Inspector General.

24(b) Notwithstanding any other provision of law, persons
25designated pursuant to this section may not carry firearms.

26(c) Persons designated pursuant to this section shall be included
27as “peace officers of the state” under paragraph (2) of subdivision
28(c) of Section 11105 for the purpose of receiving state summary
29criminal history information and shall be furnished that information
30on the same basis as peace officers of the state designated in
31paragraph (2) of subdivision (c) of Section 11105.

32begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 25229 is added to the end insertbegin insertPublic Resources Codeend insertbegin insert,
33to read:end insert

begin insert
34

begin insert25229.end insert  

The commission shall report annually on its efforts to
35identify electrical or gas corporation ratepayer-funded energy
36efficiency programs that are similar to programs that are
37administered by the Public Utilities Commission, the State Air
38Resources Board, the California Alternative Energy and Advanced
39Transportation Financing Authority, the California Infrastructure
40and Economic Development Bank, the Department of Community
P5    1Services and Development, or the commission. The commission
2shall make recommendations to the Public Utilities Commission
3to revise the ratepayer-funded energy efficiency programs, as
4necessary, to ensure that the programs complement and do not
5duplicate similar programs administered by a state agency
6described in this section.

end insert
7

begin deleteSEC. 3.end delete
8
begin insertSEC. 4.end insert  

Section 25403 of the Public Resources Code is
9repealed.

10

begin deleteSEC. 4.end delete
11
begin insertSEC. 5.end insert  

Section 308.5 of the Public Utilities Code is amended
12to read:

13

308.5.  

Persons employed as investigators by the commission,
14who are designated by the commission’s executive director and
15approved by the commission, and their supervisors up to the
16director level, have the authority of peace officers, as specified in
17paragraph (5) of subdivision (a) of Section 830.11 of the Penal
18Code, while engaged in exercising the powers granted to or
19performing the duties imposed upon them in investigating the laws,
20orders, or regulations administered by the commission or
21commencing directly or indirectly any criminal prosecution arising
22from any investigation conducted under these laws. All persons
23herein referred to shall be deemed to be acting within the scope
24of employment with respect to all acts and matters set forth in this
25section.

26

begin deleteSEC. 5.end delete
27
begin insertSEC. 6.end insert  

Section 309.7 of the Public Utilities Code is amended
28to read:

29

309.7.  

(a) The division of the commission responsible for
30railroad safety shall be responsible for inspection, surveillance,
31and investigation of the rights-of-way, facilities, equipment, and
32operations of railroads and public mass transit guideways, and for
33enforcing state and federal laws, regulations, orders, and directives
34relating to transportation of persons or commodities, or both, of
35any nature or description by rail. The division of the commission
36responsible for railroad safety shall advise the commission on all
37matters relating to rail safety, and shall propose to the commission
38rules, regulations, orders, and other measures necessary to reduce
39the dangers caused by unsafe conditions on the railroads of the
40state. The delegation of enforcement responsibility to the division
P6    1of the commission responsible for railroad safety shall not diminish
2the power of other agencies of state government to enforce laws
3relating to employee or environmental safety, pollution prevention,
4or public health and safety.

5(b) In performing its duties, the division of the commission
6responsible for railroad safety shall exercise all powers of
7investigation granted to the commission, including rights to enter
8upon land or facilities, inspect books and records, and compel
9testimony. The commission shall employ sufficient federally
10certified inspectors to ensure at the time of inspection that railroad
11locomotives and equipment and facilities located in class I railroad
12yards in California are inspected not less frequently than every
13180 days, and all main and branch line tracks are inspected not
14less frequently than every 12 months. In performing its duties, the
15division of the commission responsible for railroad safety shall
16consult with representatives of railroad corporations, labor
17organizations representing railroad employees, and the Federal
18Railroad Administration.

19(c) The general counsel shall assign to the division of the
20commission responsible for railroad safety the personnel and
21attorneys necessary to fully utilize the powers granted to the
22commission by any statebegin delete law,end deletebegin insert lawend insert and by any federal law relating
23to rail transportation, to enforce safety laws, rules, regulations,
24and orders, and to collect fines and penalties resulting from the
25violation of any safety rule or regulation.

26(d) The activities of the division of the commission responsible
27for railroad safety that relate to safe operation of common carriers
28by rail, other than those relating to grade crossing protection, shall
29also be supported by the fees paid by railroad corporations, if any,
30pursuant to Sections 421 to 424, inclusive. The activities of the
31division of the commission responsible for railroad safety that
32relate to grade crossing protection shall be supported by funds
33appropriated therefor from the State Highway Account in the State
34Transportation Fund.

35

begin deleteSEC. 6.end delete
36
begin insertSEC. 7.end insert  

Section 318 of the Public Utilities Code is repealed.

37

begin deleteSEC. 7.end delete
38
begin insertSEC. 8.end insert  

Section 350 of the Public Utilities Code is repealed.

P7    1

begin deleteSEC. 8.end delete
2
begin insertSEC. 9.end insert  

Section 353.13 of the Public Utilities Code is amended
3to read:

4

353.13.  

(a) The commission shall require each electrical
5corporation to establish new tariffs on or before January 1, 2003,
6for customers using distributed energy resources, including, but
7not limited to, those that do not meet all of the criteria described
8in Section 353.1. However, after January 1, 2003, distributed
9energy resources that meet all of the criteria described in Section
10353.1 shall continue to be subject only to those tariffs in existence
11pursuant to Section 353.3, until June 1, 2011, except that
12installations that do not operate in a combined heat and power
13application will be subject to those tariffs in existence pursuant to
14Section 353.3 only until June 1, 2006. Those tariffs required
15pursuant to this section shall ensure that all net distribution costs
16incurred to serve each customer class, taking into account the actual
17costs and benefits of distributed energy resources, proportional to
18each customer class, as determined by the commission, are fully
19recovered only from that class. The commission shall require each
20electrical corporation, in establishing those rates, to ensure that
21customers with similar load profiles within a customer class will,
22to the extent practicable, be subject to the same utility rates,
23regardless of their use of distributed energy resources to serve
24onsite loads or over-the-fence transactions allowed under Sections
25216 and 218. Customers with dedicated facilities shall remain
26responsible for their obligations regarding payment for those
27facilities.

28(b) In establishing the tariffs, the commission shall consider
29coincident peakload, and the reliability of the onsite generation,
30as determined by the frequency and duration of outages, so that
31customers with more reliable onsite generation and those that
32reduce peak demand pay a lower cost-based rate.

33

begin deleteSEC. 9.end delete
34
begin insertSEC. 10.end insert  

Section 353.15 of the Public Utilities Code is amended
35to read:

36

353.15.  

(a) In order to evaluate the efficiency, emissions, and
37reliability of distributed energy resources with a capacity greater
38than 10 kilowatts, customers that install those resources pursuant
39to this article shall report to the commission, on an annual basis,
40all of the following information, as recorded on a monthly basis:

P8    1(1) Heat rate for the resource.

2(2) Total kilowatthours produced in the peak and off-peak
3periods, as determined by the ISO.

4(3) Emissions data for the resource, as required by the State Air
5Resources Board or the appropriate air quality management district
6or air pollution control district.

7(b) The commission shall release the information submitted
8pursuant to subdivision (a) in a manner that does not identify the
9individual user of the distributed energy resource.

10begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 380.3 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert,
11to read:end insert

begin insert
12

begin insert380.3.end insert  

The commission shall consider the Energy Commission’s
13recommendations made pursuant to Section 25229 of the Public
14Resources Code in determining whether to revise its
15ratepayer-funded energy efficiency programs.

end insert
16

begin deleteSEC. 10.end delete
17
begin insertSEC. 12.end insert  

Section 454.1 of the Public Utilities Code is amended
18to read:

19

454.1.  

(a) Except as provided in subdivision (b), if a customer
20with a maximum peak electrical demand in excess of 20 kilowatts
21located or planning to locate within the service territory of an
22electrical corporation receives a bona fide offer for electric service
23from an irrigation district at rates less than the electrical
24corporation’s tariffed rates, the electrical corporation may discount
25its noncommodity rates, but may not discount its noncommodity
26rates below its distribution marginal cost of serving that customer.
27For purposes of this subdivision, the costs of the electric
28commodity shall be excluded from both the irrigation district and
29electric corporation’s rates. The electrical corporation may recover
30any difference between its tariffed and discounted service from its
31remaining customers, allocated as determined by the commission.
32However, the reallocation may not increase rates to its remaining
33customers by any greater amount than the rates would be increased
34if the customer had taken electric distribution service from the
35irrigation district and the irrigation district had paid the charge
36established in subdivision (e) of Section 9607. Further, there shall
37be a firewall preventing the reallocation of such differences
38resulting from discounting to residential customers or to
39commercial customers with maximum peak demands not in excess
40of 20 kilowatts.

P9    1(b) Subdivision (a) does not apply to a cumulative 75 megawatts
2of load served by the Merced Irrigation District, determined as
3follows:

4(1) The load is located within the boundaries of Merced
5Irrigation District, as those boundaries existed on December 20,
61995, together with the territory of Castle Air Force Base which
7was located outside the district on that date.

8(2) For purposes of this section, a megawatt of load shall be
9calculated in accordance with the methodology established by the
10Energy Commission in its Docket No. 96-IRR-1890.

11(c) Subdivision (a) applies to the load of customers that move
12to the areas described in paragraph (1) of subdivision (b) after
13December 31, 2000, and such load shall be excluded from the
14calculation of the 75 megawatts in subdivision (b).

15(d) If an electrical corporation seeks to apply the discounts
16permitted under subdivision (a) within the geographic area
17described in subdivision (b) of Section 9610, the electrical
18corporation’s resulting rate for distribution service may not be less
19than 120 percent of the electrical corporation’s marginal
20distribution cost of serving that customer.

21

begin deleteSEC. 11.end delete
22
begin insertSEC. 13.end insert  

Section 740.5 of the Public Utilities Code is amended
23to read:

24

740.5.  

(a) For purposes of this section, “21st Century Energy
25System Decision” means commission Decision 12-12-031
26(December 20, 2012), Decision Granting Authority to Enter Into
27a Research and Development Agreement with Lawrence Livermore
28National Laboratory for 21st Century Energy Systems and for
29costs up tobegin delete $152.19 million,end deletebegin insert one hundred fifty-two million one
30hundred ninety thousand dollars ($152,190,000)end insert
or any subsequent
31decision in Application 11-07-008 (July 18, 2011), Application of
32Pacific Gas and Electric Company (U39M), San Diego Gas and
33Electric Company (U902E), and Southern California Edison
34Company (U338E) for Authority to Increase Electric Rates and
35Charges to Recover Costs of Research and Development
36Agreement with Lawrence Livermore National Laboratory for
3721st Century Energy Systems.

38(b) In implementing the 21st Century Energy System Decision,
39the commission shall not authorize recovery from ratepayers of
40any expense for research and development projects that are not
P10   1for purposes of cyber security and grid integration. Total funding
2for research and development projects for purposes of cyber
3security and grid integration pursuant to the 21st Century Energy
4System Decision shall not exceed thirty-five million dollars
5($35,000,000). All cyber security and grid integration research
6and development projects shall be concluded by the fifth
7anniversary of their start date.

8(c) The commission shall not approve for recovery from
9ratepayers those program management expenditures proposed,
10commencing with page seven, in the joint advice letter filed by
11the state’s three largest electrical corporations, Advice
123379-G/4215-E (Pacific Gas and Electric Company), Advice
132887-E (Southern California Edison Company), and Advice 2473-E
14(San Diego Gas and Electric Company), dated April 19, 2013.
15Project managers for the 21st Century Energy System Decision
16shall be limited to three representatives, one representative each
17from Pacific Gas and Electric Company, Southern California
18Edison Company, and San Diego Gas and Electric Company.

19(d) The commission shall require the Lawrence Livermore
20National Laboratory, as a condition for entering into any contract
21pursuant to the 21st Century Energy System Decision, and Pacific
22Gas and Electric Company, Southern California Edison Company,
23and San Diego Gas and Electric Company to ensure that research
24parameters reflect a new contribution to cyber security and that
25there not be a duplication of research being done by other private
26and governmental entities.

27

begin deleteSEC. 12.end delete
28
begin insertSEC. 14.end insert  

Section 747.5 of the Public Utilities Code is repealed.

29

begin deleteSEC. 13.end delete
30
begin insertSEC. 15.end insert  

Section 910.4 of the Public Utilities Code is amended
31to read:

32

910.4.  

By February 1 of each year, the commission shall report
33to the Joint Legislative Budget Committee and appropriate fiscal
34and policy committees of the Legislature, on all sources and
35amounts of funding and actual and proposed expenditures, both
36in the two prior fiscal years and for the proposed fiscal year,
37including any costs to ratepayers, related to both of the following:

38(a) Entities or programs established by the commission by order,
39decision, motion, settlement, or other action, including, but not
40limited to, the California Clean Energy Fund, the California
P11   1Emerging Technology Fund, and the Pacific Forest and Watershed
2Lands Stewardship Council. The report shall contain descriptions
3of relevant issues, including, but not limited to, all of the following:

4(1) Any governance structure established for an entity or
5program.

6(2) Any staff or employees hired by or for the entity or program
7and their salaries and expenses.

8(3) Any staff or employees transferred or loaned internally or
9interdepartmentally for the entity or program and their salaries and
10expenses.

11(4) Any contracts entered into by the entity or program, the
12funding sources for those contracts, and the legislative authority
13under which the commission entered into the contract.

14(5) The public process and oversight governing the entity or
15 program’s activities.

16(b) Entities or programs established by the commission, other
17than those expressly authorized by statute, under the following
18sections:

19(1) Section 379.6.

20(2) Section 399.8.

21(3) Section 739.1.

22(4) Section 2790.

23(5) Section 2851.

24

begin deleteSEC. 14.end delete
25
begin insertSEC. 16.end insert  

Section 910.5 of the Public Utilities Code is repealed.

26

begin deleteSEC. 15.end delete
27
begin insertSEC. 17.end insert  

Section 910.6 of the Public Utilities Code is repealed.

28

begin deleteSEC. 16.end delete
29
begin insertSEC. 18.end insert  

Section 913.2 of the Public Utilities Code is amended
30to read:

31

913.2.  

By February 1 of each year, the commission shall report
32to the Governor and the Legislature on the commission’s
33recommendations for a smart grid, the plans and deployment of
34smart grid technologies by the state’s electrical corporations, and
35the costs and benefits to ratepayers.

36

begin deleteSEC. 17.end delete
37
begin insertSEC. 19.end insert  

Section 913.3 of the Public Utilities Code is repealed.

38

begin deleteSEC. 18.end delete
39
begin insertSEC. 20.end insert  

Section 913.4 of the Public Utilities Code is amended
40to read:

P12   1

913.4.  

(a) Notwithstanding subdivision (g) of Section 454.5
2and Section 583, no later than May 1 of each year, the commission
3shall release to the Legislature for the preceding calendar year the
4costs of all electricity procurement contracts for eligible renewable
5energy resources, including unbundled renewable energy credits,
6and all costs for utility-owned generation approved by the
7commission.

8(1) For power purchase contracts, the commission shall release
9costs in an aggregated form categorized according to the year the
10procurement transaction was approved by the commission, the
11eligible renewable energy resource type, including bundled
12renewable energy credits, the average executed contract price, and
13average actual recorded costs for each kilowatthour of production.
14Within each renewable energy resource type, the commission shall
15provide aggregated costs for different project size thresholds.

16(2) For each utility-owned renewable generation project, the
17commission shall release the costs forecast by the electrical
18corporation at the time of initial approval and the actual recorded
19costs for each kilowatthour of production during the preceding
20calendar year.

21(b) The commission shall report all electrical corporation
22revenue requirement increases associated with meeting the
23renewables portfolio standard, as defined in Section 399.12,
24including direct procurement costs for eligible renewable energy
25resources and renewable energy credits.

26(c) The commission shall report all cost savings experienced,
27or costs avoided, by electrical corporations as a result of meeting
28the renewables portfolio standard.

29(d) This section does not require the release of the terms of any
30individual electricity procurement contracts for eligible renewable
31energy resources, including unbundled renewable energy credits,
32approved by the commission. The commission shall aggregate
33data to the extent required to ensure protection of the confidentiality
34of individual contract costs even if this aggregation requires
35grouping contracts of different energy resource type. The
36commission shall not be required to release the data in any year
37when there are fewer than three contracts approved.

38

begin deleteSEC. 19.end delete
39
begin insertSEC. 21.end insert  

Section 913.5 of the Public Utilities Code is amended
40to read:

P13   1

913.5.  

In order to evaluate the progress of the state’s electrical
2corporations in complying with the California Renewables Portfolio
3Standard Program (Article 16 (commencing with Section 399.11)
4of Chapter 2.3), the commission shall report to the Legislature no
5later than November 1 of each year on all of the following:

6(a) The progress and status of procurement activities by each
7retail seller pursuant to the California Renewables Portfolio
8Standard Program.

9(b) For each electrical corporation, an implementation schedule
10to achieve the renewables portfolio standard procurement
11requirements, including all substantive actions that have been taken
12or will be taken to achieve the program procurement requirements.

13(c) The projected ability of each electrical corporation to meet
14the renewables portfolio standard procurement requirements under
15the cost limitations in subdivisions (c) and (d) of Section 399.15
16and any recommendations for revisions of those cost limitations.

17(d) Any renewable energy procurement plan approved by the
18commission pursuant to Section 399.13, schedule, and status report
19for all substantive procurement, transmission development, and
20other activities that the commission has approved to be undertaken
21by an electrical corporation to achieve the procurement
22requirements of the renewables portfolio standard.

23(e) Any barriers to, and policy recommendations for, achieving
24the renewables portfolio standard pursuant to the California
25Renewables Portfolio Standard Program.

26(f) The efforts each electrical corporation is taking to recruit
27and train employees to ensure an adequately trained and available
28workforce, including the number of new employees hired by the
29electrical corporation for purposes of implementing the
30requirements of Article 16 (commencing with Section 399.11) of
31Chapter 2.3, the goals adopted by the electrical corporation for
32increasing women, minority, and disabled veterans trained or hired
33for purposes of implementing the requirements of Article 16
34(commencing with Section 399.11) of Chapter 2.3, and, to the
35extent information is available, the number of new employees
36hired and the number of women, minority, and disabled veterans
37trained or hired by persons or corporations owning or operating
38eligible renewable energy resources under contract with an
39electrical corporation. This subdivision does not provide the
P14   1commission with authority to engage in, regulate, or expand its
2authority to include, workforce recruitment or training.

3

begin deleteSEC. 20.end delete
4
begin insertSEC. 22.end insert  

Section 913.6 of the Public Utilities Code is repealed.

5

begin deleteSEC. 21.end delete
6
begin insertSEC. 23.end insert  

Section 913.8 of the Public Utilities Code is repealed.

begin delete
7

SEC. 22.  

Section 913.9 of the Public Utilities Code is amended
8to read:

9

913.9.  

(a) The Energy Commission shall report annually on
10the state’s efforts to fund energy efficiency programs, including
11identifying programs similar to one another that are administered
12by the Public Utilities Commission, the State Air Resources Board,
13the California Alternative Energy and Advanced Transportation
14Financing Authority, and other agencies. The Energy Commission
15shall make recommendations to revise programs, as necessary, to
16ensure that the programs complement one another and do not
17duplicate efforts.

18(b) The Public Utilities Commission shall consider the Energy
19Commission’s recommendations made pursuant to subdivision (a)
20in determining whether to revise its ratepayer-funded energy
21efficiency programs.

end delete
22begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 913.9 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is repealed.end insert

begin delete
23

913.9.  

The commission shall report annually on its efforts to
24identify ratepayer-funded energy efficiency programs that are
25similar to programs administered by the Energy Commission, the
26State Air Resources Board, and the California Alternative Energy
27and Advanced Transportation Financing Authority in its annual
28report prepared pursuant to Section 913 and to require revisions
29to ratepayer-funded programs as necessary to ensure that the
30ratepayer-funded programs complement and do not duplicate
31programs of other state agencies.

end delete
32

begin deleteSEC. 23.end delete
33
begin insertSEC. 25.end insert  

Section 913.10 of the Public Utilities Code is amended
34to read:

35

913.10.  

(a) On or before February 1, 2010, and biennially
36thereafter, the commission, in consultation with the Independent
37System Operator and the Energy Commission, shall study and
38submit a report to the Legislature and the Governor on the impacts
39of distributed energy generation on the state’s distribution and
40transmission grid. The study shall evaluate all of the following:

P15   1(1) Reliability and transmission issues related to connecting
2distributed energy generation to the local distribution networks
3and regional grid.

4(2) Issues related to grid reliability and operation, including
5interconnection, and the position of federal and state regulators
6toward distributed energy accessibility.

7(3) The effect on overall grid operation of various distributed
8energy generation sources.

9(4) Barriers affecting the connection of distributed energy to
10the state’s grid.

11(5) Emerging technologies related to distributed energy
12generation interconnection.

13(6) Interconnection issues that may arise for the Independent
14System Operator and local distribution companies.

15(7) The effect on peak demand for electricity.

16(b) In addition, the commission shall specifically assess the
17impacts of the California Solar Initiative program, specified in
18Section 2851 and Section 25783 of the Public Resources Code,
19the self-generation incentive program authorized by Section 379.6,
20and the net energy metering program specified in Sections 2827
21and 2827.1.

22

begin deleteSEC. 24.end delete
23
begin insertSEC. 26.end insert  

Section 913.11 of the Public Utilities Code is repealed.

24

begin deleteSEC. 25.end delete
25
begin insertSEC. 27.end insert  

Section 913.13 of the Public Utilities Code is repealed.

26

begin deleteSEC. 26.end delete
27
begin insertSEC. 28.end insert  

Section 913.14 is added to the Public Utilities Code,
28to read:

29

913.14.  

On or before July 30, 2020, and by July 30 of every
30third year thereafter through 2029, the commission shall submit
31to the Legislature an assessment of the Multifamily Affordable
32Housing Solar Roofs Program. That assessment shall include the
33number of qualified multifamily affordable housing property sites
34that have a qualifying solar energy system for which an award was
35made pursuant to Chapter 9.5 (commencing with Section 2870)
36of Part 2 and the dollar value of the award, the electrical generating
37capacity of the qualifying renewable energy system, the bill
38reduction outcomes of the program for the participants, the cost
39of the program, the total electrical system benefits, the
40environmental benefits, the progress made toward reaching the
P16   1goals of the program, the program’s impact on the CARE program
2budget, and the recommendations for improving the program to
3meet its goals. The report shall include an analysis of pending
4program commitments, reservations, obligations, and projected
5demands for the program to determine whether future ongoing
6funding allocations for the program are substantiated. The report
7shall also include a summary of the other programs intended to
8benefit disadvantaged communities, including, but not limited to,
9the Single-Family Affordable Solar Homes Program, the
10Multifamily Affordable Solar Housing Program, and the Green
11Tariff Shared Renewables Program (Chapter 7.6 (commencing
12with Section 2831) of Part 2).

13

begin deleteSEC. 27.end delete
14
begin insertSEC. 29.end insert  

Section 913.15 is added to the Public Utilities Code,
15to read:

16

913.15.  

(a) The commission shall require each participating
17electrical corporation to prepare and submit to the commission,
18by 60 days following the conclusion of all research and
19development projects, a joint report summarizing the outcome of
20all funded projects, including an accounting of expenditures by
21the project managers and grant recipients on administrative and
22overhead costs and whether the project resulted in any
23technological advancements or breakthroughs in promoting cyber
24security and grid integration. The commission shall, within 30
25days of receiving the joint report, determine whether the report is
26sufficient or requires revision and, upon determining that the report
27is sufficient, submit the report to the Legislature in compliance
28with Section 9795 of the Government Code.

29(b) This section shall remain in effect only until January 1, 2023,
30and as of that date is repealed, unless a later enacted statute, that
31is enacted before January 1, 2023, deletes or extends that date.

32

begin deleteSEC. 28.end delete
33
begin insertSEC. 30.end insert  

Section 914.3 of the Public Utilities Code is amended
34to read:

35

914.3.  

By December 31 of each year, the commission shall
36submit to the Governor and the Legislature a report that includes,
37based on yearend data, on an aggregated basis, the information
38submitted by holders pursuant to subdivision (b) of Section 5960.
39All information reported by the commission pursuant to this section
40shall be disclosed to the public only as provided for pursuant to
P17   1Section 583. No individually identifiable customer or subscriber
2information shall be subject to public disclosure.

3

begin deleteSEC. 29.end delete
4
begin insertSEC. 31.end insert  

Section 918.1 of the Public Utilities Code is amended
5to read:

6

918.1.  

(a) The commission shall hire an independent entity
7for not more than two hundred fifty thousand dollars ($250,000)
8to, in consultation with carrier trade associations for industries
9under the jurisdiction of the commission, assess the capabilities
10of the commission’s Transportation Enforcement Branch to carry
11out the activities specified in subdivision (b) of Section 5102 and
12 subdivision (b) of Section 5352. The commission shall report to
13the Legislature no later than February 1, 2017, on licensing matters
14and no later than July 1, 2017, on enforcement matters. The report
15shall contain an analysis of current capabilities and deficiencies,
16and recommendations to overcome any deficiencies identified.

17(b) The report shall be submitted in compliance with Section
189795 of the Government Code.

19(c) Pursuant to Section 10231.5 of the Government Code, this
20section shall remain in effect only until January 1, 2021, and as of
21that date is repealed, unless a later enacted statute, that is enacted
22before January 1, 2021, deletes or extends that date.

23

begin deleteSEC. 30.end delete
24
begin insertSEC. 32.end insert  

Section 918.2 of the Public Utilities Code is repealed.

25

begin deleteSEC. 31.end delete
26
begin insertSEC. 33.end insert  

Section 956 of the Public Utilities Code is amended
27to read:

28

956.  

(a)  On or before July 1, 2012, the commission shall open
29an appropriate proceeding or expand the scope of an existing
30proceeding to establish compatible emergency response standards
31that owners or operators of commission-regulated gas pipeline
32facilities shall be required to follow for intrastate transmission and
33distribution lines. The commission shall establish the standards to
34ensure that intrastate transmission and distribution lines have
35emergency response plans that adequately prepare them for a
36natural disaster or malfunction that could cause injury to human
37life or property, with the purpose of minimizing the occurrence of
38both.

39(b) The commission shall establish the compatible emergency
40response standards in consultation with the California Emergency
P18   1 Management Agency, the State Fire Marshal, and members of
2California’s first responder community including, but not limited
3to, members of the California Fire Chiefs Association.

4(c) The compatible emergency response standards shall require
5owners or operators of intrastate transmission and distribution lines
6to implement emergency response plans that are compatible with
7the United States Department ofbegin delete Transportationend deletebegin insert Transportation,end insert
8 Pipeline and Hazardous Materials Safety Administration’s
9regulations concerning emergency plans contained in Section
10192.615 of Title 49 of the Code of Federal Regulations, and those
11plans shall include, but not be limited to, all of the following
12requirements:

13(1) Emergency shutdown and pressure reduction shall be utilized
14whenever deemed necessary and appropriate by the owners or
15operators to minimize hazards to life or property. An owner or
16operator shall notify appropriate first responders of emergency
17shutdown and pressure reduction.

18(2) During an emergency response effort, the incident
19commander may direct coordination between first responders and
20owners or operators to ensure timely and ongoing communication
21on decisions for emergency shutdown and pressure reduction.

22(3) Owners or operators of intrastate transmission and
23distribution lines shall establish and maintain liaison with
24appropriate fire, police, and other public officials to do all of the
25following:

26(A) Learn the responsibility and resources of each government
27organization that may respond to a gas pipeline emergency,
28including, but not limited to, the role of the incident commander
29in an emergency.

30(B) Acquaint the officials with the owner’s or operator’s ability
31in responding to a gas pipeline emergency.

32(C) Identify the types of gas pipeline emergencies of which the
33owner or operator notifies the officials.

34(D) Plan how the owner or operator and officials can engage in
35mutual assistance to minimize hazards to life or property.

36(E) Identify and update information on individual personnel
37responsible for the liaison with the appropriate first responder
38organizations.

39(4) Owners and operators of intrastate transmission lines shall
40provide the State Fire Marshal and the chief fire official of the
P19   1applicable city, county, city and county, or fire protection district
2with instructions on how to access and utilize the National Pipeline
3Mapping System developed by the United States Department of
4 Transportation, Pipeline and Hazardous Materials Safety
5Administration, utilizing data submitted pursuant to Section 60132
6of Title 49 of the United States Code, to improve local response
7capabilities for pipeline emergencies.

8

begin deleteSEC. 32.end delete
9
begin insertSEC. 34.end insert  

Section 958.5 of the Public Utilities Code is amended
10to read:

11

958.5.  

(a) Twice a year, or as determined by the commission,
12each gas corporation shall file with the division of the commission
13responsible for utility safety a gas transmission and storage safety
14report. The division of the commission responsible for utility safety
15shall review the reports to monitor each gas corporation’s storage
16and pipeline-related activities to assess whether the projects that
17have been identified as high risk are being carried out, and to track
18whether the gas corporation is spending its allocated funds on these
19storage and pipeline-related safety, reliability, and integrity
20activities for which they have received approval from the
21commission.

22(b) The gas transmission and storage safety report shall include
23a thorough description and explanation of the strategic planning
24and decisionmaking approach used to determine and rank the gas
25storage projects, intrastate transmission line safety, integrity, and
26reliability, operation and maintenance activities, and inspections
27of its intrastate transmission lines. If there has been no change in
28the gas corporation’s approach for determining and ranking which
29projects and activities are prioritized since the previous gas
30transmission and storage safety report, the subsequent report may
31reference the immediately preceding report.

32(c) If the division of the commission responsible for utility safety
33determines that there is a deficiency in a gas corporation’s
34prioritization or administration of the storage or pipeline capital
35projects or operation and maintenance activities, the division shall
36bring the problems to the commission’s immediate attention.

37

begin deleteSEC. 33.end delete
38
begin insertSEC. 35.end insert  

Section 2714.5 of the Public Utilities Code is repealed.

39

begin deleteSEC. 34.end delete
40
begin insertSEC. 36.end insert  

Section 2827.3 of the Public Utilities Code is repealed.

P20   1

begin deleteSEC. 35.end delete
2
begin insertSEC. 37.end insert  

Section 2845 of the Public Utilities Code is repealed.

3

begin deleteSEC. 36.end delete
4
begin insertSEC. 38.end insert  

Section 2867.1 of the Public Utilities Code is repealed.

5

begin deleteSEC. 37.end delete
6
begin insertSEC. 39.end insert  

Section 2870 of the Public Utilities Code is amended
7to read:

8

2870.  

(a) As used in this section, the following terms have the
9following meanings:

10(1) “CARE program” means the California Alternate Rates for
11Energy program established pursuant to Section 739.1.

12(2) “Program” means the Multifamily Affordable Housing Solar
13Roofs Program established pursuant to this chapter.

14(3) “Qualified multifamily affordable housing property” means
15a multifamily residential building of at least five rental housing
16units that is operated to provide deed-restricted low-income
17residential housing, as defined in clause (i) of subparagraph (A)
18of paragraph (3) of subdivision (a) of Section 2852, and that meets
19one or more of the following requirements:

20(A) The property is located in a disadvantaged community, as
21identified by the California Environmental Protection Agency
22pursuant to Section 39711 of the Health and Safety Code.

23(B) At least 80 percent of the households have incomes at or
24below 60 percent of the area median income, as defined in
25subdivision (f) of Section 50052.5 of the Health and Safety Code.

26(4) “Solar energy system” means a solar energy photovoltaic
27device that meets or exceeds the eligibility criteria established
28pursuant to Section 25782 of the Public Resources Code.

29(b) (1) Adoption and implementation of the Multifamily
30Affordable Housing Solar Roofs Program may count toward the
31satisfaction of the commission’s obligation to ensure that specific
32alternatives designed for growth among residential customers in
33disadvantaged communities are offered as part of the standard
34contract or tariff authorized pursuant to paragraph (1) of
35subdivision (b) of Section 2827.1.

36(2) Nothing in this section shall preclude electrical corporations
37from offering and administering a distributed energy resource
38program, including solar energy systems, in disadvantaged
39communities offered under current or proposed programs using
40funds provided under subdivision (c) of Section 748.5 or programs
P21   1proposed to comply with paragraph (1) of subdivision (b) as
2approved by the commission.

3(c) The commission shall annually authorize the allocation of
4one hundred million dollars ($100,000,000) or 10 percent of
5available funds, whichever is less, from the revenues described in
6subdivision (c) of Section 748.5 for the Multifamily Affordable
7Housing Solar Roofs Program, beginning with the fiscal year
8commencing July 1, 2016, and ending with the fiscal year ending
9June 30, 2020. The commission shall continue authorizing the
10allocation of these funds through June 30, 2026, if the commission
11determines that revenues are available after 2020 and that there is
12adequate interest and participation in the program.

13(d) The commission shall consider the most appropriate program
14administration structure, including administration by a qualified
15third-party administrator, selected by the commission through a
16competitive bidding process, or administration by an electrical
17corporation, in an existing or future proceeding.

18(e) Not more than 10 percent of the funds allocated to the
19program shall be used for administration.

20(f) (1) By June 30, 2017, the commission shall authorize the
21award of monetary incentives for qualifying solar energy systems
22that are installed on qualified multifamily affordable housing
23properties through December 31, 2030. The target of the program
24is to install a combined generating capacity of at least 300
25megawatts on qualified properties.

26(2) The commission shall require that the electricity generated
27by qualifying renewable energy systems installed pursuant to the
28program be primarily used to offset electricity usage by low-income
29tenants. These requirements may include required covenants and
30restrictions in deeds.

31(3) The commission shall require that qualifying solar energy
32systems owned by third-party owners are subject to contractual
33restrictions to ensure that no additional costs for the system be
34passed on to low-income tenants at the properties receiving
35incentives pursuant to the program. The commission shall require
36third-party owners of solar energy systems to provide ongoing
37operations and maintenance of the system, monitor energy
38production, and, where necessary, take appropriate action to ensure
39that the kWh production levels projected for the system are
40achieved throughout the period of the third-party agreement. Such
P22   1actions may include, but are not limited to, providing a performance
2guarantee of annual production levels or taking corrective actions
3to resolve underproduction problems.

4(4) The commission shall ensure that incentive levels for
5photovoltaic installations receiving incentives through the program
6are aligned with the installation costs for solar energy systems in
7affordable housing markets and take account of federal investment
8tax credits and contributions from other sources to the extent
9feasible.

10(5) The commission shall require that no individual installation
11receive incentives at a rate greater than 100 percent of the total
12system installation costs.

13(6) The commission shall establish local hiring requirements
14for the program to provide economic development benefits to
15disadvantaged communities.

16(7) The commission shall establish energy efficiency
17requirements that are equal to the energy efficiency requirements
18established for the program described in Section 2852, including
19participation in a federal, state, or utility-funded energy efficiency
20program or documentation of a recent energy efficiency retrofit.

21(g) (1) Low-income tenants who participate in the program
22shall receive credits on utility bills from the program. The
23commission shall ensure that utility bill reductions are achieved
24through tariffs that allow for the allocation of credits, such as
25virtual net metering tariffs designed for Multifamily Affordable
26Solar Housing Program participants, or other tariffs that may be
27adopted by the commission pursuant to Section 2827.1.

28(2) The commission shall ensure that electrical corporation tariff
29structures affecting the low-income tenants participating in the
30program continue to provide a direct economic benefit from the
31qualifying solar energy system.

32(h) Nothing in this chapter is intended to supplant CARE
33program rates as the primary mechanism for achieving the goals
34of the CARE program.

35(i) The commission shall determine the eligibility of qualified
36multifamily affordable housing property tenants that are customers
37of community choice aggregators.

38(j) (1) Every three years, the commission shall evaluate the
39program’s expenditures, commitments, uncommitted balances,
40future demands, performance, and outcomes and shall make any
P23   1necessary adjustments to the program to ensure the goals of the
2program are being met. If, upon review, the commission finds
3there is insufficient participation in the program, the commission
4may credit uncommitted funds back to ratepayers pursuant to
5Section 748.5.

6(2) As part of the annual workplan required pursuant to Section
7910, the commission shall provide an annual update of the
8Multifamily Affordable Housing Solar Roofs Program that shall
9include, but not be limited to, the number of projects approved,
10number of projects completed, number of pending projects awaiting
11approval, and geographic distribution of the projects.

12

begin deleteSEC. 38.end delete
13
begin insertSEC. 40.end insert  

Section 2872.5 of the Public Utilities Code is amended
14to read:

15

2872.5.  

The commission, in consultation with the Office of
16Emergency Services, shall open an investigative proceeding to
17determine whether standardized notification systems and protocol
18should be utilized by entities that are authorized to use automatic
19dialing-announcing devices pursuant to subdivision (e) of Section
202872, to facilitate notification of affected members of the public
21of local emergencies. The commission shall not establish standards
22for notification systems or standard notification protocol unless it
23determines that the benefits of the standards exceed the costs.

24

begin deleteSEC. 39.end delete
25
begin insertSEC. 41.end insert  

Section 2892.1 of the Public Utilities Code is amended
26to read:

27

2892.1.  

(a) For purposes of this section, “telecommunications
28service” means voice communication provided by a telephone
29corporation as defined in Section 234, voice communication
30provided by a provider of satellite telephone services, voice
31communication provided by a provider of mobile telephony service,
32as defined in Section 2890.2, and voice communication provided
33by a commercially available facilities-based provider of voice
34communication services utilizingbegin delete voiceend deletebegin insert Voiceend insert over Internet Protocol
35or any successor protocol.

36(b) The commission, in consultation with the Office of
37Emergency Services, shall open an investigative or other
38appropriate proceeding to identify the need for telecommunications
39service systems not on the customer’s premises to have backup
40electricity to enable telecommunications networks to function and
P24   1to enable the customer to contact a public safety answering point
2operator during an electrical outage, to determine performance
3criteria for backup systems, and to determine whether the best
4practices recommended by the Network Reliability and
5Interoperability Council in December 2005, for backup systems
6have been implemented by telecommunications service providers
7operating in California. If the commission determines it is in the
8public interest, the commission shall, consistent with subdivisions
9(c) and (d), develop and implement performance reliability
10standards.

11(c) The commission, in developing any standards pursuant to
12the proceeding required by subdivision (b), shall consider current
13best practices and technical feasibility for establishing battery
14backup requirements.

15(d) The commission shall not implement standards pursuant to
16the proceeding required by subdivision (b) unless it determines
17that the benefits of the standards exceed the costs.

18(e) The commission shall determine the feasibility of the use of
19zero greenhouse gas emission fuel cell systems to replace diesel
20backup power systems.

21

begin deleteSEC. 40.end delete
22
begin insertSEC. 42.end insert  

Section 3368 of the Public Utilities Code is amended
23to read:

24

3368.  

(a) The authority may provide financing for natural gas
25transportation or storage projects recommended to it by the
26commission. In recommending a project to the authority, the
27commission shall ensure that the project is in the public interest.

28(b) Nothing in this section prevents the commission from acting
29on its own authority to direct gas corporations within its jurisdiction
30to construct, or facilitate the construction or operation, by the
31owners or operators of pipelines not within the jurisdiction of the
32commission, of, natural gas transportation and storage facilities
33as the commission determines to be needed to provide adequate,
34seasonally reliable amounts of competitively priced natural gas to
35residential, commercial, and industrial customers, including, but
36not limited to, electric generating plants.

37

begin deleteSEC. 41.end delete
38
begin insertSEC. 43.end insert  

Section 5371.4 of the Public Utilities Code is amended
39to read:

P25   1

5371.4.  

(a) The governing body of any city, county, or city
2and county may not impose a fee on charter-party carriers operating
3limousines. However, the governing body of any city, county, or
4city and county may impose a business license fee on, and may
5adopt and enforce any reasonable rules and regulations pertaining
6to operations within its boundaries for, any charter-party carrier
7domiciled or maintaining a business office within that city, county,
8or city and county.

9(b) The governing body of any airport may not impose vehicle
10safety, vehicle licensing, or insurance requirements on charter-party
11carriers operating limousines that are more burdensome than those
12imposed by the commission. However, the governing board of any
13 airport may require a charter-party carrier operating limousines to
14obtain an airport permit for operating authority at the airport.

15(c) Notwithstanding subdivisions (a) and (b), the governing
16body of any airport may adopt and enforce reasonable and
17nondiscriminatory local airport rules, regulations, and ordinances
18pertaining to access, use of streets and roads, parking, traffic
19control, passenger transfers, trip fees, and occupancy, and the use
20of buildings and facilities, that are applicable to charter-party
21carriers operating limousines on airport property.

22(d) This section does not apply to any agreement entered into
23pursuant to Sections 21690.5 to 21690.9, inclusive, between the
24governing body of an airport and charter-party carriers operating
25limousines.

26(e) The governing body of any airport shall not impose a fee
27based on gross receipts of charter-party carriers operating
28limousines.

29(f) Notwithstanding subdivisions (a) to (e), inclusive, nothing
30in this section prohibits a city, county, city and county, or the
31governing body of any airport, from adopting and enforcing
32reasonable permit requirements, fees, rules, and regulations
33applicable to charter-party carriers of passengers other than those
34operating limousines.

35(g) Notwithstanding subdivisions (a) to (e), inclusive, a city,
36county, or city and county may impose reasonable rules for the
37inspection of waybills of charter-party carriers of passengers
38operating within the jurisdiction of the city, county, or city and
39county, for purposes of verifying valid prearranged travel.

P26   1(h) For the purposes of this section, “limousine” includes any
2sedan or sport utility vehicle, of either standard or extended length,
3with a seating capacity of not more than 10 passengers including
4the driver, used in the transportation of passengers for hire on a
5prearranged basis within this state.

6

begin deleteSEC. 42.end delete
7
begin insertSEC. 44.end insert  

Section 5381.5 of the Public Utilities Code is amended
8to read:

9

5381.5.  

(a) The commission shall, by rule or other appropriate
10procedure, ensure that every charter-party carrier of passengers
11operates on a prearranged basis within the state, consistent with
12Section 5360.5. The commission shall require every charter-party
13carrier of passengers to include on a waybill or trip report at least
14all of the following:

15(1) The name of at least one passenger in the traveling party,
16or identifying information of the traveling party’s affiliation, along
17with the point of origin and destination of the passenger or traveling
18party.

19(2) Information as to whether the transportation was arranged
20by telephone, written contract, or electronic communication.

21(b) A waybill or trip report may be kept in electronic or hardcopy
22format. When requested by any commission or airport enforcement
23officer or any official of a city, county, or city and county
24authorized to inspect a waybill or trip report pursuant to subdivision
25(g) of Section 5371.4, the waybill or trip report may be provided
26in either electronic or hardcopy format.

27(c) A charter-party carrier of passengers shall produce in its
28office a hardcopy of any waybill or trip report when requested by
29the commission or one of its authorized representatives pursuant
30to Section 5389.

31

begin deleteSEC. 43.end delete
32
begin insertSEC. 45.end insert  

Section 7661 of the Public Utilities Code is amended
33to read:

34

7661.  

(a) The commission shall require every railroad
35corporation operating in this state to develop, within 90 days of
36the effective date of the act adding this section, in consultation
37with, and with the approval of, the Office of Emergency Services,
38a protocol for rapid communications with the Office of Emergency
39Services, the Department of the California Highway Patrol, and
40designated county public safety agencies in an endangered area if
P27   1there is a runaway train or any other uncontrolled train movement
2that threatens public health and safety.

3(b) A railroad corporation shall promptly notify the Office of
4Emergency Services, the Department of the California Highway
5Patrol, and designated county public safety agencies, through a
6communication to the Warning Center of the Office of Emergency
7Services, if there is a runaway train or any other uncontrolled train
8movement that threatens public health and safety, in accordance
9with the railroad corporation’s communications protocol developed
10pursuant to subdivision (a).

11(c) The notification required pursuant to subdivision (b) shall
12include the following information, whether or not an accident or
13spill occurs:

14(1) The information required by subdivision (c) of Section 7673.

15(2) In the event of a runaway train, a train list.

16(3) In the event of an uncontrolled train movement or
17uncontrolled movement of railcars, a track list or other inventory
18document if available.

19(d) The division of the commission responsible for railroad
20safety shall investigate any incident that results in a notification
21required pursuant to subdivision (b).



O

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