Amended IN Assembly April 03, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1293Introduced by Assembly Member IrwinFebruary 17, 2017An act to amend Section 464 of the Public Utilities Code, relating to utility rates. An act to add Chapter 7 (commencing with Section 8400) to Division 4.1 of the Public Utilities Code, relating to electricity.LEGISLATIVE COUNSEL'S DIGESTAB 1293, as amended, Irwin. Public utilities: rates. Electricity: rates: proposed investments: data.Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical 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 local publicly owned electric utilities, when adjusting their rates, to collect and analyze data supporting their proposed investments in the electrical grid, and would require each electrical corporation with more than 100,000 customer accounts in California, as part of its general rate case application, to submit data, and an analysis of that data, supporting its proposed investments in the electrical grid to the commission. The bill would require local publicly owned electric utilities and these electrical corporations to make their data and analyses publicly available and, upon request, to electronically transfer their data and analyses to the requester. The bill would require that the data and analyses be in a digital, machine-readable format.By imposing additional duties on local agencies, 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 no reimbursement is required by this act for specified reasons.Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations and gas corporations. Existing law authorizes the commission to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. Existing law requires the commission and the Electricity Oversight Board to jointly facilitate the efforts of the states transmission owning electrical corporations to obtain authorization from the Federal Energy Regulatory Commission to recover reasonable expenditures made to plan, design, and engineer reconfiguration, replacement, or expansion of transmission facilities for the purposes of facilitating competition in electrical generation markets, ensuring open access and comparable service, or maintaining or enhancing reliability, whether or not these expenditures are for transmission facilities that become operational.This bill would make nonsubstantive changes in the language requiring that the commission and the Electricity Oversight Board jointly facilitate the efforts of the states transmission owning electrical corporations to obtain authorization from the Federal Energy Regulatory Commission to recover the above-described transmission related expenses.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to require maximum transparency and public review of technical data and analysis supporting proposed investments in the electrical grid by large electrical corporations and local publicly owned electric utilities.SEC. 2. Chapter 7 (commencing with Section 8400) is added to Division 4.1 of the Public Utilities Code, to read: CHAPTER 7. Ratemaking8400. (a) A local publicly owned electric utility, when adjusting its rates, shall collect and analyze data supporting its proposed investments in the electrical grid.(b) The local publicly owned electric utility shall make the data and analysis publicly available, and shall, upon request, electronically transfer the data and analysis to the requester, who shall have flexible access to the information, as determined by the governing body of the local publicly owned electric utility.(c) The local publicly owned electric utility shall ensure that the data and analysis is secure and that customer information remains confidential, while also maximizing the accessibility and usefulness of the information, as determined by the governing board of the local publicly owned electric utility.(d) The data and analysis shall be in a digital, machine-readable format.8401. (a) An electrical corporation, as part of its general rate case application, shall submit data, and an analysis of that data, supporting its proposed investments in the electrical grid to the commission.(b) The electrical corporation shall make the data and analysis publicly available, and shall, upon request, electronically transfer the data and analysis to the requester, who shall have flexible access to the information, as determined by the commission.(c) The electrical corporation shall ensure that the data and analysis is secure and that customer information remains confidential, while also maximizing the accessibility and usefulness of the information, as determined by the commission.(d) The data and analysis shall be in a digital, machine-readable format.(e) This section shall only apply to an electrical corporation with more than 100,000 customer accounts in California.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.SECTION 1.Section 464 of the Public Utilities Code is amended to read:464.(a)Reasonable expenditures by transmission owners that are electrical corporations to plan, design, and engineer reconfiguration, replacement, or expansion of transmission facilities are in the public interest and are deemed prudent if made for the purpose of facilitating competition in electrical generation markets, ensuring open access and comparable service, or maintaining or enhancing reliability, whether or not these expenditures are for transmission facilities that become operational.(b)The commission and the Electricity Oversight Board shall jointly facilitate the efforts of the states transmission owning electrical corporations to obtain authorization from the Federal Energy Regulatory Commission to recover reasonable expenditures made for the purposes stated in subdivision (a).(c)Nothing in this section alters or affects the recovery of the reasonable costs of other electrical facilities in rates pursuant to the commissions existing ratemaking authority under this code or pursuant to the Federal Power Act (41 Stat. 1063; 16 U.S.C. Secs. 791a, et seq.). The commission may periodically review and adjust depreciation schedules and rates authorized for an electric plant that is under the jurisdiction of the commission and owned by an electrical corporation and periodically review and adjust depreciation schedules and rates authorized for a gas plant that is under the jurisdiction of the commission and owned by a gas corporation, consistent with this code. Amended IN Assembly April 03, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1293Introduced by Assembly Member IrwinFebruary 17, 2017An act to amend Section 464 of the Public Utilities Code, relating to utility rates. An act to add Chapter 7 (commencing with Section 8400) to Division 4.1 of the Public Utilities Code, relating to electricity.LEGISLATIVE COUNSEL'S DIGESTAB 1293, as amended, Irwin. Public utilities: rates. Electricity: rates: proposed investments: data.Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical 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 local publicly owned electric utilities, when adjusting their rates, to collect and analyze data supporting their proposed investments in the electrical grid, and would require each electrical corporation with more than 100,000 customer accounts in California, as part of its general rate case application, to submit data, and an analysis of that data, supporting its proposed investments in the electrical grid to the commission. The bill would require local publicly owned electric utilities and these electrical corporations to make their data and analyses publicly available and, upon request, to electronically transfer their data and analyses to the requester. The bill would require that the data and analyses be in a digital, machine-readable format.By imposing additional duties on local agencies, 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 no reimbursement is required by this act for specified reasons.Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations and gas corporations. Existing law authorizes the commission to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. Existing law requires the commission and the Electricity Oversight Board to jointly facilitate the efforts of the states transmission owning electrical corporations to obtain authorization from the Federal Energy Regulatory Commission to recover reasonable expenditures made to plan, design, and engineer reconfiguration, replacement, or expansion of transmission facilities for the purposes of facilitating competition in electrical generation markets, ensuring open access and comparable service, or maintaining or enhancing reliability, whether or not these expenditures are for transmission facilities that become operational.This bill would make nonsubstantive changes in the language requiring that the commission and the Electricity Oversight Board jointly facilitate the efforts of the states transmission owning electrical corporations to obtain authorization from the Federal Energy Regulatory Commission to recover the above-described transmission related expenses.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Amended IN Assembly April 03, 2017 Amended IN Assembly April 03, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1293 Introduced by Assembly Member IrwinFebruary 17, 2017 Introduced by Assembly Member Irwin February 17, 2017 An act to amend Section 464 of the Public Utilities Code, relating to utility rates. An act to add Chapter 7 (commencing with Section 8400) to Division 4.1 of the Public Utilities Code, relating to electricity. LEGISLATIVE COUNSEL'S DIGEST ## LEGISLATIVE COUNSEL'S DIGEST AB 1293, as amended, Irwin. Public utilities: rates. Electricity: rates: proposed investments: data. Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical 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 local publicly owned electric utilities, when adjusting their rates, to collect and analyze data supporting their proposed investments in the electrical grid, and would require each electrical corporation with more than 100,000 customer accounts in California, as part of its general rate case application, to submit data, and an analysis of that data, supporting its proposed investments in the electrical grid to the commission. The bill would require local publicly owned electric utilities and these electrical corporations to make their data and analyses publicly available and, upon request, to electronically transfer their data and analyses to the requester. The bill would require that the data and analyses be in a digital, machine-readable format.By imposing additional duties on local agencies, 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 no reimbursement is required by this act for specified reasons.Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations and gas corporations. Existing law authorizes the commission to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. Existing law requires the commission and the Electricity Oversight Board to jointly facilitate the efforts of the states transmission owning electrical corporations to obtain authorization from the Federal Energy Regulatory Commission to recover reasonable expenditures made to plan, design, and engineer reconfiguration, replacement, or expansion of transmission facilities for the purposes of facilitating competition in electrical generation markets, ensuring open access and comparable service, or maintaining or enhancing reliability, whether or not these expenditures are for transmission facilities that become operational.This bill would make nonsubstantive changes in the language requiring that the commission and the Electricity Oversight Board jointly facilitate the efforts of the states transmission owning electrical corporations to obtain authorization from the Federal Energy Regulatory Commission to recover the above-described transmission related expenses. Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical 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 local publicly owned electric utilities, when adjusting their rates, to collect and analyze data supporting their proposed investments in the electrical grid, and would require each electrical corporation with more than 100,000 customer accounts in California, as part of its general rate case application, to submit data, and an analysis of that data, supporting its proposed investments in the electrical grid to the commission. The bill would require local publicly owned electric utilities and these electrical corporations to make their data and analyses publicly available and, upon request, to electronically transfer their data and analyses to the requester. The bill would require that the data and analyses be in a digital, machine-readable format. By imposing additional duties on local agencies, 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 no reimbursement is required by this act for specified reasons. Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations and gas corporations. Existing law authorizes the commission to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. Existing law requires the commission and the Electricity Oversight Board to jointly facilitate the efforts of the states transmission owning electrical corporations to obtain authorization from the Federal Energy Regulatory Commission to recover reasonable expenditures made to plan, design, and engineer reconfiguration, replacement, or expansion of transmission facilities for the purposes of facilitating competition in electrical generation markets, ensuring open access and comparable service, or maintaining or enhancing reliability, whether or not these expenditures are for transmission facilities that become operational. This bill would make nonsubstantive changes in the language requiring that the commission and the Electricity Oversight Board jointly facilitate the efforts of the states transmission owning electrical corporations to obtain authorization from the Federal Energy Regulatory Commission to recover the above-described transmission related expenses. ## Digest Key ## Bill Text The people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to require maximum transparency and public review of technical data and analysis supporting proposed investments in the electrical grid by large electrical corporations and local publicly owned electric utilities.SEC. 2. Chapter 7 (commencing with Section 8400) is added to Division 4.1 of the Public Utilities Code, to read: CHAPTER 7. Ratemaking8400. (a) A local publicly owned electric utility, when adjusting its rates, shall collect and analyze data supporting its proposed investments in the electrical grid.(b) The local publicly owned electric utility shall make the data and analysis publicly available, and shall, upon request, electronically transfer the data and analysis to the requester, who shall have flexible access to the information, as determined by the governing body of the local publicly owned electric utility.(c) The local publicly owned electric utility shall ensure that the data and analysis is secure and that customer information remains confidential, while also maximizing the accessibility and usefulness of the information, as determined by the governing board of the local publicly owned electric utility.(d) The data and analysis shall be in a digital, machine-readable format.8401. (a) An electrical corporation, as part of its general rate case application, shall submit data, and an analysis of that data, supporting its proposed investments in the electrical grid to the commission.(b) The electrical corporation shall make the data and analysis publicly available, and shall, upon request, electronically transfer the data and analysis to the requester, who shall have flexible access to the information, as determined by the commission.(c) The electrical corporation shall ensure that the data and analysis is secure and that customer information remains confidential, while also maximizing the accessibility and usefulness of the information, as determined by the commission.(d) The data and analysis shall be in a digital, machine-readable format.(e) This section shall only apply to an electrical corporation with more than 100,000 customer accounts in California.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.SECTION 1.Section 464 of the Public Utilities Code is amended to read:464.(a)Reasonable expenditures by transmission owners that are electrical corporations to plan, design, and engineer reconfiguration, replacement, or expansion of transmission facilities are in the public interest and are deemed prudent if made for the purpose of facilitating competition in electrical generation markets, ensuring open access and comparable service, or maintaining or enhancing reliability, whether or not these expenditures are for transmission facilities that become operational.(b)The commission and the Electricity Oversight Board shall jointly facilitate the efforts of the states transmission owning electrical corporations to obtain authorization from the Federal Energy Regulatory Commission to recover reasonable expenditures made for the purposes stated in subdivision (a).(c)Nothing in this section alters or affects the recovery of the reasonable costs of other electrical facilities in rates pursuant to the commissions existing ratemaking authority under this code or pursuant to the Federal Power Act (41 Stat. 1063; 16 U.S.C. Secs. 791a, et seq.). The commission may periodically review and adjust depreciation schedules and rates authorized for an electric plant that is under the jurisdiction of the commission and owned by an electrical corporation and periodically review and adjust depreciation schedules and rates authorized for a gas plant that is under the jurisdiction of the commission and owned by a gas corporation, consistent with this code. The people of the State of California do enact as follows: ## The people of the State of California do enact as follows: SECTION 1. It is the intent of the Legislature to require maximum transparency and public review of technical data and analysis supporting proposed investments in the electrical grid by large electrical corporations and local publicly owned electric utilities. SECTION 1. It is the intent of the Legislature to require maximum transparency and public review of technical data and analysis supporting proposed investments in the electrical grid by large electrical corporations and local publicly owned electric utilities. SECTION 1. It is the intent of the Legislature to require maximum transparency and public review of technical data and analysis supporting proposed investments in the electrical grid by large electrical corporations and local publicly owned electric utilities. ### SECTION 1. SEC. 2. Chapter 7 (commencing with Section 8400) is added to Division 4.1 of the Public Utilities Code, to read: CHAPTER 7. Ratemaking8400. (a) A local publicly owned electric utility, when adjusting its rates, shall collect and analyze data supporting its proposed investments in the electrical grid.(b) The local publicly owned electric utility shall make the data and analysis publicly available, and shall, upon request, electronically transfer the data and analysis to the requester, who shall have flexible access to the information, as determined by the governing body of the local publicly owned electric utility.(c) The local publicly owned electric utility shall ensure that the data and analysis is secure and that customer information remains confidential, while also maximizing the accessibility and usefulness of the information, as determined by the governing board of the local publicly owned electric utility.(d) The data and analysis shall be in a digital, machine-readable format.8401. (a) An electrical corporation, as part of its general rate case application, shall submit data, and an analysis of that data, supporting its proposed investments in the electrical grid to the commission.(b) The electrical corporation shall make the data and analysis publicly available, and shall, upon request, electronically transfer the data and analysis to the requester, who shall have flexible access to the information, as determined by the commission.(c) The electrical corporation shall ensure that the data and analysis is secure and that customer information remains confidential, while also maximizing the accessibility and usefulness of the information, as determined by the commission.(d) The data and analysis shall be in a digital, machine-readable format.(e) This section shall only apply to an electrical corporation with more than 100,000 customer accounts in California. SEC. 2. Chapter 7 (commencing with Section 8400) is added to Division 4.1 of the Public Utilities Code, to read: ### SEC. 2. CHAPTER 7. Ratemaking8400. (a) A local publicly owned electric utility, when adjusting its rates, shall collect and analyze data supporting its proposed investments in the electrical grid.(b) The local publicly owned electric utility shall make the data and analysis publicly available, and shall, upon request, electronically transfer the data and analysis to the requester, who shall have flexible access to the information, as determined by the governing body of the local publicly owned electric utility.(c) The local publicly owned electric utility shall ensure that the data and analysis is secure and that customer information remains confidential, while also maximizing the accessibility and usefulness of the information, as determined by the governing board of the local publicly owned electric utility.(d) The data and analysis shall be in a digital, machine-readable format.8401. (a) An electrical corporation, as part of its general rate case application, shall submit data, and an analysis of that data, supporting its proposed investments in the electrical grid to the commission.(b) The electrical corporation shall make the data and analysis publicly available, and shall, upon request, electronically transfer the data and analysis to the requester, who shall have flexible access to the information, as determined by the commission.(c) The electrical corporation shall ensure that the data and analysis is secure and that customer information remains confidential, while also maximizing the accessibility and usefulness of the information, as determined by the commission.(d) The data and analysis shall be in a digital, machine-readable format.(e) This section shall only apply to an electrical corporation with more than 100,000 customer accounts in California. CHAPTER 7. Ratemaking8400. (a) A local publicly owned electric utility, when adjusting its rates, shall collect and analyze data supporting its proposed investments in the electrical grid.(b) The local publicly owned electric utility shall make the data and analysis publicly available, and shall, upon request, electronically transfer the data and analysis to the requester, who shall have flexible access to the information, as determined by the governing body of the local publicly owned electric utility.(c) The local publicly owned electric utility shall ensure that the data and analysis is secure and that customer information remains confidential, while also maximizing the accessibility and usefulness of the information, as determined by the governing board of the local publicly owned electric utility.(d) The data and analysis shall be in a digital, machine-readable format.8401. (a) An electrical corporation, as part of its general rate case application, shall submit data, and an analysis of that data, supporting its proposed investments in the electrical grid to the commission.(b) The electrical corporation shall make the data and analysis publicly available, and shall, upon request, electronically transfer the data and analysis to the requester, who shall have flexible access to the information, as determined by the commission.(c) The electrical corporation shall ensure that the data and analysis is secure and that customer information remains confidential, while also maximizing the accessibility and usefulness of the information, as determined by the commission.(d) The data and analysis shall be in a digital, machine-readable format.(e) This section shall only apply to an electrical corporation with more than 100,000 customer accounts in California. CHAPTER 7. Ratemaking CHAPTER 7. Ratemaking 8400. (a) A local publicly owned electric utility, when adjusting its rates, shall collect and analyze data supporting its proposed investments in the electrical grid.(b) The local publicly owned electric utility shall make the data and analysis publicly available, and shall, upon request, electronically transfer the data and analysis to the requester, who shall have flexible access to the information, as determined by the governing body of the local publicly owned electric utility.(c) The local publicly owned electric utility shall ensure that the data and analysis is secure and that customer information remains confidential, while also maximizing the accessibility and usefulness of the information, as determined by the governing board of the local publicly owned electric utility.(d) The data and analysis shall be in a digital, machine-readable format. 8400. (a) A local publicly owned electric utility, when adjusting its rates, shall collect and analyze data supporting its proposed investments in the electrical grid. (b) The local publicly owned electric utility shall make the data and analysis publicly available, and shall, upon request, electronically transfer the data and analysis to the requester, who shall have flexible access to the information, as determined by the governing body of the local publicly owned electric utility. (c) The local publicly owned electric utility shall ensure that the data and analysis is secure and that customer information remains confidential, while also maximizing the accessibility and usefulness of the information, as determined by the governing board of the local publicly owned electric utility. (d) The data and analysis shall be in a digital, machine-readable format. 8401. (a) An electrical corporation, as part of its general rate case application, shall submit data, and an analysis of that data, supporting its proposed investments in the electrical grid to the commission.(b) The electrical corporation shall make the data and analysis publicly available, and shall, upon request, electronically transfer the data and analysis to the requester, who shall have flexible access to the information, as determined by the commission.(c) The electrical corporation shall ensure that the data and analysis is secure and that customer information remains confidential, while also maximizing the accessibility and usefulness of the information, as determined by the commission.(d) The data and analysis shall be in a digital, machine-readable format.(e) This section shall only apply to an electrical corporation with more than 100,000 customer accounts in California. 8401. (a) An electrical corporation, as part of its general rate case application, shall submit data, and an analysis of that data, supporting its proposed investments in the electrical grid to the commission. (b) The electrical corporation shall make the data and analysis publicly available, and shall, upon request, electronically transfer the data and analysis to the requester, who shall have flexible access to the information, as determined by the commission. (c) The electrical corporation shall ensure that the data and analysis is secure and that customer information remains confidential, while also maximizing the accessibility and usefulness of the information, as determined by the commission. (d) The data and analysis shall be in a digital, machine-readable format. (e) This section shall only apply to an electrical corporation with more than 100,000 customer accounts in California. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. ### SEC. 3. (a)Reasonable expenditures by transmission owners that are electrical corporations to plan, design, and engineer reconfiguration, replacement, or expansion of transmission facilities are in the public interest and are deemed prudent if made for the purpose of facilitating competition in electrical generation markets, ensuring open access and comparable service, or maintaining or enhancing reliability, whether or not these expenditures are for transmission facilities that become operational. (b)The commission and the Electricity Oversight Board shall jointly facilitate the efforts of the states transmission owning electrical corporations to obtain authorization from the Federal Energy Regulatory Commission to recover reasonable expenditures made for the purposes stated in subdivision (a). (c)Nothing in this section alters or affects the recovery of the reasonable costs of other electrical facilities in rates pursuant to the commissions existing ratemaking authority under this code or pursuant to the Federal Power Act (41 Stat. 1063; 16 U.S.C. Secs. 791a, et seq.). The commission may periodically review and adjust depreciation schedules and rates authorized for an electric plant that is under the jurisdiction of the commission and owned by an electrical corporation and periodically review and adjust depreciation schedules and rates authorized for a gas plant that is under the jurisdiction of the commission and owned by a gas corporation, consistent with this code.