BILL NUMBER: SB 770	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Chesbro

                        FEBRUARY 21, 2003

   An act to add Section 80110.1 to the Water Code, relating to
electricity.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 770, as introduced, Chesbro.  Nonprofit cogeneration
facilities.
   Under existing law, the Public Utilities Commission regulates
electrical corporations.  The Public Utilities Act requires the
commission to authorize direct transactions between electricity
suppliers and end-use customers. However, other existing law suspends
the right of retail end-use customers to acquire direct access
service from certain electricity suppliers after a period of time to
be determined by the commission until the Department of Water
Resources no longer supplies electricity under that law.
   This bill, notwithstanding that suspension, would authorize a
nonprofit cogeneration facility, as defined, to serve related
electric load, as defined.  The bill would prohibit the commission
from imposing certain charges on such a transaction.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


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


  SECTION 1.  Section 80110.1 is added to the Water Code, to read:
   80110.1.  (a) As used in this section, the following terms have
the following meanings:
   (1) "Nonprofit cogeneration facility" is a facility that meets the
criteria in Section 218.5 of the Public Utilities Code and which
generates not more than 6 megawatts of power, a total of at least 4.5
megawatts of which are consumed onsite by a nonprofit entity in
combination with its related electric load.
   (2) "Related electric load" is up to 3.5 megawatts of electricity
generated by a nonprofit cogeneration facility and transmitted to,
and consumed by, an offsite affiliate of the onsite nonprofit
cogeneration facility.
   (b) Notwithstanding Section 80110, a nonprofit cogeneration
facility may serve related electric load.
   (c) The commission may not impose either of the following on a
transaction pursuant to this section:
   (1) Cost recovery surcharges under commission Decision 02-11-022,
or any subsequent commission decision, order, or regulation.
   (2) A competition transition charge to pay costs as provided in
Sections 367, 368, 375, and 376 of the Public Utilities Code.