Bill Text: CA AB1533 | 2023-2024 | Regular Session | Amended
Bill Title: Electricity.
Spectrum: Committee Bill
Status: (Passed) 2024-09-22 - Chaptered by Secretary of State - Chapter 353, Statutes of 2024. [AB1533 Detail]
Download: California-2023-AB1533-Amended.html
Amended
IN
Senate
July 03, 2024 |
Amended
IN
Senate
June 10, 2024 |
Amended
IN
Assembly
May 25, 2023 |
Amended
IN
Assembly
May 01, 2023 |
Amended
IN
Assembly
April 13, 2023 |
Introduced by Committee on Utilities and Energy |
February 17, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law authorizes the Department of Water Resources to construct, own and operate, or contract for the construction and operation of, contract for the purchase of electricity from, or finance through loans, reimbursement agreements, or other contracts actions to secure resources for summer reliability or to preserve the option to extend the life of specified facilities. Existing law requires the department, from October 31, 2022, to October 31, 2026, inclusive, to submit applications for certification to the Energy Commission for sites on which those
facilities are located, as specified. Existing law requires the department, beginning on January 31, 2023, and on May 1, August 1, and December 1 annually thereafter, to issue a written report to the Joint Legislative Budget Committee detailing certain actions undertaken by the department in the period since the previous report, as specified.
This bill would require the department to issue that report in consultation with the Energy Commission and require that report to also detail certain actions undertaken by the Energy Commission, as specified.
(3)Existing law prohibits an electrical corporation from beginning the
construction of, among other things, a line, plant, or system, or of any extension thereof, without having first obtained from the Public Utilities Commission (PUC) a certificate that the present or future public convenience and necessity require or will require that construction. Under existing law, the extension, expansion, upgrade, or other modification of an existing electrical transmission facility, including transmission lines and substations, does not require a certificate that the present or future public convenience and necessity requires or will require its construction.
This bill would require the PUC, in a proceeding evaluating the issuance of a certificate of public convenience and necessity for a proposed transmission project, to establish a rebuttable presumption with regard to need for the proposed transmission project in favor of an Independent System Operator governing board-approved need evaluation if specified requirements
are satisfied.
(4)
(5)Existing law requires every electrical, gas, heat, or water corporation to allow residential customers at least 19 days from the date of mailing its bills for services for payment of the charges demanded. Existing law prohibits those corporations from terminating residential service for nonpayment of a delinquent account unless the corporation first gives notice of the delinquency and impending termination at least 10 days before the proposed termination, by means of a notice mailed to the customer to whom the service is billed.
This bill would additionally provide that the bill for service and the notice of delinquency and impending termination may be provided by
electronic mail to customers who have opted to receive electronic communications from the corporation.
(6)
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 38592.1 of the Health and Safety Code is amended to read:38592.1.
(a) Every three years, the California Council on Science and Technology (CCST), in its mission to increase collaboration among agencies and scientists and convene stakeholders across institutions, is requested, at its discretion, to assess the infrastructure project types, scale, and pace necessary to achieve the state’s energy, climate change, and air quality goals, including, but not limited to, the goals established pursuant to Sections 38561.5, 38562.2, 38566, 39730.5, and 39730.6 of this code, and the goals established pursuant to Section 454.53 of the Public Utilities Code. In preparing the assessment, the materials CCST reviews shall include, but not be limited to, the most current versions of all of the following reports and plans:SECTION 1.SEC. 2.
Section 25106 of the Public Resources Code is amended to read:25106.
“Public advisor” means the public advisor employed by the commission pursuant to Section 25217.1.SEC. 2.SEC. 3.
Section 25207 of the Public Resources Code is amended to read:25207.
(a) The members of the commission shall receive the salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code.SEC. 3.SEC. 4.
Section 25213 of the Public Resources Code is amended to read:25213.
The commission shall adopt rules and regulations, as necessary, to carry out this division in conformity with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The commission shall make available to a person upon request copies of proposed regulations, together with summaries of reasons supporting their adoption.SEC. 4.SEC. 5.
Section 25217.1 of the Public Resources Code is amended to read:25217.1.
The commission shall nominate and the Governor shall appoint for a term of three years a public advisor to the commission who shall be an attorney admitted to the practice of law in this state and who shall carry out Section 25222 and other duties prescribed by this division or by the commission. The public advisor may be removed from office only upon the joint concurrence of four commissioners and the Governor.SEC. 5.SEC. 6.
Section 25217.5 of the Public Resources Code is amended to read:25217.5.
The chair of the commission shall direct the public advisor, the executive director, and other staff in the performance of their duties in conformance with the policies and guidelines established by the commission.SEC. 6.SEC. 7.
Section 25222 of the Public Resources Code is amended to read:25222.
The public advisor shall ensure that full and adequate participation by all interested groups and the public at large is secured in the planning, site and facility certification, energy conservation, and emergency allocation procedures provided in this division. The public advisor shall ensure that timely and complete notice of commission meetings and public hearings is disseminated to all interested groups and to the public at large. The public advisor shall also advise interested groups and the public as to effective ways of participating in the commission’s proceedings. The public advisor shall recommend to the commission additional measures to ensure open consideration and public participation in energy planning, site and facility certification, energy conservation, and emergency allocation proceedings.SEC. 7.SEC. 8.
Section 25224 of the Public Resources Code is amended to read:25224.
(a) The commission and other state agencies shall, to the fullest extent possible, exchange records, reports, material, and other information relating to energy resources and conservation and power facilities siting, or any areas of mutual concern, to the end that unnecessary duplication of effort may be avoided.SEC. 8.SEC. 9.
Section 25227 of the Public Resources Code is repealed.SEC. 9.SEC. 10.
Section 25228 of the Public Resources Code is repealed.SEC. 10.SEC. 11.
Section 25302.2 of the Public Resources Code is repealed.SEC. 11.SEC. 12.
Section 25305.5 of the Public Resources Code is amended to read:25305.5.
(a) The commission shall timely incorporate firm zero-carbon resources into the integrated energy policy report prepared pursuant to Section 25302.SEC. 12.SEC. 13.
Section 25320 of the Public Resources Code is amended to read:25320.
(a) The commission shall manage a data collection system for obtaining information necessary to develop the policy reports and analyses required by Sections 25301 to 25307, inclusive, the energy shortage contingency planning efforts in Chapter 8 (commencing with Section 25700), and to support other duties of the commission.SEC. 13.SEC. 14.
Section 25401.6 of the Public Resources Code is repealed.SEC. 14.SEC. 15.
Section 25402 of the Public Resources Code is amended to read:25402.
The commission shall, after one or more public hearings, do all of the following to reduce the wasteful, uneconomic, inefficient, or unnecessary consumption of energy, including the energy associated with the use of water, and to manage energy loads to help maintain electrical grid reliability:SEC. 15.SEC. 16.
Section 25402.1 of the Public Resources Code is amended to read:25402.1.
To implement the requirements of subdivisions (a) and (b) of Section 25402, the commission shall do all of the following:SEC. 16.SEC. 17.
Section 25402.6 of the Public Resources Code is repealed.SEC. 17.SEC. 18.
Section 25402.7 of the Public Resources Code is amended to read:25402.7.
(a) In consultation with the commission, electric and gas utilities shall provide support for building standards and other regulations pursuant to Section 25402, including appropriate research, development, and training to implement those standards and other regulations.SEC. 18.SEC. 19.
Section 25402.11 of the Public Resources Code is amended to read:25402.11.
(a) (1) The commission may adopt regulations establishing an administrative enforcement process for a violation of a regulation adopted pursuant to subdivisions (c) and (e) of Section 25402 and for the assessment of an administrative civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation. The process shall comply with the requirements of Chapter 4 (commencing with Section 11370) and Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code.SEC. 19.SEC. 20.
Section 25403.8 of the Public Resources Code is amended to read:25403.8.
(a) The commission shall develop and implement a program to provide battery backup power for those official traffic control signals, operated by a city, county, or city and county, that the commission, in consultation with cities, counties, or cities and counties, determines to be high priority traffic control signals.SEC. 20.SEC. 21.
Section 25405.5 of the Public Resources Code is amended to read:25405.5.
(a) As used in this section, the following terms have the following meanings:SEC. 21.SEC. 22.
Chapter 5.1 (commencing with Section 25406) of Division 15 of the Public Resources Code is repealed.SEC. 22.SEC. 23.
Section 25486 of the Public Resources Code is repealed.SEC. 23.SEC. 24.
Section 25519 of the Public Resources Code is amended to read:25519.
(a) To obtain certification for a site and related facility, an application for certification of the site and related facility shall be filed with the commission. The application shall be in a form prescribed by the commission and shall be for a site and related facility that has been found to be acceptable by the commission pursuant to Section 25516, or for an additional facility at a site that has been designated a potential multiple-facility site pursuant to Section 25514.5 and found to be acceptable pursuant to Sections 25516 and 25516.5. An application for an additional facility at a potential multiple-facility site shall be subject to the conditions and review specified in Section 25520.5. An application may not be filed for a site and related facility, if there is no suitable alternative for the site and related facility that was previously found to be acceptable by the commission, unless the commission has approved the notice based on the one site as specified in Section 25516.SEC. 24.SEC. 25.
Section 25555 of the Public Resources Code is amended to read:25555.
The State Air Resources Board, in consultation with the commission, shall develop a model of fugitive and vented emissions of methane from natural gas infrastructure. The model shall do all of the following:SEC. 25.SEC. 26.
Section 25601 of the Public Resources Code is amended to read:25601.
The commission shall develop and coordinate a program of research and development in energy supply, consumption, and conservation and the technology of siting facilities and shall give priority to those forms of research and development that are of particular importance to the state, including, but not limited to, all of the following:SEC. 26.SEC. 27.
Section 25603.5 of the Public Resources Code is repealed.SEC. 27.SEC. 28.
Section 25605 of the Public Resources Code is amended to read:25605.
On or before November 1, 1978, the commission shall develop and adopt, in cooperation with affected industry and consumer representatives, and after one or more public hearings, regulations governing solar devices. The regulations shall be designed to encourage the development and use of solar energy and to provide maximum information to the public concerning solar devices. The regulations may include, but need not be limited to, any or all of the following:SEC. 28.SEC. 29.
Chapter 7.7 (commencing with Section 25678) of Division 15 of the Public Resources Code is repealed.SEC. 29.SEC. 30.
Chapter 7.9 (commencing with Section 25695) of Division 15 of the Public Resources Code is repealed.(a)Beginning on January 31, 2023, and on May 1, August 1, and December 1 annually thereafter, the Department of Water Resources, in consultation with the commission, shall issue a written report to the Joint Legislative Budget Committee detailing the actions undertaken by the Department of Water Resources and the commission in the period since the previous report pursuant to this chapter through that date, including, but not limited to, all of the following:
(1)Amount of funds expended.
(2)Purpose of funds expended.
(3)Status of actions funded.
(4)For new and expanded resources, the amount by megawatt, resource type, operational date, and expected lifetime of that capacity.
(5)The frequency at which resources funded by the Department of Water Resources or the commission have been used and the extent to which they complied with the requirements of this chapter.
(6)In consultation with the state board, an estimate or the best available information on the emissions of greenhouse gases, criteria air pollutants, and toxic air contaminants emitted by the resources funded by the Department of Water Resources or the commission over the period since the previous report.
(7)Summary of contracts, grants, and loans issued pursuant to this chapter.
(b)Each report submitted pursuant to this section shall be submitted to the Joint Legislative Budget Committee at the same time and in the same manner as reports submitted pursuant to Section 80730 of the Water Code.
All funds in the account shall be expended for purposes of carrying out this division, when appropriated by the Legislature in the Budget Act.
SEC. 32.SEC. 31.
Section 25805 of the Public Resources Code is repealed.SEC. 33.SEC. 32.
Section 25806 of the Public Resources Code is amended to read:25806.
(a) A person who submits to the commission an application for certification under Chapter 6 (commencing with Section 25500) or Chapter 6.2 (commencing with Section 25545) shall submit with the application a fee of two hundred fifty thousand dollars ($250,000) plus five hundred dollars ($500) per megawatt of gross generating capacity or per megawatthour of gross energy storage capacity, as applicable, or seventy cents ($0.70) per square foot for a facility described in paragraph (4) of subdivision (b) of Section 25545, of the proposed facility. The total fee accompanying an application shall not exceed seven hundred fifty thousand dollars ($750,000).SEC. 34.SEC. 33.
Section 25901 of the Public Resources Code is amended to read:25901.
(a) Within 30 days after the commission issues its determination on any matter specified in this division, except as provided in Section 25531, any aggrieved person may file with the superior court a petition for a writ of mandate for review thereof. Failure to file such an action does not preclude a person from challenging the reasonableness and validity of a decision in any judicial proceedings brought to enforce the decision or to obtain other civil remedies.SEC. 35.SEC. 34.
Section 25953 of the Public Resources Code is amended to read:25953.
As used in this chapter, the following terms have the following meanings:(a)It is the policy of the state that eligible renewable energy resources and zero-carbon resources supply 90 percent of all retail sales of electricity to California end-use customers by December 31, 2035, 95 percent of all retail sales of electricity to California end-use customers by December 31, 2040, 100 percent of all retail sales of electricity to California end-use customers by December 31, 2045, and 100 percent of electricity procured to serve all state agencies by December 31, 2035. The achievement of this policy for California shall not increase carbon emissions elsewhere in the western grid and shall not allow resource shuffling. The commission and Energy Commission, in consultation with the State Air Resources Board, shall take steps to ensure that a transition to a zero-carbon electric system for the State of
California does not cause or contribute to greenhouse gas emissions increases elsewhere in the western grid, and is undertaken in a manner consistent with clause 3 of Section 8 of Article I of the United States Constitution. The commission, the Energy Commission, the State Air Resources Board, and all other state agencies shall incorporate this policy into all relevant planning.
(b)The commission, Energy Commission, State Air Resources Board, and all other state agencies shall ensure that actions taken in furtherance of subdivision (a) do all of the following:
(1)Maintain and protect the safety, reliable operation, and balancing of the electric system.
(2)Prevent unreasonable impacts to electricity, gas, and water customer rates and bills resulting from implementation of this section, taking into full consideration the economic and environmental costs and benefits of renewable energy and zero-carbon resources.
(3)To the extent feasible and authorized under law, lead to the adoption of policies and taking of actions in other sectors to obtain greenhouse gas emission reductions that ensure equity between other sectors and the electricity sector.
(4)Not affect in any manner the rules and requirements for the oversight of, and enforcement against, retail sellers and local publicly owned utilities pursuant to the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3) and Sections 454.51, 454.52, 9621, and 9622.
(5)Not consider the energy, capacity, or any attribute from the Diablo Canyon Unit 1 or Unit 2 powerplant after August 26, 2025, in achieving the policy described in subdivision (a).
(c)This section does not affect a retail seller’s obligation to comply with the federal Public Utility Regulatory Policies Act of 1978 (16 U.S.C. Sec. 2601 et seq.).
(d)The commission, Energy Commission, and State Air Resources Board shall use the programs authorized under existing statutes to achieve the policy described in subdivision (a).
(e)In a proceeding evaluating the issuance of a certificate of public convenience and necessity for a proposed transmission project, the commission shall establish a rebuttable presumption with regard to need for the proposed transmission project in favor of an Independent System Operator governing board-approved need evaluation if all of the following are satisfied:
(1)The Independent System Operator governing board has made explicit findings regarding the need for the proposed transmission project.
(2)The Independent System Operator is a party to the proceeding.
(3)The Independent System Operator governing board-approved need evaluation is submitted to the commission within sufficient time to be included within the scope of the proceeding.
(f)This section does not authorize the commission to establish any requirements on a nonmobile self-cogeneration or cogeneration facility that served onsite load, or that served load pursuant to an over-the-fence arrangement if that arrangement existed on or before December 20, 1995.
(g)This section does not limit any entity, including local governments, from accelerating their achievement of the state’s electric sector decarbonization targets.
(a)Every electrical, gas, heat, or water corporation shall allow every residential customer at least 19 days from the date of mailing its bill for services, postage prepaid, or the date of electronic mailing to customers who have opted to receive electronic communications from the corporation, for payment of the charges demanded. A corporation subject to this section shall not terminate residential service for nonpayment of a delinquent account unless the corporation first gives notice of the delinquency and impending termination, at least 10 days
before the proposed termination, by means of a notice mailed, postage prepaid, or by means of an electronic mail to customers who have opted to receive electronic communications from the corporation, to the customer to whom the service is billed, not earlier than 19 days from the date of mailing the corporation’s bill for services, and the 10-day period shall not commence until five days after the mailing of the notice.
(b)Every corporation shall make a reasonable attempt to contact an adult person residing at the premises of the customer by telephone or personal contact at least 24 hours before
any termination of service, except that, whenever telephone or personal contact cannot be accomplished, the corporation shall give, either by mail or in person, a notice of termination of service at least 48 hours before termination.
(c)Every corporation shall make available to its residential customers who are 65 years of age or older, or who are dependent adults as defined in Section 15610.23 of the Welfare and Institutions Code, a third-party notification service, whereby the corporation will attempt to notify a person designated by the customer to receive notification when the customer’s account is past due and subject to termination. The notification shall include information on what is required to prevent termination of
service. The residential customer shall make a request for third-party notification on a form provided by the corporation, and shall include the written consent of the designated third party. The third-party notification does not obligate the third party to pay the overdue charges, nor shall it prevent or delay termination of service.
(d)(1)Every notice of termination of service pursuant to subdivision (a) or (b) shall include all of the following information:
(A)The name and address of the customer whose account is delinquent.
(B)The amount of the delinquency.
(C)The date by which payment or arrangements for payment is required in order to avoid termination.
(D)The procedure by which the customer may initiate a complaint or request an investigation concerning service or charges.
(E)The procedure by which the customer may request amortization of the unpaid charges.
(F)The procedure for the customer to obtain information on the availability of financial assistance, including private, local, state, or federal sources, if applicable.
(G)The telephone number of a representative of the corporation who can provide additional information or institute arrangements for payment.
(H)The telephone number of the commission to which inquiries by the customer may be directed.
(2)All written notices shall be in a clear and legible format.
(e)A residential customer whose complaint or request for an investigation has resulted in an adverse determination by the corporation may appeal the determination to the commission. Any
subsequent appeal of the dispute or complaint to the commission is not subject to this section.
(f)If a residential customer fails to comply with an amortization agreement, the corporation shall not terminate service without giving notice to the customer at least 48 hours prior to termination of the conditions the customer is required to meet to avoid termination, but this notice does not entitle the customer to further investigation by the corporation.
(g)A termination of service shall not be effected without compliance with this section. Any service wrongfully terminated shall be restored without charge for the restoration of service, and a notation thereof shall be mailed to the customer at the customer’s billing address.
SEC. 35.
Section 25991.1 of the Public Resources Code is amended to read:25991.1.
(a) On or before June 1, 2022, the commission shall evaluate and quantify the maximum feasible capacity of offshore wind to achieve reliability, ratepayer, employment, and decarbonization benefits and shall establish megawatt offshore wind planning goals for 2030 and 2045.SEC. 36.
Section 454.53 of the Public Utilities Code is amended to read:454.53.
(a) It is the policy of the state that eligible renewable energy resources and zero-carbon resources supply 90 percent of all retail sales of electricity to California end-use customers by December 31, 2035, 95 percent of all retail sales of electricity to California end-use customers by December 31, 2040, 100 percent of all retail sales of electricity to California end-use customers by December 31, 2045, and 100 percent of electricity procured to serve all state agencies by December 31, 2035. The achievement of this policy for California shall not increase carbon emissions elsewhere in the western grid and shall not allow resource shuffling. The commission and Energy Commission, in consultation with the State Air Resources Board, shall take steps to ensure that a transition to a zero-carbon electric system for the State of California does not cause or contribute to greenhouse gas emissions increases elsewhere in the western grid, and is undertaken in a manner consistent with clause 3 of Section 8 of Article I of the United States Constitution. The commission, the Energy Commission, the State Air Resources Board, and all other state agencies shall incorporate this policy into all relevant planning.(1)Use programs authorized under existing statutes to achieve the policy described in subdivision (a).
(2)In consultation with all California balancing authorities, as defined in subdivision (d) of Section 399.12, as part of a public process, issue a joint report to the Legislature by January 1, 2021, and at least every four years thereafter. The joint report shall include all of the following:
(A)A review of the policy described in subdivision (a) focused on technologies, forecasts, then-existing transmission, and maintaining safety, environmental and public safety protection, affordability, and system and local reliability.
(B)An evaluation identifying the potential benefits and impacts on system and local reliability associated with achieving the policy described in subdivision (a).
(C)An evaluation identifying the nature of any anticipated financial costs and benefits to electric, gas, and water utilities, including customer rate impacts and benefits.
(D)The barriers to, and benefits of, achieving the policy described in subdivision (a).
(E)Alternative scenarios in which the policy described in subdivision (a) can be achieved and the estimated costs and benefits of each scenario.
(3)On or before December 1, 2023, and annually thereafter, in consultation with California balancing authorities, as defined in subdivision (d) of Section 399.12, and as part of, or an interim addendum to, the quadrennial joint report required by paragraph (2), as applicable, issue a joint reliability progress report that reviews system and local reliability within the context of the policy described in subdivision (a), with a particular focus on summer reliability. The joint reliability progress report shall identify challenges and gaps, if any, to achieving system and local reliability and identify the amount and cause of any delays to achieving compliance with all energy and capacity procurement requirements set by the commission.