Bill Text: CA AB724 | 2011-2012 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Clean Energy Jobs and Investment Act.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2011-10-21 - Measure version as amended on September 9 corrected. [AB724 Detail]
Download: California-2011-AB724-Amended.html
Bill Title: Clean Energy Jobs and Investment Act.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2011-10-21 - Measure version as amended on September 9 corrected. [AB724 Detail]
Download: California-2011-AB724-Amended.html
BILL NUMBER: AB 724 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 30, 2011
AMENDED IN SENATE AUGUST 18, 2011
AMENDED IN ASSEMBLY MAY 17, 2011
AMENDED IN ASSEMBLY APRIL 28, 2011
INTRODUCED BY Assembly Member Bradford
FEBRUARY 17, 2011
An act to add and repeal Section 2800 of
Chapter 7.2 (commencing with Section 25621) to Division 15 of, and to
repeal and add Section 25740.5 of, the Public Resources Code, and to
amend Sections 384, 399.8, and 9615 of, and to add Sections 384.3
and 9615.1 to, the Public Utilities Code, relating to
utility service energy, and making an appropriation
therefor .
LEGISLATIVE COUNSEL'S DIGEST
AB 724, as amended, Bradford. Electric and gas utility
service: master-meter customers. Clean Energy Jobs and
Investment Act.
(1) Under existing law, the Public Utilities Commission (PUC) has
regulatory authority over public utilities, including electrical
corporations, as defined. The Reliable Electric Service Investments
Act, within the Public Utilities Act, requires the PUC to require the
state's 3 largest electrical corporations, until January 1, 2012, to
identify a separate electrical rate component to fund energy
efficiency, renewable energy, and research, development, and
demonstration programs. Existing PUC resolutions refer to the
nonbypassable rate component as a "public goods charge."
Existing law establishes the Renewable Resource Trust Fund in the
State Treasury as a fund that is continuously appropriated, except
for administrative expenses incurred by the State Energy Resources
Conservation and Development Commission (Energy Commission), for the
implementation of the renewable energy resources program that is
administered by the Energy Commission. Existing law requires that
specified portions of the moneys collected as a part of the public
goods charge to fund renewable energy be deposited into 3 specified
accounts within the fund to be used for specified purposes. Existing
law states legislative directives, objectives, and recommendations on
the allocation of moneys in the fund and requires that moneys
collected between January 1, 2007, and January 1, 2012, be used for
the specified purposes.
This bill would require the PUC to require the state's 3 largest
electrical corporations to collect the public goods charge until
January 1, 2020. By extending collection of the public goods charge,
the bill would constitute a change in state statute that would result
in a taxpayer paying a higher tax within the meaning of Section 3 of
Article XIII A of the California Constitution, and thus would
require for passage the approval of 2/3 of the membership of each
house of the Legislature.
Because the bill would extend collection of the portion of the
public goods charge that is transferred to the Renewable Resource
Trust Fund, a continuously appropriated fund, it would make an
appropriation.
(2) This bill would require the PUC, in coordination with the
State Energy Resources Conservation and Development Commission, to
develop and authorize fund mechanisms to finance comprehensive energy
efficiency programs for residential, commercial, industrial, and
public building sectors. The bill would establish criteria by which
the PUC would evaluate the state's energy efficiency investments. The
bill would require the PUC to administer funds generated by the
collection of the public good charge that is allocated for energy
efficiency.
(3) 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 provisions of this bill are within the Public
Utilities Act and require action by the PUC to implement its
requirements, a violation of these provisions would impose a
state-mandated local program by creating a new crime.
(4) Existing law requires that the moneys collected between
January 1, 2007, and January 1, 2012, from the electrical
corporations for public interest research, development, and
demonstration projects be deposited in the Public Interest Research,
Development, and Demonstration Fund and be used for the purposes of
the Public Interest Energy Research, Demonstration, and Development
Program.
This bill would enact the Clean Energy Jobs and Investment Act.
The bill would establish the Clean Energy Investment Council
consisting of specified individuals to provide strategic policy
guidance for the implementation of the act. The bill would require
the State Energy Resources Conservation and Development Commission
(Energy Commission) to establish and administer the California Energy
Innovation Program (CEIP) to fund research, development, and
demonstration projects that may lead to technological advancement or
applied scientific breakthroughs to overcome technical, financial,
social, institutional, and other barriers that prevent the
achievement of the state's energy policy goals. The bill would
require the Energy Commission to convene, no less than twice a year,
meetings of the CEIP Advisory Council consisting of members
representing specified entities and would require the council to
identify the technological challenges that most warrant funding under
the CEIP and opportunities for joint funding of projects and to make
recommendations to avoid funding duplicative projects. The bill
would require the Energy Commission to adopt regulations or modify
existing regulations to implement the CEIP. The bill would require
the Energy Commission to consult with the CEIP Advisory Council to
establish a process for tracking the progress and outcome of funded
projects. The bill would require the Energy Commission to consult
with the CEIP Advisory Council and the Treasurer to establish terms
that may be imposed as conditions for the receipt of CEIP funding.
The bill would require the Energy Commission, no later than March 31
of each year, to prepare and submit to the Legislature an annual
report regarding projects funded by the CEIP. The bill would
establish the Clean Energy Innovation Program Fund in the State
Treasury and would provide that moneys in the fund, upon
appropriation by the Legislature, be expended by the Energy
Commission to implement the CEIP. The bill would provide that
unencumbered moneys remaining in the Public Interest Research,
Development, and Demonstration Fund as of January 1, 2012, be
transferred to the Clean Energy Innovation Program Fund, which would
be established by this bill. The bill would establish the Public
Interest Research, Development, and Demonstration Program Wrap-Up
Account within the fund and would transfer the encumbered moneys in
the Public Interest Research, Development and Demonstration Program
Fund, as of January 1, 2012, to the account.
(5) Existing law requires the State Energy Resources Conservation
and Development Commission to establish programs to optimize public
investment and ensure that the most cost-effective and efficient
investments in renewable energy resources are vigorously pursued
(Renewable Energy Resources Program). Existing law requires, until
January 1, 2012, that moneys from the public goods charge collected
for renewable energy be transferred to the Renewable Resource Trust
Fund, a continuously appropriated fund, for the purpose of
implementing the program.
This bill would revise and recast the Renewable Energy Resources
Program to, among other things, provide investment in energy storage
technologies. The bill would establish the Clean Energy Investment
Team within the commission for specified purposes of the program. The
bill would extend to January 1, 2020, the expenditures of the public
goods charge collected for renewable energy to the Renewable
Resource Trust Fund. Because the bill would revise the purposes of
the Renewable Energy Resources Program and extend the deposit of
moneys into a continuously appropriated fund, this bill would make an
appropriation.
(6) Existing law requires each local publicly owned electric
utility to establish a nonbypassable usage based charge on local
distribution service to fund investments in specified public purpose
programs, including energy efficiency and conservation, investment in
renewable energy resources, research, development, and demonstration
programs, and providing services for low-income electricity
customers. The charge is required to be not less than the lowest
expenditure of the 3 largest electrical corporations in California
based on a percentage of revenue. Existing law requires local
publicly owned electric utilities to annually report to its customers
and to the Energy Commission information relative to its investments
in energy efficiency and demand reduction programs, a description of
those programs, expenditures, cost-effectiveness, and expected and
actual energy efficiency savings and demand reduction results.
Existing law additionally requires each local publicly owned electric
utility to develop and submit a report to the Energy Commission with
certain information relative to its energy efficiency programs and
requires the Energy Commission to include a summary of the
information in an integrated energy policy report pursuant to a
specified law.
This bill would require each local publicly owned electric utility
to make information available in electronic form on an Internet Web
site relative to the utility's investments in energy efficiency
programs, require the utility to provide the Energy Commission with
information as to how to access the information, and require the
Energy Commission to make the information available on its Internet
Web site, including providing a uniform resource locator (URL)
connection that will enable members of the public to access the
information. The bill would require each local publicly owned
electric utility to annually report to its customers and the Energy
Commission information relative to its research, development, and
demonstration programs, and its provision of services for low-income
electricity customers.
(7) 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.
Existing law authorizes the owner of a master-metered mobilehome
park or manufactured housing community that provides gas or electric
service to residents to transfer ownership and operational
responsibility for its gas or electric system to the gas or
electrical corporation providing service in the area in which the
park or community is located, pursuant to specified transfer and cost
allocation procedures.
This bill would require the Public Utilities Commission, by
February 1, 2012, to open an investigation or other appropriate
proceeding to evaluate when an owner of a mobilehome park or
manufactured housing community that provides master-metered gas or
electric service to its residents of the park or community should be
required to transfer responsibility for gas or electric service to
the gas or electrical corporation providing service in the area in
which the park or community is located, in addition to those plants,
facilities, and interests in real property that the commission, in
consultation with the gas or electrical corporation, determines are
necessary, convenient, or cost effective to provide service. These
provisions would be repealed on January 1, 2014.
Vote: majority 2/3 . Appropriation:
no yes . Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 7.2 (commencing with Section
25621) is added to Division 15 of the Public Resources
Code , to read:
CHAPTER 7.2. CLEAN ENERGY JOBS AND INVESTMENT ACT
Article 1. General Provisions
25621. This chapter shall be known and may be cited as the Clean
Energy Jobs and Investment Act.
25621.1. The Legislature finds and declares all of the following:
(a) Investing in clean energy creates jobs, attracts and grows
businesses, and increases California's economic competitiveness.
(b) Investing in energy efficiency results in lower energy bills
for individual households and businesses and saves all ratepayers
money by reducing the need for new powerplants and investments in
transmission and distribution systems.
(c) Clean energy investments benefit ratepayers by cutting energy
waste, diversifying energy supplies, increasing energy security and
grid reliability, reducing harmful air pollutants, and protecting
public health and the environment.
(d) California has been a leader in clean energy development and
deployment, saving consumers billions of dollars from increased
energy efficiency, creating new jobs and businesses, and fostering
innovation through research and development.
(e) Meeting California's renewable energy, energy efficiency, and
emissions reduction policies will require strategic public
investments in clean energy research, development, financing, and
commercialization.
25621.2. It is the intent of the Legislature that investments
made pursuant to this chapter do all of the following:
(a) Develop and deploy clean energy technologies that maximize job
creation and regional sustainability, strengthen California
businesses and economic competitiveness, and provide multiple
benefits to ratepayers.
(b) Save ratepayers money by reducing the need for new powerplants
and investments in transmission and distribution systems.
(c) Accelerate the development and deployment of clean energy
technologies that meet the California renewables portfolio standard
specified in Article 16 (commencing with Section 399.11) of Chapter
2.3 of Part 1 of Division 1 of the Public Utilities Code, energy
storage requirements adopted pursuant to Chapter 7.7 (commencing with
Section 2835) of Part 2 of Division 1 of the Public Utilities Code,
the comprehensive energy efficiency program implemented pursuant to
Section 25943 and Sections 381.2 and 385.2 of the Public Utilities
Code, and subparagraph (C) of paragraph (9) of subdivision (b) of
Section 454.5 of the Public Utilities Code.
(d) Respond to changing energy and technology market conditions.
(e) Leverage additional investments in clean energy to maximize
benefits, reduce costs, and achieve sustainable changes in the market
so that public investment will no longer be needed.
(f) Help local governments to plan, permit, finance, and implement
clean energy development.
(g) Maximize opportunities for low-income households and
disadvantaged communities in urban and rural areas of the state to
participate in these programs.
(h) Promote business and employment opportunities for women,
minorities, veterans, and the disabled.
25621.3. For the purposes of this chapter, the following terms
mean the following:
(a) "Biogas" means digester gas, landfill gas, and any gas derived
from an eligible biomass feedstock.
(b) "Biomass" means an organic material not derived from fossil
fuels, including, but not limited to, agricultural crops,
agricultural wastes and residues, waste pallets, crates, dunnage,
manufacturing and construction wood wastes, landscape and
right-of-way tree trimmings, mill residues that result from milling
lumber, rangeland maintenance residues, biosolids, sludge derived
from organic matter, and wood and wood waste from timbering
operations.
(1) Agricultural wastes and residues include, but are not limited
to, animal wastes, remains, and tallow, food wastes, recycled cooking
oils, and pure cooking oils.
(2) Landscape or right-of-way tree trimmings include all solid
waste materials that result from tree or vegetation trimming or
removal to establish or maintain right-of-way on public or private
land for the following purposes:
(A) Provision of public utilities, including, but not limited to,
natural gas, water, electricity, and telecommunications.
(B) Fuel hazard reduction resulting in fire protection and
prevention.
(C) Recreational use.
(c) "CEIP" or "program" means the Clean Energy Innovation Program,
formerly known as the Public Interest Research, Development, and
Demonstration Program, developed pursuant to Section 25621.12.
(d) "Clean energy" means energy efficiency, including demand-side
management, renewable energy, clean transportation, and energy
storage.
(e) "Comprehensive energy efficiency retrofit," "whole house
retrofit," and "whole building retrofit" mean energy efficiency
retrofits and integrated demand-side management that to seek to
achieve 20-percent or greater energy savings through a comprehensive
package of audits, and energy-saving improvements, such as insulation
and duct sealing, heating, ventilation, and cooling system
improvements, window and appliance upgrades, lighting upgrades,
demand response, and other measures to save energy efficiency.
(f) "Disadvantaged community" has the same meaning as that set
forth in Section 79505.5 of the Water Code.
(g) "Energy storage technology" means technology capable of
absorbing energy, storing it for a period of time, and thereafter
dispatching the energy.
(h) "Grid" means California's electrical grid, including both
transmission and distribution systems.
(i) "Grid integration" means the interconnection, and the seamless
and reliable operation, of generation and demand management
resources and strategies into the grid.
(j) "Low income" means an income at a level that is 200 percent of
the federal poverty level or lower.
(k) "Renewable distributed generation" means an electrical
generation facility that is 20 megawatts or smaller in size and
located on a distribution feeder line or substation that generates
energy from a renewable energy source.
(l ) "Renewable energy" means eligible renewable energy
resources as defined in Section 399.12 of the Public Utilities Code.
25621.4. (a) The Clean Energy Investment Council is hereby
established to provide strategic policy guidance to the commission
for the programs funded pursuant to this chapter to ensure that they
are targeted toward achieving state policy priorities, maximizing
benefits, and avoiding duplication with other agencies and programs.
The council shall consist of the following individuals or their
designees:
(1) The President pro Tempore of the Senate or the Chair of the
Senate Committee on Energy, Utilities and Communications.
(2) The Speaker of the Assembly or the Chair of the Assembly
Committee on Utilities and Commerce.
(3) The Chair of the State Energy Resources Conservation and
Development Commission.
(4) The President of the Public Utilities Commission.
(5) The Chair of the State Air Resources Board.
(6) The Treasurer.
(7) The Chief Executive Officer of the Independent System
Operator, who shall serve as a nonvoting member of the council.
(b) Members of the Legislature shall participate in the activities
of the council to the extent that their participation is not
incompatible with their respective positions as Members of the
Legislature.
(c) The council shall hold at least one public meeting per year.
All meetings of the council shall be subject to the Bagley-Keene Open
Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1
of Part 1 of Division 3 of Title 2 of the Government Code).
Article 2. Clean Energy Innovation Program
25621.10. This article shall be known and may be cited as the
Clean Energy Innovation Program.
25621.11. The Legislature finds and declares all of the
following:
(a) California has been a national leader in clean energy by
establishing ambitious goals, policies, and programs to increase
energy efficiency and generation from renewable energy sources.
(b) Achieving the state's energy goals will benefit the public and
energy utility ratepayers through reduced system costs and reduced
end-user charges for service.
(c) Barriers to achieving these energy goals include, but are not
limited to, significant technological and other challenges relating
to energy storage, renewable energy technology and its integration
into the electrical grid, energy efficiency technologies and
applications, smart grid technologies and applications, integration
of electric vehicles into the electrical grid, and accurately
forecasting the availability of renewable energy for integration into
the grid.
(d) Breakthroughs to overcome these technological challenges and
to enable the state to achieve its energy policy goals require
strategically focused research, development, and demonstration
projects.
(e) It is appropriate and necessary for the state to administer a
program of research, development, and demonstration to accelerate
technological advancement and applied scientific breakthroughs that
may enable the state to achieve its energy policy goals.
25621.12. (a) The Clean Energy Innovation Program (CEIP) is
hereby established for the purpose of funding research, development,
and demonstration projects that may lead to technological advancement
or applied scientific breakthroughs and to overcome the technical,
financial, social, institutional, and other barriers that prevent the
achievement of the state's energy policy goals.
(b) The commission shall develop and administer the program
consistent with this chapter.
25621.13. (a) The commission shall, no less than twice a year,
convene a meeting of the CEIP Advisory Council, which shall consist
of the following members:
(1) The chair of the commission, who shall serve as the chair of
the council.
(2) One representative from Pacific Gas and Electric Corporation.
(3) One representative from Southern California Edison
Corporation.
(4) One representative from San Diego Gas and Electric
Corporation.
(5) One representative from Southern California Gas Company.
(6) One representative from the Public Utilities Commission.
(7) One representative from the Independent System Operator.
(8) One representative from the State Air Resources Board.
(9) One representative from the Division of Ratepayer Advocates
within the Public Utilities Commission.
(10) Two representatives from the State Building and Construction
Trades Council of California.
(11) Two representatives from labor unions in the areas related to
energy efficiency.
(12) One representative from the Apollo Alliance.
(13) Two representatives from consumer organizations, with one
appointed by the Senate Committee on Rules and one appointed by the
Speaker of the Assembly.
(14) Two representatives from environmental organizations, with
one appointed by the Senate Committee on Rules and one appointed by
the Speaker of the Assembly.
(15) Two representatives of environmental justice groups, with one
appointed by the Senate Committee on Rules and one appointed by the
Speaker of the Assembly.
(16) Four representatives from university research institutions,
and other research institutions with two appointed by the Senate
Committee on Rules and two appointed by the Speaker of the Assembly.
(17) Two representatives of clean energy businesses, associations,
or investors appointed by the Governor.
(18) Three at-large members appointed by the Governor.
(19) (A) Two nonvoting members from the Legislature, with one
Senator appointed by the Senate Committee on Rules and one Assembly
Member appointed by the Speaker of the Assembly.
(B) The Members of the Legislature shall participate in the
activities of the council to the extent that the participation is not
incompatible with their respective positions as Members of the
Legislature.
(b) Each member of the council shall serve a term of three years.
(c) The council shall annually identify the technological and
other challenges that are the most significant barriers to achieving
the state's energy policy goals for which CEIP funding is most
warranted. These challenges shall include, but not be limited to,
energy storage, renewable energy for the successful deployment and
integration into the electrical grid, integration of electric
vehicles into the electrical grid, energy efficiency, smart grid, and
accurate forecasting of the availability of renewable energy for
integration into the electrical grid. The commission shall provide
the council with information that includes, but is not limited to,
demand forecasting and relevant trends in energy efficiency, energy
use patterns in California, and fuel and price supply forecasts.
(d) The council shall identify opportunities for leveraged funding
of research, development, and demonstration projects, and make
recommendations to help the commission avoid funding projects that
would duplicate projects already being funded by the Public Utilities
Commission, the State Air Resources Board, or any other public
agency or private organization.
25621.14. (a) The commission shall expend CEIP funds for projects
and program implementation that may lead to technology,
applications, analytics, and other advancements and breakthroughs to
overcome barriers to achieving the state's energy policy goals and
that result in a portfolio of project awards that does, if
appropriate, all of the following:
(1) Is strategically focused and sufficiently narrow to make
advancement on the most significant technological challenges,
including, but not limited to, energy storage, integrating renewable
energy into the electrical grid, and accurately forecasting the
availability of renewable energy for integration into the electrical
grid, identification and cost-effective mitigation of the public
health and environmental impacts of electricity generation and usage,
or technological and applied scientific challenges identified by the
CEIP Advisory Council pursuant to Section 25621.13.
(2) Ensures that prior, current, and future research, development,
and demonstration projects are not unnecessarily duplicated.
(3) Invests in projects of California-based entities unless there
is a unique need that can be met only by an entity based outside of
California.
(4) Results in a reasonably equitable distribution of awards to
various geographic regions of California to the extent possible and
consistent with the provisions of this chapter.
(5) Maximizes expenditure of funds for research, development, and
demonstration projects and minimizes expenditure of funds for
administration and overhead costs.
(6) Utilities may receive funds only if they participate in the
CEIP. Utilities and their customers that do not contribute to the
funding under Section 399.8 of the Public Utilities Code shall
include in any application information demonstrating that the
application supports one or more of the goals set forth in Section
25621.2 and is intended to provide statewide benefits to electric
utility customers.
(b) The commission shall not award or expend CEIP funds for any
purposes except as provided in this chapter.
25621.15. (a) The commission shall adopt regulations, or modify
existing regulations, for the solicitation of award applications,
evaluation of applications, and the award of funds consistent with
this article.
(b) The regulations shall require each applicant to demonstrate
how the proposed project may lead to technological advancement and
potential breakthroughs to overcome barriers to achieving the state's
energy policy goals.
(c) The regulations shall require each reward recipient, as a
condition of receiving CEIP funds, to agree to any terms the
commission determines are appropriate for the state to accrue any
intellectual property interest or royalties that may derive from CEIP
funding.
(d) The regulations shall prohibit any person from participating
in the evaluation or disposition of any application if that person
has a conflict of interest regarding that application, within the
meaning of Section 87100 of the Government Code.
25621.16. (a) The commission, prior to awarding any CEIP funds,
and in consultation with the CEIP Advisory Council, shall establish a
process for tracking the progress and outcomes of each funded
project, including an accounting of the amount of funds spent on
administrative and overhead costs and whether the project resulted in
any technological advancement or breakthrough to overcome barriers
to achieving the state's energy policy goals.
(b) The commission may require CEIP awardees to report the
progress and outcome of each funded project for up to five years
after the end of the award agreement.
25621.17. The commission, prior to awarding any CEIP funds, and
in consultation with the CEIP Advisory Council and the Treasurer,
shall establish terms that may be imposed as a condition to receipt
of funding, as the commission determines appropriate, for the state
to accrue any intellectual property interest or royalties that may
derive from CEIP funding. The commission, when determining if
imposition of these terms is appropriate, shall balance the potential
benefit to the state from those terms and the effect those terms may
have on the state achieving its energy policy goals.
25621.18. (a) The commission, not later than March 31 of each
year, shall prepare and submit to the Legislature an annual report in
compliance with Section 9795 of the Government Code that shall
include all of the following:
(1) A brief description of each project for which funding was
awarded in the immediately prior calendar year, including the name of
the recipient and amount of award, and a description of how the
project may lead to technological advancement or breakthroughs to
overcome barriers to achieving the state's energy policy goals.
(2) A brief description of each CEIP-funded project that was
completed in the immediately prior calendar year, including the name
of the recipient, the amount of the award, and the outcomes of the
funded project, in accordance with the process described in Section
25620.16.
(3) A brief description of each CEIP-funded project for which an
award was made in previous years but that is not completed, including
the name of the recipient and amount of the award, and a description
of how the project may lead to technological advancement or
breakthroughs to overcome barriers to achieving the state's energy
policy goals.
(4) A list and description of the technological challenges that
the CEIP Advisory Council identifies as the most significant barriers
to achieving the state's energy policy goals, as identified by the
council pursuant to Section 25620.13 for the current year and all
prior years.
(5) A description of each project for which funding was awarded to
small businesses, microbusinesses, and women-, minority-, or
disabled veteran-owned businesses.
(b) The commission shall post on its Internet Web site each annual
report, and a searchable database containing information in the
annual report, and shall also include information on awards made
under the former Public Interest Research, Development, and
Demonstration Program.
(c) The commission shall establish procedures for protecting
confidential or proprietary information in public reports about
CEIP-funded projects.
SEC. 2. Section 25740.5 of the Public
Resources Code , as amended by Section 5 of Chapter 1 of
the First Extraordinary Session of the Statutes of 2011, is repealed.
25740.5. (a) The commission shall optimize public investment and
ensure that the most cost-effective and efficient investments in
renewable energy resources are vigorously pursued.
(b) The commission's long-term goal shall be a fully competitive
and self-sustaining supply of electricity generated from renewable
sources.
(c) The program objective shall be to increase, in the near term,
the quantity of California's electricity generated by renewable
electrical generation facilities located in this state, while
protecting system reliability, fostering resource diversity, and
obtaining the greatest environmental benefits for California
residents.
(d) An additional objective of the program shall be to identify
and support emerging renewable technologies in distributed generation
applications that have the greatest near-term commercial promise and
that merit targeted assistance.
(e) The Legislature recommends allocations among all of the
following:
(1) Rebates, buydowns, or equivalent incentives for emerging
renewable technologies.
(2) Customer education.
(3) Production incentives for reducing fuel costs, that are
confirmed to the satisfaction of the commission, at solid fuel
biomass energy facilities in order to provide demonstrable
environmental and public benefits, including improved air quality.
(4) Solar thermal generating resources that enhance the
environmental value or reliability of the electrical system and that
require financial assistance to remain economically viable, as
determined by the commission. The commission may require financial
disclosure from applicants for purposes of this paragraph.
(5) Specified fuel cell technologies, if the commission makes all
of the following findings:
(A) The specified technologies have similar or better air
pollutant characteristics than renewable technologies in the report
made pursuant to Section 25748.
(B) The specified technologies require financial assistance to
become commercially viable by reference to wholesale generation
prices.
(C) The specified technologies could contribute significantly to
the infrastructure development or other innovation required to meet
the long-term objective of a self-sustaining, competitive supply of
electricity generated from renewable sources.
(6) Existing wind-generating resources, if the commission finds
that the existing wind-generating resources are a cost-effective
source of reliable energy and environmental benefits compared with
other renewable electrical generation facilities located in this
state, and that the existing wind-generating resources require
financial assistance to remain economically viable. The commission
may require financial disclosure from applicants for the purposes of
this paragraph.
(f) Notwithstanding any other law, moneys collected for renewable
energy pursuant to Article 15 (commencing with Section 399) of
Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code
shall be transferred to the Renewable Resource Trust Fund. Moneys
collected between January 1, 2007, and January 1, 2012, shall be used
for the purposes specified in this chapter.
SEC. 3. Section 25740.5 is added to the
Public Resources Code , to read:
25740.5. (a) The Clean Energy Investment Team is hereby created
within the commission to support achievement of the state's renewable
energy goals, including the growth of distributed generation, and
seek creative solutions to barriers to development and deployment of
technologies to achieve those goals. The team shall work to provide
technical assistance, tools, and resources to support industry, local
government, and economic and workforce development leaders in
efforts to overcome these barriers.
(b) Activities eligible for investment pursuant to this chapter
include, but are not limited to, those which will maximize job
creation and economic growth through the deployment and
commercialization of renewable energy, grid integration, and energy
storage technologies. Activities authorized by this chapter shall
support and foster the development of a diverse, reliable, and
environmentally sustainable portfolio of renewable energy sources,
including, but not limited to, distributed generation, demonstration
projects on California state buildings or property, renewable
generation on farmland, the New Solar Homes Partnership, energy
storage, clean energy manufacturing in California, existing and
advanced biogas, biomass, other clean energy technologies, and
workforce development.
(c) (1) Any investments in biomass or biogas made pursuant to this
chapter shall be targeted to incubate and commercialize technologies
and facilities that do any of the following:
(A) Increase efficiency or reduce air pollution from existing
biomass facilities.
(B) Generate energy from regional agricultural or food processing
waste.
(C) Develop or expand facilities to capture emissions and generate
biogas from wastewater treatment facilities or landfills.
(D) Generate energy from community-scale, woody biomass facilities
that promote safe and resilient forests, provide rural community
benefits, protect air and water quality, and are ecologically
sustainable.
(E) Provide fuel cells that provide backup generation for
emergency, safety, or telecommunication systems using renewable fuels
that are not more than 50 kilowatts rated per site and are not
eligible for other
similar rebates, buydowns, or incentives from the commission or the
Public Utilities Commission.
(2) The Natural Resources Agency, in coordination with the
California Environmental Protection Agency, shall develop and adopt
sustainability guidelines, in an open public process, governing the
production of forest biomass
(d) Any investments in energy storage made pursuant to this
chapter shall focus on energy storage technologies and applications
on the utility side of the meter, including utility-owned energy
storage projects that enhance renewable energy integration into the
grid or increase the efficiency of transmission and distribution
lines.
(e) (1) The commission, in coordination with the Office of
Planning and Research and the Secretary of the Natural Resources
Agency, shall provide targeted financial and technical assistance to
local and regional governments for the planning, siting, and
permitting of renewable energy facilities. These investments may
include grants to enable local governments to participate in regional
energy and conservation planning pursuant to the Natural Communities
Conservation Planning Act, Assembly Bill 13 of the 2011-12 First
Extraordinary Session, and other applicable laws. These investments
may also include the development of model permitting applications and
ordinances for distributed generation facilities and other measures
that facilitate efficient and cost-effective development of renewable
energy.
(2) Notwithstanding Section 2851 of the Public Utilities Code, the
funds collected pursuant to Section 399.8 of the Public Utilities
Code and used for the California Solar Initiative pursuant to
paragraph (3) of subdivision (e) of Section 2851 of the Public
Utilities Code shall be administered by electrical corporations
subject to supervision by the Public Utilities Commission. The Public
Utilities Commission shall supervise the New Solar Homes Partnership
(NSHP) according to guidelines established by the commission
pursuant to Chapter 8.6 (commencing with Section 25740). The
commission shall adopt and update NSHP program guidelines and rebate
levels, as needed, and to ensure that NSHP funding includes solar hot
water heating, gives priority to NSHP developments in economically
distressed and disadvantaged communities, provides incentives for
low- and moderate-income households to participate, ensures that not
less than 25 percent of the funds collected for the NSHP pursuant to
this subdivision are used for multifamily units and rental dwellings,
ensures that not less than 25 percent of the funds collected for the
NSHP pursuant to this subdivision are used in disadvantaged
communities, and provides for increased accountability and
streamlined application process.
(f) The team shall, in coordination with other state entities,
periodically analyze the renewable technology market and workforce
trends and identify barriers to renewable energy industry development
in the state.
(g) The team shall develop and adopt a multiyear investment plan,
for approval by the commission, to establish priority activities for
the team to achieve the goals of this chapter and describe how
funding will complement, but not duplicate, existing public and
private investments, including existing state programs that further
the goals of this chapter.
(h) The commission shall create and consult with an advisory body
to work with the team as it develops the investment plan pursuant to
subdivision (f). The advisory body is subject to the Bagley-Keene
Open Meeting Act (Article 9 (commencing with Section 11120) of
Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
The team shall, at a minimum, hold one annual public hearing on the
advisory body's recommendations prior to the commission's
consideration and approval of the investment plan.
(i) Membership of the advisory body created pursuant to
subdivision (h) shall include, but is not limited to, representatives
from investor-owned utilities, the Public Utilities Commission and
Independent System Operator, customer representatives, clean energy
businesses and investors, local governments, environmental groups,
environmental justice groups, ratepayer groups, business
associations, the State Building and Construction Trade Council of
California, the Apollo Alliance, and research and technical experts.
The advisory body shall meet at least twice annually to provide
strategic and technical guidance.
(j) On or before March 15, 2012, and by January 31 annually
thereafter, the commission shall submit the draft of a multiyear
investment plan, as developed in accordance with subdivision (g), for
the upcoming fiscal year to all relevant policy and fiscal
committees of the Legislature.
(k) It is the intent of the Legislature that the investment plan
highlights and explains the rationale for any year-to-year changes to
the commission's activity strategy and priorities, particularly with
respect to specific demonstration programs or policy initiatives.
(l) It is the intent of the Legislature that submission of the
draft investment plan, along with timely notification of significant
modifications to the investment plan thereafter, will ensure
legislative oversight of the program and provide the Legislature with
all of the necessary information to fully understand how and why
funds are to be allocated and prioritized within the program.
(m) A demonstration project or activity funded by the commission
shall be approved at a noticed public hearing of the commission and
shall be consistent with the priorities established by the investment
plan adopted pursuant to subdivision (g).
(n) The commission may make a single source or sole source award
in compliance with the requirements set forth in Section 25620.5.
(o) Moneys collected for renewable energy pursuant to Article 15
(commencing with Section 399) of Chapter 2.3 of Part 1 of Division 1
of the Public Utilities Code shall be transferred to the Renewable
Resource Trust Fund. Moneys collected between January 1, 2012, and
January 1, 2020, shall be used for the purposes specified in this
chapter.
SEC. 4. Section 384 of the Public
Utilities Code is amended to read:
384. (a) Funds transferred to the State Energy Resources
Conservation and Development Energy Commission
pursuant to this article for purposes of public interest research,
development, and demonstration shall be transferred to the
Public Interest Research, Development, and Demonstration
Clean Energy Innovation Fund, which is hereby created in
the State Treasury. The fund is a trust fund and shall contain money
from all interest, repayments, disencumbrances, royalties, and any
other proceeds appropriated, transferred, or otherwise received for
purposes pertaining to public interest research, development, and
demonstration. Any appropriations that are made from the fund shall
have an encumbrance period of not longer than two years, and a
liquidation period of not longer than four years.
(b) Funds deposited in the Public Interest Research,
Development, and Demonstration Clean Energy Innovation
Program Fund , upon appropriation by the Legislature,
may be expended for projects that serve the energy
needs of both stationary and transportation purposes if the research
provides an electricity ratepayer benefit by the
Energy Commission to implement Chapter 7.2 (commencing with Section
25621) of Division 15 of the Public Resources Code .
(c) The State Energy Resources Conservation and
Development Energy Commission shall report
annually to the appropriate budget committees of the Legislature on
any encumbrances or liquidations that are outstanding at the time the
commission's Energy Commission's
budget is submitted to the Legislature for review.
(d) (1) The unencumbered balance of funds in the Public Interest
Research, Development, and Demonstration Fund as of January 1, 2012,
shall be transferred to the Clean Energy Innovation Program Fund.
(2) The Public Interest Research, Development, and Demonstration
Wrap-Up Account is hereby created in the Clean Energy Innovation
Program Fund. The encumbered balance of funds in the Public Interest
Research, Development, and Demonstration Fund collected by electrical
corporations prior to January 1, 2012, shall be transferred to the
account to be used by the Energy Commission to administer and honor
contracts, grants, or other awards made by the Energy Commission
pursuant to Chapter 7.1 (commencing with Section 25740) of Division
15 the Public Resources Code prior to January 1, 2012.
SEC. 5. Section 384.3 is added to the
Public Utilities Code , to read:
384.3. (a) The commission shall implement the principles for the
state's investments in energy efficiency retrofits pursuant to this
section and Section 399.4.
(b) The commission, in evaluating energy efficiency investment
pursuant to its authority, shall do all of the following:
(1) Maximize in-state job development.
(2) Maximize cost-effective energy savings.
(3) Create and expand financing mechanisms that produce long-term
benefits and that can become self-sustaining over time.
(4) Ensure that moneys collected by an electrical corporation are
not expended for the purposes of providing incentives to customers
outside of the service territory of the electrical corporation.
(5) Significantly increase activity in building energy efficiency
improvements.
(c) This section does not prohibit expenditure of program funds to
subsidize the manufacture, distribution, or the wholesale or retail
stocking of efficient appliances, or the provision of appliance
rebates from retail outlets within the service terrority of an
electrical corporation.
(d) Funds collected pursuant to Section 399.8 and allocated to
energy efficiency programs, consistent with subparagraph (C) of
paragraph (9) of subdivision (b) of Section 454.5 shall be invested
in, and leverage resources available to, further the goals of
Sections 25621.1 and 25621.2 of the Public Resources Code. The funds
used pursuant to this section shall be targeted to do any of the
following:
(1) Achieve the goals in subparagraph (C) of paragraph (9) of
subdivision (b) of Section 454.5, the scoping plan adopted pursuant
to Section 38561 of the Health and Safety Code, Section 385.2, the
commission's energy efficiency goals and policies, and other state
energy efficiency policies.
(2) Maximize job creation, economic development, and energy
savings by establishing financing mechanisms that leverage funds
provided pursuant to this chapter to the maximum extent feasible,
encourage significant private investments in energy efficiency,
operate in coordination with other energy efficiency and clean energy
programs, and seek to achieve lasting market transformation and
sustainability.
(3) Provide for comprehensive energy efficiency retrofits
consistent with guidelines adopted pursuant to Section 25943 of the
Public Resources Code and in a manner that leverages ratepayer funds
to the maximum extent feasible and is cost effective to increase
investment in energy efficiency where appropriate in a manner that
will ensure that the investments produce energy savings.
(4) Ensure opportunities for low-income and moderate-income
households, including multifamily households, and economically
disadvantaged communities to participate in financing mechanisms for
comprehensive energy efficiency programs, and include preferences for
programs and program providers in economically disadvantaged
communities in coordination with those services made available
pursuant to Sections 739 and 2790.
(5) Coordinate with low-income energy efficiency and
weatherization programs, including those administered by other state
and local agencies, and community based organizations to maximize the
effectiveness and efficiency of those programs.
(6) Increase participation in energy efficiency financing and
program implementation by independent third-party providers,
including, but not limited to, local and regional government energy
offices, nonprofit organizations, community organizations such as
conservation corps and youth corps, small businesses, and minority-,
women-, and disabled veteran-owned businesses, and the California
Conservation Corps. The commission shall ensure that all
administrators and providers are held to the same standards of
performance and accountability.
(7) Coordinate with the Clean Energy Innovation Program to ensure
new technologies are integrated into program implementation.
(8) Require independent evaluation, measurement, and verification
consistent with requirements established pursuant to Section 25943 of
the Public Resources Code prior to implementation.
(9) Improve coordination of energy efficiency programs among
federal, state, local, and private programs to mobilize investment in
energy efficiency and efficiency retrofits, and eliminate
duplication.
(10) Align electrical corporation risk-reward incentives based on
adopted measurement and verification standards.
(e) The commission shall develop or authorize financing mechanisms
subject to subdivision (d) that are appropriate to each market
segment in coordination with the Energy Commission.
(f) The commission shall establish a standard for what constitutes
cost-effective energy programs to ensure that the benefits of
comprehensive energy efficiency programs exceed their costs.
(g) The commission shall ensure the state's investments in
cost-effective energy efficiency retrofits are accountable and
transparent by doing all of the following:
(1) Make data publicly available while maintaining customer
privacy in a manner that provides sufficient information to ascertain
the total program costs and benefits, typical installed cost of
energy efficiency measures where appropriate, the amount of expected
energy savings over the life of the program measure or program
compared to the incentive and other expenditures incurred, the
geographic distribution of projects, the type of measures deployed in
each electrical corporation's service area, and the performance of
energy efficiency measures for the utility service area individually
or collectively, as appropriate.
(2) Verify energy demand reductions by region and assess progress
toward energy efficiency goals, ensure that consumer information is
made publicly available to assist customers in finding reliable
contractors and energy efficiency measures, to understand the costs
and benefits of energy efficiency measures, to understand their
energy bills, and to understand the costs and benefits of various
means of financing energy efficiency measures.
(3) Make all contract bidding opportunities publicly available,
including contracts administered by electrical corporations or
third-party administrators, and ensure that small businesses and
minority-, women-, and disabled veteran-owned businesses are afforded
full opportunities to participate during the contract bidding
process.
(4) Ensure that major products in all commission consultant
contracts are made available in a timely manner on the commission's
Internet Web site.
(h) The commission shall, in coordination with the Energy
Commission and pursuant to Section 25943 of the Public Resources
Code, adopt measurable goals and performance standards for each
building sector and financing mechanism. Financial assistance shall
be limited to no more than the amount necessary to finance energy
efficiency improvement without exceeding the value of the savings
over the life of the energy efficiency improvement. The commission
shall adopt performance-based standards for financial investment
tools to ensure that the recipients are provided accurate information
regarding the costs and benefits of the financial assistance.
(i) The commission shall convene a stakeholder advisory committee
no fewer than two times annually to provide technical and strategic
guidance for the development and administration of energy efficiency
financing programs developed pursuant to this section. The committee
shall include representatives of the investor-owned utilities, the
Energy Commission, customer representatives, energy efficiency
investors, technology companies, installers, local governments,
diverse environmental groups, including environmental justice groups,
commercial building owners and managers, the Treasurer, and other
entities, as appropriate.
(j) The commission shall authorize funding in a manner that
provides opportunities for all customer sectors to participate,
including, but not limited to, residential single family and
multifamily, commercial, and small business, agriculture and food
processing, public buildings owned by the state or local governments,
or special assessment and school districts, and industrial entities.
(1) In developing and expanding financing mechanisms for
commercial building retrofits, the commission shall consider the
unique challenges related to energy retrofits in commercial
buildings, including length of payback, access to capital, allocation
of costs between tenants and owners, and related structural issues.
Programs and methods that should be considered include, but are not
limited to, revolving loans, low-interest loans, loan-loss reserves,
loan guarantees, interest rate buy-down, property-secured financing,
onbill financing or repayment, grants, use of the California
Infrastructure and Economic Development Bank, the California
Alternative Energy Transportation Financing Authority, or other
appropriate financing mechanisms.
(2) The commission shall analyze and determine the most effective
means to increase cost-effective investment in residential energy
efficiency, including local and regional, public and private,
financing mechanisms to reduce the cost of capital and leverage
public funds to the maximum extent practicable. This evaluation shall
be used to prioritize future investments in residential energy
efficiency pursuant to Section 399.8 and other provisions as
appropriate. This evaluation shall include revolving loans,
low-interest loans, loan-loss reserves, loan guarantees, interest
rate buy-down, property-secured financing, onbill financing or
repayment, grants, use of the California Infrastructure and Economic
Development Bank, the California Alternative Energy Transportation
Financing Authority, or other appropriate financing mechanisms.
(3) The commission shall evaluate and authorize funding mechanisms
to finance comprehensive energy efficiency retrofits of public
buildings. This evaluation shall be used to prioritize the adoption
of financial investment tools for public building energy efficiency
retrofits pursuant to Section 399.8 and other provisions, as
appropriate. This evaluation shall consider financial investment too,
such as onbill financing and repayment, regional municipal financing
program, revolving loan funds performance guarantees, use of the
California Infrastructure and Economic Development Bank, and other
measures that leverage fund provided pursuant to this section to the
maximum extent possible.
(k) The commission shall encourage local government participation
in, and administration of, public building retrofit financing
programs. The commission shall coordinate with the Treasurer, the
Energy Commission, the electrical corporations, and local governments
to identify the most appropriate and suitable local and regional
government administrators. For purposes of this subdivision, local
governments include local and regional energy offices, joint powers
authorities, special assessment districts, local government councils
and associations, and other local government entities.
(l ) Funds collected pursuant to Section 399.8 and allocated
for energy efficiency that are subject to the requirements of this
section shall be supervised by the Public Utilities Commission.
SEC. 6. Section 399.8 of the Public
Utilities Code is amended to read:
399.8. (a) In order to ensure that the citizens of this state
continue to receive safe, reliable, affordable, and environmentally
sustainable electric service, it is the policy of this state and the
intent of the Legislature that prudent investments in energy
efficiency, renewable energy, and research, development and
demonstration clean energy innovation shall
continue to be made.
(b) (1) Every customer of an electrical corporation shall pay a
nonbypassable system benefits charge authorized pursuant to this
article. The system benefits charge shall fund energy efficiency,
renewable energy, and research, development and
demonstration clean energy innovation .
(2) Local publicly owned electric utilities shall continue to
collect and administer system benefits charges pursuant to Section
385.
(c) (1) The commission shall require each electrical corporation
to identify a separate rate component to collect revenues to fund
energy efficiency, renewable energy, and research,
development and demonstration clean energy innovation
programs authorized pursuant to this section beginning January
1, 2002, and ending January 1, 2012 2020
. The rate component shall be a nonbypassable element of the
local distribution service and collected on the basis of usage.
(2) This rate component may not exceed, for any tariff schedule,
the level of the rate component that was used to recover funds
authorized pursuant to Section 381 on January 1, 2000. If the amounts
specified in paragraph (1) of subdivision (d) are not recovered
fully in any year, the commission shall reset the rate component to
restore the unrecovered balance, provided that the rate component may
not exceed, for any tariff schedule, the level of the rate component
that was used to recover funds authorized pursuant to Section 381 on
January 1, 2000. Pending restoration, any annual shortfalls shall be
allocated pro rata among the three funding categories in the
proportions established in paragraph (1) of subdivision (d).
(d) The commission shall order San Diego Gas and Electric Company,
Southern California Edison Company, and Pacific Gas and Electric
Company to collect these funds commencing on January 1, 2002
2012 , as follows:
(1) Two hundred twenty-eight fifty
million dollars ($228,000,000) ($250,000,000)
per year in total for energy efficiency and conservation
activities, sixty-five million five hundred thousand dollars
($65,500,000) seventy-five million dollars
($75,000,000) in total per year for renewable energy, and
sixty-two million five hundred thousand dollars
($62,500,000) seventy-five million dollars
($75,000,000) in total per year for research,
development and demonstration clean energy innovation
. The funds for energy efficiency and conservation activities
shall continue to be allocated in proportions established for the
year 2000 as set forth in paragraph (1) of subdivision (c)
of Section 381 .
(2) The amounts shall be adjusted annually at a rate equal to the
lesser of the annual growth in electric commodity sales or inflation,
as defined by the gross domestic product deflator.
(e) The commission shall ensure that each electrical corporation
allocates funds transferred by the Energy Commission pursuant to
subdivision (b) of Section 25743 in a manner that maximizes the
economic benefit to all customer classes that funded the New
Renewable Resources Account.
(f) The commission and the Energy Commission
shall retain and continue their oversight its
responsibilities as set forth in Sections 381 and
383, and Chapter 7.1 (commencing with Section 25620) and
Chapter 8.6 (commencing with Section 25740) of Division 15 of the
Public Resources Code.
(g) An applicant for the Large Nonresidential Standard Performance
Contract Program funded pursuant to paragraph (1) of subdivision (b)
and an electrical corporation shall promptly attempt to resolve
disputes that arise related to the program's guidelines and
parameters prior to entering into a program agreement. The applicant
shall provide the electrical corporation with written notice of any
dispute. Within 10
business days after receipt of the notice, the parties shall meet to
resolve the dispute. If the dispute is not resolved within 10
business days after the date of the meeting, the electrical
corporation shall notify the applicant of his or her right to file a
complaint with the commission, which complaint shall describe the
grounds for the complaint, injury, and relief sought. The commission
shall issue its findings in response to a filed complaint within 30
business days of the date of receipt of the complaint. Prior to
issuance of its findings, the commission shall provide a copy of the
complaint to the electrical corporation, which shall provide a
response to the complaint to the commission within five business days
of the date of receipt. During the dispute period, the amount of
estimated financial incentives shall be held in reserve until the
dispute is resolved.
SEC. 7. Section 9615 of the Public
Utilities Code is amended to read:
9615. (a) Each local publicly owned electric utility, in
procuring energy to serve the load of its retail end-use customers,
shall first acquire all available energy efficiency and demand
reduction resources that are cost effective, reliable, and feasible.
(b) On or before June 1, 2007, and by June 1 of every third year
thereafter, each local publicly owned electric utility shall identify
all potentially achievable cost-effective electricity efficiency
savings and shall establish annual targets for energy efficiency
savings and demand reduction for the next 10-year period. A local
publicly owned electric utility's determination of potentially
achievable cost-effective electricity efficiency savings shall be
made without regard to previous minimum investments undertaken
pursuant to Section 385. A local publicly owned electric utility
shall treat investments made to achieve energy efficiency savings and
demand reduction targets as procurement investments.
(c) Within 60 days of adopting annual targets pursuant to
subdivision (b), each local publicly owned electric utility shall
report those targets to the State Energy Resources
Conservation and Development Energy Commission,
and the basis for establishing those targets.
(d) (1) Each local publicly owned electric utility shall make
information available in electronic form on an Internet Web site
relative to the utility's investments in energy efficiency programs,
which includes information and data relative to all of the following:
(A) A general description of the utility's energy efficiency
programs.
(B) The total budget for energy efficiency programs during the
then-current fiscal year with the remaining unencumbered available
funds.
(C) A summary of expenditures made for energy efficiency programs
during the then-current fiscal year that includes the following:
(i) The number of rebates or other incentives provided.
(ii) The dollars spent or encumbered for each energy efficiency
program.
(iii) A breakdown of the recipients of rebates or other incentives
by customer classes and for residential customers, by whether the
recipients are low-income customers.
(2) The information required by paragraph (1) shall be updated not
less often than quarterly.
(3) The information required by paragraph (1) may be made
available in the form of a spreadsheet accessible by a uniform
resource locator (URL) connection on an Internet Web site.
(4) Each local publicly owned electric utility shall provide the
Energy Commission with information as to how to access the
information required by paragraph (1). The Energy Commission shall
make information available on its Internet Web site, including a
uniform resource locator (URL) connection, that will enable members
of the public to access the information required by paragraph (1).
(d)
(e) Each local publicly owned electric utility shall
report annually to its customers and to the State Energy
Resources Conservation and Development Energy
Commission. The report shall contain, but is not limited to, both of
the following:
(1) Its investments in energy efficiency and demand reduction
programs.
(2) A description of programs, expenditures, cost-effectiveness,
and expected and actual energy efficiency savings and demand
reduction results.
(e)
(f) Each local publicly owned electric utility shall
also annually develop and submit to the State Energy
Resources Conservation and Development Energy
Commission a report containing all of the following:
(1) The sources of funding for its investments in energy
efficiency and demand reduction program investments.
(2) The methodologies and input assumptions used to determine
cost-effectiveness.
(3) The results of an independent evaluation that measures and
verifies the energy efficiency savings and reduction in energy demand
achieved by its energy efficiency and demand reduction programs.
(4) The information required to be reported pursuant to
subdivision (b) of Section 385.2.
(f) The State Energy Resources Conservation and
Development Energy Commission shall include a
summary of the information reported pursuant to subdivision
(e) (f) in the integrated energy policy report
prepared pursuant to Chapter 4 (commencing with Section 25300) of
Division 15 of the Public Resources Code. The State Energy
Resources Conservation and Development Energy
Commission shall also include, for each local publicly owned electric
utility, a comparison of the local publicly owned electric utility's
annual targets established in accordance with this section, and the
local publicly owned electric utility's actual energy efficiency
savings and demand reductions. If the State Energy Resources
Conservation and Development Energy Commission
determines that improvements can be made in either the level of a
local publicly owned electric utility's annual targets to achieve all
cost-effective, reliable, and feasible energy savings and demand
reductions and to enable the local publicly owned electric utilities,
in the aggregate, to achieve statewide targets established pursuant
to Section 25310 Sections 25310 and 25943 of
the Public Resources Code , or in meeting each local publicly
owned electric utility's annual targets, the State Energy
Resources Conservation and Development Energy
Commission shall provide recommendations to the local publicly owned
electric utility, the Legislature, and the Governor on those
improvements.
SEC. 8. Section 9615.1 is added to the
Public Utilities Code , to read:
9615.1. (a) Each local publicly owned electric utility shall
report annually to its customers and to the Energy Commission its
activities undertaken pursuant to paragraphs (3) and (4) of
subdivison (a)of Section 385.
(b) With respect to the utility's research, development, and
demonstration programs for the public interest to advance science or
technology which is not adequately provided by competitive and
regulated markets, the information shall include:
(1) A general description of the utility's research, development,
and demonstration programs undertaken, whether ongoing or newly
commenced, during the then-current fiscal year.
(2) Total expenditures for all research, development, and
demonstration programs undertaken during the then-current fiscal
year, with disaggregated information identifying expenditures for
specific programs or projects, to the extent practical.
(c) With respect to the utility's programs to provide service for
low-income electricity customers, including energy efficiency
services, education, weatherization, and rate discounts, the
information shall include:
(1) All programs offered by the utility to provide service for
low-income electricity customers.
(2) The eligibility criteria for each program offered by the
utility to provide service for low-income electricity customers.
(3) A description of any outreach mechanism employed by the
utility to advance participation in the program by those persons that
are eligible for the program.
(4) Annual expenditures by the utility for its programs to provide
service for low-income electricity customers.
(5) The number of customers participating in programs offered by
the utility to provide service for its low-income electricity
customers.
(d) Each local publicly owned electric utility shall make the
report available in electronic form on an Internet Web site.
(e) Each local publicly owned electric utility shall provide the
Energy Commission with information as to how to access the reports
required by subdivisions (b) and (c). The Energy Commission shall
make information available on its Internet Web site, including a
uniform resource locator (URL) connection, that will enable members
of the public to access the reports required by subdivisions (b) and
(c).
SEC. 9. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act or
because costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
SECTION 1. Section 2800 is added to the Public
Utilities Code, to read:
2800. (a) By February 1, 2012, the commission shall open an
investigation or other appropriate proceeding to evaluate when the
owner of a mobilehome park or manufactured housing community that
provides master-metered gas or electric service to its residents
should be required to transfer responsibility for gas or electric
service to the gas or electrical corporation providing service in the
area in which the park or community is located, in addition to those
plants, facilities, and interests in real property that the
commission, in consultation with the gas or electrical corporation,
determines are necessary, convenient, or cost effective to provide
service.
(b) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
