California 2011-2012 Regular Session Status: Passed Senate

SB 855 — Electric service: direct transactions.

Last action — From committee: Be re-referred to Com. on U. & C. (Ayes 7. Noes 0.) (July 5). Re-referred to Com. on U. & C.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations and gas corporations, as defined. 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, relative to electrical restructuring, requires the commission to authorize and facilitate direct transactions between electricity suppliers and retail end-use customers. Existing law, enacted during the energy crisis of 2000–01, authorized the Department of Water Resources, until January 1, 2003, to enter into contracts for the purchase of electricity, and to sell electricity to retail end-use customers at not more than the department's acquisition costs and to recover those costs through the issuance of bonds to be repaid by ratepayers. That law suspended the right of retail end-use customers, other than community choice aggregators and a qualifying direct transaction customer, as defined, to acquire service through a direct transaction until the Department of Water Resources no longer supplies electricity under that law. Existing law continues the suspension of direct transactions except as expressly authorized, until the Legislature, by statute, repeals the suspension or otherwise authorizes direct transactions. Existing law requires the commission to authorize direct transactions for nonresidential end-use customers subject to a reopening schedule adopted and implemented by July 1, 2010, that will phase in over a period of not less than 3 years and not more than 5 years, and subject to an annual maximum allowable total kilowatthour limit established for each electrical corporation. The annual maximum allowable total kilowatthour limit is required to be established for each electrical corporation at the maximum total kilowatthours supplied by all other providers to distribution customers of that electrical corporation during any sequential 12-month period between April 1, 1998, and October 11, 2009. This bill would modify the annual maximum allowable total kilowatthour limit for each electrical corporation to include the total kilowatthours of new load previously authorized and implemented by the commission pursuant to a specified statute. The bill would require the commission to adopt a specified schedule to phase in the allowable amount of increased kilowatthours by July 1, 2012, instead of July 1, 2010. The bill would change an existing requirement that the commission review and modify its currently effective rules governing direct transactions to instead authorize the commission to perform such review and modification.

Bill Text

Action History

  1. From committee: Be re-referred to Com. on U. & C. (Ayes 7. Noes 0.) (July 5). Re-referred to Com. on U. & C.

  2. Re-referred to Com. on RLS.

  3. Set, first hearing. Hearing canceled at the request of author.

  4. From committee with author's amendments. Read second time and amended. Re-referred to Com. on G.O.

  5. Referred to Com. on G.O.

  6. In Assembly. Read first time. Held at Desk.

  7. Read third time. Passed. (Ayes 40. Noes 0. Page 903.) Ordered to the Assembly.

  8. Read second time and amended. Ordered to third reading.

  9. From committee: Do pass as amended. (Ayes 9. Noes 0. Page 847.) (May 2).

  10. Set for hearing May 2.

  11. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 13. Noes 0. Page 618.) (April 12). Re-referred to Com. on APPR.

  12. Set for hearing April 12.

  13. Referred to Com. on G.O.

  14. From printer. May be acted upon on or after March 22.

  15. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Kehoe · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Kehoe

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Be referred to Committee on Utilities and Commerce.

Passed 7 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 7004
Total 7004
% of votes cast 64%0%0%36%
How each member voted (11)
Member Party Vote
Hagman — Not Voting
Butler — Not Voting
Carter — Yea
Hueso — Yea
Knight — Not Voting
Davis — Not Voting
Skinner — Yea
Alejo — Yea
Silva — Yea
Williams — Yea
Donnelly — Yea

Official roll call →

3rd Reading

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Republican 1000
Democratic 2000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Cannella — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Evans — Yea
Negrete McLeod — Yea
Fuller — Yea
Rubio — Yea
Corbett — Yea
Anderson — Yea
Blakeslee — Yea
Dutton — Yea
Harman — Yea
Huff — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wright — Yea
Alquist — Yea
Hernandez — Yea
Lieu — Yea
Pavley — Yea
Vargas — Yea
Wolk — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Kehoe — Yea
Runner — Yea
Pavley — Yea
Price — Yea
Walters — Yea
Alquist — Yea
Lieu — Yea
Steinberg — Yea
Emmerson — Yea

Official roll call →

Do pass, but re-refer to the Committee on Appropriations Recommend Consent.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10000
Republican 1000
Democratic 2000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Wyland — Yea
Evans — Yea
De León — Yea
Cannella — Yea
Hernandez — Yea
Anderson — Yea
Corbett — Yea
Wright — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

technology energy
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Frequently asked questions

What does SB 855 do?
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations and gas corporations, as defined. 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, relative to electrical restructuring, requires the commission to authorize and facilitate direct transactions between electricity suppliers and retail end-use customers. Existing law, enacted during the energy crisis of 2000–01, authorized the Department of Water Resources, until January 1, 2003, to enter into contracts for the purchase of electricity, and to sell electricity to retail end-use customers at not more than the department's acquisition costs and to recover those costs through the issuance of bonds to be repaid by ratepayers. That law suspended the right of retail end-use customers, other than community choice aggregators and a qualifying direct transaction customer, as defined, to acquire service through a direct transaction until the Department of Water Resources no longer supplies electricity under that law. Existing law continues the suspension of direct transactions except as expressly authorized, until the Legislature, by statute, repeals the suspension or otherwise authorizes direct transactions. Existing law requires the commission to authorize direct transactions for nonresidential end-use customers subject to a reopening schedule adopted and implemented by July 1, 2010, that will phase in over a period of not less than 3 years and not more than 5 years, and subject to an annual maximum allowable total kilowatthour limit established for each electrical corporation. The annual maximum allowable total kilowatthour limit is required to be established for each electrical corporation at the maximum total kilowatthours supplied by all other providers to distribution customers of that electrical corporation during any sequential 12-month period between April 1, 1998, and October 11, 2009. This bill would modify the annual maximum allowable total kilowatthour limit for each electrical corporation to include the total kilowatthours of new load previously authorized and implemented by the commission pursuant to a specified statute. The bill would require the commission to adopt a specified schedule to phase in the allowable amount of increased kilowatthours by July 1, 2012, instead of July 1, 2010. The bill would change an existing requirement that the commission review and modify its currently effective rules governing direct transactions to instead authorize the commission to perform such review and modification.
Who sponsors SB 855?
SB 855 is sponsored by Kehoe.
What is the current status of SB 855?
This bill died with 2011-2012 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 855?
Track SB 855 free on One Click Politics — get push/email alerts when it moves.

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