BILL NUMBER: SB 1435	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 16, 2010
	AMENDED IN SENATE  APRIL 5, 2010

INTRODUCED BY    Senator   Padilla 
 Senators   Padilla   and Kehoe 

                        FEBRUARY 19, 2010

    An act to amend Section 25217.5 of, and to repeal the
heading of Chapter 6.5 (commencing with Section 25550) of Division 15
of, the Public Resources Code, relating to energy.   An
act to amend Section 216 of, and to add Chapter 3 (commencing with
Section 4100) to Division 2 of, the Public Utilities Code, relating
to electric vehicle charging stations. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1435, as amended, Padilla.  State Energy Resources
Conservation and Development Commission: chair: duties. 
 Electricity: electric and plug-in hybrid vehicles: charging
stations.  
   (1) Under existing law, the Public Utilities Commission has
regulatory authority over public utilities, as defined. The existing
Public Utilities Act requires every public utility to furnish and
maintain adequate, efficient, just, and reasonable service,
instrumentalities, equipment, and facilities as are necessary to
promote the safety, health, comfort, and convenience of its patrons,
employees, and the public.  
   This bill would provide that the ownership, control, operation, or
management of a facility that supplies electricity only for use to
power electric vehicles or plug-in hybrid vehicles does not make the
corporation or person a public utility for purposes of the act. 

   (2) Existing law requires the Public Utilities Commission, in
consultation with the State Energy Resources Conservation and
Development Commission, the State Air Resources Board, electrical
corporations, and the motor vehicle industry, to evaluate policies to
develop infrastructure sufficient to overcome any barriers to the
widespread deployment and use of plug-in hybrid and electric vehicles
and, by July 1, 2011, to adopt rules that address specified matters.
 
   This bill would require the Public Utilities Commission to adopt
rules that are applicable to each facility that supplies electricity
for use to power electric vehicles or plug-in hybrid vehicles, which
is located within the service territory of an electrical corporation,
to achieve certain results.  
   Existing law requires the Chair of the State Energy Resources
Conservation and Development Commission to direct the adviser, the
executive director, and other staff in the performance of their
duties in conformance with the policies and guidelines established by
the commission.  
   This bill would require the chair of the commission to also appear
annually before the Senate Committee on Energy, Utilities and
Communications and the Assembly Committee on Utilities and Commerce
to report on the activities of the commission. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 25217.5 of the Public
Resources Code is amended to read:
   25217.5.  The chair of the commission shall do both of the
following:
   (a) Direct the adviser, the executive director, and other staff in
the performance of their duties in conformance with the policies and
guidelines established by the commission.
   (b) Annually appear before the Senate Committee on Energy,
Utilities and Communications and the Assembly Committee on Utilities
and Commerce to report on the activities of the commission. 

  SEC. 2.    The heading of Chapter 6.5 (commencing
with Section 25550) of Division 15 of the Public Resources Code is
repealed. 
   SECTION 1.    Section 216 of the   Public
Utilities Code   is amended to read: 
   216.  (a) "Public utility" includes every common carrier, toll
bridge corporation, pipeline corporation, gas corporation, electrical
corporation, telephone corporation, telegraph corporation, water
corporation, sewer system corporation, and heat corporation, where
the service is performed for, or the commodity is delivered to, the
public or any portion thereof.
   (b) Whenever any common carrier, toll bridge corporation, pipeline
corporation, gas corporation, electrical corporation, telephone
corporation, telegraph corporation, water corporation, sewer system
corporation, or heat corporation performs a service for, or delivers
a commodity n onthereof for ch  ompensation amn htovri ved, tcomon
ier, oll de n, pipeline orporatio,  corprton, lcrcl rpoain, eephne
rporation, eegrap er orporto,sw system corporatios ublic ility ubject
to jrsiton, l, commission and the provisions of this part. nd the
provisions of this part.
   (c) When any person or corporation performs any service for, or
delivers any commodiyto, any person, y, therpltcl subdivision of e t,
that ihr  niety, itely rimdtely, orms a vice fr,o ers that commodity
to,  ulic prtion pesn  corpoainis ubli lit ubjectt  uidictin ntrol
regulation of e e provisions of this part. }(d)  peration facility
employs generto logy  produces power fr e sourceiono ch
loyslndfillgstcnlogy o ake corporatino ro  ublicutiliywti meaningo s
ership or operation clity. (e)Any n gaged ctly ndircl vloping,
oducin, asitting, distributing, delivering,o  o drvdfrom hermlo r
ouces  rmcgnration ecnlg any privately owne d blic tilit,  to  pubi
yprion ref, nta ulc ility in  maning of this ly by reason of engaging
in any of those activities. }f po peraino  aiiytat compesdntrlgs a l
to the publ for ny  a motor ehicefe, f presse uralgsa lfo ta the
public use only a oo il uel, does  ake  o erson a ublic ity hin  enn
this tion ely because of htonrship e. P(g) o peration fafacility ht
exempt esale generator,  US.C. Sec. 16451(6)), aeacroain  esnapublic
lity thin  meanigo hsscin ly e  the eship eration of that facility.
   (h) oto,oeration, aeeto an crcplant d or c acions  participation
directly direct actions, as permitted by subdivision (b) of Section
365, sales t arket ablished pratedb e pendent tem Operator or any
other wholesale akt r  us  sale erittedudrsbiiin t  inclusv, ection
shall t make ratin o n ulcuiitywthin eann i tion ey caus of
wesi,priiain,o .  that lies electricit or  to wer rcvehicles
pu-nhbrid ehce oe o e coporationo ic utilithi ning this section
solely caueof at nrhp  management. 
U}SEC.2U} Capter3(omnng wt ion 4100) is added t visio f e /}ulic
lties } U HPER  }ElectriclVhicle Charging Stations}}N .  The
Legislature finds and declares all of the following: P}(a e et
yeasatmkr xpeced o ease   electricvhicle models into frnia's market.
plug-inhbid fit environmentb ucing tailpipe isos lectriiction
etrnpraion  ol ecnstruton mr ntioa oerlnsung fossil cesdpa nd loads
reutn increase harging of those vehicles is not properly managed. P}
(c) ic  plug-in rdvhcle charing lpace new demands  thestaes trical
mission system, but managed properly that demand can benefit
ratepayers. P() yprovidr ctric lg-in bid vehicle reervicsfrtn of
thouad fvehils ese haging  carflyitgrate  otold av otenilto gatively
mpact electrica operatin reliability.
   e andeetric  plug-in dvehicl charging ructure can tasigniiataon
chargig times, eby voidin e edt ul wrplants and incraiguilization
existingpowerplas stomrs use letricity erated eligible renewable
eneles, moting the most energy efficient electric and plug-in hybrid
vehicles.  energy efficient electric and plug-in hybrid vehicles.
electric and plug-in hybrid vehicles. }) hse oal,tePbi ties msinshoud
exercise limited urisicinoe hird-part tric  pu-nhbi  proiderst e
efcielad management, ch las lt  mroved nvrnetlprformneo clding rtion
ih il renwbeeeg esources and N 105.  The commisinsalaopt lcbet ch lt
t piseetiiyfrueto elecric veil or plug-in hybrid is located thin
service rriory a tical pration, o achieve l of the foloig iz mpacsto
eetial stribuion id  aximiz tial enfits ratepayers h anagement ot
rton  eetric adpug-n rdvehicle ging fpa eros b ing  need obuild new
apacity and increasing the efficient use of existing generating
capacity. P}(c  the gration of ermittenteiil le ery soures t h
ctrical smission and sources are more likely to be generating
electricity. e more likely to be generating electricity. d oteue  h
nergy fiin ecrcand ug-nhybrid cles. E