BILL NUMBER: SBX2 68	CHAPTERED
	BILL TEXT

	CHAPTER  2
	FILED WITH SECRETARY OF STATE  AUGUST 13, 2001
	APPROVED BY GOVERNOR  AUGUST 11, 2001
	PASSED THE ASSEMBLY  JULY 20, 2001
	PASSED THE SENATE  JUNE 7, 2001
	AMENDED IN SENATE  JUNE 7, 2001
	AMENDED IN SENATE  MAY 31, 2001

INTRODUCED BY   Senator Battin
   (Coauthors:  Senators Brulte, Haynes, Johannessen, Margett, Ortiz,
and Poochigian)
   (Coauthors:  Assembly Members Ashburn, Bogh, Cogdill, Cox, Leach,
Leslie, Rod Pacheco, and Wyman)

                        MAY 17, 2001

   An act to amend Section 2772 of the Public Utilities Code,
relating to electricity, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 68, 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 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 would 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.
   The bill would declare that it is to take effect immediately as an
urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  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) 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.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order for the Public Utilities Commission to consider in the
establishment of use priorities the potential effect of extreme
temperatures on residential customers at the earliest possible time,
thereby ensuring their health and safety, it is necessary that this
act take effect immediately.