Bill Text: CA AB2141 | 2015-2016 | Regular Session | Amended
Bill Title: Energy assistance: corner stores.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [AB2141 Detail]
Download: California-2015-AB2141-Amended.html
BILL NUMBER: AB 2141 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 20, 2016
AMENDED IN ASSEMBLY APRIL 5, 2016
INTRODUCED BY Assembly Member Ting
FEBRUARY 17, 2016
An act to add Section 748 to the Public Utilities Code, relating
to energy.
LEGISLATIVE COUNSEL'S DIGEST
AB 2141, as amended, Ting. Energy assistance: Corner
corner stores.
Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including electrical corporations.
Existing law authorizes the commission to fix the rates and charges
for every public utility, and requires that those rates and charges
be just and reasonable. Existing law requires each electrical
corporation and gas corporation to develop and implement a program of
rate assistance to eligible food banks at a fixed percentage to be
determined by the commission and subject to direction and supervision
by the commission. Existing law requires all public utilities to
develop programs, in cooperation with local school districts, to
reduce their the electricity and gas
bills of those school districts through conservation and
improvements in efficiency. Pursuant to existing law, the commission
supervises various energy efficiency and low-income targeted energy
efficiency programs administered by electrical corporations, gas
corporations, and third-party administrators.
This bill would require each electrical corporation and gas
corporation to develop a program, subject to direction and
supervision by the commission, that provides incentives and
assistance to owners, operators, or lessees of corner stores, as
defined, to reduce their electricity and gas bills through
conservation and energy efficiency improvements, including the
placement of, or replacement of less efficient
equipment with, free or low-cost energy-efficient refrigeration
in order to improve a community's access to healthy and fresh food
options. The bill would require that the program give priority to
low-income or lower income, as defined, areas and communities, areas
and communities with limited access to healthy food, including those
areas and communities that are considered to be food deserts, as
defined, and communities with higher rates of diet-related diseases,
as defined. The bill would require each electrical and gas
corporation corporation, in designing its program, to
consult with store owners, product vendors, refrigeration
manufacturers, and the Office of Farm to Fork in the Department of
Food and Agriculture. The bill would require each electrical and gas
corporation to submit its proposal for the program to the
commission by January 1, 2018, and would require the commission to
authorize or deny implementation of the program by July 1, 2018.
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 creating a new 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 748 is added to the Public Utilities Code, to
read:
748. (a) For purposes of this section, the following terms have
the following meanings:
(1) "Corner store" means a small-scale store or grocery store,
either an independent store or a chain store, that sells a limited
selection of foods and other products, in rural, urban, and suburban
settings. "Corner store" includes stores that are not located on a
corner and stores commonly referred to as convenience stores or
neighborhood stores.
(2) "Diet-related diseases" includes, but is not limited to,
obesity, diabetes, cancer, and cardiovascular diseases.
(3) "Food desert" means an area or community that lacks or is
absent devoid of grocery stores or
supermarkets that sell fresh produce and healthy food options.
(4) "Low-income or lower income" means households with annual
incomes that are no greater than 400 percent of the federal poverty
level.
(b) (1) Subject to the direction and approval of the commission,
each electrical corporation and gas corporation shall develop and
implement a program to provide incentives and assistance to owners,
operators, or lessees of corner stores to reduce their electricity
and gas bills through conservation and energy efficiency
improvements, including, but not limited to, the placement of,
or replacement of less efficient equipment with,
free or low-cost energy-efficient refrigeration in order to improve a
community's access to healthy and fresh food options.
(2) The program shall require participating corner stores to
agree to sell fresh produce and other healthy foods for a minimum of
three years. The commission may impose other conditions to ensure the
integrity of the program and to protect ratepayers. The
three year three-year requirement shall not be
enforceable if the individual or entity, or its successor, owning,
operating, or leasing the corner store ceases all of its retail food
sales operations.
(3) The program shall give priority to, but is not limited to, the
following:
(A) Low-income or lower income areas and communities.
(B) Areas and communities with limited access to healthy food,
including those that are considered to be food deserts.
(C) Communities with higher rates of diet-related diseases.
(4) The program shall encourage and include outreach to corner
stores to promote participation.
(c) (1) Each In designing its program,
each electrical corporation and gas corporation shall
consult with store owners, product vendors, refrigeration
manufacturers, and the Office of Farm to Fork in the Department of
Food and Agriculture. Each electrical corporation and gas
corporation shall submit its proposal for the program to the
commission by January 1, 2018.
(2) Each electrical corporation and gas corporation shall consult
with the Office of Farm to Fork to determine which foods should be
considered fresh and healthy and how much refrigerated space should
be available under this program for healthy food options.
(2)
(3) The commission may approve the proposal, modify and
approve the proposal, or direct the utility to file a new proposal
with elements specified by the commission by a date certain.
(3)
(4) The commission shall authorize or deny
implementation of the program by July 1, 2018.
(d) The commission shall implement an equitable means to fund the
program, which may include, but is not limited to, overcollections
pursuant to the California Alternate Rates for Energy (CARE) program,
the Energy Savings Assistance Program established pursuant to
Section 382, and other energy efficiency funds or programs subject to
the commission's oversight.
SEC. 2. 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.
