Bill Text: CA AB793 | 2013-2014 | Regular Session | Amended

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Bill Title: San Joaquin Valley Groundwater Conservancy.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Engrossed - Dead) 2014-06-30 - Read second time. Ordered to third reading. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c). [AB793 Detail]

Download: California-2013-AB793-Amended.html

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BILL NUMBER: AB 793	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 26, 2014
	AMENDED IN SENATE  JULY 9, 2013
	AMENDED IN SENATE  JUNE 25, 2013
	AMENDED IN SENATE  JUNE 11, 2013
	AMENDED IN ASSEMBLY  MAY 13, 2013
	AMENDED IN ASSEMBLY  APRIL 22, 2013
	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Member Gray
    (   Principal coauthor: 
 Senator   Cannella   )

    (   Coauthor:   Assembly Member  
Olsen   ) 
    (   Coauthors:   Senators  
Berryhill   and Cannella   ) 

                        FEBRUARY 21, 2013

   An act to  amend Section 399.30 of the Public Utilities
  add Division 23.4 (commencing with Section 33400) to
the Public Resources  Code, relating to  renewable
energy.   the San Joaquin Valley Groundwater
Conservancy. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 793, as amended, Gray.  Renewable energy: publicly
owned electric utility: hydroelectric generation facility. 
 San Joaquin Valley Groundwater Conservancy.  
   Existing law authorizes various conservancies to acquire, manage,
direct the management of, and conserve public lands in the state.
 
   This bill would establish the San Joaquin Valley Groundwater
Conservancy, to undertake various activities related to the San
Joaquin Valley, as defined, and would prescribe the management,
powers, and duties of the conservancy. The bill would create the San
Joaquin Valley Groundwater Conservancy Fund in the State Treasury.
Moneys in the fund would be available, upon appropriation, for the
purposes of the conservancy.  
   The California Renewables Portfolio Standard Program, referred to
as the RPS program, requires a retail seller of electricity, as
defined, and local publicly owned electric utilities to purchase
specified minimum quantities of electricity products from eligible
renewable energy resources, as defined, for specified compliance
periods, sufficient to ensure that the procurement of electricity
products from eligible renewable energy resources achieves 20% of
retail sales for the period from January 1, 2011, to December 31,
2013, inclusive, 25% of retail sales by December 31, 2016, and 33% of
retail sales by December 31, 2020, and in all subsequent years. The
RPS program, consistent with the goals of procuring the least-cost
and best-fit eligible renewable energy resources that meet project
viability principles, requires that all retail sellers procure a
balanced portfolio of electricity products from eligible renewable
energy resources, as specified, referred to as portfolio content
requirements.  
   This bill would provide that a local publicly owned electric
utility is not required to procure additional eligible renewable
energy resources in excess of specified levels, if it receives 50% or
greater of its annual retail sales from its own hydrodelectric
generation meeting specified requirements. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Division 23.4 (commencing with Section
33400) is added to the   Public Resources Code   ,
to read:  

      DIVISION 23.4.  San Joaquin Valley Groundwater Conservancy


      CHAPTER 1.  GENERAL PROVISIONS AND DEFINITIONS


   33400.  This division shall be known, and may be cited, as the San
Joaquin Valley Groundwater Conservancy Act.
   33401.  The Legislature finds and declares all of the following:
   (a) The San Joaquin Valley is a globally significant area, rich in
agricultural production, which provides food for domestic
consumption and sale abroad.
   (b) The San Joaquin Valley is an important part of the state's
economy, contributing billions of dollars a year to the state's gross
domestic product through, among other things, the production of
agricultural products, timber resources, ranching, mining, tourism,
and recreation.
   (c) Groundwater has enabled the San Joaquin Valley to become one
of the most productive agricultural regions in the nation, and
overdraft of this precision resource has the potential to harm the
short- and long-term viability of agricultural production in the San
Joaquin Valley.
   (d) In cooperation with local governments, private business,
nonprofit organizations, and the public, a San Joaquin Valley
Groundwater Conservancy can help do all of the following:
   (1) Provide increased opportunities for responsible groundwater
management.
   (2) Protect, conserve, and restore the region's underground
aquifers and surface water resources.
   (3) Reduce the risk of groundwater overdraft, including the risk
of subsidence.
   (4) Protect and improve water quality.
   (5) Assist the regional economy through the operation of the
conservancy's program.
   (6) Identify the highest priority projects and initiatives for
which funding is needed.
   (7) Support efforts that advance both groundwater management and
the economic well-being of San Joaquin Valley residents in a
complementary manner.
   33402.  For the purposes of this division, the following terms
have the following meanings:
   (a) "Board" means the Governing Board of the San Joaquin Valley
Groundwater Conservancy.
   (b) "Conservancy" means the San Joaquin Valley Groundwater
Conservancy.
   (c) "Fund" means the San Joaquin Valley Groundwater Conservancy
Fund created pursuant to Section 33455.
   (d) "Local public agency" means a city, county, district, or joint
powers authority.
   (e) "Nonprofit organization" means a private, nonprofit
organization that qualifies for exempt status under Section 501(c)(3)
of Title 26 of the United States Code, and whose charitable purposes
are consistent with the purposes of the conservancy as set forth in
this division.
   (f) "Region" or "San Joaquin Valley" means the area lying within
the Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin,
Stanislaus, and Tulare.
   (g) "Tribal organization" means an Indian tribe, band, nation, or
other organized group or community, or a tribal agency authorized by
a tribe, which is recognized as eligible for special programs and
services provided by the United States to Indians because of their
status as Indians and is identified on pages 47868 to 47873,
inclusive, of Number 155 of Volume 77 (August 10, 2012) of the
Federal Register, as that list may be updated or amended from time to
time.
      CHAPTER 2.  SAN JOAQUIN VALLEY GROUNDWATER CONSERVANCY


   33420.  There is in the Resources Agency the San Joaquin Valley
Groundwater Conservancy, which is created as a state agency to do all
of the following, working in collaboration and cooperation with
local governments and interested parties:
   (a) Provide increased opportunities for tourism and recreation.
   (b) Protect, conserve, and restore the region's underground
aquifers and surface water resources.
   (c) Reduce the risk of groundwater overdraft, including the risk
of subsidence.
   (d) Protect and improve water quality.
   (e) Assist the regional economy through the operation of the
conservancy's program.
   (f) Identify the highest priority projects and initiatives for
which funding is needed.
   (g) Undertake efforts to enhance sustainable groundwater
management.
   (h) Support efforts that advance both groundwater management and
the economic well-being of San Joaquin Valley residents in a
complementary manner.
   (i) Provide opportunities for adoption and promotion of water use
efficiency projects, especially as they reduce the risk of
groundwater overdraft, including, but not limited to, drip irrigation
projects.
   33421.  (a) The board shall consist of 15 voting members and three
nonvoting liaison advisers, appointed or designated as follows:
   (1) The 15 voting members of the board shall consist of all of the
following:
   (A) The Secretary of the Resources Agency, or his or her designee.

   (B) The Director of Finance, or his or her designee.
   (C) Three public members appointed by the Governor, who are not
elected officials, to represent statewide interests.
   (D) One public member appointed by the Speaker of the Assembly,
who is not an elected official, to represent statewide interests.
   (E) One public member appointed by the Senate Committee on Rules,
who is not an elected official, to represent statewide interests.
   (F) One member for each of the eight counties which make up the
San Joaquin Valley, who shall be a member of the board of supervisors
of their respective county. Each member shall be selected by the
counties, according to the following procedure:
   (i) Each county board of supervisors shall select a member of
their board to be appointed as a member of the conservancy board. An
alternative member may also be appointed.
   (ii) The initial appointment of a member for each county shall be
made no later than March 1, 2015. A subsequent appointment to a
regular term on the board shall be made before the date specified in
Section 33422 for the commencement of that term. A vacancy occurring
before the end of a term shall be filled for the remainder of the
term within 60 days of the vacancy.
   (iii) If the board of supervisors of a county does not appoint a
member to the board within the timeframe specified in clause (ii),
the Governor shall appoint one of the supervisors to serve as the
board member for the county.
   (2) The three nonvoting liaison advisers who serve in an advisory,
nonvoting capacity shall consist of all of the following:
   (A) One representative of the United States Geologic Survey,
designated by the Administrator of the United States Secretary of the
Interior.
   (B) One representative of the United States Environmental
Protection Agency, designated by the Administrator of the United
States Environmental Protection Agency.
   (C) One representative of the United States Department of
Agriculture, designated by the United States Secretary of
Agriculture.
   (b) Appointing powers shall seek to include individuals from a
breadth of backgrounds.
   33422.  Members and alternates, if any, shall serve terms as
follows:
   (a) The members appointed pursuant to subparagraphs (C) to (E),
inclusive, of paragraph (1) of subdivision (a) of Section 33421 shall
serve at the pleasure of the appointing power.
   (b) The members and alternates, if any, appointed under
subparagraph (F) of paragraph (1) of subdivision (a) of Section 33421
shall serve, as follows:
   (1) Members and alternates in the Counties of Madera, Merced,
Stanislaus, and San Joaquin shall have terms beginning on January 1
in an odd-numbered year and ending on December 31 of the following
even-numbered year. All terms shall be for two years.
   (2) Members and alternates in the Counties of Fresno, Kings,
Tulare, and Kern shall have terms beginning on January 1 in an
even-numbered year and ending on December 31 in the following
odd-numbered year. Members and alternates who are initially appointed
to the board shall serve for a one-year term for the first year.
Subsequent terms shall be for two years.
   (c) No member of the board, whose appointment to the board was
contingent upon meeting a condition of eligibility under this
division, shall serve beyond the time when the member ceases to meet
that condition.
   33423.  (a) The voting members appointed or designated under
paragraph (1) of subdivision (a) of Section 33421 who are not state
employees shall be compensated for attending meetings of the
conservancy at the rate of one hundred dollars ($100) per scheduled
meeting day.
   (b) All members of the board shall be reimbursed for their actual
and necessary expenses, including travel expenses, incurred in
attending meetings of the conservancy and carrying out the duties of
their office.
   33424.  Annually, the voting members of the board shall elect from
among the voting members a chairperson and vice-chairperson, and
other officers as necessary. If the office of the chairperson or
vice-chairperson becomes vacant, a new chairperson or
vice-chairperson shall be elected by the voting members of the board
to serve for the remainder of the term.
   33425.  (a) Eight members of the voting members shall constitute a
quorum for the transaction of the business of the conservancy. The
board shall not transact the business of the conservancy if a quorum
is not present at the time a vote is taken. A decision of the board
requires an affirmative vote of seven of the voting members, and the
vote is binding with respect to all matters acted on by the
conservancy.
   (b) The board shall adopt rules, regulations, and procedures for
the conduct of business by the conservancy.
   (c) The voting members of the board appointed or designated
pursuant to paragraph (1) of subdivision (a) of Section 33421 and the
nonvoting advisers selected pursuant to paragraph (2) of subdivision
(a) of Section 33421, shall have the right to attend all meetings of
the board, including closed sessions.
   33426.  The board may establish advisory boards or committees,
hold community meetings, and engage in public outreach using advanced
forms of technology, in order to facilitate the decisionmaking
process. Members of advisory boards or committees may be reimbursed
for the actual and necessary expenses, including travel expenses,
that they incur in attending regular meetings of the advisory board
or committee of which they are a member.
   33427.  The board shall establish and maintain a headquarters
office within the region. Except as provided in Section 33447, the
conservancy may rent or own real and personal property and equipment
pursuant to applicable statutes and regulations.
   33428.  The board shall determine the qualifications of, and shall
appoint, an executive officer of the conservancy, who shall be
exempt from civil service. The board shall employ other staff as
necessary to execute the powers and functions provided for under this
division.
   33429.  The board may enter into contracts with private entities
and public agencies to procure consulting and other services
necessary to achieve the purposes of this division.
   33430.  The conservancy's expenses for support and administration
may be paid from the conservancy's operating budget and any other
funding sources available to the conservancy.
   33431.  The board shall conduct business in accordance with the
requirements of 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).
   33432.  The board shall hold its regular meetings within the San
Joaquin Valley.
   33433.  On and after January 1, 2015, the board shall post agendas
for each board meeting on the Internet.
      CHAPTER 3.  POWERS, DUTIES, AND LIMITATIONS


   33440.  The conservancy's jurisdiction is limited to the San
Joaquin Valley.
   33441.  The conservancy shall carry out projects and activities to
further the purposes of this division throughout the region. The
board shall make every effort to ensure that, over time, conservancy
funding and other efforts are spread equitably across each of the
counties and among the stated goal areas, with adequate allowance for
the variability of costs associated with individual counties and
types of projects.
   33442.   In carrying out this division, the conservancy shall
cooperate with and consult with the city or county where a grant is
proposed or an interest in real property is proposed to be acquired;
and shall, as necessary or appropriate, coordinate its efforts with
other state agencies, in cooperation with the Secretary of the
Resources Agency. The conservancy shall, as necessary and
appropriate, cooperate and consult with a public water system that
owns or operates facilities, including lands appurtenant thereto,
where a grant is proposed or an interest in land is proposed to be
acquired.
   33443.  (a) The conservancy may make grants or loans to public
agencies, nonprofit organizations, and tribal organizations in order
to carry out the purposes of this division, including grants or loans
provided to acquire an interest in real property, including a fee
interest in that property. Grant or loan funds shall be disbursed to
a recipient entity only after the entity has entered into an
agreement with the conservancy, on the terms and conditions specified
by the conservancy. After approving a grant, the conservancy may
assist the grantee in carrying out the purposes of the grant.
   (b) When awarding grants or making loans pursuant to this
division, the conservancy may require repayment of those funds on the
terms and conditions it deems appropriate. Proceeds from the
repayment or reimbursement of amounts granted or loaned by the
conservancy shall be deposited in the fund.
   (c) An entity applying for a grant from the conservancy to acquire
an interest in real property shall specify all of the following in
the grant application:
   (1) The intended use of the property.
   (2) The manner in which the land will be managed.
   (3) How the cost of ongoing management will be funded.
   (d) Funds expended for the purposes of subdivision (i) of Section
33420 shall be used to provide low-interest loans to help finance
those projects. The conservancy may require repayment of those funds
on the terms and conditions it deems appropriate. Proceeds from the
repayment of amounts loaned by the conservancy shall be deposited
into the fund.
   33444.  In the case of a grant of funds to a nonprofit
organization or tribal organization to acquire an interest in real
property, including, but not limited to, a fee interest, the
agreement between the conservancy and the recipient nonprofit
organization shall require all of the following:
   (a) The purchase price of an interest in real property acquired by
the nonprofit organization shall not exceed fair market value as
established by an appraisal approved by the conservancy.
   (b) The terms under which the interest in real property is
acquired shall be subject to the conservancy's approval.
   (c) An interest in real property to be acquired under the grant
shall not be used as security for a debt unless the conservancy
approves the transaction.
   (d) The transfer of an interest in the real property shall be
subject to approval of the conservancy, and a new agreement
sufficient to protect the public interest shall be entered into
between the conservancy and the transferee.
   (e) A deed or instrument by which the nonprofit organization
acquires an interest in real property under the grant shall include a
power of termination on the part of the state, subject to the
requirements of Chapter 5 (commencing with Section 885.010) of Title
5 of Part 2 of Division 2 of the Civil Code. The deed or instrument
shall provide that the state may exercise the power of termination by
notice in the event of the nonprofit organization's violation of the
purpose of the grant through breach of a material term or condition
thereof, and that, upon recordation of the notice, full title to the
interest in real property identified in the notice shall immediately
vest in the state, or in another public agency or a nonprofit
organization designated by the conservancy to which the state conveys
or has conveyed its interest.
   (f) A deed or instrument by which the nonprofit organization
acquires an interest in real property under the grant shall provide
that the conveyance is subject to a remainder interest vested in the
state. If the existence of the nonprofit organization is terminated
for any reason, the conservancy may require that the remainder shall
become a present interest and that full title to the real property
shall vest in the state, or in another public agency or a nonprofit
organization designated by the conservancy to which the state conveys
or has conveyed its interest.
   33445.  The conservancy shall adopt guidelines setting priorities
and criteria for projects and programs, based upon its assessment of
program requirements, institutional capabilities, and funding needs
throughout the region, and federal, state, and local plans, including
general plans, recreation plans, urban water management plans, and
groundwater management plans. As part of the process of developing
guidelines for projects and programs, the conservancy shall undertake
and facilitate a strategic program planning process involving
meetings and workshops within each of the subregions, with the
purpose of formulating strategic program objectives and priorities
within that subregion. The strategic program shall be updated
regularly, at least once every five years.
   33445.5.  In granting funds pursuant to this division, the board
shall give priority to proposals that include matching funds from
local sources.
   33446.  (a) The conservancy may expend funds and award grants and
loans to facilitate collaborative planning efforts and to develop
projects and programs that are designed to further the purposes of
this division.
   (b) The conservancy may provide and make available technical
information, expertise, and other nonfinancial assistance to public
agencies, nonprofit organizations, and tribal organizations, to
support program and project development and implementation.
   (c) The recipient of a grant or loan provided by the conservancy
pursuant to this division for the acquisition of real property shall
provide for the management of the real property to be acquired as
specified in the grant agreement.
   33446.5.  The conservancy may apply for and receive grants to
carry out the purposes of this division.
   33447.  (a) The conservancy may acquire an interest in any real
property in order to carry out the purposes of this division.
However, the conservancy shall not acquire a fee interest in real
property by purchase.
   (b) The acquisition of an interest in real property under this
section is not subject to the Property Acquisition Law (Part 11
(commencing with Section 15850) of Division 3 of Title 2 of the
Government Code), unless the value of the interest exceeds two
hundred fifty thousand dollars ($250,000) per lot or parcel, as
adjusted for annual changes to the Consumer Price Index for the State
of California, as calculated by the Department of Finance. However,
the conservancy may request the State Public Works Board to review
and approve specific acquisitions.
   (c) The conservancy shall not exercise the power of eminent
domain.
   33448.  Notwithstanding Section 11005.2 of the Government Code or
any other provision of law, the conservancy may lease, rent, sell,
exchange, or otherwise transfer, an interest, option, or contractual
right in real property, as well as a vested right severable
therefrom, that has been acquired under this division, to a person or
entity, subject to terms and conditions in furtherance of the
conservancy's purposes.
   33449.  (a) The conservancy shall take whatever actions are
reasonably necessary and incidental to the management of lands or
interests in lands under its ownership or control, and may initiate,
negotiate, and participate in agreements for the management of those
lands or interests with public agencies or private individuals or
entities.
   (b) The conservancy may improve, restore, or enhance lands for the
purpose of protecting the natural environment, improving public
enjoyment of or public access to public lands, enhance the
availability of groundwater for beneficial and sustainable use, or to
otherwise meet the objectives of this division, and may carry out
the planning and design of those improvements or other measures.
   (c) The conservancy may enter into an agreement with a public
agency, nonprofit organization, or private entity, for the
construction, management, or maintenance of facilities authorized by
the conservancy.
   33450.  (a) Notwithstanding Section 10231.5 of the Government
Code, the conservancy shall make an annual report to the Legislature
and to the Secretary of the Resources Agency regarding expenditures,
land management costs, and administrative costs.
   (b) A report to be submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government Code.
   33451.  The conservancy may expend funds under this division to
conduct research and monitoring in connection with development and
implementation of the program administered under this division.
   33452.  (a) The conservancy may receive gifts, donations,
bequests, devises, subventions, grants, rents, royalties, and other
assistance and funds from public and private sources.
   (b) Except as provided in Section 33447, the conservancy may
receive an interest in real or personal property through transfer,
succession, or other mode of acquisition generally recognized by law.

   (c) All funds or income received by the conservancy shall be
deposited in the fund for expenditure for the purposes of this
division.
   33453.  The conservancy may fix and collect a fee for a direct
service it renders, if the service is rendered at the request of the
individual or entity receiving the service. The amount of a fee shall
not exceed the conservancy's reasonable costs and expenses of
providing the service rendered. All fees received by the conservancy
shall be deposited in the fund for expenditure for the purposes of
this division.
   33454.  Proceeds from a lease, rental, sale, exchange, or transfer
of an interest or option in real property, and all other income,
shall be deposited in the fund for expenditure for the purposes of
this division.
   33455.  The San Joaquin Valley Groundwater Conservancy Fund is
hereby created in the State Treasury. Moneys in the fund shall be
available, upon appropriation by the Legislature, only for the
purposes of this division.
   33456.  Nothing in this division grants to the conservancy:
   (a) Any of the powers of a city or county to regulate land use.
   (b) Any powers to regulate any activities on land, except as the
owner of an interest in the land, or pursuant to an agreement with,
or a license or grant of management authority from, the owner of an
interest in the land.
   (c) Any powers over water rights held by others.  
  SECTION 1.    Section 399.30 of the Public
Utilities Code is amended to read:
                                                          399.30.
(a) To fulfill unmet long-term generation resource needs, each local
publicly owned electric utility shall adopt and implement a renewable
energy resources procurement plan that requires the utility to
procure a minimum quantity of electricity products from eligible
renewable energy resources, including renewable energy credits, as a
specified percentage of total kilowatthours sold to the utility's
retail end-use customers, each compliance period, to achieve the
targets of subdivision (c).
   (b) The governing board shall implement procurement targets for a
local publicly owned electric utility that require the utility to
procure a minimum quantity of eligible renewable energy resources for
each of the following compliance periods:
   (1) January 1, 2011, to December 31, 2013, inclusive.
   (2) January 1, 2014, to December 31, 2016, inclusive.
   (3) January 1, 2017, to December 31, 2020, inclusive.
   (c) The governing board of a local publicly owned electric utility
shall ensure all of the following:
   (1) The quantities of eligible renewable energy resources to be
procured for the compliance period from January 1, 2011, to December
31, 2013, inclusive, are equal to an average of 20 percent of retail
sales.
   (2) The quantities of eligible renewable energy resources to be
procured for all other compliance periods reflect reasonable progress
in each of the intervening years sufficient to ensure that the
procurement of electricity products from eligible renewable energy
resources achieves 25 percent of retail sales by December 31, 2016,
and 33 percent of retail sales by December 31, 2020. The local
governing board shall require the local publicly owned electric
utilities to procure not less than 33 percent of retail sales of
electricity products from eligible renewable energy resources in all
subsequent years.
   (3) A local publicly owned electric utility shall adopt
procurement requirements consistent with Section 399.16.
   (d) The governing board of a local publicly owned electric utility
may adopt the following measures:
   (1) Rules permitting the utility to apply excess procurement in
one compliance period to subsequent compliance periods in the same
manner as allowed for retail sellers pursuant to Section 399.13.
   (2) Conditions that allow for delaying timely compliance
consistent with subdivision (b) of Section 399.15.
   (3) Cost limitations for procurement expenditures consistent with
subdivision (c) of Section 399.15.
   (e) The governing board of the local publicly owned electric
utility shall adopt a program for the enforcement of this article on
or before January 1, 2012. The program shall be adopted at a publicly
noticed meeting offering all interested parties an opportunity to
comment. Not less than 30 days' notice shall be given to the public
of any meeting held for purposes of adopting the program. Not less
than 10 days' notice shall be given to the public before any meeting
is held to make a substantive change to the program.
   (f) (1) Each local publicly owned electric utility shall annually
post notice, in accordance with Chapter 9 (commencing with Section
54950) of Part 1 of Division 2 of Title 5 of the Government Code,
whenever its governing body will deliberate in public on its
renewable energy resources procurement plan.
   (2) Contemporaneous with the posting of the notice of a public
meeting to consider the renewable energy resources procurement plan,
the local publicly owned electric utility shall notify the Energy
Commission of the date, time, and location of the meeting in order to
enable the Energy Commission to post the information on its Internet
Web site. This requirement is satisfied if the local publicly owned
electric utility provides the uniform resource locator (URL) that
links to this information.
   (3) Upon distribution to its governing body of information related
to its renewable energy resources procurement status and future
plans, for its consideration at a noticed public meeting, the local
publicly owned electric utility shall make that information available
to the public and shall provide the Energy Commission with an
electronic copy of the documents for posting on the Energy Commission'
s Internet Web site. This requirement is satisfied if the local
publicly owned electric utility provides the uniform resource locator
(URL) that links to the documents or information regarding other
manners of access to the documents.
   (g) A public utility district that receives all of its electricity
pursuant to a preference right adopted and authorized by the United
States Congress pursuant to Section 4 of the Trinity River Division
Act of August 12, 1955 (Public Law 84-386) shall be in compliance
with the renewable energy procurement requirements of this article.
   (h) For a local publicly owned electric utility that was in
existence on or before January 1, 2009, that provides retail electric
service to 15,000 or fewer customer accounts in California, and is
interconnected to a balancing authority located outside this state
but within the WECC, an eligible renewable energy resource includes a
facility that is located outside California that is connected to the
WECC transmission system, if all of the following conditions are
met:
   (1) The electricity generated by the facility is procured by the
local publicly owned electric utility, is delivered to the balancing
authority area in which the local publicly owned electric utility is
located, and is not used to fulfill renewable energy procurement
requirements of other states.
   (2) The local publicly owned electric utility participates in, and
complies with, the accounting system administered by the Energy
Commission pursuant to this article.
   (3) The Energy Commission verifies that the electricity generated
by the facility is eligible to meet the renewables portfolio standard
procurement requirements.
   (i) Notwithstanding subdivision (a), for a local publicly owned
electric utility that is a joint powers authority of districts
established pursuant to state law on or before January 1, 2005, that
furnish electric services other than to residential customers, and is
formed pursuant to the Irrigation District Law (Division 11
(commencing with Section 20500) of the Water Code), the percentage of
total kilowatthours sold to the district's retail end-use customers,
upon which the renewables portfolio standard procurement
requirements in subdivision (b) are calculated, shall be based on the
authority's average retail sales over the previous seven years. If
the authority has not furnished electric service for seven years,
then the calculation shall be based on average retail sales over the
number of completed years during which the authority has provided
electric service.
   (j) A local publicly owned electric utility in a city and county
that only receives greater than 67 percent of its electricity sources
from hydroelectric generation located within the state that it owns
and operates, and that does not meet the definition of a "renewable
electrical generation facility" pursuant to Section 25741 of the
Public Resources Code, shall be required to procure eligible
renewable energy resources, including renewable energy credits, to
meet only the electricity demands unsatisfied by its hydroelectric
generation in any given year, in order to satisfy its renewable
energy procurement requirements.
   (k) (1) A local publicly owned electric utility that receives
greater than 50 percent of its annual retail sales from its own
hydroelectric generation that is not an eligible renewable energy
resource shall not be required to procure additional eligible
renewable energy resources in excess of either of the following:
   (A) The portion of its retail sales not supplied by its own
hydroelectric generation. For these purposes, retail sales supplied
by increased hydroelectric generation resulting from an increase in
the amount of water stored by a dam because the dam is enlarged or
otherwise modified after December 31, 2012, shall not count as being
retail sales supplied by the utility's own hydroelectric generation.
   (B) The cost limitation adopted pursuant to this section.
   (2) For the purposes of this subdivision, "hydroelectric
generation" means electricity generated from a hydroelectric facility
satisfying all of the following:
   (A) Is owned solely and operated by the local publicly owned
electric utility as of 1967.
   (B) Serves a local publicly owned electric utility with a
distribution system demand of less than 150 megawatts.
   (C) Involves a contract in which an electrical corporation
receives the benefit of the electric generation through June of 2014,
at which time the benefit reverts back to the ownership and control
of the local publicly owned electric utility.
   (D) Has a maximum penstock flow capacity of no more than 3,200
cubic feet per second and includes a regulating reservoir with a
small hydroelectric generation facility producing fewer than 20
megawatts with a maximum penstock flow capacity of no more than 3,000
cubic feet per second.
   (3) This subdivision does not reduce or eliminate any renewable
procurement requirement for any compliance period ending prior to
January 1, 2014.
   (4) This subdivision does not require a local publicly owned
electric utility to purchase additional renewable energy resources in
excess of the renewable procurement requirements set forth in
subdivision (c).
   (l) A local publicly owned electric utility shall retain
discretion over both of the following:
   (1) The mix of eligible renewable energy resources procured by the
utility and those additional generation resources procured by the
utility for purposes of ensuring resource adequacy and reliability.
   (2) The reasonable costs incurred by the utility for eligible
renewable energy resources owned by the utility.
   (m) On or before July 1, 2011, the Energy Commission shall adopt
regulations specifying procedures for enforcement of this article.
The regulations shall include a public process under which the Energy
Commission may issue a notice of violation and correction against a
local publicly owned electric utility for failure to comply with this
article, and for referral of violations to the State Air Resources
Board for penalties pursuant to subdivision (o).
   (n) (1) Upon a determination by the Energy Commission that a local
publicly owned electric utility has failed to comply with this
article, the Energy Commission shall refer the failure to comply with
this article to the State Air Resources Board, which may impose
penalties to enforce this article consistent with Part 6 (commencing
with Section 38580) of Division 25.5 of the Health and Safety Code.
Any penalties imposed shall be comparable to those adopted by the
commission for noncompliance by retail sellers.
   (2) If Division 25.5 (commencing with Section 38500) of the Health
and Safety Code is suspended or repealed, the State Air Resources
Board may take action to enforce this article on local publicly owned
electric utilities consistent with Section 41513 of the Health and
Safety Code, and impose penalties on a local publicly owned electric
utility consistent with Article 3 (commencing with Section 42400) of
Chapter 4 of Part 4 of, and Chapter 1.5 (commencing with Section
43025) of Part 5 of, Division 26 of the Health and Safety Code.
   (3) For the purpose of this subdivision, this section is an
emissions reduction measure pursuant to Section 38580 of the Health
and Safety Code.
   (4) If the State Air Resources Board has imposed a penalty upon a
local publicly owned electric utility for the utility's failure to
comply with this article, the State Air Resources Board shall not
impose an additional penalty for the same infraction, or the same
failure to comply, with any renewables procurement requirement
imposed upon the utility pursuant to the California Global Warming
Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)
of the Health and Safety Code).
   (5) Any penalties collected by the State Air Resources Board
pursuant to this article shall be deposited in the Air Pollution
Control Fund and, upon appropriation by the Legislature, shall be
expended for reducing emissions of air pollution or greenhouse gases
within the same geographic area as the local publicly owned electric
utility.
   (o) The commission has no authority or jurisdiction to enforce any
of the requirements of this article on a local publicly owned
electric utility.