BILL NUMBER: AB 1235 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 5, 2001
AMENDED IN SENATE JULY 9, 2001
AMENDED IN ASSEMBLY APRIL 17, 2001
INTRODUCED BY Assembly Member Pescetti
FEBRUARY 23, 2001
An act to add Section 329 to the Public Utilities Code,
relating to public utilities. An act to add and repeal
Section 25913 of the Public Resources Code, and to add Section 329
to the Public Utilities Code, relating to energy.
LEGISLATIVE COUNSEL'S DIGEST
AB 1235, as amended, Pescetti. Natural gas: gas corporations:
service.
(1) Existing law authorizes the State Energy Resources
Conservation and Development Commission to adopt regulations
pertaining to certain types of insulation materials.
This bill, until January 1, 2007, would authorize the commission
to adopt regulations governing the use of products to seal the joints
and seams of duct systems and their components, if those regulations
are based on conclusive, objective, peer-reviewed research that
meets specified criteria.
(2) The Public Utilities Act requires the Public Utilities
Commission to require each gas corporation to provide bundled basic
gas service to all core customers in its service territory unless the
customer chooses or contracts to have natural gas purchased and
supplied by another entity.
This bill would amend the act to prohibit a customer that receives
noncore service, as defined, from switching to core procurement
service, as defined, unless the customer meets certain requirements.
The bill would provide that the commission shall not be prohibited
from placing additional restrictions on the ability of noncore
service customers to switch to core procurement service. Because a
violation of the act is a crime, this bill, by prescribing new
requirements for gas corporations, would impose a state-mandated
local program by changing the definition of a crime.
(2)
(3) 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.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25913 is added to the Public Resources
Code, to read:
25913. (a) The commission may adopt regulations governing the use
of products to seal the joints and seams of duct systems and their
components, if those regulations are based on conclusive, objective,
peer-reviewed research that meets all of the following criteria:
(1) The products that are subject of the research are manufactured
in accordance with Standards 181, 181A, or 181B adopted by the
Underwriters Laboratory, Inc.
(2) The products that are the subject of the research are tested
in accordance with all nationally recognized application standards,
including those adopted by Underwriters Laboratories, Inc., the
Uniform Mechanical Code, and the National Fire Protection
Association.
(3) The products that are the subject of the research are tested
in accordance with testing methods approved by the American Society
of Testing and Materials.
(4) The products that are the subject of the research are tested
to determine, at a minimum, tensile strength, peel adhesion strength,
shear adhesion strength under a variety of weights, temperatures,
humidity levels, and longevity.
(b) (1) Any regulations adopted by the commission pursuant to
subdivision (a) shall specify that joints and seams of duct systems
and their components shall not be sealed with cloth back rubber
adhesive duct tape, unless the tape complies with Standard 181 or
181B adopted by Underwriters Laboratories, Inc., but may be used in
combination with drawbands.
(2) For purposes of this subdivision, "drawbands" are mechanical
clamps that comply with Standard 181, 181A, or 181B adopted by
Underwriters Laboratories, Inc.
(c) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2007, deletes or extends
that date.
SEC. 2. Section 329 is added to the Public Utilities Code,
to read:
329. (a) As used in this section, the following terms have the
following meanings:
(1) "Core procurement service" means that a customer is provided
basic gas service as specified in Section 328, and meets the
definition for core service specified under the filed tariffs of the
gas corporation.
(2) "Noncore service" means that a customer meets the usage
requirements specified under the filed tariffs of the gas corporation
and has elected to not be provided with core procurement. Noncore
customers are restricted from purchasing gas from the gas
corporation.
(b) A customer that receives noncore service may not switch to
core procurement service unless the customer agrees, in writing, to
remain on core service tariffs for a minimum period to be determined
by the commission, but which shall not be less than five years. In
addition, the commission shall require a noncore service customer to
provide sufficient notice to the gas corporation of its intent to
switch to core procurement service so that the gas corporation has a
reasonable period of time to plan for the procurement of incremental
gas supplies. The notice period shall be not less than 6 months.
(c) This section shall not be construed as prohibiting the
commission from placing additional restrictions on the ability of
noncore service customers to switch to core procurement service.
SEC. 2.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB 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 XIIIB of the California Constitution.