Section 395.5.  


Latest version.
  • (a) For purposes of this section, the following terms have the following meanings:

    (1) "Nonprofit charitable organization" means any charitable organization described in Section 501(c)(3) of the federal Internal Revenue Code that has as its primary purpose serving the needs of the poor or elderly.

    (2) "Electric commodity" means electricity used by the customer or a supply of electricity available for use by the customer, and does not include services associated with the transmission and distribution of electricity.

    (b) Notwithstanding Section 80110 of the Water Code, a nonprofit charitable organization may acquire electric commodity service through a direct transaction with an electric service provider if electric commodity service is donated free of charge without compensation.

    (c) A nonprofit charitable organization that acquires donated electric commodity service through a direct transaction pursuant to this section shall be responsible for paying all of the following:

    (1) Those charges and surcharges that would be imposed upon a retail end-use customer of a community choice aggregator pursuant to subdivisions (d), (e), (f), and (h) of Section 366.2.

    (2) The transmission and distribution charges of an electrical corporation or a local publicly owned electric utility.

    (3) A nonbypassable charge imposed pursuant to Article 7 (commencing with Section 381), Article 8 (commencing with Section 385), or Article 15 (commencing with Section 399).

    (4) Costs imposed upon a load-serving entity pursuant to Section 380.

    (d) Existing direct access rules and all service obligations otherwise applicable to electric service providers shall govern transactions under this section.

    (e) This section shall remain in effect only until January 1, 2015, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2015, deletes or extends that date.

(Amended by Stats. 2012, Ch. 162, Sec. 156. Effective January 1, 2013. Repealed as of January 1, 2015, by its own provisions.)