Bill Text: CA SB1476 | 2009-2010 | Regular Session | Amended

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

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Bill Title: Public utilities: customer privacy: advanced metering

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-09-29 - Chaptered by Secretary of State. Chapter 497, Statutes of 2010. [SB1476 Detail]

Download: California-2009-SB1476-Amended.html

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BILL NUMBER: SB 1476	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 5, 2010

INTRODUCED BY   Senator Padilla

                        FEBRUARY 19, 2010

   An act to  repeal and add Section 393 to, and to add
Section 387.7 to,   add Sections 387.7 and 714 to, and
to repeal Section 393 of,  the Public Utilities Code, relating
to public utilities.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1476, as amended, Padilla. Public utilities: customer 
privacy.   privacy: advanced metering infrastructure.

   (1) Under existing law, the Public Utilities Commission has
regulatory authority over public utilities, including electrical
corporations  and gas corporations  , as defined. The
existing Public Utilities Act requires every public utility to
furnish and maintain adequate, efficient, just, and reasonable
service, instrumentalities, equipment, and facilities as are
necessary to promote the safety, health, comfort, and convenience of
its patrons, employees, and the public.
   Existing law requires the commission to conduct a pilot study of
certain customers of each electrical corporation to determine the
relative value to ratepayers of information, rate design, and
metering innovations using specified approaches, but prohibits this
data from being used for any commercial purpose, unless authorized by
the customer.
   This bill would repeal the provisions relating to the study, and
would  prohibit  require  an electrical
corporation,  3rd-party provider   gas
corporation , or local publicly owned  electric 
utility  with access to the electrical usage information
output of a residential or small business customer from using that
information output for any commercial purpose unless specifically
authorized by the customer   that utilizes an advanced
metering infrastructure that allows a customer to access the customer'
s consumption data to ensure that the customer has an option to
access that data without relinquishing personally identifiable
information to a 3rd party. The bill would require an electrical
corporation, gas corporation, or local publicly owned electric
utility to keep such consumption data securely and not accessible by
a 3rd party, except as provided  .
   (2) 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 these provisions would impose a
state-mandated local program by creating a new crime. 
   The 
    (3)     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 387.7 is added to the 
 Public Utilities Code   , to read:  
   387.7.  (a) A local publicly owned electric utility that utilizes
an advanced metering infrastructure that allows a customer to access
the customer's electric consumption data shall ensure that the
customer has an option to access that data without relinquishing
personally identifiable information, including electric consumption
data, to a third party.
   (b) Unless a customer chooses to access the customer's electric
consumption data, made available as part of an advanced metering
infrastructure, from a third party after being given the option
described in subdivision (a), that data shall be securely kept by the
local publicly owned electric utility and shall not be accessible by
a third party. 
   SECTION 1.   SEC. 2.   Section 393 of
the Public Utilities Code is repealed. 
  SEC. 2.    Section 393 is added to the Public
Utilities Code, to read:
   393.  To ensure customer privacy, an electrical corporation or
third-party provider with access to the electrical usage information
output of a residential or small business customer shall not use that
information output for any commercial purpose unless specifically
authorized by the customer.  
  SEC. 3.    Section 387.7 is added to the Public
Utilities Code, to read:
   387.7.  To ensure customer privacy, a local publicly owned
electric utility or third-party provider with access to the
electrical usage information output of a residential or small
business customer shall not use that information output for any
commercial purpose unless specifically authorized by the customer.

   SEC. 3.    Section 714 is added to the  
Public Utilities Code   , to read:  
   714.  (a) An electrical or gas corporation that utilizes an
advanced metering infrastructure that allows a customer to access the
customer's electric and gas consumption data shall ensure that the
customer has an option to access that data without relinquishing
personally identifiable information, including electric or gas
consumption data, to a third party.
   (b) Unless a customer chooses to access the customer's electric or
gas consumption data, made available as part of an advanced metering
infrastructure, from a third party after being given the option
described in subdivision (a), that data shall be securely kept by the
electric or gas corporation and shall not be accessible by a third
party. 
  SEC. 4.  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.