BILL NUMBER: SBX2 68	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 31, 2001

INTRODUCED BY   Senator Battin
    (Coauthors:  Senators Brulte and Poochigian) 

                        MAY 17, 2001

   An act to amend Section 2772 of  , and to add Section
351.5 to,  the Public Utilities Code, relating to
electricity.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 68, as amended, Battin.  Electricity:  blackouts.
   Existing law requires the Public Utilities Commission to establish
priorities among the types or categories of customers of every
electrical corporation and every gas corporation, and among the uses
of electricity or gas by those customers.  In establishing those
priorities, existing law requires the commission to consider certain
factors, as prescribed.
   This bill would also require the commission in establishing use
priorities to  include the effect on the health and safety of
persons in zones or regions that exceed a temperature of 105 degrees
as a priority in making the determination under those provisions.
   Existing law requires the Independent System Operator to manage
the transmission of electricity.
   This bill would require the Independent System Operator to
consider the effect of zones or regions that reach or exceed a
temperature of 105 degrees on the health and safety of persons in a
geographic area before ordering rolling blackouts in the geographic
area   make a determination of the potential effect of
extreme temperatures on the health and safety of residential
customers.  In making this determination, the bill would require the
commission to consult with appropriate medical experts and review
appropriate literature and research, consider whether providing
priority to customers experiencing extreme temperatures would result
in increased outage frequency and duration for remaining customers
and its effect on their health and safety, and consider whether
alternative measures would be appropriate.  The bill authorize the
commission, to the extent it determines it is in the public interest,
to provide priority to customers experiencing extreme temperatures
only when temperatures are extreme  .
   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.  The Legislature finds and declares all of the
following:
   (a) Several cities experience temperatures on average that exceed
105 degrees.
   (b) A number of illnesses and deaths result each year from
overexposure to heat.
   (c) Without electricity, individuals within these areas will be
potentially exposed to dangerous circumstances that could lead to
these illnesses and death.
   (d) For all of the reasons specified in the section, the Public
Utilities Commission and the Independent System Operator should take
this act into account before ordering rolling blackouts in regions
where the temperature exceeds 105 degrees.
  SEC. 2.  Section 351.5 is added to the Public Utilities Code, to
read:
   351.5.  Notwithstanding any other provision of law, the
Independent System Operator shall consider the effect in zones or
regions that reach or exceed a temperature of 105 degrees on the
health and safety of persons in a geographic area before ordering
rolling blackouts in the geographic area.
  SEC. 3.  
  SECTION 1.   Section 2772 of the Public Utilities Code is
amended to read:
   2772.  In establishing the priorities pursuant to Section 2771,
the commission shall include, but not be limited to, a consideration
of all the following:
   (a) A determination of the customers and uses of electricity and
gas, in descending order of priority, which provide the most
important public benefits and serve the greatest public need.
   (b) A determination of the customers and uses of electricity and
gas which are not included under subdivision (a).
   (c) A determination of the economic, social, and other effects of
a temporary discontinuance in electrical or gas service to the
customers or for the uses determined in accordance with subdivision
(a) or (b).  
   (d) The effect on the health and safety of persons in zones or
regions that exceed a temperature of 105 degrees shall be a priority
in making the determination under this section.  
   (d) A determination of the potential effect of extreme
temperatures on the health and safety of residential customers.  In
making this determination, the commission shall do all of the
following:
   (1) Consult with appropriate medical experts and review
appropriate literature and research.
   (2) Consider whether providing priority to customers experiencing
extreme temperatures would result in increased outage frequency and
duration for remaining customers and its effect on the health and
safety of those remaining customers.
   (3) To the extent the commission determines it is in the public
interest to provide priority to customers that experience extreme
temperatures, it shall provide that priority only when temperatures
are extreme.
   (4) Consider whether alternative measures are appropriate,
including, but not limited to, reducing the duration of the outage or
imposing the outage earlier or later in the day. 
   (e) Any curtailment or allocation rules, orders, or regulations
issued by any agency of the federal government.