BILL NUMBER: SB 1891	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 4, 2004

INTRODUCED BY   Committee on Energy, Utilities and Communications
(Senators Bowen (Chair), Alarcon, Battin, Dunn, Morrow, Murray, Sher,
and Vasconcellos)

                        MARCH 1, 2004

   An act to  add and repeal Section 316.6 of the Public
Utilities Code, relating to telecommunications.   amend
Section 780.5 of, and to amend and renumber Section 454.1 of, the
Public Utilities Code, relating to public utilities. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1891, as amended, Committee on Energy, Utilities and
Communications.   Telecommunications market:  report to the
Legislature   Public utilities:  metering of multiunit
residences:  electrical transmission facilities  . 
   (1) Existing law requires the commission to require every
residential unit in an apartment house or similar multiunit
residential structure, condominium, or mobilehome park issued a
building permit on or after July 1, 1982, with certain exceptions, to
be individually metered for electric and gas service, except that
separate metering for gas service is not required for residential
units that are not equipped with gas appliances requiring venting or
that receive the majority of energy used for water or space heating
from a solar energy system or through cogeneration technology.
   This bill would except from the requirement for separate metering
for gas service, multiunit residential units which are not equipped
with gas appliances requiring venting or are equipped with only
vented decorative appliances or which receive the majority of energy
used for water or space heating from a solar energy system or through
cogeneration technology.
   (2) This bill would amend and renumber a provision of the Public
Utilities Code to eliminate a duplicative statutory numbering. 

   Existing law repealed as of January 1, 2004, a requirement that
the Public Utilities Commission submit to the Legislature, on or
before October 31 of each year, a report on, among other things, the
status of competition in the telecommunications marketplace.
   This bill would, until January 1, 2007, require the commission to
submit a report to the Legislature, on or before October 31 of each
year, on the competitiveness of the telecommunications markets in the
state. 
   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 316.6 is added to the Public Utilities
 
  SECTION 1.  Section 454.1 of the Public Utilities Code, as added by
Chapter 1040 of the Statutes of 2000, is amended and renumbered to
read:  
   454.1.   
   464.   (a) Reasonable expenditures by transmission owners
that are electrical corporations to plan, design, and engineer
reconfiguration, replacement, or expansion of transmission facilities
are in the public interest and are deemed prudent if made for the
purpose of facilitating competition in electric generation markets,
ensuring open access and comparable service, or maintaining or
enhancing reliability, whether or not these expenditures are for
transmission facilities that become operational.
   (b) The commission and the Electricity Oversight Board shall
jointly facilitate the efforts of the state's transmission owning
electrical corporations to obtain authorization from the Federal
Energy Regulatory Commission to recover reasonable expenditures made
for the purposes stated in subdivision (a).
   (c) Nothing in this section alters or affects the recovery of the
reasonable costs of other electric facilities in rates pursuant to
the commission's existing ratemaking authority under this code or
pursuant to the Federal Power Act (41 Stat. 1063; 16 U.S.C. Secs.
791a, et seq.).  The commission may periodically review and adjust
depreciation schedules and rates authorized for an electric plant
that is under the jurisdiction of the commission and owned by  an
 electrical  corporations   corporation
 and periodically review and adjust depreciation schedules and
rates authorized for a gas plant that is under the jurisdiction of
the commission and owned by  a  gas corporations
  corporation  , consistent with this code.   
  SEC. 2.  Section 780.5 of the Public Utilities Code is amended to
read: 
   780.5.  The commission shall require every residential unit in an
apartment house or similar multi-unit residential structure,
condominium, and mobilehome park for which a building permit has been
obtained on or after July 1, 1982, other than a dormitory or other
housing accommodation provided by any postsecondary educational
institution for its students or employees and other than farmworker
housing, to be individually metered for electrical and gas service,
except that separate metering for gas service is not required for
residential units which are not equipped with gas appliances
requiring venting  or are equipped with only vented decorative
appliances  or which receive the majority of energy used for
water or space heating from a solar energy system or through
cogeneration technology.    Code, to read:
   316.6.  (a) The commission shall submit a report to the
Legislature, on or before October 31 of each year, on the
competitiveness of the telecommunications markets in the state.
   (b) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2007, deletes or extends
that date.