CPUC news [RE-wrenches]

Graham Owen graham at solarexpert.com
Thu Feb 27 12:35:57 PST 2003


Hi Marco,

The CPUC meeting has been postponed until March 13th.  I feel cautiously
optimistic that there will be an exception made for PV to be excluded
from departing load exit fees.

Below I have pasted recent legislation introduced which could become law
and will prohibit exit fees on solar!

Graham



BILL NUMBER: AB 1684    INTRODUCED
        BILL TEXT


INTRODUCED BY   Assembly Member Leno

                        FEBRUARY 21, 2003

   An act to add Section 750 to the Public Utilities Code, relating to
energy resources.


        LEGISLATIVE COUNSEL'S DIGEST


   AB 1684, as introduced, Leno.  Distributed energy.
   Existing law authorized the Department of Water Resources, until
January 2, 2003, to enter into contracts for the purchase of
electricity, to sell electricity to retail end use customers and, with
certain exceptions, to local publicly owned electric utilities, at not
more than the department's acquisition costs.  Existing law provides for
the repaying of the department's acquisition costs.
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including electrical corporations.
Existing law provides that the commission must require every electrical
corporation under the operational control of the Independent System
Operator as of January 1, 2001, to modify its tariffs so that customers
that install distributed energy resources, as defined, are served under
rates, rules, and requirements identical to those of a customer within
the same rate schedule that does not use distributed energy resources,
and to withdraw any provisions in otherwise applicable tariffs that
activate other tariffs, rates, or rules if a customer uses distributed
energy resources.  These provisions do not relieve a customer of any
obligation determined by the commission to result from participation in
the purchases of electricity by the department.
   This bill would exclude solar installations from any cost
responsibility surcharges that the commission may impose upon customer
generation departing load.
   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.  The Legislature finds and declares each of the
following:
   (a) The Public Utilities Commission in Rulemaking 02-01-011 (Order
Instituting Rulemaking Regarding the Implementation of the Suspension of
Direct Access Pursuant to Assembly Bill 1x and Decision
01-09-060) is considering the adoption of a cost responsibility
surcharge mechanism for customer generation departing load.
   (b) The imposition of cost responsibility surcharges would impose a
strong disincentive to investments in solar technology that would reduce
the risk of future electricity shortages.
   (c) The Legislature intends to exclude solar installations from any
cost responsibility surcharges that the commission may impose upon
customer generation departing load.
  SEC. 2.  Section 750 is added to the Public Utilities Code, to
read:
   750.  Notwithstanding any other law, the commission shall not impose
any cost responsibility surcharge for customer solar generation
departing load.

---------------------------


BILL NUMBER: AB 1685    INTRODUCED
        BILL TEXT


INTRODUCED BY   Assembly Member Leno

                        FEBRUARY 21, 2003

   An act to add Section 379.6 to the Public Utilities Code, relating to
energy.


        LEGISLATIVE COUNSEL'S DIGEST


   AB 1685, as introduced, Leno.  Energy:  self generation incentive
program.
   Existing law requires the Public Utilities Commission (PUC), in
consultation with the Independent System Operator and the State Energy
Resources Conservation and Development Commission (Energy Commission),
to adopt initiatives, on or before March 7, 2001, to reduce demand for
electricity and reduce load during peak demand periods, including
differential incentives for renewable or superclean distributed
generation resources.  Pursuant to this requirement, the PUC has
developed a Self Generation Incentive Program to encourage customers of
electrical corporations to install distributed generation that operates
on renewable fuel or contributes to system reliability.
   This bill would require the PUC, in consultation with the Energy
Commission, to administer a self generation incentive program for solar
electricity generation.
   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.  The Legislature finds and declares each of the
following:
   (a) Increasing California's reliance on renewable energy resources,
particularly solar electricity generation, promotes stable electricity
prices, protects public health, improves environmental quality,
stimulates sustainable economic development, creates new employment
opportunities, and reduces reliance on imported fuels.
   (b) The development of renewable energy resources, particularly
nonpolluting solar electricity generation, ameliorates air quality
problems throughout the state and improves public health by reducing the
burning of fossil fuels and the associated environmental impacts.

   (c) The Self Generation Incentive Program administered by the Public
Utilities Commission and established pursuant to Section 379.5 (Decision
01-03-073, March 27, 2001), has been a critically important subsidy for
the growth of solar electricity generation in California, but is set to
expire at the end of 2004.
   (d) The Legislature intends that the commission continue the Self
Generation Incentive Program in order to subsidize solar electricity
generation.
  SEC. 2.  Section 379.6 is added to the Public Utilities Code, to
read:
   379.6.  The commission, in consultation with the State Energy
Resources Conservation and Development Commission, shall administer a
self generation incentive program for solar electricity generation.

---------------------



BILL NUMBER: AB 1576    INTRODUCED
        BILL TEXT


INTRODUCED BY   Assembly Member Liu

                        FEBRUARY 21, 2003

   An act to amend Sections 19210, 19212, 19213, 19214, 19215, and 19216
of, and to add Section 19212.5 to, the Health and Safety Code, relating
to water heaters.


        LEGISLATIVE COUNSEL'S DIGEST


   AB 1576, as introduced, Liu.  Water heaters: earthquakes.
   (1) Existing law requires all new, replacement, and existing water
heaters to be braced, anchored, or strapped to resist falling or
horizontal displacement due to earthquake motion, as specified.
   This bill would expressly impose that requirement on all water
heaters in rental housing, to be complied with by no later than July 1,
2005.  Because violation of these provisions relating to earthquake
protection is punishable as a misdemeanor under other provisions, this
bill would impose a state-mandated local program by changing the
definition of a crime.
   The bill also would make technical changes to these provisions.
  (2) 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 19210 of the Health and Safety Code is amended to
read:
   19210.   (a)  The Legislature finds and declares that
there exists a serious threat of fire, explosion, or electrocution to
the people of California from water heaters that overturn or experience
damage to the plumbing or electrical wiring during an earthquake, and
that a large number of structures will suffer damage from water heaters
due to the lack of adequate strapping or bracing.  The
   (b) The  Legislature further finds and declares that it is the goal
of the State of California to reduce earthquake hazards in this state.
Therefore, it is the goal of the Legislature to ensure that all water
heaters are strapped or properly anchored by the year 2000.
   (c) The Legislature further finds and declares that the original
state policy goal of having all water heaters strapped or properly
anchored by the year 2000 has not been achieved, thereby exposing the
residents of California to a continuing serious risk of injury or damage
from water heaters overturned or demolished during earthquakes.
   (d) The Legislature further finds and declares that occupants of
rental housing in this state are vulnerable to the threat of fire,
explosion, or electrocution from water heaters that overturn or
experience damage during an earthquake, and are not authorized to strap,
brace, or anchor water heaters in their units without the owner's
advance approval, thus exposing them to hazardous conditions that they
cannot mitigate.
  SEC. 2.  Section 19212 of the Health and Safety Code is amended to
read:
   19212.  All water heaters manufactured for sale in California on or
after July 1, 1991, shall include a statement in the installation
instructions that water heater units must be braced, anchored, or
strapped to resist falling or horizontal displacement due to earthquake
motion.  The instructions provided by the manufacturer may include a
reproduction of the generic installation instructions and standard
details as prepared by the  Office Division  of the State Architect in
accordance with Section 19215.
  SEC. 3.  Section 19212.5 is added to the Health and Safety Code, to
read:
   19212.5.  Notwithstanding Sections 19100 and 19212, all water heaters
in rental housing units shall, by no later than July 1, 2005, be braced,
anchored, or strapped to resist falling or horizontal displacement due
to earthquake motion.  At a minimum, any water heater shall be secured
in accordance with the California Plumbing Code, or modifications made
thereto by a city, county, or city and county pursuant to Section
17958.5.
  SEC. 4.  Section 19213 of the Health and Safety Code is amended to
read:
   19213.  Manufacturers shall add language to their instruction label
on the front of the water heater  which that  discloses the danger of
falling or horizontal displacement due to an earthquake.  The label
shall contain the following
language:

WARNING:  THIS WATER HEATER MUST BE BRACED, ANCHORED, OR STRAPPED TO
AVOID FALLING OR MOVING DURING AN EARTHQUAKE.  SEE INSTRUCTIONS FOR
CORRECT INSTALLATION PROCEDURES.

  SEC. 5.  Section 19214 of the Health and Safety Code is amended to
read:
   19214.  Any person who violates Section 19212  , 19212.5,
 or 19213 shall be deemed to have violated a provision of Chapter 4
(commencing with Section 17000) of Part 2 of Division 7 of the Business
and Professions Code.
  SEC. 6.  Section 19215 of the Health and Safety Code is amended to
read:
   19215.  The  Office   Division  of the
State Architect shall prepare generic installation instructions with
standard details illustrating the strapping, bracing, and anchoring of
water heaters for typical installations in single-family homes that
comply with the requirements of the model codes.  These details shall be
made available for reproduction to manufacturers and appliance retailers
at a cost to cover the state's cost to prepare the details, and respond
to requests.
  SEC. 7.  Section 19216 of the Health and Safety Code is amended to
read:
   19216.  At the point of sale, the retailer may provide the consumer
with generic installation instructions with standard details
approved by the  Office   Division  of the
State Architect.  If provided, these generic instructions are intended
to be provided to the consumer as a guide, and are not intended to
supersede local codes.  The retailer and manufacturer are deemed not to
be liable for the generic instructions provided to consumers as long as
these have been approved by the  Office
  Division  of the State Architect, as complying
with the requirements of the model code in force on the date of
approval.
  SEC. 8.  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.

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