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AB-397 Public utilities: facility modernization.(2017-2018)

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Date Published: 02/09/2017 09:00 PM
AB397:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 397


Introduced by Assembly Member Gipson

February 09, 2017


An act to add Section 762.7 to the Public Utilities Code, relating to public utilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 397, as introduced, Gipson. Public utilities: facility modernization.
The Public Utilities Act vests the Public Utilities Commission with regulatory authority over public utilities, including electrical and gas corporations. Existing law authorizes the commission to fix the rates and charges for every public utility and requires those rates to be just and reasonable. Existing law authorizes the commission, after a hearing, to make and serve an order directing additions, extensions, repairs, improvements, or other changes be made to existing plant, equipment, apparatus, facilities, or other physical property of a public utility, if it makes certain findings.
This bill would require the commission to require an electrical or gas corporation to give preference to the modernization of its facilities serving disadvantaged communities if the corporation is authorized to collect ratepayer funds for the modernization of its facilities.
Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.
Because the provisions of this bill are within the act, a violation of these provisions would impose a state-mandated local program by creating a new crime.
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 762.7 is added to the Public Utilities Code, to read:

762.7.
 The commission shall require an electrical or gas corporation to give preference to the modernization of its facilities serving disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code, if the electrical or gas corporation is authorized to collect ratepayer funds for the modernization of its facilities.

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.