Public utilities: sale of hydrogen to public as a motor vehicle fuel.

The Public Utilities Act provides that 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 of the public for which any compensation or payment is received, that entity is a public utility subject to the jurisdiction, control, and regulation of the Public Utilities Commission and the provisions of the act. The act provides that 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 solely because of that ownership, operation, or sale. This bill would additionally provide that the ownership or operation of a facility that sells hydrogen at retail to the public for use only as a motor vehicle fuel, and the selling of hydrogen 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 solely because of that ownership, operation, or sale.