AMENDED IN SENATE AUGUST 13, 2026
AMENDED IN ASSEMBLY MARCH 19, 2026
california legislature—2025–26 regular session
ASSEMBLY BILL No. 1761
Introduced by Assembly Member Rogers
(Coauthors: Assembly Members Bauer-Kahan, Boerner, Connolly, Petrie-Norris, and Ward)
(Coauthor: Senator Arreguín)
February 9, 2026
An act to add Section 365.4 to the Public Utilities Code, relating to electricity.
legislative counsel’s digest
AB 1761, as amended, Rogers. Electricity: calculation methodology:
nonbypassable charges: data disclosure.
Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. 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.
This bill would require the commission to ensure that all data serving as a basis for any decision or ruling issued by the commission, or in any proposal or analysis provided by commission staff, for the determination or application of a calculation methodology for any nonbypassable charge imposed on customers of a load-serving entity to recover costs associated with contracts, electrical corporation-owned generation, or any other resource or value included in that charge and any other charge derived from those costs, is made available to
97 load-serving entities and ratepayer advocates on behalf of customers.
The bill would require the commission to require an electrical corporation corporation, member association, load-serving entity, or other party, in submitting a proposal or analysis for the determination or application of a calculation methodology for any nonbypasssable charge imposed on customers of a load-serving entity to recover costs associated with contracts, electrical corporation-owned generation, or any other resource or value included in that charge and any other charge derived from those costs, to make all data serving as a basis for that proposal or analysis available to load-serving entities and ratepayer advocates on behalf of customers. The bill would require that the data exclude any information that can reasonably be used to identify an individual, family, household, residence, or nonresidential customer.
The bill would require that the data to meet specified requirements, including that it is made available through a public disclosure, except for market-sensitive data, as provided.
Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.
Because the above prohibition provisions would be a part of the act, and because a violation of a commission action implementing the above prohibition provisions would be a crime, the bill would impose a state-mandated local program.
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:
line 1 SECTION 1. Section 365.4 is added to the Public Utilities line 2 Code, to read:
line 3 365.4. (a) The commission shall ensure that all data serving line 4 as a basis for any decision or ruling issued by the commission, or line 5 in any proposal or analysis provided by commission staff, for the line 6 determination or application of a calculation methodology for any line 7 nonbypassable charge imposed on customers of a load-serving 97 AB 1761 — 2 —
line 1 entity to recover costs associated with contracts, electrical line 2 corporation-owned generation, or any other resource or value line 3 included in that charge and any other charge derived from those line 4 costs, is made available to load-serving entities and ratepayer line 5 advocates on behalf of customers.
line 6 (b) The commission shall require an electrical corporation line 7 corporation, member association, load-serving entity, or other line 8 party, in submitting a proposal or analysis for the determination line 9 or application of a calculation methodology for any nonbypassable line 10 charge imposed on customers of a load-serving entity to recover line 11 costs associated with contracts, electrical corporation-owned line 12 generation, or any other resource or value included in that charge line 13 and any other charge derived from those costs, to make all data line 14 serving as a basis for that proposal or analysis available to line 15 load-serving entities and ratepayer advocates on behalf of line 16 customers.
line 17 (c) For purposes of subdivisions (a) and (b), a the data shall line 18 exclude any information that can reasonably be used to identify line 19 an individual, family, household, residence, or nonresidential line 20 customer. A charge imposed on customers of a load-serving entity line 21 includes any charge determined or applied pursuant to subdivision line 22 (f), (g), or (h) of Section 366.2, and any other nonbypassable charge line 23 authorized by the commission to recover the costs of contracts or line 24 resources procured for the benefit of bundled customers, and line 25 collected from unbundled customers, regardless of whether the line 26 charge is expressly enumerated in those subdivisions. line 27 (d) Data provided pursuant to subdivisions (a) and (b) shall meet line 28 all of the following requirements:
line 29 (1) It shall be made through a public disclosure, except for line 30 market-sensitive data, which shall be made through disclosure to line 31 a nonmarket participant reviewing representative pursuant to the line 32 terms of a reasonable, commission-approved nondisclosure line 33 agreement.
line 34 (2) It shall be made available to load-serving entities and line 35 ratepayer advocates concurrent with any proposal or analyses from line 36 the electrical corporation, the commission’s staff, a member line 37 association, a load-serving entity, or any other party, or any line 38 commission-adopted decision or ruling. This requirement may be line 39 met through adoption of data sharing practices mutually agreed to line 40 by parties at the outset of a proceeding.
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line 1 (3) It shall be made available in native file format. line 2 (e) A failure to comply with this section, or the identification line 3 of good faith errors, omissions, or inaccuracies in data disclosed line 4 pursuant to this section, shall not, by itself, invalidate, impair, stay, line 5 or otherwise affect the validity of any calculation methodology, line 6 charge, decision, or ruling adopted by the commission, unless the line 7 failure, good faith error, omission, or inaccuracy constitutes one line 8 or more of the grounds specified in Section 1757 or 1757.1. line 9 (f) For purposes of this section, “load-serving entity” has the line 10 same meaning as defined in Section 380.
line 11 SEC. 2. No reimbursement is required by this act pursuant to line 12 Section 6 of Article XIIIB of the California Constitution because line 13 the only costs that may be incurred by a local agency or school line 14 district will be incurred because this act creates a new crime or line 15 infraction, eliminates a crime or infraction, or changes the penalty line 16 for a crime or infraction, within the meaning of Section 17556 of line 17 the Government Code, or changes the definition of a crime within line 18 the meaning of Section 6 of Article XIII B of the California line 19 Constitution.
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