BILL NUMBER: AB 2199	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bradford

                        FEBRUARY 23, 2012

   An act to amend Section 353.13 of the Public Utilities Code,
relating to distributed energy resources.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2199, as introduced, Bradford. Distributed energy resources:
tariffs.
   Existing law requires the Public Utilities Commission to require
each electrical corporation to establish new tariffs on or before
January 1, 2003, for customers using distributed energy resources,
but, after January 1, 2003, distributed energy resources that meet
certain criteria are subject only to those tariffs in existence,
until June 1, 2011, subject to a specified exception. Existing law
requires those tariffs to ensure that all net distribution costs
incurred to serve each customer class are fully recovered only from
that class. Existing law requires the commission to prepare and
submit to the Legislature, on or before June 1, 2002, a report
describing its proposed methodology for determining the new rates and
the process by which it will establish those rates.
   This bill would delete the reference to the report the commission
is required to prepare and submit to the Legislature on or before
June 1, 2002, that describes its proposed methodology for determining
the new rates and the process by which it will establish those
rates.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 353.13 of the Public Utilities Code is amended
to read:
   353.13.  (a) The commission shall require each electrical
corporation to establish new tariffs on or before January 1, 2003,
for customers using distributed energy resources, including, but not
limited to, those that do not meet all of the criteria described in
Section 353.1. However, after January 1, 2003, distributed energy
resources that meet all of the criteria described in Section 353.1
shall continue to be subject only to those tariffs in existence
pursuant to Section 353.3, until June 1, 2011, except that
installations that do not operate in a combined heat and power
application will be subject to those tariffs in existence pursuant to
Section 353.3 only until June 1, 2006. Those tariffs required
pursuant to this section shall ensure that all net distribution costs
incurred to serve each customer class, taking into account the
actual costs and benefits of distributed energy resources,
proportional to each customer class, as determined by the commission,
are fully recovered only from that class. The commission shall
require each electrical corporation, in establishing those rates, to
ensure that customers with similar load profiles within a customer
class will, to the extent practicable, be subject to the same utility
rates, regardless of their use of distributed energy resources to
serve onsite loads or over-the-fence transactions allowed under
Sections 216 and 218. Customers with dedicated facilities shall
remain responsible for their obligations regarding payment for those
facilities. 
   (b) The commission shall prepare and submit to the Legislature, on
or before June 1, 2002, a report describing its proposed methodology
for determining the new rates and the process by which it will
establish those rates.  
   (c) 
    (b)  In establishing the tariffs, the commission shall
consider coincident peakload, and the reliability of the onsite
generation, as determined by the frequency and duration of outages,
so that customers with more reliable onsite generation and those that
reduce peak demand pay a lower cost-based rate.