Headlines  |  Bills  |  The Nooner  |  Code/Laws  |  ElectionTrack $$$   |  Elections  |  About   |  Contact Scott |  
OR: Create Account  Log In

Get Scott's free daily lunchtime California Capitol news update, THE NOONER:
   
(): (California Assembly Bill)

help



join the cool folks
and advertise on aroundthecapitol.com


california legislation > ():
Warning! This is a not the current version of this legislative bill.
Italicized text includes proposed additions to law or the previous version of the bill.
Struck text includes proposed deletions to law or the previous version of the bill.

(pdf version)
CHAPTER 480
FILED WITH SECRETARY OF STATE OCTOBER 6, 2011
APPROVED BY GOVERNOR OCTOBER 5, 2011
PASSED THE SENATE AUGUST 31, 2011
PASSED THE ASSEMBLY JUNE 3, 2011
AMENDED IN ASSEMBLY JUNE 1, 2011

INTRODUCED BY Assembly Member Ma
(Coauthors: Assembly Members Buchanan, Fong, and Garrick)


FEBRUARY 16, 2011

An act to amend Section 216 of the Public Utilities Code, relating
to public utilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 631, Ma. Public utilities: electric vehicle charging stations.
Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, as defined. The existing Public
Utilities Act requires every public utility to furnish and maintain
adequate, efficient, just, and reasonable service, instrumentalities,
equipment, and facilities as are necessary to promote the safety,
health, comfort, and convenience of its patrons, employees, and the
public.
This bill would provide that the ownership, control, operation, or
management of a facility that supplies electricity to the public
only for use to charge light duty plug-in electric vehicles, as
defined, does not make the corporation or person a public utility for
purposes of the act.


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

SECTION 1. Section 216 of the Public Utilities Code is amended to
read:
216. (a) "Public utility" includes every common carrier, toll
bridge corporation, pipeline corporation, gas corporation, electrical
corporation, telephone corporation, telegraph corporation, water
corporation, sewer system corporation, and heat corporation, where
the service is performed for, or the commodity is delivered to, the
public or any portion thereof.
(b) Whenever any common carrier, toll bridge corporation, pipeline
corporation, gas corporation, electrical corporation, telephone
corporation, telegraph corporation, water corporation, sewer system
corporation, or heat corporation performs a service for, or delivers
a commodity to, the public or any portion thereof for which any
compensation or payment whatsoever is received, that common carrier,
toll bridge corporation, pipeline corporation, gas corporation,
electrical corporation, telephone corporation, telegraph corporation,
water corporation, sewer system corporation, or heat corporation, is
a public utility subject to the jurisdiction, control, and
regulation of the commission and the provisions of this part.
(c) When any person or corporation performs any service for, or
delivers any commodity to, any person, private corporation,
municipality, or other political subdivision of the state, that in
turn either directly or indirectly, mediately or immediately,
performs that service for, or delivers that commodity to, the public
or any portion thereof, that person or corporation is a public
utility subject to the jurisdiction, control, and regulation of the
commission and the provisions of this part.
(d) Ownership or operation of a facility that employs cogeneration
technology or produces power from other than a conventional power
source or the ownership or operation of a facility which employs
landfill gas technology does not make a corporation or person a
public utility within the meaning of this section solely because of
the ownership or operation of that facility.
(e) Any corporation or person engaged directly or indirectly in
developing, producing, transmitting, distributing, delivering, or
selling any form of heat derived from geothermal or solar resources
or from cogeneration technology to any privately owned or publicly
owned public utility, or to the public or any portion thereof, is not
a public utility within the meaning of this section solely by reason
of engaging in any of those activities.
(f) The ownership or operation of a facility that sells compressed
natural gas at retail to the public for use only as a motor vehicle
fuel, and the selling of compressed natural gas at retail from that
facility to the public for use only as a motor vehicle fuel, does not
make the corporation or person a public utility within the meaning
of this section solely because of that ownership, operation, or sale.

(g) Ownership or operation of a facility that is an exempt
wholesale generator, as defined in the Public Utility Holding Company
Act of 2005 (42 U.S.C. Sec. 16451(6)), does not make a corporation
or person a public utility within the meaning of this section, solely
due to the ownership or operation of that facility.
(h) The ownership, control, operation, or management of an
electric plant used for direct transactions or participation directly
or indirectly in direct transactions, as permitted by subdivision
(b) of Section 365, sales into a market established and operated by
the Independent System Operator or any other wholesale electricity
market, or the use or sale as permitted under subdivisions (b) to
(d), inclusive, of Section 218, shall not make a corporation or
person a public utility within the meaning of this section solely
because of that ownership, participation, or sale.
(i) The ownership, control, operation, or management of a facility
that supplies electricity to the public only for use to charge light
duty plug-in electric vehicles does not make the corporation or
person a public utility within the meaning of this section solely
because of that ownership, control, operation, or management. For
purposes of this subdivision, "light duty plug-in electric vehicles"
includes light duty battery electric and plug-in hybrid electric
vehicles. This subdivision does not affect the commission's authority
under Section 454 or 740.2 or any other applicable statute.