Bill Text: CA SB987 | 2009-2010 | Regular Session | Introduced
Bill Title: Electrical restructuring.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-02-18 - To Com. on RLS. [SB987 Detail]
Download: California-2009-SB987-Introduced.html
BILL NUMBER: SB 987 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Hollingsworth
FEBRUARY 8, 2010
An act to amend Section 374 of the Public Utilities Code, relating
to electrical restructuring.
LEGISLATIVE COUNSEL'S DIGEST
SB 987, as introduced, Hollingsworth. Electrical restructuring.
Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including electrical corporations.
This bill would repeal obsolete provisions of law, and would make
other technical, nonsubstantive changes, relating to electrical
restructuring.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 374 of the Public Utilities Code is amended to
read:
374. (a) In recognition of statutory authority and past
investments existing as of December 20, 1995, and subject to the
firewall specified in subdivision (e) of Section 367, the obligation
to pay the uneconomic costs identified in Sections 367, 368, 375, and
376 shall not apply to the following:
(1) One hundred ten megawatts of load served by irrigation
districts, as hereafter allocated by this paragraph:
(A) The 110 megawatts of load shall be allocated among the service
territories of the three largest electrical corporations in the
ratio of the number of irrigation districts in the service territory
of each utility to the total number of irrigation districts in the
service territories of all three utilities.
(B) The total amount of load allocated to each utility service
area shall be phased in over five years beginning January 1, 1997, so
that one-fifth of the allocation is allocated in each of the five
years. Any allocation that remains unused at the end of any year
shall be carried over to the succeeding year and added to the
allocation for that year.
(C) The load allocated to each utility service territory pursuant
to subparagraph (A) shall be further allocated among the respective
irrigation districts within that service territory by the California
Energy Resources Conservation and Development Commission. An
individual irrigation district requesting an allocation shall submit
to the commission by January 31, 1997, detailed plans that show the
load that it serves or will serve and for which it intends to utilize
the allocation within the timeframe requested. These plans shall
include specific information on the irrigation districts'
organization for electric distribution, contracts, financing and
engineering plans for capital facilities, as well as detailed
information about the loads to be served, and shall not be less than
eight megawatts or more than 40 megawatts, provided, however, that
any portion of the 110 megawatts that remains unallocated may be
reallocated to projects without regard to the 40 megawatts
limitation. In making an allocation among irrigation districts, the
Energy Resources Conservation and Development Commission shall assess
the viability of each submission and whether it can be accomplished
in the timeframe proposed. The Energy Resources Conservation and
Development Commission shall have the discretion to allocate the load
covered by this section in a manner that best ensures its usage
within the allocation period.
(D) At least 50 percent of each year's allocation to a district
shall be applied to that portion of load that is used to power pumps
for agricultural purposes.
(E) Any load pursuant to this subdivision shall be served by
distribution facilities owned by, or leased to, the district in
question.
(F) Any load allocated pursuant to paragraph (1) shall be located
within the boundaries of the affected irrigation district, or within
the boundaries specified in an applicable service territory boundary
agreement between an electrical corporation and the affected
irrigation district; additionally, the provisions of subparagraph (C)
of paragraph (1) shall be applicable to any load within the Counties
of Stanislaus or San Joaquin, or both, served by any irrigation
district that is currently serving or will be serving retail
customers.
(2) Seventy-five megawatts of load served by the Merced Irrigation
District hereafter prescribed in this paragraph:
(A) The total allocation provided by this paragraph shall be
phased in over five years beginning January 1, 1997, so that
one-fifth of the allocation is received in each of the five years.
Any allocation that remains unused at the end of any year shall be
carried over to the succeeding year and added to the allocation for
that year.
(B) Any load to which the provision of this paragraph is
applicable shall be served by distribution facilities owned by, or
leased to, Merced Irrigation District.
(C) A load to which the provisions of this paragraph are
applicable shall be located within the boundaries of Merced
Irrigation District as those boundaries existed on December 20, 1995,
together with the territory of Castle Air Force Base that was
located outside of the district on that date.
(D) The total allocation provided by this paragraph shall be
phased in over five years beginning January 1, 1997, with the
exception of load already being served by the district as of June 1,
1996, which shall be deducted from the total allocation and shall not
be subject to the costs provided in Sections 367, 368, 375, and 376.
(3) To loads served by irrigation districts, water districts,
water storage districts, municipal utility districts, and other water
agencies that, on December 20, 1995, were members of the Southern
San Joaquin Valley Power Authority, or the Eastside Power Authority,
provided, however, that this paragraph shall be applicable only to
that portion of each district or agency's load that is used to power
pumps that are owned by that district or agency as of December 20,
1995, or replacements thereof, and is being used to pump water for
district purposes. The rates applicable to these districts and
agencies shall be adjusted as of January 1, 1997.
(4) The provisions of this subdivision shall no longer be
operative after March 31, 2002.
(5) The provisions of paragraph (1) shall not be applicable to any
irrigation district, water district, or water agency described in
paragraph (2) or (3).
(6) Transmission services provided to any irrigation district
described in paragraph (1) or (2) shall be provided pursuant to
otherwise applicable tariffs.
(7) Nothing in this chapter shall be deemed to grant the
commission any jurisdiction over irrigation districts not already
granted to the commission by existing law.
(b)
374. (a) To give the full effect to the
legislative intent in enacting Section 701.8, the costs provided in
Sections 367, 368, 375, and 376 shall not apply to the load served by
preference power purchased from a federal power marketing agency, or
its successor, pursuant to Section 701.8 as it existed on January 1,
1996, provided if that the
power is used solely for the customer's own systems load
and not for sale. The costs of this provision shall be borne by all
ratepayers in the affected service territory, notwithstanding the
firewall established in subdivision (e) of Section 367.
(c)
(b) To give effect to an existing relationship, the
obligation to pay the uneconomic costs specified in Sections 367,
368, 375, and 376 shall not apply to that portion of the load of the
University of California campus situated in Yolo County that was
being served as of May 31, 1996, by preference power purchased from a
federal marketing agency, or its successor, provided
if that the power is used
solely for the facility load of that campus and not, directly or
indirectly, for sale.
