BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1476
                                                                  Page  1

          Date of Hearing:   August 4, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   SB 1476 (Padilla) - As Amended:  August 2, 2010

          Policy Committee:                              Utilities and  
          Commerce     Vote:                            13-0
                        Judiciary                             10-0

          Urgency:     No                   State Mandated Local Program:   
          No     Reimbursable:  

           SUMMARY  

          This bill requires an electrical or gas investor-owned utility  
          (IOU) or a publicly owned electrical utility (POU) using  
          advanced metering ("smart meters") to protect customers' energy  
          usage data from unauthorized access or disclosure, and prohibits  
          IOUs and POUs from the following activities:

          1)Sharing, disclosing, or selling to any third party data about  
            a customer's energy usage or any other personally identifiable  
            information.

          2)Conditioning a customer's access to their energy usage data on  
            the payment of an incentive or discount. If the utility  
            contracts with a third party for a service allowing a customer  
            to track their energy usage, and the third party used the data  
            for secondary commercial purposes, the utility must (a) ensure  
            that the third party discloses the secondary use to the  
            customer and (b) provide the customer with an option to  
            monitor their energy use that is not conditioned on third  
            party use for a secondary commercial purpose.

          The bill stipulates that the above does not prohibit an IOU or  
          POU from using aggregate energy usage data for analysis,  
          reporting, or program management, or from disclosing such data  
          to a third party system, grid, operational needs, or  
          implementing demand response, energy management, or energy  
          efficiency programs.

           FISCAL EFFECT  









                                                                  SB 1476
                                                                  Page  2

          Ongoing special fund costs of about $100,000 to the Public  
          Utilities Commission for one position to monitor IOU compliance  
          with the bill's requirements. [Public Utilities Reimbursement  
          Account.]

           COMMENT

          Purpose  . "Smart meters" allow data to be sent via Internet  
          directly to the utility (thus avoiding the need for individual  
          collection at each meter), and permit utility customers to  
          monitor their consumption data, ideally to adjust their behavior  
          and use energy more efficiently. Customers generally access this  
          data through third parties, such as Google Power Meter, which  
          provide tools for analyzing the data and informing the customer  
          how they might change their consumption patterns. Third party  
          providers often require the consumer to permit the provider to  
          share the consumption data for commercial use. This bill  
          requires utilities to offer the consumer an option to access  
          data without the condition of sharing consumption data,  
          prohibits utilities from sharing, disclosing, or selling  
          consumption data or personal information (subject to certain  
          exceptions), and requires both the public utilities and third  
          party contractors to adopt reasonable security measures. 

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081