Bill Text: CA AB2323 | 2015-2016 | Regular Session | Amended
Bill Title: Electricity: rates: low-carbon fuel production facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [AB2323 Detail]
Download: California-2015-AB2323-Amended.html
BILL NUMBER: AB 2323 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 19, 2016
AMENDED IN ASSEMBLY MARCH 29, 2016
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member Ridley-Thomas
FEBRUARY 18, 2016
An act to add Section 740.13 to the Public Utilities Code,
relating to energy.
LEGISLATIVE COUNSEL'S DIGEST
AB 2323, as amended, Ridley-Thomas. Electricity: rates: low-carbon
fuel production facilities.
Under existing law, the Public Utilities Commission (PUC) has
regulatory authority over public utilities, including electrical
corporations. Existing law authorizes the PUC to fix the rates and
charges for every public utility, and requires that those rates and
charges be just and reasonable. Existing law, with certain
exceptions, prohibits a public utility from changing any rate, except
upon a showing before the PUC and a finding by the PUC that the new
rate is justified.
Existing law, enacted as part of the Clean Energy and Pollution
Reduction Act of 2015, requires the PUC, in consultation with the
State Energy Resources Conservation and Development Commission
(Energy Commission) and the State Air Resources Board, to direct
electrical corporations to file applications for programs and
investments to accelerate widespread transportation electrification
to reduce dependence on petroleum, meet air quality standards,
achieve the goals set forth in the Charge Ahead California
Initiative, and reduce emissions of greenhouse gases to 40% below
1990 levels by 2030 and to 80% below 1990 levels by 2050. That law
requires that the programs proposed by electrical corporations seek
to minimize overall costs and maximize overall benefits. The PUC is
required to approve, or modify and approve, programs and investments
in transportation electrification, including those that deploy
charging infrastructure, through a reasonable cost recovery
mechanism, if they are consistent with the above-described purposes,
do not unfairly compete with nonutility enterprises, include
performance accountability measures, and are in the interests of
ratepayers, as specified.
This bill would require an electrical corporation that offers
time-of-use rates, critical peak pricing, real-time pricing, or peak
time rebates for the charging of electric vehicles, as part of a
program to encourage transportation electrification, to offer similar
rates to low-carbon transportation fuel production facilities and
public and private fueling stations dedicated to providing low-carbon
fuels for transportation purposes. The bill would require the
PUC, in consultation with the state board and the Energy Commission,
to establish performance accountability measures for production
facilities that elect to use the rates established pursuant to the
bill's requirements and would require the PUC to ensure that those
rates are in the interests of ratepayers .
Under existing law, a violation of the Public Utilities Act or any
order, decision, rule, direction, demand, or requirement of the
commission PUC is a crime.
Because the provisions of this bill are within the act, and
because a violation of an order of the commission under these
provisions would be a crime, the bill would impose a state-mandated
local program.
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 740.13 is added to the Public Utilities Code,
to read:
740.13. (a) An electrical corporation that
offers time-of-use rates, critical peak pricing, real-time pricing,
or peak time rebates for the charging of electric vehicles, as part
of a program to encourage transportation electrification, shall offer
similar rates to low-carbon transportation fuel production
facilities and public and private fueling stations dedicated to
providing low-carbon fuels for transportation purposes. Nothing in
this section requires an electrical corporation to offer time-of-use
rates, critical peak pricing, real-time pricing, or peak time rebates
to low-carbon transportation fuel production facilities or
low-carbon transportation fueling stations that do not offer special
electric service rates designed to encourage the use of electric
vehicles. For purposes of this section, "low-carbon transportation
fuel" means a liquid or gaseous transportation fuel that meets the
low-carbon fuel standard regulation (Subarticle 7 (commencing with
Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division
3 of Title 17 of the California Code of Regulations) requirements
for reduced carbon intensity compared to the closest comparable
petroleum fuel.
(b) The commission, in consultation with the State Air Resources
Board and the Energy Commission, shall establish performance
accountability measures for production facilities that elect to use
the rates established pursuant to this section.
(c) The commission shall ensure that the rates established
pursuant to this section are in the interests of ratepayers as
defined in Section 740.8.
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.
