BILL NUMBER: SB 441 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 14, 2006
AMENDED IN ASSEMBLY AUGUST 22, 2005
AMENDED IN ASSEMBLY JULY 12, 2005
AMENDED IN SENATE MAY 3, 2005
AMENDED IN SENATE APRIL 4, 2005
INTRODUCED BY Senator Soto
FEBRUARY 17, 2005
An act to add Section 739.11 to the Public Utilities
Code, relating to electricity. An act to amend Section
1 of Chapter 833 of the Statutes of 1988, relating to parks and
recreation, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 441, as amended, Soto Electricity: rates: advanced
metering infrastructure. Parks and recreation: Glen
Helen Regional Park.
(1) Existing law authorizes the County of San Bernardino to grant
an easement for road purposes across lands within the Glen Helen
Regional Park acquired with moneys received pursuant to the Roberti-Z'
berg Urban Open-Space and Recreation Program Act under specified
conditions.
This bill would, in addition, authorize the County of San
Bernardino, under the same specified conditions, to grant a fee
interest in properties, or portion thereof, for which an easement has
been granted for road purposes. The bill would also make technical
corrections.
(2) This bill would declare that it is to take effect immediately
as an urgency statute.
(1) 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, prohibit the commission
from requiring the installation of advanced metering infrastructure,
as defined, for any building constructed prior to January 1, 2006,
and occupied by a customer with average annual electricity usage of
less than 1,000 kilowatthours per month, unless the commission first
evaluates certain factors, as specified.
(2) 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 and
a violation of any of those provisions would be a crime, the bill
would impose a state-mandated local program by creating a new crime.
(3) 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 2/3 . Appropriation:
no. Fiscal committee: yes no .
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1 of Chapter 833 of the
Statutes of 1988 is amended to read:
Section 1. Notwithstanding any other provision of law, the County
of San Bernardino may grant , pursuant to subdivision (a)
of Section 5626 of the Public Resources Code , grant
an easement for road purposes across lands within the Glen
Helen Regional Park acquired with grant moneys received pursuant to
the Roberti-Z'berg Roberti-Z'berg-Harris
Urban Open-Space and Recreation Program Act (
, Chapter 3.2 (commencing with Section 5620)
) of Division 5 of the Public Resources Code
, or a fee interest in the same property, or portion of that
property, subject to an exchange for, or acquisition of,
property of equal or greater recreation value, as determined by the
Department of Parks and Recreation, and at no cost to the state. Any
property acquired shall be utilized solely for park purposes and
shall be subject to all applicable requirements of the
Roberti-Z'berg Roberti-Z'berg-Harris Urban
Open-Space and Recreation Program Act.
SEC. 2. 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 authorize the completion of the transaction to create
a road facilitating access to Glen Helen Regional Park and adjacent
development at the earliest possible time, it is necessary that this
act take effect immediately.
SECTION 1. The Legislature finds and declares
all of the following:
(a) The Public Utilities Commission is currently considering
authorizing or requiring electrical corporations to install advanced
metering infrastructure (AMI) for their customers, including all
existing residential and small commercial customers, regardless of
their size or location.
(b) Electrical corporations have already requested over one
hundred twenty million dollars ($120,000,000) to spend in 2005 in
order to prepare to install AMI in early 2006.
(c) The entire statewide cost of AMI installation is estimated at
several billion dollars.
(d) The commission has not conducted any evidentiary hearings to
determine whether universal installation of AMI for small customers
will be cost effective for those customers.
SEC. 2. Section 739.11 is added to the Public
Utilities Code, to read:
739.11. (a) For purposes of this section, "advanced metering
infrastructure" means interval data recording meters, along with
two-way communications and any other equipment necessary for the
installation and operation of the meters.
(b) Except as provided in Sections 353.3 and 393, the commission
shall not require the installation of advanced metering
infrastructure for any building constructed prior to January 1, 2006,
and occupied by a customer with annual average usage of less than
1,000 kilowatthours per month, unless it first evaluates the
following:
(1) The effect on average annual electricity rates for residential
and small commercial customer classes for every year of repayment
for the AMI investment.
(2) The bill impacts of any proposed mandatory time-differentiated
rates on residential customers in hot climate zones.
(3) The amount of peak load reduction contrasted with other demand
reduction program alternatives.
(4) The feasibility and cost effectiveness of partial deployment
in selected zones contrasted with deployment throughout an entire
service territory of an electrical corporation.
SEC. 3. 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.