Bill Text: CA SB176 | 2009-2010 | Regular Session | Enrolled

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

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Bill Title: Electricity: charges: charitable organizations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-08-06 - Chaptered by Secretary of State. Chapter 36, Statutes of 2009. [SB176 Detail]

Download: California-2009-SB176-Enrolled.html

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BILL NUMBER: SB 176	ENROLLED
	BILL TEXT

	PASSED THE SENATE  MAY 18, 2009
	PASSED THE ASSEMBLY  JUNE 30, 2009
	AMENDED IN SENATE  MAY 12, 2009

INTRODUCED BY   Senator Simitian

                        FEBRUARY 14, 2009

   An act to amend Section 395.5 of the Public Utilities Code,
relating to electricity.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 176, Simitian. Electricity: charges: charitable organizations.
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including electrical corporations.
Existing law defines an "electric service provider" as an entity that
offers electrical service to customers within the service territory
of an electrical corporation, excluding electrical corporations,
local publicly owned electric utilities, and certain cogenerators.
Provisions of the existing Public Utilities Act restructuring the
electrical services industry require that electric service providers
register with the commission, and provide for the authorization of
direct transactions between electric service providers and retail
end-use customers. The act requires the commission, pursuant to
electrical restructuring, to authorize and facilitate direct
transactions between electricity suppliers and retail end-use
customers. However, other existing law suspends the right of retail
end-use customers other than community aggregators, as defined, to
acquire service from certain electricity suppliers, after a period of
time to be determined by the commission, until the Department of
Water Resources no longer supplies electricity under that law.
Notwithstanding this suspension, existing law authorizes a nonprofit
charitable organization to acquire electric commodity service through
a direct transaction with an electric service provider, until
January 1, 2010, if electric commodity service is donated free of
charge without compensation. This authorization will repeal on
January 1, 2010, unless the date is extended or deleted.
   This bill would extend the repeal date until January 1, 2015.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 395.5 of the Public Utilities Code is amended
to read:
   395.5.  (a) For purposes of this section, the following terms have
the following meanings:
   (1) "Nonprofit charitable organization" means any charitable
organization described in Section 501(c)(3) of the federal Internal
Revenue Code that has as its primary purpose serving the needs of the
poor or elderly.
   (2) "Electric commodity" means electricity used by the customer or
a supply of electricity available for use by the customer, and does
not include services associated with the transmission and
distribution of electricity.
   (b) Notwithstanding Section 80110 of the Water Code, a nonprofit
charitable organization may acquire electric commodity service
through a direct transaction with an electric service provider if
electric commodity service is donated free of charge without
compensation.
   (c) A nonprofit charitable organization that acquires donated
electric commodity service through a direct transaction pursuant to
this section shall be responsible for paying all of the following:
   (1) Those charges and surcharges that would be imposed upon a
retail end-use customer of a community aggregator pursuant to
subdivisions (d), (e), (f), and (g) of Section 366.2.
   (2) The transmission and distribution charges of an electrical
corporation or a local publicly owned electric utility.
   (3) A nonbypassable charge imposed pursuant to Article 7
(commencing with Section 381), Article 8 (commencing with Section
385), or Article 15 (commencing with Section 399).
   (4) Costs imposed upon a load-serving entity pursuant to Section
380.
   (d) Existing direct access rules and all service obligations
otherwise applicable to electric service providers shall govern
transactions under this section.
   (e) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.