BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 185
                                                                  Page  1

          SENATE THIRD READING
          SB 185 (Sher)
          As Amended September 4, 2003
          Majority vote

           SENATE VOTE  :35-2  
           
           UTILITIES AND COMMERCE     12-0 APPROPRIATIONS      23-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Reyes, Richman, Calderon, |Ayes:|Steinberg, Bates, Berg,   |
          |     |Campbell, Diaz,           |     |Calderon, Corbett,        |
          |     |Longville, La Suer,       |     |Correa, Daucher, Diaz,    |
          |     |Levine, Maddox, Nunez,    |     |Goldberg, Haynes, Leno,   |
          |     |Ridley-Thomas, Wolk       |     |Maldonado, Nation,        |
          |     |                          |     |Negrete McLeod, Nunez,    |
          |     |                          |     |Pacheco, Pavley,          |
          |     |                          |     |Ridley-Thomas, Runner,    |
          |     |                          |     |Samuelian, Simitian,      |
          |     |                          |     |Wiggins, Yee              |
           ----------------------------------------------------------------- 

           SUMMARY :  Updates existing requirements that retail sellers of  
          electricity disclose to end use customers and to the California  
          Energy Commission (CEC) the sources by fuel type of their  
          electricity portfolio.  Specifically,  this bill  :   

          1)Requires retail providers of electricity to disclose in all  
            promotional material distributed and at least twice annually  
            to all end use customers the percentage of retail electricity  
            sales derived from:

             a)   Coal;

             b)   Large hydroelectric (greater that 30 megawatts);

             c)   Natural gas;

             d)   Nuclear;

             e)   Specified renewable energy resources, and,

             f)   Other fuel types.

          2)Requires retail suppliers of electricity to annually report to  








                                                                  SB 185
                                                                  Page  2

            CEC detailed information regarding fuel types and electricity  
            generated.  

          3)Repeals provisions that allow retail sellers of electricity  
            that do not make specific claims about the source of their  
            electricity to report statewide averages instead of actual  
            sources.

          4)Specifies that CEC shall establish a format for disclosing  
            fuel sources that includes information on the retail  
            provider's progress toward meeting their renewable portfolio  
            obligations.  

          5)Allows publicly owned utilities to meet reporting obligations  
            under separate code sections if they comply with the reporting  
            requirements under only the specified code section.

          6)Prohibits CEC from requiring an audit of a public owned  
            electric utility's fuel source reporting unless CEC first  
            makes a finding of good cause.

           EXISTING LAW  requires:

          1)Retail sellers of electricity to disclose their sources of  
            electricity by specified fuel type, but allows sellers who do  
            not make any claims about their sources to only report  
            statewide averages, rather than their actual sources. 

          2)Retail suppliers of electricity to annually report to CEC  
            detailed information regarding fuel types and electricity  
            generated

           FISCAL EFFECT  :  Negligible costs to CEC.

          COMMENTS:  SB 1305 (Sher), Chapter 796, Statutes of 1997,  
          requires retail sellers of electricity to provide customers and  
          potential customers with information on the sources of the  
          electricity they provide.  SB 1305 resulted in the periodic  
          insertion of the "Power Content Label" into the consumer's  
          utility bills which indicates the percentages of various types  
          of renewable, coal, large hydroelectric, and natural gas  
          resources in the retail seller's portfolio.  However, 
          SB 1305 allowed retail sellers making no specific product claims  
          to report only system averages, rather than their actual  
          portfolio.








                                                                  SB 185
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          According to the author, this bill is intended to update and  
          revise the provisions of SB 1305 to reflect recent changes in  
          the electricity market.  Recent changes include the passage of  
          the Renewable Portfolio Standard (RPS) under SB 1078 (Sher),  
          Chapter 516, Statutes of 2002.  
          SB 1078 added new categorical definitions of renewable power.   
          This bill conforms the definition of renewable electricity  
          resources required to be reported to customers to those  
          established by SB 1078.

          Additionally, at the time SB 1305 was passed, retail providers  
          purchased electricity on the spot the market.  When most power  
          was purchased on the spot market, it was difficult for  
          electricity providers to report on the sources of their power,  
          as the sources were unknown or unpredictable.  Today more  
          electricity is purchased through long-term contracts thus it  
          becomes easier for all retail providers of electricity to report  
          on their fuel sources and, according to supporters of this bill,  
          the option to only report statewide averages is no longer  
          justified. 


           Analysis Prepared by  :    Edward Randolph / U. & C. / (916)  
          319-2083 




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