BILL NUMBER: SB 107	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 9, 2003

INTRODUCED BY   Senator Bowen

                        JANUARY 30, 2003

   An act to  repeal Section 350 of   amend
Section 379.5 of, and to repeal Section 350 of,  the Public
Utilities Code, relating to electric power , and declaring the
urgency thereof, to take effect immediately  .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 107, as amended, Bowen.  Independent System Operator:  report
 :  demand management  . 
   The  
   (1) The  Public Utilities Act requires the Independent System
Operator, in consultation with the California Energy Resources
Conservation and Development Commission  (Energy Commission)
 , the Public Utilities Commission, the Western Systems
Coordinating Council, and concerned regulatory agencies in other
western states, within 6 months after Federal Energy Regulatory
Commission approval of the Independent System Operator, to provide a
report with certain information to the Legislature and the
Electricity Oversight Board.
   This bill would repeal that provision.  
   (2) Existing law requires the Public Utilities Commission,
notwithstanding any other provision of law, on or before March 7,
2001, and in consultation with the Independent System Operator, to
take certain actions, including, in consultation with the Energy
Commission, adopting energy conservation demand-side management and
other initiatives in order to reduce demand for electricity and
reduce load during peak demand periods, including, but not limited
to, differential incentives for renewable or super clean distributed
generation resources.
   This bill would modify those provisions to require the Public
Utilities Commission, in consultation with the Independent System
Operator, to take those actions, including, in consultation with the
Energy Commission, adopting those energy conservation demand-side
management and other initiatives, including, but not limited to,
differential incentives for renewable or ultra-clean and low-emission
distributed generation resources.
   (3) The bill would declare that it is to take effect immediately
as an urgency statute. 
   Vote:   majority   2/3  .
Appropriation:  no.  Fiscal committee:   no  
yes  .  State-mandated local program:  no.


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


  SECTION 1.  Section 350 of the Public Utilities Code is repealed.

  SEC. 2.  Section 379.5 of the Public Utilities Code is amended to
read: 
   379.5.   Notwithstanding any other provision of law, on or
before March 7, 2001, the   The  commission, in
consultation with the Independent System Operator, shall take all of
the following actions, and shall include the reasonable costs
involved in taking those actions in the distribution revenue
requirements of utilities regulated by the commission, as
appropriate:
   (a) (1) Identify and undertake those actions necessary to reduce
or remove constraints on the state's existing electrical transmission
and distribution system, including, but not limited to,
reconductoring of transmission lines, the addition of capacitors to
increase voltage, the reinforcement of existing transmission
capacity, and the installation of new transformer banks.  The
commission shall, in consultation with the Independent System
Operator, give first priority to those geographical regions where
congestion reduces or impedes electrical transmission and supply.
   (2) Consistent with the existing statutory authority of the
commission, afford electrical corporations a reasonable opportunity
to fully recover costs it determines are reasonable and prudent to
plan, finance, construct, operate, and maintain any facilities under
its jurisdiction required by this section.
   (b) In consultation with the State Energy Resources Conservation
and Development Commission, adopt energy conservation demand-side
management and other initiatives in order to reduce demand for
electricity and reduce load during peak demand periods.  Those
initiatives shall include, but not be limited to, all of the
following:
   (1) Expansion and acceleration of residential and commercial
weatherization programs.
   (2) Expansion and acceleration of programs to inspect and improve
the operating efficiency of heating, ventilation, and
air-conditioning equipment in new and existing buildings, to ensure
that these systems achieve the maximum feasible cost-effective energy
efficiency.
   (3) Expansion and acceleration of programs to improve energy
efficiency in new buildings, in order to achieve the maximum feasible
reductions in uneconomic energy and peak electricity consumption.
   (4) Incentives to equip commercial buildings with the capacity to
automatically shut down or dim nonessential lighting and
incrementally raise thermostats during a peak electricity demand
period.
   (5) Evaluation of installing local infrastructure to link
temperature setback thermostats to real-time price signals.
   (6) Incentives for load control and distributed generation to be
paid for enhancing reliability.
   (7) Differential incentives for renewable or  super clean
  ultra-clean and low-emission  distributed
generation resources.
   (8) Reevaluation of all efficiency cost-effectiveness tests in
light of increases in wholesale electricity costs and of natural gas
costs to explicitly include the system value of reduced load on
reducing market clearing prices and volatility.
   (c) In consultation with the Energy Resources Conservation and
Development Commission, adopt and implement a residential,
commercial, and industrial peak reduction program that encourages
electric customers to reduce electricity consumption during peak
power periods.   
  SEC. 3.  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 to encourage early compliance with air quality standards
established by the State Air Resources Board and ensure that the
cleanest, most environmentally sound distributed generation resources
are eligible for substantial ratepayer subsidies offered by the
Public Utilities Commission, including avoidance of energy crisis
cost obligations, it is necessary that this act take effect
immediately.