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AB-2068 Electricity: rates: public schools.(2017-2018)

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Date Published: 02/07/2018 09:00 PM
AB2068:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2068


Introduced by Assembly Member Chu

February 07, 2018


An act to add Section 35178.5 to the Education Code, and to add Chapter 8 (commencing with Section 8500) to Division 4.1 of the Public Utilities Code, relating to electricity.


LEGISLATIVE COUNSEL'S DIGEST


AB 2068, as introduced, Chu. Electricity: rates: public schools.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including gas corporations, as defined, while local publicly owned electric utilities, as defined, are under the direction of their governing boards. Existing law authorizes the Public Utilities Commission to fix the rates and charges for every public utility, and requires that those rates and charges be just and reasonable.
This bill would require the commission to require electrical corporations to develop a rate for certain public schools that provides a 35% discount from the rate of a similarly situated class of ratepayers.
This bill would require the governing board of a local publicly owned electric utility to develop a rate for certain public schools that provides a 35% discount from the rate of a similarly situated class of ratepayers.
By imposing additional duties on local agencies, this bill would impose a state-mandated local program.
This bill would require the governing board of a school district to expend any monetary savings resulting from a rate discounted pursuant to the bill for the public school that is subject to the discounted rate. Because the governing board of a school district would be required to determine the monetary savings, this bill would impose a state-mandated local program.
Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because a violation of an order or decision of the commission implementing the requirements of the bill would be a crime, the bill 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 with regard to certain mandates no reimbursement is required by this act for specified reasons.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 It is the intent of the Legislature in enacting this act to ensure that public schools are provided with affordable energy.

SEC. 2.

 Section 35178.5 is added to the Education Code, to read:

35178.5.
 The governing board of a school district shall expend any monetary savings resulting from a discounted rate developed pursuant to Section 8390 of the Public Utilities Code for the public school that is subject to the discounted rate.

SEC. 3.

 Chapter 8 (commencing with Section 8500) is added to Division 4.1 of the Public Utilities Code, to read:
CHAPTER  8. Public School Facilities

8500.
 (a) For purposes of this section, “eligible public school” means a public school, including a charter school, maintaining a kindergarten or any of grades 1 to 12, inclusive, that satisfies any of the following conditions:
(1) Receives program funding pursuant to Title I of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.).
(2) Has at least 40 percent of its pupils who qualify for free or reduced price meals.
(3) Has at least 25 percent of its pupils who are classified as English learners within the meaning of Section 42238.02 of the Education Code.
(4) Generates at least 10 percent of its electrical needs onsite from renewable or other sources.
(b) The commission shall require retail sellers, as defined in Section 399.12, to develop a rate for eligible public schools that provides a 35 percent discount from the rate of a similarly situated class of ratepayers.
(c) The governing board of a local publicly owned electric utility shall develop a rate for eligible public schools that provides a 35 percent discount from the rate of a similarly situated class of ratepayers.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because 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.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.