BILL NUMBER: AB 2461	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Davis

                        FEBRUARY 24, 2012

   An act  relating to law enforcement officers 
 to add Section 383 to the Public Utilities Code, relating to
energy efficiency  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2461, as amended, Davis.  Law enforcement officers:
powers of arrest.   Low-income energy efficiency
programs.  
   Under existing law, the Public Utilities Commission (PUC) has
regulatory authority over public utilities, including electrical
corporations, as defined. Existing law, adopted as part of electrical
restructuring, requires the PUC to supervise the administration of
certain low-income energy efficiency programs, in consultation with
the Low-Income Oversight Board, with the programs being funded
through a nonbypassable charge upon distribution that is collected on
the basis of usage. Existing law requires the PUC to ensure that
low-income ratepayers are not jeopardized or overburdened by monthly
energy expenditures, recognizing that electricity is a basic
necessity and that all residents should be able to afford essential
electricity and gas supplies. Existing law authorizes energy
expenditures to be reduced, for these purposes, through the
establishment of different rates for low-income ratepayers, different
levels of rate assistance, and energy efficiency programs. Existing
law requires the PUC to allocate funds necessary to meet these
low-income objectives. Pursuant to these low-income energy efficiency
directives, the PUC has established the Energy Savings Assistance
Program.  
   This bill would require the PUC to expand the scope of the Energy
Savings Assistance Program to increase its penetration in low-income
communities, and specifically to include schools, small businesses,
and community centers.  
   By expanding the scope of programs funded through the
nonbypassable charge on distribution adopted as part of electrical
restructuring, the bill would constitute a change in state statute
that would result in a taxpayer paying a higher tax within the
meaning of Section 3 of Article XIII A of the California
Constitution, and thus would require for passage the approval of 2/3
of the membership of each house of the Legislature.  
   Under existing law, a violation of the Public Utilities Act or any
order, decision, rule, direction, demand, or requirement of the
commission is a crime.  
   Because the provisions of this bill would be a part of the act and
because a violation of an order or decision of the commission
implementing its requirements would be a crime, the bill would impose
a state-mandated local program by expanding what is a crime. 

   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Existing law provides that certain persons, such as federal
criminal investigators and law enforcement officers, who are not
California peace officers, are authorized to exercise the powers of
arrest of a peace officer in this state under specified
circumstances, including when probable cause exists to believe that a
public offense that involves immediate danger to persons or property
has just occurred or is being committed.  
   This bill would express the intent of the Legislature to enact
legislation amending the provision authorizing certain persons who
are not California peace officers to exercise the powers of arrest of
a peace officer in this state. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee:  no   yes  .
State-mandated local program:  no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds and declares all
of the following:  
   (a) Energy efficiency technologies have been perfected to the
point that they should be available to all Californians regardless of
income.  
   (b) As these energy efficiency technologies become more efficient,
they take on economies of scale and can be delivered to communities
more cost-effectively.  
   (c) State programs, including the Energy Savings Assistance
Program, have already made progress in delivering energy efficiency
devices, retrofits, and techniques to low- and moderate-income
communities.  
   (d) Still more efficiencies and cost savings can be achieved by
expansion of the Energy Savings Assistance Program as well as other
programs.  
   (e) Given the current economic crisis in California, the state has
a compelling interest in promoting both aggressive expansion and
related public education and outreach associated with energy
efficiency programs, to increase awareness of, and participation in,
these programs within low-income communities. 
   SEC. 2.    Section 383 is added to the  
Public Utilities Code  , to read:  
   383.  The commission shall expand the scope of the Energy Savings
Assistance Program to increase its penetration in low-income
communities, and specifically to include schools, small businesses,
and community centers. 
   SEC. 3.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation amending Section 830.8 of the Penal Code,
relating to persons who are not California peace officers but who are
authorized to exercise the powers of arrest of a peace officer in
this state.