California Senate Bill SB1435 Amended / Bill

 BILL NUMBER: SB 1435AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 16, 2010 AMENDED IN SENATE APRIL 5, 2010 INTRODUCED BY  Senator   Padilla   Senators   Padilla   and Kehoe  FEBRUARY 19, 2010  An act to amend Section 25217.5 of, and to repeal the heading of Chapter 6.5 (commencing with Section 25550) of Division 15 of, the Public Resources Code, relating to energy.   An act to amend Section 216 of, and to add Chapter 3 (commencing with Section 4100) to Division 2 of, the Public Utilities Code, relating to electric vehicle charging stations.  LEGISLATIVE COUNSEL'S DIGEST SB 1435, as amended, Padilla.  State Energy Resources Conservation and Development Commission: chair: duties.   Electricity: electric and plug-in hybrid vehicles: charging stations.   (1) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, as defined. The existing Public Utilities Act requires every public utility to furnish and maintain adequate, efficient, just, and reasonable service, instrumentalities, equipment, and facilities as are necessary to promote the safety, health, comfort, and convenience of its patrons, employees, and the public.   This bill would provide that the ownership, control, operation, or management of a facility that supplies electricity only for use to power electric vehicles or plug-in hybrid vehicles does not make the corporation or person a public utility for purposes of the act.   (2) Existing law requires the Public Utilities Commission, in consultation with the State Energy Resources Conservation and Development Commission, the State Air Resources Board, electrical corporations, and the motor vehicle industry, to evaluate policies to develop infrastructure sufficient to overcome any barriers to the widespread deployment and use of plug-in hybrid and electric vehicles and, by July 1, 2011, to adopt rules that address specified matters.   This bill would require the Public Utilities Commission to adopt rules that are applicable to each facility that supplies electricity for use to power electric vehicles or plug-in hybrid vehicles, which is located within the service territory of an electrical corporation, to achieve certain results.   Existing law requires the Chair of the State Energy Resources Conservation and Development Commission to direct the adviser, the executive director, and other staff in the performance of their duties in conformance with the policies and guidelines established by the commission.   This bill would require the chair of the commission to also appear annually before the Senate Committee on Energy, Utilities and Communications and the Assembly Committee on Utilities and Commerce to report on the activities of the commission.  Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 25217.5 of the Public Resources Code is amended to read: 25217.5. The chair of the commission shall do both of the following: (a) Direct the adviser, the executive director, and other staff in the performance of their duties in conformance with the policies and guidelines established by the commission. (b) Annually appear before the Senate Committee on Energy, Utilities and Communications and the Assembly Committee on Utilities and Commerce to report on the activities of the commission.   SEC. 2.   The heading of Chapter 6.5 (commencing with Section 25550) of Division 15 of the Public Resources Code is repealed.   SECTION 1.   Section 216 of the   Public Utilities Code   is amended to read:  216. (a) "Public utility" includes every common carrier, toll bridge corporation, pipeline corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, sewer system corporation, and heat corporation, where the service is performed for, or the commodity is delivered to, the public or any portion thereof. (b) Whenever any common carrier, toll bridge corporation, pipeline corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, sewer system corporation, or heat corporation performs a service for, or delivers a commodity n onthereof for ch ompensation amn htovri ved, tcomon ier, oll de n, pipeline orporatio, corprton, lcrcl rpoain, eephne rporation, eegrap er orporto,sw system corporatios ublic ility ubject to jrsiton, l, commission and the provisions of this part. nd the provisions of this part. (c) When any person or corporation performs any service for, or delivers any commodiyto, any person, y, therpltcl subdivision of e t, that ihr niety, itely rimdtely, orms a vice fr,o ers that commodity to, ulic prtion pesn corpoainis ubli lit ubjectt uidictin ntrol regulation of e e provisions of this part. }(d) peration facility employs generto logy produces power fr e sourceiono ch loyslndfillgstcnlogy o ake corporatino ro ublicutiliywti meaningo s ership or operation clity. (e)Any n gaged ctly ndircl vloping, oducin, asitting, distributing, delivering,o o drvdfrom hermlo r ouces rmcgnration ecnlg any privately owne d blic tilit, to pubi yprion ref, nta ulc ility in maning of this ly by reason of engaging in any of those activities. }f po peraino aiiytat compesdntrlgs a l to the publ for ny a motor ehicefe, f presse uralgsa lfo ta the public use only a oo il uel, does ake o erson a ublic ity hin enn this tion ely because of htonrship e. P(g) o peration fafacility ht exempt esale generator, US.C. Sec. 16451(6)), aeacroain esnapublic lity thin meanigo hsscin ly e the eship eration of that facility. (h) oto,oeration, aeeto an crcplant d or c acions participation directly direct actions, as permitted by subdivision (b) of Section 365, sales t arket ablished pratedb e pendent tem Operator or any other wholesale akt r us sale erittedudrsbiiin t inclusv, ection shall t make ratin o n ulcuiitywthin eann i tion ey caus of wesi,priiain,o .  that lies electricit or to wer rcvehicles pu-nhbrid ehce oe o e coporationo ic utilithi ning this section solely caueof at nrhp management.  U}SEC.2U} Capter3(omnng wt ion 4100) is added t visio f e /}ulic lties } U HPER }ElectriclVhicle Charging Stations}}N . The Legislature finds and declares all of the following: P}(a e et yeasatmkr xpeced o ease electricvhicle models into frnia's market. plug-inhbid fit environmentb ucing tailpipe isos lectriiction etrnpraion ol ecnstruton mr ntioa oerlnsung fossil cesdpa nd loads reutn increase harging of those vehicles is not properly managed. P} (c) ic plug-in rdvhcle charing lpace new demands thestaes trical mission system, but managed properly that demand can benefit ratepayers. 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The commisinsalaopt lcbet ch lt t piseetiiyfrueto elecric veil or plug-in hybrid is located thin service rriory a tical pration, o achieve l of the foloig iz mpacsto eetial stribuion id aximiz tial enfits ratepayers h anagement ot rton eetric adpug-n rdvehicle ging fpa eros b ing need obuild new apacity and increasing the efficient use of existing generating capacity. P}(c the gration of ermittenteiil le ery soures t h ctrical smission and sources are more likely to be generating electricity. e more likely to be generating electricity. d oteue h nergy fiin ecrcand ug-nhybrid cles. E