BILL NUMBER: SB 703 AMENDED BILL TEXT AMENDED IN SENATE JUNE 3, 2003 AMENDED IN SENATE APRIL 30, 2003 INTRODUCED BY Senators Florez, Denham, and Poochigian FEBRUARY 21, 2003 An act to add Section 745 to the Public Utilities Code, relating to public utilities , and declaring the urgency thereof, to take effect immediately . LEGISLATIVE COUNSEL'S DIGEST SB 703, as amended, Florez. Electricity rates: agricultural irrigation pumps. The California Constitution authorizes the Public Utilities Commission to set rates for all public utilities subject to its jurisdiction. This bill would require the commission toconsider the significant air quality benefits of electricity, compared to diesel, in establishing agricultural and water pumping electricity rate schedules. The bill would also require the commission to consider reducing or eliminating demand and other fixed charges, establishing competitive long-term electricity rate contracts for existing diesel users, and establishing rate schedules that are competitive with diesel rates, to prevent future conversions, in setting those rates.establish incentive rates for agricultural and water pumping customers that are competitive with the cost of operating diesel-driven irrigation pumps and other diesel-driven agricultural equipment and in establishing those incentives, to take into consideration the significant air quality and public health benefits of retiring existing diesel-driven irrigation pumps and other diesel-driven agricultural operations, to prevent future conversions to diesel equipment, and to accomplish certain results. This bill would declare that it is to take effect immediately as an urgency statute. Vote:majority2/3 . 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 hereby finds and declares all the following: (a) Over the past 15 years, a significant number of agricultural irrigation pumps , wind machines, and other agricultural equipment, have been converted from electrical motors to diesel-driven engines, due to rising electricity rates, particularly fixed demand charges. (b) Diesel-driven irrigation pumps and other diesel-driven agricultural equipment represent a source of oxides of nitrogen (NOx) and particulate matter that exacerbates the existing air quality problems facingthese areas. (c) It should bemany areas of the state. (c) The reduction or elimination of emissions from diesel-driven irrigation pumps and other diesel-driven agricultural equipment is in the public interest. (d) It is the policy of the State of California and the California Public Utilities Commission to encouragethe use of electric motors for agricultural irrigation pumpsalternatives to diesel-driven irrigation pumps and other diesel-driven agricultural equipment, including electric motors , through the development of long-term rate structures that are competitive with dieselpumpingengines.(d)(e) It is the intent of the Legislature, in enacting this statute, to establish agricultural and water pumping electricity rate schedules that are competitive with diesel rates to prevent additional conversions of agricultural irrigation pumps, and to provide an incentive to convert diesel-driven irrigation pumps back to electrical motors. SEC. 2. Section 745 is added to the Public Utilities Code, to read: 745. (a)In establishing agricultural and water pumping electricity rate schedules, the commission shall consider all of the following: (1) The significant air quality benefits of electricity, compared to diesel. (2) Reducing or eliminating demand and other fixed charges. (3) Establishing competitive long-term electricity rate contracts for existing diesel users. (4) Establishing rate schedules that are competitive with diesel rates, to prevent future conversions. (b) In setting rates pursuant to this section, the commission may include the costs of appropriate rate incentives, allocated equitably among customer classes that benefit from any resulting improvements in air quality.The commission shall establish incentive rates for agricultural and water pumping customers that are competitive with the cost of operating diesel-driven irrigation pumps and other diesel-driven agricultural equipment. (b) In establishing the incentive rates for agricultural and water pumping customers, the commission shall take into consideration the significant air quality and public health benefits of retiring existing diesel-driven irrigation pumps and other diesel-driven agricultural operations and preventing future conversions to diesel equipment. (c) In establishing incentive rates to reduce or eliminate diesel-driven irrigation pumps or other diesel-driven agricultural equipment, the commission shall provide for all of the following: (1) A process, when appropriate, to certify that Tier I diesel-driven irrigation pumps or other diesel-driven agricultural equipment existing as of January 1, 2003, is permanently retired, and Tier II equipment is appropriately retired or reallocated for net emissions reduction. (2) A process to quantify the net reduction of air emissions associated with retirement or conversion prevention, with any surplus emission credits, as determined by the regional air district, to be credited to ratepayers. (3) Consideration of the costs for electrical distribution line extensions and hookups necessary to furnish electricity service. (4) Consideration of, and coordination with, other state and federal incentives for the conversion of diesel-driven irrigation pumps and other diesel-driven agricultural equipment. (5) Coordination with other agricultural energy efficiency incentives and programs. (d) In implementing this section, the commission is authorized to include costs of necessary and appropriate incentives in rates, allocated equitably among customer classes, benefiting from the resulting improvements in air quality. In authorizing such rates, the commission shall find it in the ratepayer interest. (e) The commission shall establish the rates under this section as part of ongoing comprehensive utility rate proceedings. 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 ensure that critical air quality and public health benefits are achieved in an expedited manner, it is necessary that this act take effect immediately.