BILL NUMBER: SB 441	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Soto

                        FEBRUARY 17, 2005

   An act to add Section 739.11 to the Public Utilities Code,
relating to electricity.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 441, as introduced, Soto.   Electricity: rates.
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including electrical corporations.
Existing law authorizes the commission to fix the rates and charges
for every public utility, and requires that those rates and charges
be just and reasonable. Existing law requires electrical corporations
furnishing electricity to an agricultural producer to prepare and
file tariffs providing for optional off-peak demand service,
including the availability of time-differentiating meters or other
measurement devices.
   This bill would, with certain exceptions, provide that no
residential or small commercial customer of an electrical corporation
with average usage of less than 1,000 kilowatthours per month and
occupying a building that was constructed prior to January 1, 2005,
may be required to take service under a time-differentiated rate
schedule.
   Under existing law, a violation of the Public Utilities Act or an
order or direction of the commission is a crime.
   Because the provisions of this bill would be a part of the act,
the bill would impose a state-mandated local program by creating a
new crime.

  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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


  SECTION 1.  Section 739.11 is added to the  Public Utilities Code ,
to read:
   739.11.  Except for customers participating in a pilot program
authorized by Section 393 and customers with distributed energy
resources that participate in a real-time metering and pricing
program pursuant to Section 353.3, no residential or small commercial
customer of an electrical corporation with average usage of less
than 1,000 kilowatthours per month and occupying a building that was
constructed prior to January 1, 2005, shall be required to take
service under a time-differentiated rate schedule.
  SEC. 2.
  No reimbursement is required by this act pursuant to Section 6 of
Article XIII B of the California Constitution because the only costs
that may be incurred by a local agency or school district will be
incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.