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AB-75 Electrical energy: natural gas generators: air pollution.(2001-2002)

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AB75:v96#DOCUMENT

Amended  IN  Assembly  March 05, 2001
Amended  IN  Assembly  March 19, 2001
Amended  IN  Assembly  March 23, 2001

CALIFORNIA LEGISLATURE— 2001–2002 1st Ext.

Assembly Bill
No. 75

Introduced  by  Assembly Member Calderon
 (Coauthor(s): Assembly Member Florez)

February 22, 2001

An act to add Section 380 to the Public Utilities Code, relating to public utilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 75, as amended, Calderon. Electrical energy: natural gas generators: air pollution.
(1) Existing law defines a standby charge as a charge by an electrical corporation for providing standby generation, transmission, and distribution facilities to a private energy producer employing other than a conventional power source for the generation of electricity.
This bill would amend the Public Utilities Act to require the commission Public Utilities Commission to establish an appropriate cost-based rate structure for standby charges for a an eligible customer who has installed a microgeneration facility, as defined, or a renewable facility, as defined, or a facility that is powered by stranded California natural gas on or after 90 days from the effective date of the bill, if that facility meets certain requirements. The bill would specify that these provisions do not apply to those eligible customer-generators that are not assessed specified standby charges. Because any violation of the act is a crime under existing provisions of law, this bill would impose a state-mandated local program by creating a new crime. (2) 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   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 380 is added to the Public Utilities Code, to read:

380.
 (a) To recognize the potential for microgeneration and renewable facilities to enhance reliability, power quality, and to provide other demonstrable benefits to the electric transmission or distribution system, the commission shall establish an appropriate cost-based rate structure for standby charges for eligible customers.
(b) Any true-up of rates, which might be required as a result of restructuring standby charges, may only be imposed on the specific customer class which received an adjustment in standby charges.
(c) As used in this section, the following terms have the following meanings:
(1) “Eligible customer” means a customer who has installed a microgeneration facility as defined in subdivision (f) of Section 331, or a renewable facility or a facility that is powered by stranded California natural gas, but does not include any facility that is powered by diesel fuel, on or after 90 days from the effective date of the act adding this section, if that facility meets all of the following requirements:
(A) Is operated in parallel with the electrical corporation’s transmission and distribution system.
(B) Is subject to the electrical corporation’s standby tariff.
(C) Is in full compliance with the best available control technology (BACT).
(2) “Renewable facility” means a facility of less than one megawatt that does not meet the definition of a conventional power source, as defined in Section 2805.
(d) This section does not apply to those eligible customer-generators that are not assessed standby charges pursuant to subdivision (d) of Section 2827.

SEC. 2.

 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.