(a) To ensure that electrical corporations do not operate their transmission and distribution monopolies in a manner that impedes the ability of the San Francisco Bay Area Rapid Transit District (BART District) to reduce its electricity cost through the purchase and delivery of preference power, electrical corporations shall meet the requirements of this section.

(b) Any electrical corporation that owns and operates transmission and distribution facilities that deliver electricity at one or more locations to the BART District’s system shall, upon request by the BART District, and without discrimination or delay, use the same facilities to do any or all of the following:

(1) Deliver preference power purchased from a federal power marketing agency or its successor.

(2) Deliver electricity purchased from a local publicly owned electric utility.

(3) Deliver electricity generated by an eligible renewable energy resource.

(4) Deliver electricity purchased from an electrical corporation or marketer.

(5) Deliver electricity purchased through a market operated by the Independent System Operator.

(c) Where the BART District purchases electricity at more than one location, at any voltage, from an electric utility under tariffs regulated by the commission, the utility shall bill the BART District for usage as though all the electricity purchased at transmission level voltages were metered by a single meter at one location and all the electricity purchased at subtransmission voltages were metered by a single meter at one location, provided that any billing for demand charges would be based on the coincident demand of transmission and distribution metering.

(d) If, on or after January 1, 1996, the BART District leases or has agreed to lease, as special facilities, utility plants for the purpose of receiving power at transmission level voltages, an electrical corporation may not terminate the lease without concurrence from the BART District.

(e) When the BART District elects to have electricity delivered pursuant to subdivision (b), Sections 365, 365.1, and 366, and any commission regulations, orders, or tariffs, that implement direct transactions, are inapplicable, and the BART District is not an electricity supplier. Neither the commission, nor any electrical corporation that delivers the electricity described in subdivision (b) to the BART District, shall require that an electricity supplier be designated as a condition of the delivery of that electricity.

(f) The BART District may elect to obtain electricity from the following multiple sources at the same time:

(1) Electricity delivered pursuant to subdivision (b).

(2) Electricity supplied by one or more direct transactions.

(3) Electricity from any electrical corporation that owns and operates transmission and distribution facilities that deliver electricity at one or more locations to the BART District’s system.

(g) The BART District shall annually report to the Energy Commission the information for the previous calendar year required of retail electricity suppliers in Article 14 (commencing with Section 398.1) of Chapter 2.3, including all of the following:

(1) The kilowatthours purchased from specified sources, by generator and fuel type during the previous calendar year, consistent with meter data, including losses, reported to the system operator.

(2) The kilowatthours purchased from unspecified sources in California and from unspecified sources imported into California from other subregions within the Western Electricity Coordinating Council.

(3) The kilowatthours consumed by the BART District.

(h) For purposes of this section, the following terms have the following meanings:

(1) “Electricity from specified sources” or “purchases from specified sources” means electricity transactions that are traceable to a specific generation source by any auditable contract trail or equivalent, such as a tradable commodity system, that provides commercial verification that the electricity source claimed has been sold once, and only once, to an end user. The BART District may rely on annual data to determine whether a transaction meets this definition, rather than hour-by-hour matching of loads and resources.

(2) “Electricity from unspecified sources” or “purchases from unspecified sources” means electricity that is not traceable to a specific generation source by any auditable contract trail or equivalent, including a tradable commodity system, that provides commercial verification that the electricity source claimed has been sold once, and only once, to an end user.

(3) “Eligible renewable energy resources” means an eligible renewable energy resource pursuant to the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3).

(4) “Marketer” has the same meaning as defined in subdivision (e) of Section 331.

(5) “System operator” has the same meaning as defined in Section 398.2.

(Amended by Stats. 2019, Ch. 314, Sec. 2. (AB 923) Effective January 1, 2020.)