Bill Text: CA AB2693 | 2017-2018 | Regular Session | Amended

California Assembly Bill 2693 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Public Utilities Commission: telecommunications service: natural disasters: reports.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2018-08-16 - In committee: Held under submission. [AB2693 Detail]

Download: California-2017-AB2693-Amended.html

Amended IN Senate June 20, 2018

Amended IN Assembly May 25, 2018

Amended IN Assembly May 01, 2018

Amended IN Assembly April 11, 2018

Amended IN Assembly March 21, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 2693

Introduced by Assembly Member ~~Quirk~~ Wood

February 15, 2018

~~An act to add Section 454.52.5 to the Public Utilities Code, relating to energy.~~ An act to add Section 910.8 to the Public Utilities Code, relating to telecommunications.

LEGISLATIVE COUNSEL'S DIGEST

AB 2693, as amended, ~~Quirk~~ Wood. ~~Natural gas-fired generating units.~~ Public Utilities Commission: telecommunications service: natural disasters: reports.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law requires the commission, in consultation with the Office of Emergency Services, to identify the need for telecommunications service systems not on customers’ premises to have backup electricity to enable telecommunications networks to function, and to enable customers to contact a public safety answering point operator during an electrical outage, to determine performance criteria for backup systems, and to determine whether specified best practices for backup systems have been implemented by telecommunications service providers operating in California. Existing law requires the commission to report certain information to the Legislature.
This bill would, upon the declaration of a state of emergency or a local emergency by the Governor, require the commission to collect specified information from telecommunications service providers relating to the provider’s efforts and resources used to restore telecommunications service outages caused by, and to repair or replace related network infrastructure or facilities that were damaged as a result of, the emergency or a natural disaster. The bill would require the commission to annually submit a report that summarizes the information collected, broken down by each emergency or natural disaster, to the appropriate policy committees of the Legislature and to post the report in a conspicuous area of its Internet Web site. The bill would also require the President of the commission to annually present a summary of the information collected to the appropriate policy committees of the Legislature. The bill would authorize the commission to require telecommunications service providers to collect and forward to the commission any relevant information for these purposes.
Under existing law, a violation of any provision of the Public Utilities Act or of any of the rules or orders issued under the act is a crime.
Because the provisions of this bill are within the act and require action by the commission to implement its requirements, a violation of which would be a crime, this 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.
Under existing law, the Public Utilities Commission has regulatory jurisdiction over electrical and gas corporations. Existing law authorizes the commission to fix the rates and charges for every public utility, including electrical and gas corporations, and requires that those rates and charges be just and reasonable.
This bill would require the commission to consider revising the gas supply tariff for natural gas-fired generating units to authorize the collection of rate revenues mostly in capacity charges, as specified. The bill would state the intent of the Legislature that the commission undertake certain actions regarding California’s future grid reliability needs, including determining which natural gas-fired generating units can be retired and which are needed, as specified.
~~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 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 Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

Section 910.8 is added to the Public Utilities Code, to read:

910.8.
(a) For purposes of this section, “telecommunications service” has the same meaning as defined in Section 2892.1.
(b) Upon the declaration of a state of emergency or a local emergency by the Governor pursuant to Section 8558 of the Government Code, the commission shall collect all of the following information from telecommunications service providers relating to the provider’s efforts and resources used to restore telecommunications service outages caused by, and to repair or replace related network infrastructure or facilities that were damaged as a result of, the emergency or a natural disaster:
(1) The extent of any damage to telecommunications network infrastructure or facilities caused by the emergency or natural disaster, including the type of facility and infrastructure damaged.
(2) The number of people in California who experienced a telecommunications service outage caused by the emergency or natural disaster.
(3) The duration of each telecommunications service outage caused by the emergency or natural disaster.
(4) Any specific data on 911 emergency system outages caused by the emergency or natural disaster.
(5) The types of infrastructure or facilities used to restore telecommunications service outages caused by, or to repair or replace related network infrastructure or facilities damaged by, the emergency or natural disaster.
(6) The service provider’s plans for fully restoring any telecommunications service outages or repairing or replacing any related network infrastructure or facilities, as necessitated by the emergency or natural disaster, including specifically identifying areas where wireless facilities would replace wireline facilities.
(c) Consistent with paragraph (2) of subdivision (a) of Section 920, the commission shall annually submit a report that summarizes the information collected pursuant to subdivision (b), broken down by each emergency or natural disaster, to the appropriate policy committees of the Legislature and post the report in a conspicuous area of its Internet Web site.
(d) The president of the commission shall annually present to the appropriate policy committees of the Legislature a summary of the information collected pursuant to subdivision (b). The summary may be presented at the same time that the president presents the annual report pursuant to Section 321.6.
(e) For purposes of this section, the commission may require a telecommunications service provider to collect and forward to the commission any relevant information.

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.

SECTION 1.Section 454.52.5 is added to the Public Utilities Code, to read:
454.52.5.
~~(a)(1)The Legislature finds and declares all of the following:~~
(A)The California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) requires the state to reduce its emissions of greenhouse gases to 40 percent below 1990 levels by 2030.
(B)The California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3) requires that 50 percent of the state’s electricity come from renewable resources by 2030.
(C)By adopting these requirements, the Legislature expects load-serving entities to procure a greater quantity of renewable resources and to rely less on natural gas-fired generating units. The variable generation profile of wind and solar generation changes the resource attributes needed for electric grid reliability and to date has been primarily addressed by relying on natural gas-fired generating units that can quickly ramp up and down, and come online quickly during grid contingencies.
~~(D)The Legislature recognizes the need to prepare for reductions in the emissions of greenhouse gases.~~
~~(E)California should begin an orderly phase out of its natural gas-fired generating units while preserving electric system reliability.~~
~~(F)There are zero-carbon emitting technologies that can provide some of the same grid reliability services that natural gas-fired generating units currently provide.~~
~~(G)Criteria air pollutants associated with cycling and starting up a natural gas-fired generating unit are significantly higher than emissions associated with steady-state generation.~~
~~(H)There is a risk that gas-fired generating units that may be needed for grid reliability will not remain in operation due to insufficient revenues.~~
(I)Requiring the state to analyze future grid reliability needs, and the appropriate role for natural gas in that future, will provide information needed to ensure sufficient revenue for necessary natural gas-fired generating units to remain operational.
~~(2)(A)It is the intent of the Legislature that the commission do both of the following:~~
(i)Analyze, in an ongoing proceeding and in consultation with the Independent System Operator, the State Energy Resources Conservation and Development Commission, representatives of local publicly owned electric utilities, and representatives of community choice aggregators, California’s future grid reliability needs.
(ii)Determine, in the ongoing proceeding referenced in subparagraph (A) and in consultation with the State Air Resources Board, which natural gas-fired generating units can be retired and which units are needed to ensure local and system grid reliability, while minimizing emissions of greenhouse gases, criteria air pollutants, and toxic air contaminants.
~~(B)In performing the analysis and determination intended pursuant to clauses (i) and (ii) of subparagraph (A), the commission should consider all relevant factors.~~
(b)The commission shall consider revising the gas supply tariffs for natural gas-fired generating units so that the gas corporation supplying the generating units collects most of its revenue from rates through capacity charges and the remaining revenue through volumetric charges.
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.