Bill Text: CA AB2159 | 2013-2014 | Regular Session | Amended
Bill Title: Electrical corporations: community choice aggregation:
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-04-30 - In committee: Set first hearing. Failed passage. Reconsideration granted. [AB2159 Detail]
Download: California-2013-AB2159-Amended.html
BILL NUMBER: AB 2159 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Ammiano
FEBRUARY 20, 2014
An act to add Section 6502.1 to the Government Code, and to
amend Section 2824 Sections 218 and
8380 of the Public Utilities Code, relating to electricity.
LEGISLATIVE COUNSEL'S DIGEST
AB 2159, as amended, Ammiano. Public utilities:
electrical services: charges. Electrical corporations:
community choice aggregation: Joint Exercise of Powers Act.
(1) The Joint Exercise of Powers Act authorizes the legislative or
other governing bodies of 2 or more public agencies to jointly
exercise by agreement any power common to the contracting parties, as
specified.
Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including electrical corporations,
as defined. Existing law authorizes a community choice aggregator, as
defined, to aggregate the electrical load of interested electricity
consumers within its boundaries and requires a community choice
aggregator to file an implementation plan with the Public Utilities
Commission. Existing law authorizes any group of cities, counties, or
cities and counties whose governing boards have so elected to
combine the loads of their programs as a community choice aggregator
through the formation of a joint powers agency established pursuant
to the Joint Exercise of Powers Act. Existing law authorizes any
group of cities, counties, or cities and counties whose governing
boards have so elected to combine the electrical loads of their
community choice aggregation programs through the formation of a
joint powers agency established pursuant to the Joint Exercise of
Powers Act.
This bill would authorize the board of supervisors of a city and
county, by ordinance, to elect to enter into an agreement pursuant to
the Joint Exercise of Powers Act to implement a community choice
aggregation program with one or more public agencies through a public
entity that is separate from the parties to the agreement. This bill
would additionally authorize the board of supervisors of a city and
county, by resolution, to elect to request another public agency that
has elected to implement a community choice aggregation program to
be the community choice aggregator for the city and county.
(2) Existing law requires an electrical corporation to cooperate
fully with any community choice aggregator that investigates,
pursues, or implements community choice aggregation programs,
including providing appropriate billing and electrical load data,
which includes electrical consumption data. Electrical or gas
consumption data is defined as data about a customer's electrical or
natural gas usage that is made available as part of an advanced
metering infrastructure, and includes the name, account number, or
residence of the customer.
Existing law prohibits an electrical corporation or gas
corporation from sharing, disclosing, or otherwise making accessible
to any 3rd party a customer's electrical or gas consumption data,
except as specified, and requires those utilities to use reasonable
security procedures and practices to protect a customer's unencrypted
electrical and gas consumption data from unauthorized access,
destruction, use, modification, or disclosure. Existing law does not
preclude an electrical corporation or gas corporation from disclosing
electrical or gas consumption data as required or permitted under
state or federal law or by an order of the Public Utilities
Commission.
This bill would require an electrical corporation to provide
electrical consumption data to community choice aggregators pursuant
to their above-described duty to cooperate, subject to any reasonable
security procedures and practices to protect the personal
information from unauthorized access, destruction, use, modification,
or disclosure ordered by the commission or agreed upon between the
electrical corporation and the community choice aggregator.
(3) The existing definition of an electrical corporation excludes
a corporation or person employing cogeneration, as defined,
technology or producing electricity from other than a conventional
power source for either of the following purposes: (1) its own use or
the use of its tenants, or (2) the use of or sale to not more than 2
other corporations or persons solely for use on the real property on
which the electricity is generated or on real property immediately
adjacent thereto, subject to certain exceptions and conditions. The
2nd purpose is commonly known as an over-the-fence transaction.
This bill would expand the over-the-fence transaction exception to
the definition of an electrical corporation by repealing the
limitation on the number of other corporations or persons that may
use or be sold the electricity.
Existing law requires the Public Utilities Commission to review
various charges paid by or charged by electrical corporations related
to the delivery of electrical services. Existing law requires the
commission, following the review, to consider adjustments to the
charges to encourage the utilitization of electricity generated from
other than conventional power sources.
This bill would make nonsubstantive changes to the above
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6502.1 is added to
the Government Code , to read:
6502.1. (a) The board of supervisors of a city and county may, by
ordinance adopted pursuant to paragraph (12) of subdivision (c) of
Section 366.2 of the Public Utilities Code, elect to enter into an
agreement pursuant to this chapter to implement a community choice
aggregation program with one or more public agencies through a public
entity that is separate from the parties to the agreement.
(b) The board of supervisors of a city and county may, by
resolution adopted pursuant to subparagraph (A) of paragraph (12) of
subdivision (c) of Section 366.2 of the Public Utilities Code, elect
to request another public agency that has elected to implement a
community choice aggregation program be the community choice
aggregator for the city and county.
SEC. 2. Section 218 of the Public
Utilities Code is amended to read:
218. (a) "Electrical corporation" includes every corporation or
person owning, controlling, operating, or managing any electric plant
for compensation within this state, except where electricity is
generated on or distributed by the producer through private property
solely for its own use or the use of its tenants and not for sale or
transmission to others.
(b) "Electrical corporation" does not include a corporation or
person employing cogeneration technology or producing power from
other than a conventional power source for the generation of
electricity solely for any one or more of the following purposes:
(1) Its own use or the use of its tenants.
(2) The use of or sale to not more than two
other corporations or persons solely for use on the real property on
which the electricity is generated or on real property immediately
adjacent thereto, unless there is an intervening public street
constituting the boundary between the real property on which the
electricity is generated and the immediately adjacent property and
one or more of the following applies:
(A) The real property on which the electricity is generated and
the immediately adjacent real property is not under common ownership
or control, or that common ownership or control was gained solely for
purposes of sale of the electricity so generated and not for other
business purposes.
(B) The useful thermal output of the facility generating the
electricity is not used on the immediately adjacent property for
petroleum production or refining.
(C) The electricity furnished to the immediately adjacent property
is not utilized by a subsidiary or affiliate of the corporation or
person generating the electricity.
(3) Sale or transmission to an electrical corporation or state or
local public agency, but not for sale or transmission to others,
unless the corporation or person is otherwise an electrical
corporation.
(c) "Electrical corporation" does not include a corporation or
person employing landfill gas technology for the generation of
electricity for any one or more of the following purposes:
(1) Its own use or the use of not more than two of its tenants
located on the real property on which the electricity is generated.
(2) The use of or sale to not more than two other corporations or
persons solely for use on the real property on which the electricity
is generated.
(3) Sale or transmission to an electrical corporation or state or
local public agency.
(d) "Electrical corporation" does not include a corporation or
person employing digester gas technology for the generation of
electricity for any one or more of the following purposes:
(1) Its own use or the use of not more than two of its tenants
located on the real property on which the electricity is generated.
(2) The use of or sale to not more than two other corporations or
persons solely for use on the real property on which the electricity
is generated.
(3) Sale or transmission to an electrical corporation or state or
local public agency, if the sale or transmission of the electricity
service to a retail customer is provided through the transmission
system of the existing local publicly owned electric utility or
electrical corporation of that retail customer.
(e) "Electrical corporation" does not include an independent solar
energy producer, as defined in Article 3 (commencing with Section
2868) of Chapter 9 of Part 2.
(f) The amendments made to this section at the 1987 portion of the
1987-88 Regular Session of the Legislature do not apply to any
corporation or person employing cogeneration technology or producing
power from other than a conventional power source for the generation
of electricity that physically produced electricity prior to January
1, 1989, and furnished that electricity to immediately adjacent real
property for use thereon prior to January 1, 1989.
SEC. 3. Section 8380 of the Public
Utilities Code is amended to read:
8380. (a) For purposes of this section, "electrical or gas
consumption data" means data about a customer's electrical or natural
gas usage that is made available as part of an advanced metering
infrastructure, and includes the name, account number, or residence
of the customer.
(b) (1) An electrical corporation or gas corporation shall not
share, disclose, or otherwise make accessible to any third party a
customer's electrical or gas consumption data, except as provided in
subdivision (e) or upon the consent of the customer.
(2) An electrical corporation or gas corporation shall not sell a
customer's electrical or gas consumption data or any other personally
identifiable information for any purpose.
(3) The electrical corporation or gas corporation or its
contractors shall not provide an incentive or discount to the
customer for accessing the customer's electrical or gas consumption
data without the prior consent of the customer.
(4) An electrical or gas corporation that utilizes an advanced
metering infrastructure that allows a customer to access the customer'
s electrical and gas consumption data shall ensure that the customer
has an option to access that data without being required to agree to
the sharing of his or her personally identifiable information,
including electrical or gas consumption data, with a third party.
(c) If an electrical corporation or gas corporation contracts with
a third party for a service that allows a customer to monitor his or
her electricity or gas usage, and that third party uses the data for
a secondary commercial purpose, the contract between the electrical
corporation or gas corporation and the third party shall provide that
the third party prominently discloses that secondary commercial
purpose to the customer and secures the customer's consent to the use
of his or her data for that secondary commercial purpose prior to
the use of the data.
(d) An electrical corporation or gas corporation shall use
reasonable security procedures and practices to protect a customer's
unencrypted electrical or gas consumption data from unauthorized
access, destruction, use, modification, or disclosure.
(e) (1) This section shall not preclude an electrical corporation
or gas corporation from using customer aggregate electrical or gas
consumption data for analysis, reporting, or program management if
all information has been removed regarding the individual identity of
a customer.
(2) This section shall not preclude an electrical corporation or
gas corporation from disclosing a customer's electrical or gas
consumption data to a third party for system, grid, or operational
needs, or the implementation of demand response, energy management,
or energy efficiency programs, provided that, for contracts entered
into after January 1, 2011, the utility has required by contract that
the third party implement and maintain reasonable security
procedures and practices appropriate to the nature of the
information, to protect the personal information from unauthorized
access, destruction, use, modification, or disclosure, and prohibits
the use of the data for a secondary commercial purpose not related to
the primary purpose of the contract without the customer's prior
consent to that use.
(3) This section shall not preclude an electrical corporation or
gas corporation from disclosing electrical or gas consumption data as
required or permitted under state or federal law or by an order of
the commission. An electrical corporation shall provide
electrical consumption data to community choice aggregators pursuant
to paragraph (9) of subdivision (c) of Section 366.2, subject to any
reasonable security procedures and practices to protect the personal
information from unauthorized access, destruction, use, modification,
or disclosure ordered by the commission or agreed upon between the
electrical corporation and the community choice aggregator.
(f) If a customer chooses to disclose his or her electrical or gas
consumption data to a third party that is unaffiliated with, and has
no other business relationship with, the electrical or gas
corporation, the electrical or gas corporation shall not be
responsible for the security of that data, or its use or misuse.
SECTION 1. Section 2824 of the Public Utilities
Code is amended to read:
2824. (a) The commission shall conduct a review of the charges
paid by electrical corporations for electricity generated from other
than conventional power sources and furnished to the electrical
corporations. Following the review, the commission shall consider
adjustments in the charges to encourage the generation of electricity
from other than conventional power sources.
(b) The commission shall conduct a review of standby charges
charged by electrical corporations. Following the review, the
commission shall consider adjustments in the charges to encourage the
utilization of electricity generated from other than conventional
power sources and to enable electrical corporations to review the
costs of providing standby service.
(c) The commission shall conduct a review of charges for
transmission service made by electrical corporations for the
transmission of electricity generated from other than conventional
power sources. Following the review, the commission shall consider
adjustments in the charges to encourage the generation of electricity
from other than conventional power sources.
