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SB-1117 Master-meter customers: electrical or gas service.(2019-2020)

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Date Published: 09/29/2020 02:00 PM
SB1117:v95#DOCUMENT

Senate Bill No. 1117
CHAPTER 164

An act to amend Section 739.5 of the Public Utilities Code, relating to energy.

[ Approved by Governor  September 25, 2020. Filed with Secretary of State  September 25, 2020. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1117, Monning. Master-meter customers: electrical or gas service.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations and gas corporations. Existing law contains various provisions relative to the responsibilities of a gas or electrical corporation and master-meter customer when gas or electrical service is provided by a master-meter customer to users who are tenants of a mobilehome park, apartment building, or similar residential complex, including a requirement that the master-meter customer charge each user at the same rate that would be applicable if the user were receiving gas or electricity directly from the gas corporation or electric corporation.
This bill would replace “electrical corporation” with “load-serving entity,” defined as including electrical corporations, community choice aggregators, and electric service providers, in many of these provisions relative to the responsibilities of an electrical corporation and master-meter customer when electrical service is provided by a master-meter customer to users who are tenants of a mobilehome park, apartment building, or similar residential complex.
Existing law requires master-meter customers that receive a rebate for electrical or gas service to distribute the rebate to, or credit the rebate to the account of, current users served by the master-meter customer, as specified.
The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to approve a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level by 2030. The state board is authorized to include market-based compliance mechanisms to comply with the regulations. The implementing regulations adopted by the state board provide for the direct allocation of greenhouse gas allowances to electric utilities, including electrical corporations, pursuant to a market-based compliance mechanism.
With respect to greenhouse gas allowances directly allocated to electrical corporations, existing law authorizes the commission to allocate 15% of the revenues generated by the sale of the allowances for clean energy and energy efficiency projects established pursuant to statute that are administered by electrical corporations and requires the commission to direct that the balance of the revenues be credited directly to the residential, small business, and emissions-intensive trade-exposed retail customers of the electrical corporations, as specified.
This bill would expressly provide that the above-described requirement for the distribution of rebates received by master-meter customers includes the credits received by those customers from revenues generated by the sale of the direct allocation of greenhouse gas allowances to an electrical corporation.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 739.5 of the Public Utilities Code is amended to read:

739.5.
 (a) The commission shall require that, whenever gas or electrical service, or both, is provided by a master-meter customer to users who are tenants of a mobilehome park, apartment building, or similar residential complex, the master-meter customer shall charge each user of the service at the same rate that would be applicable if the user were receiving gas or electricity, or both, directly from the gas corporation or load-serving entity, as defined in Section 380. The commission shall require a gas or electrical corporation furnishing service to the master-meter customer to establish uniform rates for master-meter service at a level that will provide a sufficient differential to cover the reasonable average costs to master-meter customers of providing submeter service, except that these costs shall not exceed the average cost that the gas or electrical corporation would have incurred in providing comparable services directly to the users of the service.
(b) (1) Every master-meter customer of a gas corporation or load-serving entity subject to subdivision (a) who, on or after January 1, 1978, receives any rebate from a load-serving entity or gas corporation shall distribute to, or credit to the account of, each current user served by the master-meter customer that portion of the rebate which the amount of gas or electricity, or both, consumed by the user during the last billing period bears to the total amount furnished by the load-serving entity or gas corporation to the master-meter customer during that period.
(2) Paragraph (1) includes the credits stemming from the revenues received by the electrical corporation as a result of the direct allocation of greenhouse gas allowances to electric utilities pursuant to subdivision (b) of Section 95890 of Title 17 of the California Code of Regulations, that are required to be credited to customers of the electrical corporation pursuant to Section 748.5.
(c) An electrical or gas corporation furnishing service to a master-meter customer shall furnish to each user of the service within a submetered system every public safety customer service which it provides beyond the meter to its other residential customers. The corporation shall furnish a list of those services to the master-meter customer who shall post the list in a conspicuous place accessible to all users. Every corporation shall provide these public safety customer services to each user of electrical or gas service under a submetered system without additional charge unless the corporation has included the average cost of these services in the rate differential provided to the master-meter customer on January 1, 1984, in which case the commission shall deduct the average cost of providing these public safety customer services when approving rate differentials for master-meter customers.
(d) Every master-meter customer is responsible for maintenance and repair of its submeter facilities beyond the master-meter, and nothing in this section requires a load-serving entity or gas corporation to make repairs to or perform maintenance on the submeter system.
(e) Every master-meter customer shall provide an itemized billing of charges for electricity or gas, or both, to each individual user generally in accordance with the form and content of bills of the load-serving entity or gas corporation to its residential customers, including, but not limited to, the opening and closing readings for the meter, and the identification of all rates and quantities attributable to each block in the applicable rate structure. The master-meter customer shall also post, in a conspicuous place, the applicable specific current residential gas or electrical rate schedule, as published by the load-serving entity or gas corporation, or the load-serving entity’s or gas corporation’s internet website address of the specific current residential gas or electrical rate schedule. If the master-meter customer elects to post the internet website address where the schedule may be accessed, the master-meter customer shall also: (1) provide a copy of the specific current residential gas or electrical rate schedule, upon request, at no cost; and (2) state in the posting that an individual user may request a copy of the rate schedule from the master-meter customer.
(f) The commission shall require that every load-serving entity and gas corporation shall notify each master-meter customer of its responsibilities to its users under this section.
(g) The commission shall accept and respond to complaints concerning the requirements of this section that apply to a gas or electrical corporation through the consumer affairs branch, in addition to any other staff that the commission deems necessary to assist the complainant. In responding to the complaint, the commission shall consider the role that the office of the county sealer in the complainant’s county of residence may have in helping to resolve the complaint and, where appropriate, coordinate with that office.
(h) Notwithstanding any other provision of law or decision of the commission, the commission shall not deny eligibility for the California Alternative Rates for Energy (CARE) program, created pursuant to Section 739.1, for a residential user of gas or electrical service who is a submetered resident or tenant served by a master-meter customer on the basis that some residential units in the master-meter customer’s mobilehome park, apartment building, or similar residential complex do not receive gas or electrical service through a submetered system.
(i) For purposes of this section, “rebate” does not include the award of a monetary incentive under the California Solar Initiative adopted by the Public Utilities Commission in Decision 05-12-044 and Decision 06-01-024, as modified by Article 1 (commencing with Section 2851) of Chapter 9 of Part 2, for a solar energy system that provides electrical generation to a mobilehome park.