BILL NUMBER: SB 185	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Sher

                        FEBRUARY 12, 2003

   An act to amend Section 398.5 of the Public Utilities Code,
relating to electricity.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 185, as introduced, Sher.  Electricity: source disclosure.
   The existing Public Utilities Act, provides for the furnishing of
utility services, including electricity, by privately owned public
utilities subject to the jurisdiction and control of the Public
Utilities Commission and similar services by publicly owned public
utilities.  Existing law establishes a program under which entities
offering electric services disclose accurate, reliable, and simple to
understand information on the generation attributes of the
electricity they propose to sell, and requires beginning March 1,
1999, and annually thereafter, that certain electricity source
information be reported to the California Energy Resources
Conservation and Development Commission (Energy Commission).
   This bill would require that beginning April 1, 2004, and annually
thereafter, that retail suppliers report the information to the
Energy Commission.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


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


  SECTION 1.  Section 398.5 of the Public Utilities Code is amended
to read:
   398.5.  (a) Retail suppliers that disclose specific purchases
pursuant to Section 398.4 shall report on  March 1, 1999
  April 1, 2004  , and annually thereafter, to the
California Energy Resources Conservation and Development Commission,
for each electricity offering, for the previous calendar year each of
the following:
   (1) The  kilowatthours   kilowatt-hour 
purchased, by generator and fuel type during the previous calendar
year, consistent with the meter data, including losses, reported to
the system operator.
   (2) For each electricity offering the  kilowatthours
  kilowatt-hour  sold at retail.
   (3) For each electricity offering the disclosures made to
consumers pursuant to Section 398.4.
   (b) Information submitted to the California Energy Resources
Conservation and Development Commission pursuant to this section that
is a trade secret as defined in subdivision (d) of Section 3426.1 of
the Civil Code shall not be released except in an aggregated form
such that trade secrets cannot be discerned.
   (c) On or before January 1, 1998, the California Energy Resources
Conservation and Development Commission shall specify guidelines and
standard formats, based on the requirements of this article and
subject to public hearing, for the submittal of information pursuant
to this article.
   (d) In developing the rules and procedures specified in this
section, the California Energy Resources Conservation and Development
Commission shall seek to minimize the reporting burden and cost of
reporting that it imposes on retail suppliers.
   (e) On or before October 15, 1999, and annually thereafter, the
California Energy Resources Conservation and Development Commission
shall issue a report comparing information available pursuant to
Section 398.3 with information submitted by retail suppliers pursuant
to this section, and with information disclosed to consumers
pursuant to Section 398.4.  This report shall be forwarded to the
California Public Utilities Commission.
   (f) Beginning April 15, 1999, and annually thereafter, the
California Energy Resources Conservation and Development Commission
shall issue a report calculating net system power.  The California
Energy Resources Conservation and Development Commission will
establish the generation mix for net generation imports delivered at
interface points and metered by the system operators.  The California
Energy Resources Conservation and Development Commission shall issue
an initial report calculating preliminary net system power for
calendar year 1997 on or before January 1, 1998.  This report shall
be updated on or before October 15, 1998.
   (g) The provisions of this section shall not apply to generators
providing electric service onsite, under an over-the-fence
transaction as described in Section 218, or to an affiliate or
affiliates, as defined in subdivision (a) of Section 372.
   (h) The California Energy Resources Conservation and Development
Commission may verify the veracity of environmental claims made by
retail suppliers.