Senate Bill No. 2

CHAPTER 1

An act to add Section 705 to the Fish and Game Code, to amend Sections

25740, 25740.5, 25741, 25742, 25746, 25747, and 25751 of, to add Section

25519.5 to, and to add and repeal Section 25741.5 of, the Public Resources

Code, and to amend Sections 399.11, 399.12, 399.20, and 454.5 of, to amend,

renumber, and add Sections 399.13 and 399.16 of, to add Sections 399.18,

399.19, 399.26, 399.30, 399.31, and 1005.1 to, to add Article 11

(commencing with Section 910) to Chapter 4 of Part 1 of Division 1 of, to

repeal Section 387 of, and to repeal and add Sections 399.14, 399.15, and

399.17 of, the Public Utilities Code, relating to energy, and making an

appropriation therefor.

[Approved by Governor April 12, 2011. Filed with

Secretary of State April 12, 2011.]

legislative counsel’s digest

SB 2, Simitian. Energy: renewable energy resources.

(1)  Under existing law, the Public Utilities Commission (PUC) has

regulatory authority over public utilities, including electrical corporations,

as defined. Existing law requires the PUC to require the state’s 3 largest

electrical corporations, Pacific Gas and Electric Company, San Diego Gas

and Electric, and Southern California Edison, to identify a separate electrical

rate component to fund programs that enhance system reliability and provide

in-state benefits. This rate component is a nonbypassable element of local

distribution and collected on the basis of usage. Existing PUC resolutions

refer to the nonbypassable rate component as a “public goods charge.” The

public goods charge moneys are collected to support cost-effective energy

efficiency and conservation activities, public interest research and

development not adequately provided by competitive and regulated markets,

and renewable energy resources.

The existing Warren-Alquist State Energy Resources Conservation and

Development Act establishes the State Energy Resources Conservation and

Development Commission (Energy Commission). The act requires the

commission to certify sufficient sites and related facilities that are required

to provide a supply of electric power sufficient to accommodate projected

demand for power statewide. The act requires the commission to transmit

a copy of an application for certification of a site and related facility to,

among other entities, each federal and state agency having jurisdiction or

special interest in matters pertinent to the proposed site and related facilities

and to the Attorney General.

This bill would require an applicant to inform the United States

Department of Defense of a proposed project and that an application will

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be filed with the commission if the site and related facility specified in the

application are proposed to be located within 1,000 feet of a military

installation, or lie within special use airspace or beneath a low-level flight

path, as defined.

Existing law establishes the Renewable Resource Trust Fund as a fund

that is continuously appropriated, with certain exceptions for administrative

expenses, in the State Treasury, and requires that certain moneys collected

to support renewable energy resources through the public goods charge are

deposited into the fund and authorizes the Energy Commission to expend

the moneys pursuant to the Renewable Energy Resources Program. The

program states the intent of the Legislature to increase the amount of

electricity generated from eligible renewable energy resources per year so

that amount equals at least 20% of total retail sales of electricity in California

per year by December 31, 2010.

This bill would revise the Renewable Energy Resources Program to state

the intent of the Legislature to increase the amount of electricity generated

from eligible renewable energy resources per year, so that amount equals

at least 33% of total retail sales of electricity in California per year by

December 31, 2020. The bill would revise certain terms used in the program,

and revise certain eligibility criteria for a renewable electrical generation

facility, as defined, pursuant to the program.

(2)  Existing law expresses the intent of the Legislature, in establishing

the California Renewables Portfolio Standard Program (RPS program), to

increase the amount of electricity generated per year from eligible renewable

energy resources, as defined, to an amount that equals at least 20% of the

total electricity sold to retail customers in California per year by December

31, 2010. The RPS program requires that a retail seller of electricity,

including electrical corporations, community choice aggregators, and electric

service providers, purchase a specified minimum percentage of electricity

generated by eligible renewable energy resources, as defined, in any given

year as a specified percentage of total kilowatthours sold to retail end-use

customers each calendar year. The RPS program requires the PUC to

implement annual procurement targets for each retail seller to increase its

total procurement of electricity generated by eligible renewable energy

resources by at least an additional 1% of retail sales per year so that 20%

of its retail sales of electricity are procured from eligible renewable energy

resources no later than December 31, 2010. Existing law requires the PUC

to make a determination of the existing market cost for electricity, which

PUC decisions call the market price referent, and to limit an electrical

corporation’s obligation to procure electricity from eligible renewable energy

resources, that exceeds the market price referent, by a specified amount.

This bill would express the intent that the amount of electricity generated

per year from eligible renewable energy resources be increased to an amount

that equals at least 20% of the total electricity sold to retail customers in

California per year by December 31, 2013, and 33% by December 31, 2020.

The bill would require the PUC, by January 1, 2012, to establish the quantity

of electricity products from eligible renewable energy resources to be

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procured by each retail seller for specified compliance periods, sufficient

to ensure that the procurement of electricity products from eligible renewable

energy resources achieves 25% of retail sales by December 31, 2016, and

33% of retail sales by December 31, 2020, and that retail sellers procure

not less than 33% of retail sales in all subsequent years. The bill, consistent

with the goals of procuring the least-cost and best-fit eligible renewable

energy resources that meet project viability principles, would require that

all retail sellers procure a balanced portfolio of electricity products from

eligible renewable energy resources, as specified. The bill would require

the PUC to waive enforcement of the renewables portfolio standard

procurement requirement if the PUC finds that the retail seller has

demonstrated certain conditions exist that are beyond the control of the

retail seller and will prevent compliance, and has taken all reasonable actions

under its control to achieve compliance. The bill would require the PUC to

direct each electrical corporation to annually prepare a renewable energy

procurement plan containing specified matters and require, to the extent

feasible, that the plan be proposed, reviewed, and adopted by the PUC as

part of, and pursuant to, a general procurement plan process. The bill would

require the PUC to direct all retail sellers to prepare and submit an annual

compliance report. The bill would delete the existing market price referent

provisions, and instead require the PUC to establish a limitation for each

electrical corporation on the procurement expenditures for all eligible

renewable energy resources used to comply with the renewables portfolio

standard. The bill would require that by January 1, 2016, the PUC report to

the Legislature assessing whether each electrical corporation can achieve a

33% renewables portfolio standard by December 31, 2020, and maintain

that level thereafter, within the cost limitations. The bill would provide that,

if the cost limitation for an electrical corporation is insufficient to support

the projected costs of meeting the renewables portfolio standard procurement

requirements, the electrical corporation is authorized to refrain from entering

into new contracts or constructing facilities beyond the quantity that can be

procured within the limitation, unless eligible renewable energy resources

can be procured without exceeding a de minimis increase in rates, consistent

with the electrical corporation’s general procurement plan. The bill would

delete an existing requirement that the PUC adopt flexible rules for

compliance for retail sellers. The bill would revise the definitions of certain

terms for purposes of the RPS program, would recast certain provisions

applicable only to an electrical corporation with 60,000 or fewer customer

accounts in California that serves retail end-use customers outside of

California, and would add provisions applicable to certain smaller electrical

corporations. The bill would authorize an electrical corporation to apply to

the PUC for approval to construct, own, and operate an eligible renewable

energy resource, and would require the PUC to approve the application if

certain conditions are met, until electrical corporation owned and operated

resources provide 8.25% of the corporation’s anticipated retail sales.

Under existing law, a violation of the Public Utilities Act or any order,

decision, rule, direction, demand, or requirement of the PUC is a crime.

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Because the provisions of this bill are within the act and require action

by the PUC to implement its requirements, a violation of these provisions

would impose a state-mandated local program by expanding the definition

of a crime.

(3)  Under existing law, the governing board of a local publicly owned

electric utility is responsible for implementing and enforcing a renewables

portfolio standard for the utility that recognizes the intent of the Legislature

to encourage renewable resources, while taking into consideration the effect

of the standard on rates, reliability, and financial resources and the goal of

environmental improvement.

This bill would repeal this provision, and instead generally make the

requirements of the RPS program applicable to local publicly owned electric

utilities, except that the utility’s governing board would be responsible for

implementation of those requirements, instead of the PUC, and certain

enforcement authority with respect to local publicly owned electric utilities

would be given to the Energy Commission and State Air Resources Board,

instead of the PUC. By placing additional requirements upon local publicly

owned electric utilities, the bill would impose a state-mandated local

program.

(4)  Existing law requires the Energy Commission to certify eligible

renewable energy resources, to design and implement an accounting system

to verify compliance with the RPS requirements by retail sellers, and to

develop tracking, accounting, verification, and enforcement mechanisms

for renewable energy credits, as defined.

This bill would require the Energy Commission to design and implement

an accounting system to verify compliance with the RPS requirements by

retail sellers and local publicly owned electric utilities. The bill would require

the Energy Commission, among other things, to adopt regulations by July

1, 2011, specifying procedures for enforcement of the RPS requirements

that include a public process under which the Energy Commission is

authorized to issue a notice of violation and correction with respect to a

local publicly owned electric utility and for referral to the State Air

Resources Board for penalties imposed pursuant to the California Global

Warming Solutions Act of 2006 or other laws if that act is suspended or

repealed. This bill would revise the definition of renewable energy credit.

The bill would require the Energy Commission, by June 30, 2011, to study

and provide a report to the Legislature that analyzes run-of-river

hydroelectric generating facilities, as defined, in British Columbia, including

whether these facilities are, or should be, included as renewable electrical

generation facilities for purposes of the Renewable Energy Resources

Program administered by the Energy Commission or eligible renewable

energy resources for purposes of the RPS program.

(5)  Existing law requires the PUC, by February 1 of each year, to prepare

and submit to the Governor and the Legislature a written report on the costs

of programs and activities conducted by an electrical corporation or gas

corporation that have more than a specified number of customers in

California.

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Ch. 1 — 4 —
This bill would require the PUC, by February 1 of each year, to prepare

and submit to the policy and fiscal committees of the Legislature a report

on (A) all electrical corporation revenue requirement increases associated

with meeting the renewables portfolio standard, (B) all cost savings

experienced, or costs avoided, by electrical corporations as a result of

meeting the renewables portfolio standard, (C) all costs incurred by electrical

corporations for incentives for distributed and renewable generation, (D)

all cost savings experienced, or costs avoided, by electrical corporations as

a result of incentives for distributed generation and renewable generation,

(E) specified costs for which an electrical corporation is seeking recovery

in rates that are pending determination or approval by the PUC, (F) the

decision number of each PUC decision in the prior year authorizing an

electrical corporation to recover costs incurred in rates, (G) any changes in

the prior year in load serviced by an electrical corporation, and (H) the

efforts each electrical corporation is taking to recruit and train employees

to ensure an adequately trained and available workforce.

(6)  The bill would require the PUC, by July 1, 2011, to determine the

effective load carrying capacity of wind and solar energy resources on the

electrical grid. The bill would require the PUC to use those values in

establishing the contribution of those resources toward meeting specified

resource adequacy requirements.

(7)  The Public Utilities Act prohibits any electrical corporation from

beginning the construction of, among other things, a line, plant, or system,

or of any extension thereof, without having first obtained from the PUC a

certificate that the present or future public convenience and necessity require

or will require that construction, termed a certificate of public convenience

and necessity.

This bill would require the PUC to issue a decision on an application for

a certificate of public convenience and necessity within 18 months of the

filing of a completed application under specified circumstances.

(8)  Existing law establishes the Department of Fish and Game in the

Natural Resources Agency, and generally charges the department with the

administration and enforcement of the Fish and Game Code.

This bill would require the department to establish an internal division

with the primary purpose of performing comprehensive planning and

environmental compliance services with priority given to projects involving

the building of eligible renewable energy resources.

(9)  The existing restructuring of the electrical industry within the Public

Utilities Act provides for the establishment of an Independent System

Operator (ISO). Existing law requires the ISO to ensure efficient use and

reliable operation of the transmission grid consistent with achieving planning

and operating reserve criteria no less stringent than those established by the

Western Electricity Coordinating Council of the North American Electric

Reliability Corporation. Pursuant to existing law, the ISO’s tariffs are

required to be approved by the Federal Energy Regulatory Commission.

This bill would require the ISO and other California balancing authorities

to work cooperatively to integrate and interconnect eligible renewable energy

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resources to the transmission grid by the most efficient means possible with

the goal of minimizing the impact and cost of new transmission facilities

needed to meet both reliability needs and the renewables portfolio standard

procurement requirements, and to accomplish this in a manner that respects

the ownership, business, and dispatch models for transmission facilities

owned by electrical corporations, local publicly owned electric utilities,

joint power agencies, and independent transmission companies.

(10)  This bill would appropriate $322,000 from the Public Utilities

Commission Utilities Reimbursement Account to the PUC for additional

staffing to identify, review, and approve transmission lines reasonably

necessary or appropriate to facilitate achievement of the renewables portfolio

standard.

(11)  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

specified reasons.

Appropriation: yes.

The people of the State of California do enact as follows:

SECTION 1. This act shall be known, and may be cited, as the California

Renewable Energy Resources Act.

SEC. 2. Section 705 is added to the Fish and Game Code, to read:

705. (a)  For purposes of this section, “eligible renewable energy

resources” has the same meaning as in the California Renewables Portfolio

Standard Program (Article 16 (commencing with Section 399.11) of Chapter

2.3 of Part 1 of Division 1 of the Public Utilities Code).

(b)  The department shall establish an internal division with the primary

purpose of performing comprehensive planning and environmental

compliance services with priority given to projects involving the building

of eligible renewable energy resources.

(c)  The internal division shall ensure the timely completion of plans

pursuant to the Natural Community Conservation Planning Act (Chapter

10 (commencing with Section 2800) of Division 3).

SEC. 3. Section 25519.5 is added to the Public Resources Code, to read:

25519.5. (a)  If the site and related facilities specified in the application

are proposed to be located within 1,000 feet of a military installation, or lie

within special use airspace or beneath a low-level flight path, as defined in

Section 21098, the applicant shall inform the United States Department of

Defense of the proposed project and that an application will be filed with

the commission.

(b)  If provided by the United States Department of Defense, the applicant

shall include within the application a description of its consultation with

the department, with regard to potential impacts upon national security,

including potential impacts on the land, sea, and airspace identified by the

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United States Department of Defense and its impacted service components,

for conducting operations and training, or for the research, development,

testing, and evaluation of weapons, sensors, and tactics. If the information

is provided after the application is filed, the applicant shall forward the

information upon receipt.

SEC. 4. Section 25740 of the Public Resources Code is amended to read:

25740. It is the intent of the Legislature in establishing this program, to

increase the amount of electricity generated from eligible renewable energy

resources per year, so that it equals at least 33 percent of total retail sales

of electricity in California per year by December 31, 2020.

SEC. 5. Section 25740.5 of the Public Resources Code is amended to

read:

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.

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(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. 6. Section 25741 of the Public Resources Code is amended to read:

25741. As used in this chapter, the following terms have the following

meaning:

(a)  “Renewable electrical generation facility” means a facility that meets

all of the following criteria:

(1)  The facility uses biomass, solar thermal, photovoltaic, wind,

geothermal, fuel cells using renewable fuels, small hydroelectric generation

of 30 megawatts or less, digester gas, municipal solid waste conversion,

landfill gas, ocean wave, ocean thermal, or tidal current, and any additions

or enhancements to the facility using that technology.

(2)  The facility satisfies one of the following requirements:

(A)  The facility is located in the state or near the border of the state with

the first point of connection to the transmission network of a balancing

authority area primarily located within the state. For purposes of this

subparagraph, “balancing authority area” has the same meaning as defined

in Section 399.12 of the Public Utilities Code.

(B)  The facility has its first point of interconnection to the transmission

network outside the state, within the Western Electricity Coordinating

Council (WECC) service area, and satisfies all of the following requirements:

(i)  It commences initial commercial operation after January 1, 2005.

(ii)  It will not cause or contribute to any violation of a California

environmental quality standard or requirement.

(iii)  It participates in the accounting system to verify compliance with

the renewables portfolio standard once established by the commission

pursuant to subdivision (b) of Section 399.25 of the Public Utilities Code.

(C)  The facility meets the requirements of clauses (ii) and (iii) in

subparagraph (B), but does not meet the requirements of clause (i) of

subparagraph (B) because it commenced initial operation prior to January

1, 2005, if the facility satisfies either of the following requirements:

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(i)  The electricity is from incremental generation resulting from expansion

or repowering of the facility.

(ii)  Electricity generated by the facility was procured by a retail seller

or local publicly owned electric utility as of January 1, 2010.

(3)  If the facility is outside the United States, it is developed and operated

in a manner that is as protective of the environment as a similar facility

located in the state.

(b)  “Municipal solid waste conversion,” as used in subdivision (a), means

a technology that uses a noncombustion thermal process to convert solid

waste to a clean-burning fuel for the purpose of generating electricity, and

that meets all of the following criteria:

(1)  The technology does not use air or oxygen in the conversion process,

except ambient air to maintain temperature control.

(2)  The technology produces no discharges of air contaminants or

emissions, including greenhouse gases as defined in Section 38505 of the

Health and Safety Code.

(3)  The technology produces no discharges to surface or groundwaters

of the state.

(4)  The technology produces no hazardous wastes.

(5)  To the maximum extent feasible, the technology removes all

recyclable materials and marketable green waste compostable materials

from the solid waste stream prior to the conversion process and the owner

or operator of the facility certifies that those materials will be recycled or

composted.

(6)  The facility at which the technology is used is in compliance with all

applicable laws, regulations, and ordinances.

(7)  The technology meets any other conditions established by the

commission.

(8)  The facility certifies that any local agency sending solid waste to the

facility diverted at least 30 percent of all solid waste it collects through solid

waste reduction, recycling, and composting. For purposes of this paragraph,

“local agency” means any city, county, or special district, or subdivision

thereof, which is authorized to provide solid waste handling services.

(c)  “Renewable energy public goods charge” means that portion of the

nonbypassable system benefits charge required to be collected to fund

renewable energy pursuant to the Reliable Electric Service Investments Act

(Article 15 (commencing with Section 399) of Chapter 2.3 of Part 1 of

Division 1 of the Public Utilities Code).

(d)  “Report” means the report entitled “Investing in Renewable Electricity

Generation in California” (June 2001, Publication Number P500-00-022)

submitted to the Governor and the Legislature by the commission.

(e)  “Retail seller” means a “retail seller” as defined in Section 399.12 of

the Public Utilities Code.

SEC. 7. Section 25741.5 is added to the Public Resources Code, to read:

25741.5. (a)  By June 30, 2011, after providing public notice and an

opportunity for public comment, including holding at least one public

workshop, and following consultation with interested governmental entities,

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the commission shall study and provide a report to the Legislature that

analyzes run-of-river hydroelectric generating facilities in British Columbia,

including whether these facilities are, or should be, included as renewable

electrical generation facilities pursuant to Section 25741 or eligible

renewable energy resources pursuant to Article 16 (commencing with Section

399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code.

(b)  By completing the study and making recommendations, the

commission shall consider the effect that inclusion would have upon all of

the following:

(1)  Emissions of carbon dioxide and other greenhouse gases.

(2)  Emissions of air pollutants.

(3)  Water quality, recreation, and fisheries.

(4)  Any other environmental impact caused by run-of-river hydroelectric

generating facilities.

(c)  The report submitted pursuant to this section shall be submitted in

compliance with Section 9795 of the Government Code.

(d)  Pursuant to Section 10231.5 of the Government Code, this section is

repealed on January 1, 2015.

SEC. 8. Section 25742 of the Public Resources Code is amended to read:

25742. (a)  Twenty percent of the funds collected pursuant to the

renewable energy public goods charge shall be used for programs that are

designed to achieve fully competitive and self-sustaining existing renewable

electrical generation facilities located in this state, and to secure for the state

the environmental, economic, and reliability benefits that continued operation

of those facilities will provide during the 2007–2011 investment cycle.

Eligibility for production incentives under this section shall be limited to

those technologies found eligible for funds by the commission pursuant to

paragraphs (3), (4), and (6) of subdivision (e) of Section 25740.5.

(b)  Any funds used to support renewable electrical generation facilities

located in this state pursuant to this section shall be expended in accordance

with the provisions of this chapter.

(c)  Facilities that are eligible to receive funding pursuant to this section

shall be registered in accordance with criteria developed by the commission

and those facilities shall not receive payments for any electricity produced

that has any of the following characteristics:

(1)  Is sold at monthly average rates equal to, or greater than, the

applicable target price, as determined by the commission.

(2)  Is used onsite.

(d)  (1)  Existing facilities located in this state generating electricity from

biomass energy shall be eligible for funding and otherwise considered a

renewable electrical generation facility only if they report to the commission

the types and quantities of biomass fuels used.

(2)  The commission shall report the types and quantities of biomass fuels

used by each facility to the Legislature in the reports prepared pursuant to

Section 25748.

(e)  Each existing facility seeking an award pursuant to this section shall

be evaluated by the commission to determine the amount of the funds being

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sought, the cumulative amount of funds the facility has received previously

from the commission and other state sources, the value of any past and

current federal or state tax credits, the facility’s contract price for energy

and capacity, the prices received by similar facilities, the market value of

the facility, and the likelihood that the award will make the facility

competitive and self-sustaining within the 2007–2011 investment cycle.

The commission shall use this evaluation to determine the value of an award

to the public relative to other renewable energy investment alternatives. The

commission shall compile its findings and report them to the Legislature in

the reports prepared pursuant to Section 25748.

SEC. 9. Section 25746 of the Public Resources Code is amended to read:

25746. (a)  One percent of the money collected pursuant to the renewable

energy public goods charge shall be used in accordance with this chapter

to promote renewable energy and disseminate information on renewable

energy technologies, including emerging renewable technologies, and to

help develop a consumer market for renewable energy and for small-scale

emerging renewable energy technologies.

(b)  If the commission provides funding for a regional accounting system

to verify compliance with the renewable portfolio standard by retail sellers,

pursuant to subdivision (b) of Section 399.25 of the Public Utilities Code,

the commission shall recover all costs from user fees.

SEC. 10. Section 25747 of the Public Resources Code is amended to

read:

25747. (a)  The commission shall adopt guidelines governing the funding

programs authorized under this chapter, at a publicly noticed meeting

offering all interested parties an opportunity to comment. Substantive

changes to the guidelines shall not be adopted without at least 10 days’

written notice to the public. The public notice of meetings required by this

subdivision shall not be less than 30 days. Notwithstanding any other law,

any guidelines adopted pursuant to this chapter or Section 399.25 of the

Public Utilities Code, shall be exempt from the requirements of Chapter 3.5

(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the

Government Code. The Legislature declares that the changes made to this

subdivision by the act amending this section during the 2002 portion of the

2001–02 Regular Session are declaratory of, and not a change in existing

law.

(b)  Funds to further the purposes of this chapter may be committed for

multiple years.

(c)  Awards made pursuant to this chapter are grants, subject to appeal

to the commission upon a showing that factors other than those described

in the guidelines adopted by the commission were applied in making the

awards and payments. Any actions taken by an applicant to apply for, or

become or remain eligible and registered to receive, payments or awards,

including satisfying conditions specified by the commission, shall not

constitute the rendering of goods, services, or a direct benefit to the

commission.

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(d)  An award made pursuant to this chapter, the amount of the award,

and the terms and conditions of the grant are public information.

SEC. 11. Section 25751 of the Public Resources Code is amended to

read:

25751. (a)  The Renewable Resource Trust Fund is hereby created in

the State Treasury.

(b)  The following accounts are hereby established within the Renewable

Resource Trust Fund:

(1)  Existing Renewable Resources Account.

(2)  Emerging Renewable Resources Account.

(3)  Renewable Resources Consumer Education Account.

(c)  The money in the fund may be expended, only upon appropriation

by the Legislature in the annual Budget Act, for the following purposes:

(1)  The administration of this article by the state.

(2)  The state’s expenditures associated with the accounting system

established by the commission pursuant to subdivision (b) of Section 399.25

of the Public Utilities Code.

(d)  That portion of revenues collected by electrical corporations for the

benefit of in-state operation and development of existing and emerging

renewable resource technologies, pursuant to Section 399.8 of the Public

Utilities Code, shall be transmitted to the commission at least quarterly for

deposit in the Renewable Resource Trust Fund pursuant to Section 25740.5.

After setting aside in the fund money that may be needed for expenditures

authorized by the annual Budget Act in accordance with subdivision (c),

the Treasurer shall immediately deposit money received pursuant to this

section into the accounts created pursuant to subdivision (b) in proportions

designated by the commission for the current calendar year. Notwithstanding

Section 13340 of the Government Code, the money in the fund and the

accounts within the fund are hereby continuously appropriated to the

commission without regard to fiscal years for the purposes enumerated in

this chapter.

(e)  Upon notification by the commission, the Controller shall pay all

awards of the money in the accounts created pursuant to subdivision (b) for

purposes enumerated in this chapter. The eligibility of each award shall be

determined solely by the commission based on the procedures it adopts

under this chapter. Based on the eligibility of each award, the commission

shall also establish the need for a multiyear commitment to any particular

award and so advise the Department of Finance. Eligible awards submitted

by the commission to the Controller shall be accompanied by information

specifying the account from which payment should be made and the amount

of each payment; a summary description of how payment of the award

furthers the purposes enumerated in this chapter; and an accounting of future

costs associated with any award or group of awards known to the commission

to represent a portion of a multiyear funding commitment.

(f)  The commission may transfer funds between accounts for cashflow

purposes, provided that the balance due each account is restored and the

transfer does not adversely affect any of the accounts.

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(g)  The Department of Finance shall conduct an independent audit of

the Renewable Resource Trust Fund and its related accounts annually, and

provide an audit report to the Legislature not later than March 1 of each

year for which this article is operative. The Department of Finance’s report

shall include information regarding revenues, payment of awards, reserves

held for future commitments, unencumbered cash balances, and other matters

that the Director of Finance determines may be of importance to the

Legislature.

SEC. 12. Section 387 of the Public Utilities Code is repealed.

SEC. 13. Section 399.11 of the Public Utilities Code is amended to read:

399.11. The Legislature finds and declares all of the following:

(a)  In order to attain a target of generating 20 percent of total retail sales

of electricity in California from eligible renewable energy resources by

December 31, 2013, and 33 percent by December 31, 2020, it is the intent

of the Legislature that the commission and the Energy Commission

implement the California Renewables Portfolio Standard Program described

in this article.

(b)  Achieving the renewables portfolio standard through the procurement

of various electricity products from eligible renewable energy resources is

intended to provide unique benefits to California, including all of the

following, each of which independently justifies the program:

(1)  Displacing fossil fuel consumption within the state.

(2)  Adding new electrical generating facilities in the transmission network

within the Western Electricity Coordinating Council service area.

(3)  Reducing air pollution in the state.

(4)  Meeting the state’s climate change goals by reducing emissions of

greenhouse gases associated with electrical generation.

(5)  Promoting stable retail rates for electric service.

(6)  Meeting the state’s need for a diversified and balanced energy

generation portfolio.

(7)  Assistance with meeting the state’s resource adequacy requirements.

(8)  Contributing to the safe and reliable operation of the electrical grid,

including providing predictable electrical supply, voltage support, lower

line losses, and congestion relief.

(9)  Implementing the state’s transmission and land use planning activities

related to development of eligible renewable energy resources.

(c)  The California Renewables Portfolio Standard Program is intended

to complement the Renewable Energy Resources Program administered by

the Energy Commission and established pursuant to Chapter 8.6

(commencing with Section 25740) of Division 15 of the Public Resources

Code.

(d)  New and modified electric transmission facilities may be necessary

to facilitate the state achieving its renewables portfolio standard targets.

(e)  (1)  Supplying electricity to California end-use customers that is

generated by eligible renewable energy resources is necessary to improve

California’s air quality and public health, and the commission shall ensure

rates are just and reasonable, and are not significantly affected by the

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procurement requirements of this article. This electricity may be generated

anywhere in the interconnected grid that includes many states, and areas of

both Canada and Mexico.

(2)  This article requires generating resources located outside of California,

but are able to supply that electricity to California end-use customers, to be

treated identically to generating resources located within the state, without

discrimination.

(3)  California electrical corporations have already executed, and the

commission has approved, power purchase agreements with eligible

renewable energy resources located outside of California that will supply

electricity to California end-use customers. These resources will fully count

toward meeting the renewables portfolio standard procurement requirements.

In addition, there are nearly 7,000 megawatts of additional proposed

renewable energy resources located outside of California that are awaiting

interconnection approval from the Independent System Operator. All of

these resources, if procured, will count as eligible renewable energy

resources that satisfy the portfolio content requirements of paragraph (1) of

subdivision (c) of Section 399.16.

SEC. 14. Section 399.12 of the Public Utilities Code is amended to read:

399.12. For purposes of this article, the following terms have the

following meanings:

(a)  “Conduit hydroelectric facility” means a facility for the generation

of electricity that uses only the hydroelectric potential of an existing pipe,

ditch, flume, siphon, tunnel, canal, or other manmade conduit that is operated

to distribute water for a beneficial use.

(b)  “Balancing authority” means the responsible entity that integrates

resource plans ahead of time, maintains load-interchange generation balance

within a balancing authority area, and supports interconnection frequency

in real time.

(c)  “Balancing authority area” means the collection of generation,

transmission, and loads within the metered boundaries of the area within

which the balancing authority maintains the electrical load-resource balance.

(d)  “California balancing authority” is a balancing authority with control

over a balancing authority area primarily located in this state and operating

for retail sellers and local publicly owned electric utilities subject to the

requirements of this article and includes the Independent System Operator

(ISO) and a local publicly owned electric utility operating a transmission

grid that is not under the operational control of the ISO. A California

balancing authority is responsible for the operation of the transmission grid

within its metered boundaries which may not be limited by the political

boundaries of the State of California.

(e)  “Eligible renewable energy resource” means an electrical generating

facility that meets the definition of an a “renewable electrical generation

facility” in Section 25741 of the Public Resources Code, subject to the

following:

(1)  (A)  An existing small hydroelectric generation facility of 30

megawatts or less shall be eligible only if a retail seller or local publicly

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owned electric utility procured the electricity from the facility as of

December 31, 2005. A small hydroelectric generation unit with a nameplate

capacity not exceeding 40 megawatts that is operated as part of a water

supply or conveyance system is an eligible renewable energy resource if

the retail seller or local publicly owned electric utility procured the electricity

from the facility as of December 31, 2005. A new hydroelectric facility that

commences generation of electricity after December 31, 2005, is not an

eligible renewable energy resource if it will cause an adverse impact on

instream beneficial uses or cause a change in the volume or timing of

streamflow.

(B)  Notwithstanding subparagraph (A), a conduit hydroelectric facility

of 30 megawatts or less that commenced operation before January 1, 2006,

is an eligible renewable energy resource. A conduit hydroelectric facility

of 30 megawatts or less that commences operation after December 31, 2005,

is an eligible renewable energy resource so long as it does not cause an

adverse impact on instream beneficial uses or cause a change in the volume

or timing of streamflow.

(C)  A facility approved by the governing board of a local publicly owned

electric utility prior to June 1, 2010, for procurement to satisfy renewable

energy procurement obligations adopted pursuant to former Section 387,

shall be certified as an eligible renewable energy resource by the Energy

Commission pursuant to this article, if the facility is a “renewable electrical

generation facility” as defined in Section 25741 of the Public Resources

Code.

(2)  A facility engaged in the combustion of municipal solid waste shall

not be considered an eligible renewable energy resource unless it is located

in Stanislaus County and was operational prior to September 26, 1996.

(f)  “Procure” means to acquire through ownership or contract.

(g)  “Procurement entity” means any person or corporation authorized

by the commission to enter into contracts to procure eligible renewable

energy resources on behalf of customers of a retail seller pursuant to

subdivision (f) of Section 399.13.

(h)  (1)  “Renewable energy credit” means a certificate of proof associated

with the generation of electricity from an eligible renewable energy resource,

issued through the accounting system established by the Energy Commission

pursuant to Section 399.25, that one unit of electricity was generated and

delivered by an eligible renewable energy resource.

(2)  “Renewable energy credit” includes all renewable and environmental

attributes associated with the production of electricity from the eligible

renewable energy resource, except for an emissions reduction credit issued

pursuant to Section 40709 of the Health and Safety Code and any credits

or payments associated with the reduction of solid waste and treatment

benefits created by the utilization of biomass or biogas fuels.

(3)  (A)  An electricity generated by an eligible renewable energy resource

attributable to the use of nonrenewable fuels, beyond a de minimis quantity

used to generate electricity in the same process through which the facility

converts renewable fuel to electricity, shall not result in the creation of a

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— 15 — Ch. 1
renewable energy credit. The Energy Commission shall set the de minimis

quantity of nonrenewable fuels for each renewable energy technology at a

level of no more than 2 percent of the total quantity of fuel used by the

technology to generate electricity. The Energy Commission may adjust the

de minimis quantity for an individual facility, up to a maximum of 5 percent,

if it finds that all of the following conditions are met:

(i)  The facility demonstrates that the higher quantity of nonrenewable

fuel will lead to an increase in generation from the eligible renewable energy

facility that is significantly greater than generation from the nonrenewable

fuel alone.

(ii)  The facility demonstrates that the higher quantity of nonrenewable

fuels will reduce the variability of its electrical output in a manner that

results in net environmental benefits to the state.

(iii)  The higher quantity of nonrenewable fuel is limited to either natural

gas or hydrogen derived by reformation of a fossil fuel.

(B)  Electricity generated by a small hydroelectric generation facility

shall not result in the creation of a renewable energy credit unless the facility

meets the requirements of subparagraph (A) of paragraph (1) of subdivision

(e).

(C)  Electricity generated by a conduit hydroelectric generation facility

shall not result in the creation of a renewable energy credit unless the facility

meets the requirements of subparagraph (B) of paragraph (1) of subdivision

(e).

(D)  Electricity generated by a facility engaged in the combustion of

municipal solid waste shall not result in the creation of a renewable energy

credit unless the facility meets the requirements of paragraph (2) of

subdivision (e).

(i)  “Renewables portfolio standard” means the specified percentage of

electricity generated by eligible renewable energy resources that a retail

seller or a local publicly owned electric utility is required to procure pursuant

to this article.

(j)  “Retail seller” means an entity engaged in the retail sale of electricity

to end-use customers located within the state, including any of the following:

(1)  An electrical corporation, as defined in Section 218.

(2)  A community choice aggregator. The commission shall institute a

rulemaking to determine the manner in which a community choice aggregator

will participate in the renewables portfolio standard program subject to the

same terms and conditions applicable to an electrical corporation.

(3)  An electric service provider, as defined in Section 218.3, for all sales

of electricity to customers beginning January 1, 2006. The commission shall

institute a rulemaking to determine the manner in which electric service

providers will participate in the renewables portfolio standard program. The

electric service provider shall be subject to the same terms and conditions

applicable to an electrical corporation pursuant to this article. This paragraph

does not impair a contract entered into between an electric service provider

and a retail customer prior to the suspension of direct access by the

commission pursuant to Section 80110 of the Water Code.

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Ch. 1 — 16 —
(4)  “Retail seller” does not include any of the following:

(A)  A corporation or person employing cogeneration technology or

producing electricity consistent with subdivision (b) of Section 218.

(B)  The Department of Water Resources acting in its capacity pursuant

to Division 27 (commencing with Section 80000) of the Water Code.

(C)  A local publicly owned electric utility.

(k)  “WECC” means the Western Electricity Coordinating Council of the

North American Electric Reliability Corporation, or a successor to either

corporation.

SEC. 15. Section 399.13 of the Public Utilities Code is amended and

renumbered to read:

399.25. The Energy Commission shall do all of the following:

(a)  Certify eligible renewable energy resources that it determines meet

the criteria described in subdivision (e) of Section 399.12.

(b)  Design and implement an accounting system to verify compliance

with the renewables portfolio standard by retail sellers and local publicly

owned electric utilities, to ensure that electricity generated by an eligible

renewable energy resource is counted only once for the purpose of meeting

the renewables portfolio standard of this state or any other state, to certify

renewable energy credits produced by eligible renewable energy resources,

and to verify retail product claims in this state or any other state. In

establishing the guidelines governing this accounting system, the Energy

Commission shall collect data from electricity market participants that it

deems necessary to verify compliance of retail sellers and local publicly

owned electric utilities, in accordance with the requirements of this article

and the California Public Records Act (Chapter 3.5 (commencing with

Section 6250) of Division 7 of Title 1 of the Government Code). In seeking

data from electrical corporations, the Energy Commission shall request data

from the commission. The commission shall collect data from electrical

corporations and remit the data to the Energy Commission within 90 days

of the request.

(c)  Establish a system for tracking and verifying renewable energy credits

that, through the use of independently audited data, verifies the generation

of electricity associated with each renewable energy credit and protects

against multiple counting of the same renewable energy credit. The Energy

Commission shall consult with other western states and with the WECC in

the development of this system.

(d)  Certify, for purposes of compliance with the renewables portfolio

standard requirements by a retail seller, the eligibility of renewable energy

credits associated with eligible renewable energy resources procured by a

local publicly owned electric utility, if the Energy Commission determines

that all of the conditions of Section 399.31 have been met.

SEC. 16. Section 399.13 is added to the Public Utilities Code, to read:

399.13. (a)  (1)  The commission shall direct each electrical corporation

to annually prepare a renewable energy procurement plan that includes the

matter in paragraph (5), to satisfy its obligations under the renewables

portfolio standard. To the extent feasible, this procurement plan shall be

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— 17 — Ch. 1
proposed, reviewed, and adopted by the commission as part of, and pursuant

to, a general procurement plan process. The commission shall require each

electrical corporation to review and update its renewable energy procurement

plan as it determines to be necessary.

(2)  Every electrical corporation that owns electrical transmission facilities

shall annually prepare, as part of the Federal Energy Regulatory Commission

Order 890 process, and submit to the commission, a report identifying any

electrical transmission facility, upgrade, or enhancement that is reasonably

necessary to achieve the renewables portfolio standard procurement

requirements of this article. Each report shall look forward at least five years

and, to ensure that adequate investments are made in a timely manner, shall

include a preliminary schedule when an application for a certificate of public

convenience and necessity will be made, pursuant to Chapter 5 (commencing

with Section 1001), for any electrical transmission facility identified as

being reasonably necessary to achieve the renewable energy resources

procurement requirements of this article. Each electrical corporation that

owns electrical transmission facilities shall ensure that project-specific

interconnection studies are completed in a timely manner.

(3)  The commission shall direct each retail seller to prepare and submit

an annual compliance report that includes all of the following:

(A)  The current status and progress made during the prior year toward

procurement of eligible renewable energy resources as a percentage of retail

sales, including, if applicable, the status of any necessary siting and

permitting approvals from federal, state, and local agencies for those eligible

renewable energy resources procured by the retail seller, and the current

status of compliance with the portfolio content requirements of subdivision

(c) of Section 399.16, including procurement of eligible renewable energy

resources located outside the state and within the WECC and unbundled

renewable energy credits.

(B)  If the retail seller is an electrical corporation, the current status and

progress made during the prior year toward construction of, and upgrades

to, transmission and distribution facilities and other electrical system

components it owns to interconnect eligible renewable energy resources

and to supply the electricity generated by those resources to load, including

the status of planning, siting, and permitting transmission facilities by federal,

state, and local agencies.

(C)  Recommendations to remove impediments to making progress toward

achieving the renewable energy resources procurement requirements

established pursuant to this article.

(4)  The commission shall adopt, by rulemaking, all of the following:

(A)  A process that provides criteria for the rank ordering and selection

of least-cost and best-fit eligible renewable energy resources to comply with

the California Renewables Portfolio Standard Program obligations on a total

cost basis. This process shall take into account all of the following:

(i)  Estimates of indirect costs associated with needed transmission

investments and ongoing electrical corporation expenses resulting from

integrating and operating eligible renewable energy resources.

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Ch. 1 — 18 —
(ii)  The cost impact of procuring the eligible renewable energy resources

on the electrical corporation’s electricity portfolio.

(iii)  The viability of the project to construct and reliably operate the

eligible renewable energy resource, including the developer’s experience,

the feasibility of the technology used to generate electricity, and the risk

that the facility will not be built, or that construction will be delayed, with

the result that electricity will not be supplied as required by the contract.

(iv)  Workforce recruitment, training, and retention efforts, including the

employment growth associated with the construction and operation of eligible

renewable energy resources and goals for recruitment and training of women,

minorities, and disabled veterans.

(B)  Rules permitting retail sellers to accumulate, beginning January 1,

2011, excess procurement in one compliance period to be applied to any

subsequent compliance period. The rules shall apply equally to all retail

sellers. In determining the quantity of excess procurement for the applicable

compliance period, the commission shall deduct from actual procurement

quantities, the total amount of procurement associated with contracts of less

than 10 years in duration. In no event shall electricity products meeting the

portfolio content of paragraph (3) of subdivision (b) of Section 399.16 be

counted as excess procurement.

(C)  Standard terms and conditions to be used by all electrical corporations

in contracting for eligible renewable energy resources, including performance

requirements for renewable generators. A contract for the purchase of

electricity generated by an eligible renewable energy resource, at a minimum,

shall include the renewable energy credits associated with all electricity

generation specified under the contract. The standard terms and conditions

shall include the requirement that, no later than six months after the

commission’s approval of an electricity purchase agreement entered into

pursuant to this article, the following information about the agreement shall

be disclosed by the commission: party names, resource type, project location,

and project capacity.

(D)  An appropriate minimum margin of procurement above the minimum

procurement level necessary to comply with the renewables portfolio

standard to mitigate the risk that renewable projects planned or under contract

are delayed or canceled. This paragraph does not preclude an electrical

corporation from voluntarily proposing a margin of procurement above the

appropriate minimum margin established by the commission.

(5)  Consistent with the goal of increasing California’s reliance on eligible

renewable energy resources, the renewable energy procurement plan

submitted by an electrical corporation shall include all of the following:

(A)  An assessment of annual or multiyear portfolio supplies and demand

to determine the optimal mix of eligible renewable energy resources with

deliverability characteristics that may include peaking, dispatchable,

baseload, firm, and as-available capacity.

(B)  Potential compliance delays related to the conditions described in

paragraph (4) of subdivision (b) of Section 399.15.

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— 19 — Ch. 1
(C)  A bid solicitation setting forth the need for eligible renewable energy

resources of each deliverability characteristic, required online dates, and

locational preferences, if any.

(D)  A status update on the development schedule of all eligible renewable

energy resources currently under contract.

(E)  Consideration of mechanisms for price adjustments associated with

the costs of key components for eligible renewable energy resource projects

with online dates more than 24 months after the date of contract execution.

(F)  An assessment of the risk that an eligible renewable energy resource

will not be built, or that construction will be delayed, with the result that

electricity will not be delivered as required by the contract.

(6)  In soliciting and procuring eligible renewable energy resources, each

electrical corporation shall offer contracts of no less than 10 years duration,

unless the commission approves of a contract of shorter duration.

(7)  In soliciting and procuring eligible renewable energy resources for

California-based projects, each electrical corporation shall give preference

to renewable energy projects that provide environmental and economic

benefits to communities afflicted with poverty or high unemployment, or

that suffer from high emission levels of toxic air contaminants, criteria air

pollutants, and greenhouse gases.

(b)  A retail seller may enter into a combination of long- and short-term

contracts for electricity and associated renewable energy credits. The

commission may authorize a retail seller to enter into a contract of less than

10 years’ duration with an eligible renewable energy resource, if the

commission has established, for each retail seller, minimum quantities of

eligible renewable energy resources to be procured through contracts of at

least 10 years’ duration.

(c)  The commission shall review and accept, modify, or reject each

electrical corporation’s renewable energy resource procurement plan prior

to the commencement of renewable energy procurement pursuant to this

article by an electrical corporation.

(d)  Unless previously preapproved by the commission, an electrical

corporation shall submit a contract for the generation of an eligible renewable

energy resource to the commission for review and approval consistent with

an approved renewable energy resource procurement plan. If the commission

determines that the bid prices are elevated due to a lack of effective

competition among the bidders, the commission shall direct the electrical

corporation to renegotiate the contracts or conduct a new solicitation.

(e)  If an electrical corporation fails to comply with a commission order

adopting a renewable energy resource procurement plan, the commission

shall exercise its authority pursuant to Section 2113 to require compliance.

The commission shall enforce comparable penalties on any retail seller that

is not an electrical corporation that fails to meet the procurement targets

established pursuant to Section 399.15.

(f)  (1)  The commission may authorize a procurement entity to enter into

contracts on behalf of customers of a retail seller for electricity products

from eligible renewable energy resources to satisfy the retail seller’s

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Ch. 1 — 20 —
renewables portfolio standard procurement requirements. The commission

shall not require any person or corporation to act as a procurement entity

or require any party to purchase eligible renewable energy resources from

a procurement entity.

(2)  Subject to review and approval by the commission, the procurement

entity shall be permitted to recover reasonable administrative and

procurement costs through the retail rates of end-use customers that are

served by the procurement entity and are directly benefiting from the

procurement of eligible renewable energy resources.

(g)  Procurement and administrative costs associated with contracts entered

into by an electrical corporation for eligible renewable energy resources

pursuant to this article and approved by the commission are reasonable and

prudent and shall be recoverable in rates.

(h)  Construction, alteration, demolition, installation, and repair work on

an eligible renewable energy resource that receives production incentives

pursuant to Section 25742 of the Public Resources Code, including work

performed to qualify, receive, or maintain production incentives, are “public

works” for the purposes of Chapter 1 (commencing with Section 1720) of

Part 7 of Division 2 of the Labor Code.

SEC. 17. Section 399.14 of the Public Utilities Code is repealed.

SEC. 18. Section 399.14 is added to the Public Utilities Code, to read:

399.14. (a)  (1)  An electrical corporation, pursuant to Chapter 5

(commencing with Section 1001), and in order to meet its unmet renewables

portfolio standard procurement requirements, may apply to the commission

for approval to construct, own, and operate an eligible renewable energy

resource.

(2)  If the proposed eligible renewable energy resource complies with the

requirements of subdivision (b), the commission shall approve an application

filed pursuant to paragraph (1), until the commission has approved

applications for eligible renewable energy resources for the electrical

corporation that, when constructed and operating, will provide 8.25 percent

of the electrical corporation’s anticipated retail sales by December 31, 2020,

and thereafter.

(3)  The commission may approve additional applications for eligible

renewable energy resources once the commission has approved sufficient

applications for eligible renewable energy resources for the electrical

corporation that, when constructed and operating, will provide 8.25 percent

of the electrical corporation’s anticipated retail sales by December 31, 2020,

and thereafter.

(b)  The commission shall not approve any application by an electrical

corporation pursuant to subdivision (a) unless both of the following

conditions are met:

(1)  The eligible renewable energy resource utilizes a viable technology

at a reasonable cost.

(2)  The eligible renewable energy resource provides comparable or

superior value to ratepayers when compared to then recent contracts for

generation provided by eligible renewable energy resources.

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— 21 — Ch. 1
(c)  In approving any application by an electrical corporation for approval

to construct, own, and operate an eligible renewable energy resource, the

commission shall apply traditional cost-of-service ratemaking. When

applying traditional cost-of-service ratemaking, the commission, in the

certificate authorizing the new construction, shall specify the maximum

cost determined to be reasonable and prudent for the construction of the

facility and the cost of initial operation of the facility. Upon a filing by the

electrical corporation, the commission may authorize an increase in the

maximum cost of construction if it determines that the cost has in fact

increased, that the cost increase is determined to be reasonable and prudent,

and that the present or future public convenience or necessity require

construction of the project at the increased cost.

SEC. 19. Section 399.15 of the Public Utilities Code is repealed.

SEC. 20. Section 399.15 is added to the Public Utilities Code, to read:

399.15. (a)  In order to fulfill unmet long-term resource needs, the

commission shall establish a renewables portfolio standard requiring all

retail sellers to procure a minimum quantity of electricity products from

eligible renewable energy resources as a specified percentage of total

kilowatthours sold to their retail end-use customers each compliance period

to achieve the targets established under this article. For any retail seller

procuring at least 14 percent of retail sales from eligible renewable energy

resources in 2010, the deficits associated with any previous renewables

portfolio standard shall not be added to any procurement requirement

pursuant to this article.

(b)  The commission shall implement renewables portfolio standard

procurement requirements only as follows:

(1)  Each retail seller shall procure a minimum quantity of eligible

renewable energy resources for each of the following compliance periods:

(A)  January 1, 2011, to December 31, 2013, inclusive.

(B)  January 1, 2014, to December 31, 2016, inclusive.

(C)  January 1, 2017, to December 31, 2020, inclusive.

(2)  (A)  No later than January 1, 2012, the commission shall establish

the quantity of electricity products from eligible renewable energy resources

to be procured by the retail seller for each compliance period. These

quantities shall be established in the same manner for all retail sellers and

result in the same percentages used to establish compliance period quantities

for all retail sellers.

(B)  In establishing quantities for the compliance period from January 1,

2011, to December 31, 2013, inclusive, the commission shall require

procurement for each retail seller equal to an average of 20 percent of retail

sales. For the following compliance periods, the quantities shall 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 commission shall require

retail sellers to procure not less than 33 percent of retail sales of electricity

products from eligible renewable energy resources in all subsequent years.

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Ch. 1 — 22 —
(C)  Retail sellers shall be obligated to procure no less than the quantities

associated with all intervening years by the end of each compliance period.

Retail sellers shall not be required to demonstrate a specific quantity of

procurement for any individual intervening year.

(3)  The commission shall not require the procurement of eligible

renewable energy resources in excess of the quantities identified in paragraph

(2). A retail seller may voluntarily increase its procurement of eligible

renewable energy resources beyond the renewables portfolio standard

procurement requirements.

(4)  Only for purposes of establishing the renewables portfolio standard

procurement requirements of paragraph (1) and determining the quantities

pursuant to paragraph (2), the commission shall include all electricity sold

to retail customers by the Department of Water Resources pursuant to

Division 27 (commencing with Section 80000) of the Water Code in the

calculation of retail sales by an electrical corporation.

(5)  The commission shall waive enforcement of this section if it finds

that the retail seller has demonstrated any of the following conditions are

beyond the control of the retail seller and will prevent compliance:

(A)  There is inadequate transmission capacity to allow for sufficient

electricity to be delivered from proposed eligible renewable energy resource

projects using the current operational protocols of the Independent System

Operator. In making its findings relative to the existence of this condition

with respect to a retail seller that owns transmission lines, the commission

shall consider both of the following:

(i)  Whether the retail seller has undertaken, in a timely fashion, reasonable

measures under its control and consistent with its obligations under local,

state, and federal laws and regulations, to develop and construct new

transmission lines or upgrades to existing lines intended to transmit

electricity generated by eligible renewable energy resources. In determining

the reasonableness of a retail seller’s actions, the commission shall consider

the retail seller’s expectations for full-cost recovery for these transmission

lines and upgrades.

(ii)  Whether the retail seller has taken all reasonable operational measures

to maximize cost-effective deliveries of electricity from eligible renewable

energy resources in advance of transmission availability.

(B)  Permitting, interconnection, or other circumstances that delay

procured eligible renewable energy resource projects, or there is an

insufficient supply of eligible renewable energy resources available to the

retail seller. In making a finding that this condition prevents timely

compliance, the commission shall consider whether the retail seller has done

all of the following:

(i)  Prudently managed portfolio risks, including relying on a sufficient

number of viable projects.

(ii)  Sought to develop one of the following: its own eligible renewable

energy resources, transmission to interconnect to eligible renewable energy

resources, or energy storage used to integrate eligible renewable energy

resources. This clause shall not require an electrical corporation to pursue

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— 23 — Ch. 1
development of eligible renewable energy resources pursuant to Section

399.14.

(iii)  Procured an appropriate minimum margin of procurement above the

minimum procurement level necessary to comply with the renewables

portfolio standard to compensate for foreseeable delays or insufficient

supply.

(iv)  Taken reasonable measures, under the control of the retail seller, to

procure cost-effective distributed generation and allowable unbundled

renewable energy credits.

(C)  Unanticipated curtailment of eligible renewable energy resources

necessary to address the needs of a balancing authority.

(6)  If the commission waives the compliance requirements of this section,

the commission shall establish additional reporting requirements on the

retail seller to demonstrate that all reasonable actions under the control of

the retail seller are taken in each of the intervening years sufficient to satisfy

future procurement requirements.

(7)  The commission shall not waive enforcement pursuant to this section,

unless the retail seller demonstrates that it has taken all reasonable actions

under its control, as set forth in paragraph (5), to achieve full compliance.

(8)  If a retail seller fails to procure sufficient eligible renewable energy

resources to comply with a procurement requirement pursuant to paragraphs

(1) and (2) and fails to obtain an order from the commission waiving

enforcement pursuant to paragraph (5), the commission shall exercise its

authority pursuant to Section 2113.

(9)  Deficits associated with the compliance period shall not be added to

a future compliance period.

(c)  The commission shall establish a limitation for each electrical

corporation on the procurement expenditures for all eligible renewable

energy resources used to comply with the renewables portfolio standard. In

establishing this limitation, the commission shall rely on the following:

(1)  The most recent renewable energy procurement plan.

(2)  Procurement expenditures that approximate the expected cost of

building, owning, and operating eligible renewable energy resources.

(3)  The potential that some planned resource additions may be delayed

or canceled.

(d)  In developing the limitation pursuant to subdivision (c), the

commission shall ensure all of the following:

(1)  The limitation is set at a level that prevents disproportionate rate

impacts.

(2)  The costs of all procurement credited toward achieving the renewables

portfolio standard are counted towards the limitation.

(3)  Procurement expenditures do not include any indirect expenses,

including imbalance energy charges, sale of excess energy, decreased

generation from existing resources, transmission upgrades, or the costs

associated with relicensing any utility-owned hydroelectric facilities.

(e)  (1)  No later than January 1, 2016, the commission shall prepare a

report to the Legislature assessing whether each electrical corporation can

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achieve a 33-percent renewables portfolio standard by December 31, 2020,

and maintain that level thereafter, within the adopted cost limitations. If the

commission determines that it is necessary to change the limitation for

procurement costs incurred by any electrical corporation after that date, it

may propose a revised cap consistent with the criteria in subdivisions (c)

and (d). The proposed modifications shall take effect no earlier than January

1, 2017.

(2)  Notwithstanding Section 10231.5 of the Government Code, the

requirement for submitting a report imposed under paragraph (1) is

inoperative on January 1, 2021.

(3)  A report to be submitted pursuant to paragraph (1) shall be submitted

in compliance with Section 9795 of the Government Code.

(f)  If the cost limitation for an electrical corporation is insufficient to

support the projected costs of meeting the renewables portfolio standard

procurement requirements, the electrical corporation may refrain from

entering into new contracts or constructing facilities beyond the quantity

that can be procured within the limitation, unless eligible renewable energy

resources can be procured without exceeding a de minimis increase in rates,

consistent with the long-term procurement plan established for the electrical

corporation pursuant to Section 454.5.

(g)  (1)  The commission shall monitor the status of the cost limitation

for each electrical corporation in order to ensure compliance with this article.

(2)  If the commission determines that an electrical corporation may

exceed its cost limitation prior to achieving the renewables portfolio standard

procurement requirements, the commission shall do both of the following

within 60 days of making that determination:

(A)  Investigate and identify the reasons why the electrical corporation

may exceed its annual cost limitation.

(B)  Notify the appropriate policy and fiscal committees of the Legislature

that the electrical corporation may exceed its cost limitation, and include

the reasons why the electrical corporation may exceed its cost limitation.

(h)  The establishment of a renewables portfolio standard shall not

constitute implementation by the commission of the federal Public Utility

Regulatory Policies Act of 1978 (Public Law 95-617).

SEC. 21. Section 399.16 of the Public Utilities Code is amended and

renumbered to read:

399.21. (a)  The commission, by rule, shall authorize the use of renewable

energy credits to satisfy the renewables portfolio standard procurement

requirements established pursuant to this article, subject to the following

conditions:

(1)  Prior to authorizing any renewable energy credit to be used toward

satisfying the renewables portfolio standard procurement requirements, the

commission and the Energy Commission shall conclude that the tracking

system established pursuant to subdivision (c) of Section 399.25, is

operational, is capable of independently verifying that electricity earning

the credit is generated by an eligible renewable energy resource, and can

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ensure that renewable energy credits shall not be double counted by any

seller of electricity within the service territory of the WECC.

(2)  Each renewable energy credit shall be counted only once for

compliance with the renewables portfolio standard of this state or any other

state, or for verifying retail product claims in this state or any other state.

(3)  All revenues received by an electrical corporation for the sale of a

renewable energy credit shall be credited to the benefit of ratepayers.

(4)  Renewable energy credits shall not be created for electricity generated

pursuant to any electricity purchase contract with a retail seller or a local

publicly owned electric utility executed before January 1, 2005, unless the

contract contains explicit terms and conditions specifying the ownership or

disposition of those credits. Procurement under those contracts shall be

tracked through the accounting system described in subdivision (b) of Section

399.25 and included in the quantity of eligible renewable energy resources

of the purchasing retail seller pursuant to Section 399.15.

(5)  Renewable energy credits shall not be created for electricity generated

under any electricity purchase contract executed after January 1, 2005,

pursuant to the federal Public Utility Regulatory Policies Act of 1978 (16

U.S.C. Sec. 2601 et seq.). Procurement under the electricity purchase

contracts shall be tracked through the accounting system implemented by

the Energy Commission pursuant to subdivision (b) of Section 399.25 and

count toward the renewables portfolio standard procurement requirements

of the purchasing retail seller.

(6)  A renewable energy credit shall not be eligible for compliance with

a renewables portfolio standard procurement requirement unless it is retired

in the tracking system established pursuant to subdivision (c) of Section

399.25 by the retail seller or local publicly owned electric utility within 36

months from the initial date of generation of the associated electricity.

(b)  The commission shall allow an electrical corporation to recover the

reasonable costs of purchasing, selling, and administering renewable energy

credit contracts in rates.

SEC. 22. Section 399.16 is added to the Public Utilities Code, to read:

399.16. (a)  Various electricity products from eligible renewable energy

resources located within the WECC transmission network service area shall

be eligible to comply with the renewables portfolio standard procurement

requirements in Section 399.15. These electricity products may be

differentiated by their impacts on the operation of the grid in supplying

electricity, as well as, meeting the requirements of this article.

(b)  Consistent with the goals of procuring the least-cost and best-fit

electricity products from eligible renewable energy resources that meet

project viability principles adopted by the commission pursuant to paragraph

(4) of subdivision (a) of Section 399.13 and that provide the benefits set

forth in Section 399.11, a balanced portfolio of eligible renewable energy

resources shall be procured consisting of the following portfolio content

categories:

(1)  Eligible renewable energy resource electricity products that meet

either of the following criteria:

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Ch. 1 — 26 —
(A)  Have a first point of interconnection with a California balancing

authority, have a first point of interconnection with distribution facilities

used to serve end users within a California balancing authority area, or are

scheduled from the eligible renewable energy resource into a California

balancing authority without substituting electricity from another source.

The use of another source to provide real-time ancillary services required

to maintain an hourly or subhourly import schedule into a California

balancing authority shall be permitted, but only the fraction of the schedule

actually generated by the eligible renewable energy resource shall count

toward this portfolio content category.

(B)  Have an agreement to dynamically transfer electricity to a California

balancing authority.

(2)  Firmed and shaped eligible renewable energy resource electricity

products providing incremental electricity and scheduled into a California

balancing authority.

(3)  Eligible renewable energy resource electricity products, or any fraction

of the electricity generated, including unbundled renewable energy credits,

that do not qualify under the criteria of paragraph (1) or (2).

(c)  In order to achieve a balanced portfolio, all retail sellers shall meet

the following requirements for all procurement credited towards each

compliance period:

(1)  Not less than 50 percent for the compliance period ending December

31, 2013, 65 percent for the compliance period ending December 31, 2016,

and 75 percent thereafter of the eligible renewable energy resource electricity

products associated with contracts executed after June 1, 2010, shall meet

the product content requirements of paragraph (1) of subdivision (b).

(2)  Not more than 25 percent for the compliance period ending December

31, 2013, 15 percent for the compliance period ending December 31, 2016,

and 10 percent thereafter of the eligible renewable energy resource electricity

products associated with contracts executed after June 1, 2010, shall meet

the product content requirements of paragraph (3) of subdivision (b).

(3)  Any renewable energy resources contracts executed on or after June

1, 2010, not subject to the limitations of paragraph (1) or (2), shall meet the

product content requirements of paragraph (2) of subdivision (b).

(d)  Any contract or ownership agreement originally executed prior to

June 1, 2010, shall count in full towards the procurement requirements

established pursuant to this article, if all of the following conditions are met:

(1)  The renewable energy resource was eligible under the rules in place

as of the date when the contract was executed.

(2)  For an electrical corporation, the contract has been approved by the

commission, even if that approval occurs after June 1, 2010.

(3)  Any contract amendments or modifications occurring after June 1,

2010, do not increase the nameplate capacity or expected quantities of annual

generation, or substitute a different renewable energy resource. The duration

of the contract may be extended if the original contract specified a

procurement commitment of 15 or more years.

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— 27 — Ch. 1
(e)  A retail seller may apply to the commission for a reduction of a

procurement content requirement of subdivision (c). The commission may

reduce a procurement content requirement of subdivision (c) to the extent

the retail seller demonstrates that it cannot comply with that subdivision

because of conditions beyond the control of the retail seller as provided in

paragraph (5) of subdivision (b) of Section 399.15. The commission shall

not, under any circumstance, reduce the obligation specified in paragraph

(1) of subdivision (c) below 65 percent for any compliance obligation after

December 31, 2016.

SEC. 23. Section 399.17 of the Public Utilities Code is repealed.

SEC. 24. Section 399.17 is added to the Public Utilities Code, to read:

399.17. (a)  (1)  Subject to this section, the requirements of this article

apply to an electrical corporation that as of January 1, 2010, had 60,000 or

fewer customer accounts in California and met either of the following

requirements:

(A)  Served retail end-use customers outside California.

(B)  Was located in a control area that is not under the operational

balancing authority of the Independent System Operator or other California

balancing authority and receives the majority of its electrical requirements

from generating facilities located outside of California.

(2)  This section applies to a successor entity to all or a portion of the

service territory of an electrical corporation meeting the requirements of

paragraph (1), but only to the extent that the successor entity will have

60,000 or fewer customer accounts in California.

(b)  For an electrical corporation or qualifying successor entity meeting

the requirements of subdivision (a), electricity products from eligible

renewable energy resources may be used for compliance with the renewables

portfolio standard procurement requirements notwithstanding any

procurement content limitation in Section 399.16 and an eligible renewable

energy resource includes a facility that is located outside California, if the

facility is connected to the WECC transmission system, provided all of the

following conditions are met:

(1)  Any portion of the electricity generated by the facility and allocated

by the electrical corporation or qualifying successor entity for its California

customers, and is not used to fulfill renewable energy procurement

requirements in other states.

(2)  The electrical corporation or qualifying successor entity participates

in, and complies with, the accounting system administered by the Energy

Commission pursuant to subdivision (b) of Section 399.25.

(3)  The Energy Commission verifies that the electricity generated by the

facility is eligible to meet the procurement requirements of this article.

(c)  The commission shall determine the procurement requirements for

an electrical corporation or qualifying successor entity meeting the

requirements of subdivision (a) as a specified percentage of total

kilowatthours sold by the electrical corporation to its retail end-use customers

in California in a compliance period.

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Ch. 1 — 28 —
(d)  An electrical corporation or qualifying successor entity meeting the

requirements of subdivision (a) may use an integrated resource plan prepared

in compliance with the requirements of another state utility regulatory

commission, to fulfill the requirement to prepare a renewable energy

procurement plan pursuant to this article, provided the plan meets the

requirements of Sections 399.13, 399.14, and 399.25, as modified by this

section.

(e)  Procurement and administrative costs associated with long-term

contracts for eligible renewable energy resources pursuant to this article

entered into by an electrical corporation or qualifying successor entity

meeting the requirements of subdivision (a) and approved by the commission,

are reasonable and prudent and shall be recoverable in rates of the electrical

corporation or its successor’s California customers, provided the costs are

not recoverable in rates in other states served by the electrical corporation.

(f)  Procurement expenditures for electricity products from eligible

renewable energy resources pursuant to this section by an electrical

corporation or successor entity meeting the requirements of subdivision (a)

shall be subject to a limitation on procurement expenditures established by

the commission pursuant to subdivision (c) of Section 399.15.

SEC. 25. Section 399.18 is added to the Public Utilities Code, to read:

399.18. (a)  This section applies to an electrical corporation that as of

January 1, 2010, met either of the following conditions:

(1)  Served 30,000 or fewer customer accounts in California and had

issued at least four solicitations for eligible renewable energy resources

prior to June 1, 2010.

(2)  Had 1,000 or fewer customer accounts in California and was not

connected to any transmission system or to the California Independent

System Operator.

(b)  For an electrical corporation or its successor, electricity products

from eligible renewable energy resources may be used for compliance with

this article, notwithstanding any procurement content limitation in Section

399.16, provided that both of the following conditions are met:

(1)  The electrical corporation or its successor participates in, and complies

with, the accounting system administered by the Energy Commission

pursuant to subdivision (b) of Section 399.25.

(2)  The Energy Commission verifies that the electricity generated by the

facility is eligible to meet the requirements of Section 399.15.

SEC. 26. Section 399.19 is added to the Public Utilities Code, to read:

399.19. The commission, in consultation with the Energy Commission,

shall report to the Legislature by January 1 of every even-numbered year

on all of the following:

(a)  The progress and status of procurement activities by each retail seller.

(b)  The status of permitting and siting eligible renewable energy resources

and transmission facilities necessary to supply electricity generated to load,

including the time taken to permit each eligible renewable energy resource

and transmission line or upgrade, explanations of failures to meet permitting

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— 29 — Ch. 1
milestones, and recommendations for improvements to expedite permitting

and siting processes.

(c)  The projected ability of each electrical corporation to meet the

renewables portfolio standard procurement requirements under the cost

limitations in subdivision (d) of Section 399.15 and any recommendations

for revisions of those cost limitations.

(d)  Any barriers to, and policy recommendations for, achieving the

renewables portfolio standard pursuant to this article.

SEC. 27. Section 399.20 of the Public Utilities Code is amended to read:

399.20. (a)  It is the policy of this state and the intent of the Legislature

to encourage electrical generation from eligible renewable energy resources.

(b)  As used in this section, “electric generation facility” means an electric

generation facility located within the service territory of, and developed to

sell electricity to, an electrical corporation that meets all of the following

criteria:

(1)  Has an effective capacity of not more than three megawatts.

(2)  Is interconnected and operates in parallel with the electrical

transmission and distribution grid.

(3)  Is strategically located and interconnected to the electrical

transmission and distribution grid in a manner that optimizes the

deliverability of electricity generated at the facility to load centers.

(4)  Is an eligible renewable energy resource.

(c)  Every electrical corporation shall file with the commission a standard

tariff for electricity purchased from an electric generation facility. The

commission may modify or adjust the requirements of this section for any

electrical corporation with less than 100,000 service connections, as

individual circumstances merit.

(d)  (1)  The tariff shall provide for payment for every kilowatthour of

electricity purchased from an electric generation facility for a period of 10,

15, or 20 years, as authorized by the commission. The payment shall be the

market price determined by the commission pursuant to paragraph (2) and

shall include all current and anticipated environmental compliance costs,

including, but not limited to, mitigation of emissions of greenhouse gases

and air pollution offsets associated with the operation of new generating

facilities in the local air pollution control or air quality management district

where the electric generation facility is located.

(2)  The commission shall establish a methodology to determine the

market price of electricity for terms corresponding to the length of contracts

with an electric generation facility, in consideration of the following:

(A)  The long-term market price of electricity for fixed price contracts,

determined pursuant to an electrical corporation’s general procurement

activities as authorized by the commission.

(B)  The long-term ownership, operating, and fixed-price fuel costs

associated with fixed-price electricity from new generating facilities.

(C)  The value of different electricity products including baseload,

peaking, and as-available electricity.

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Ch. 1 — 30 —
(3)  The commission may adjust the payment rate to reflect the value of

every kilowatthour of electricity generated on a time-of-delivery basis.

(4)  The commission shall ensure, with respect to rates and charges, that

ratepayers that do not receive service pursuant to the tariff are indifferent

to whether a ratepayer with an electric generation facility receives service

pursuant to the tariff.

(e)  An electrical corporation shall provide expedited interconnection

procedures to an electric generation facility located on a distribution circuit

that generates electricity at a time and in a manner so as to offset the peak

demand on the distribution circuit, if the electrical corporation determines

that the electric generation facility will not adversely affect the distribution

grid. The commission shall consider and may establish a value for an electric

generation facility located on a distribution circuit that generates electricity

at a time and in a manner so as to offset the peak demand on the distribution

circuit.

(f)  An electrical corporation shall make the tariff available to the owner

or operator of an electric generation facility within the service territory of

the electrical corporation, upon request, on a first-come-first-served basis,

until the electrical corporation meets its proportionate share of a statewide

cap of 750 megawatts cumulative rated generation capacity served under

this section and Section 387.6. The proportionate share shall be calculated

based on the ratio of the electrical corporation’s peak demand compared to

the total statewide peak demand.

(g)  The electrical corporation may make the terms of the tariff available

to owners and operators of an electric generation facility in the form of a

standard contract subject to commission approval.

(h)  Every kilowatthour of electricity purchased from an electric generation

facility shall count toward meeting the electrical corporation’s renewables

portfolio standard annual procurement targets for purposes of paragraph (1)

of subdivision (b) of Section 399.15.

(i)  The physical generating capacity of an electric generation facility

shall count toward the electrical corporation’s resource adequacy requirement

for purposes of Section 380.

(j)  (1)  The commission shall establish performance standards for any

electric generation facility that has a capacity greater than one megawatt to

ensure that those facilities are constructed, operated, and maintained to

generate the expected annual net production of electricity and do not impact

system reliability.

(2)  The commission may reduce the three megawatt capacity limitation

of paragraph (1) of subdivision (b) if the commission finds that a reduced

capacity limitation is necessary to maintain system reliability within that

electrical corporation’s service territory.

(k)  (1)  Any owner or operator of an electric generation facility that

received ratepayer-funded incentives in accordance with Section 379.6 of

this code, or with Section 25782 of the Public Resources Code, and

participated in a net metering program pursuant to Sections 2827, 2827.9,

and 2827.10 of this code prior to January 1, 2010, shall be eligible for a

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— 31 — Ch. 1
tariff or standard contract filed by an electrical corporation pursuant to this

section.

(2)  In establishing the tariffs or standard contracts pursuant to this section,

the commission shall consider ratepayer-funded incentive payments

previously received by the generation facility pursuant to Section 379.6 of

this code or Section 25782 of the Public Resources Code. The commission

shall require reimbursement of any funds received from these incentive

programs to an electric generation facility, in order for that facility to be

eligible for a tariff or standard contract filed by an electrical corporation

pursuant to this section, unless the commission determines ratepayers have

received sufficient value from the incentives provided to the facility based

on how long the project has been in operation and the amount of renewable

electricity previously generated by the facility.

(3)  A customer that receives service under a tariff or contract approved

by the commission pursuant to this section is not eligible to participate in

any net metering program.

(l)  An owner or operator of an electric generation facility electing to

receive service under a tariff or contract approved by the commission shall

continue to receive service under the tariff or contract until either of the

following occurs:

(1)  The owner or operator of an electric generation facility no longer

meets the eligibility requirements for receiving service pursuant to the tariff

or contract.

(2)  The period of service established by the commission pursuant to

subdivision (d) is completed.

(m)  Within 10 days of receipt of a request for a tariff pursuant to this

section from an owner or operator of an electric generation facility, the

electrical corporation that receives the request shall post a copy of the request

on its Internet Web site. The information posted on the Internet Web site

shall include the name of the city in which the facility is located, but

information that is proprietary and confidential, including, but not limited

to, address information beyond the name of the city in which the facility is

located, shall be redacted.

(n)  An electrical corporation may deny a tariff request pursuant to this

section if the electrical corporation makes any of the following findings:

(1)  The electric generation facility does not meet the requirements of

this section.

(2)  The transmission or distribution grid that would serve as the point of

interconnection is inadequate.

(3)  The electric generation facility does not meet all applicable state and

local laws and building standards and utility interconnection requirements.

(4)  The aggregate of all electric generating facilities on a distribution

circuit would adversely impact utility operation and load restoration efforts

of the distribution system.

(o)  Upon receiving a notice of denial from an electrical corporation, the

owner or operator of the electric generation facility denied a tariff pursuant

to this section shall have the right to appeal that decision to the commission.

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Ch. 1 — 32 —
(p)  In order to ensure the safety and reliability of electric generation

facilities, the owner of an electric generation facility receiving a tariff

pursuant to this section shall provide an inspection and maintenance report

to the electrical corporation at least once every other year. The inspection

and maintenance report shall be prepared at the owner’s or operator’s

expense by a California-licensed contractor who is not the owner or operator

of the electric generation facility. A California-licensed electrician shall

perform the inspection of the electrical portion of the generation facility.

(q)  The contract between the electric generation facility receiving the

tariff and the electrical corporation shall contain provisions that ensure that

construction of the electric generating facility complies with all applicable

state and local laws and building standards, and utility interconnection

requirements.

(r)  (1)  All construction and installation of facilities of the electrical

corporation, including at the point of the output meter or at the transmission

or distribution grid, shall be performed only by that electrical corporation.

(2)  All interconnection facilities installed on the electrical corporation’s

side of the transfer point for electricity between the electrical corporation

and the electrical conductors of the electric generation facility shall be

owned, operated, and maintained only by the electrical corporation. The

ownership, installation, operation, reading, and testing of revenue metering

equipment for electric generating facilities shall only be performed by the

electrical corporation.

SEC. 28. Section 399.26 is added to the Public Utilities Code, to read:

399.26. (a)  In order for the state to meet the requirements of the

California Renewables Portfolio Standard Program, substantially increased

amounts of electricity generated by eligible renewable energy resources

must be integrated with, and interconnected to, the transmission grid that

is either owned by, or under the operational control of, the local publicly

owned electric utilities and the transmission grid that is under the operational

control of the Independent System Operator.

(b)  The Independent System Operator and the balancing authority of

each area in California shall do both of the following:

(1)  Work cooperatively to integrate and interconnect eligible renewable

energy resources to the transmission grid by the most efficient means

possible with the goal of minimizing the impact and cost of new transmission

needed to meet both reliability needs and the renewables portfolio standard

procurement requirements.

(2)  Accomplish the requirements of paragraph (1) in a manner that

respects the ownership, business, and dispatch models for transmission

facilities owned by electrical corporations, local publicly owned electric

utilities, joint powers agencies, and independent transmission companies.

(c)  The Independent System Operator shall seek any approvals from the

Federal Energy Regulatory Commission that are necessary to accomplish

the goals and requirements of this article.

(d)  In order to maintain electric service reliability and to minimize the

construction of fossil fuel electrical generation capacity to support the

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— 33 — Ch. 1
integration of intermittent renewable electrical generation into the electrical

grid, by July 1, 2011, the commission shall determine the effective load

carrying capacity of wind and solar energy resources on the California

electrical grid. The commission shall use those effective load carrying

capacity values in establishing the contribution of wind and solar energy

resources toward meeting the resource adequacy requirements established

pursuant to Section 380.

SEC. 29. Section 399.30 is added to the Public Utilities Code, to read:

399.30. (a)  In order 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

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.

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Ch. 1 — 34 —
(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 local publicly owned electric utility shall annually submit to the

Energy Commission documentation regarding eligible renewable energy

resources procurement contracts that it executed during the prior year, as

follows:

(1)  A description of the eligible renewable energy resource, including

the duration of the contract or electricity purchase agreement.

(2)  A description and identification of the electrical generating facility

providing the eligible renewable energy resource under the contract.

(3)  An estimate of the percentage increase in the utility’s total retail sales

of electricity from eligible renewable energy resources that will result from

the contract.

(h)  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.

(i)  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

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— 35 — Ch. 1
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.

(j)  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.

(k)  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.

(l)  Each local publicly owned electric utility shall report, on an annual

basis, to its customers and to the Energy Commission, all of the following:

(1)  Expenditures of public goods funds collected pursuant to Section 385

for eligible renewable energy resource development. Reports shall contain

a description of programs, expenditures, and expected or actual results.

(2)  The resource mix used to serve its customers by energy source.

(3)  The utility’s status in implementing a renewables portfolio standard

pursuant to subdivision (a) and the utility’s progress toward attaining the

standard following implementation.

(m)  A local publicly owned electric utility shall retain discretion over

both of the following:

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(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.

(n)  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).

(o)  (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.

(p)  The commission has no authority or jurisdiction to enforce any of

the requirements of this article on a local publicly owned electric utility.

SEC. 30. Section 399.31 is added to the Public Utilities Code, to read:

399.31. A retail seller may procure renewable energy credits associated

with deliveries of electricity by an eligible renewable energy resource to a

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local publicly owned electric utility, for purposes of compliance with the

renewables portfolio standard requirements, if both of the following

conditions are met:

(a)  The local publicly owned electric utility has adopted and implemented

a renewable energy resources procurement plan that complies with the

renewables portfolio standard adopted pursuant to Section 399.30.

(b)  The local publicly owned electric utility is procuring sufficient eligible

renewable energy resources to satisfy the target standard, and will not fail

to satisfy the target standard in the event that the renewable energy credit

is sold to the retail seller.

SEC. 31. Section 454.5 of the Public Utilities Code is amended to read:

454.5. (a)  The commission shall specify the allocation of electricity,

including quantity, characteristics, and duration of electricity delivery, that

the Department of Water Resources shall provide under its power purchase

agreements to the customers of each electrical corporation, which shall be

reflected in the electrical corporation’s proposed procurement plan. Each

electrical corporation shall file a proposed procurement plan with the

commission not later than 60 days after the commission specifies the

allocation of electricity. The proposed procurement plan shall specify the

date that the electrical corporation intends to resume procurement of

electricity for its retail customers, consistent with its obligation to serve.

After the commission’s adoption of a procurement plan, the commission

shall allow not less than 60 days before the electrical corporation resumes

procurement pursuant to this section.

(b)  An electrical corporation’s proposed procurement plan shall include,

but not be limited to, all of the following:

(1)  An assessment of the price risk associated with the electrical

corporation’s portfolio, including any utility-retained generation, existing

power purchase and exchange contracts, and proposed contracts or purchases

under which an electrical corporation will procure electricity, electricity

demand reductions, and electricity-related products and the remaining open

position to be served by spot market transactions.

(2)  A definition of each electricity product, electricity-related product,

and procurement related financial product, including support and justification

for the product type and amount to be procured under the plan.

(3)  The duration of the plan.

(4)  The duration, timing, and range of quantities of each product to be

procured.

(5)  A competitive procurement process under which the electrical

corporation may request bids for procurement-related services, including

the format and criteria of that procurement process.

(6)  An incentive mechanism, if any incentive mechanism is proposed,

including the type of transactions to be covered by that mechanism, their

respective procurement benchmarks, and other parameters needed to

determine the sharing of risks and benefits.

(7)  The upfront standards and criteria by which the acceptability and

eligibility for rate recovery of a proposed procurement transaction will be

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known by the electrical corporation prior to execution of the transaction.

This shall include an expedited approval process for the commission’s

review of proposed contracts and subsequent approval or rejection thereof.

The electrical corporation shall propose alternative procurement choices in

the event a contract is rejected.

(8)  Procedures for updating the procurement plan.

(9)  A showing that the procurement plan will achieve the following:

(A)  The electrical corporation, in order to fulfill its unmet resource needs,

shall procure resources from eligible renewable energy resources in an

amount sufficient to meet its procurement requirements pursuant to the

California Renewables Portfolio Standard Program (Article 16 (commencing

with Section 399.11) of Chapter 2.3).

(B)  The electrical corporation shall create or maintain a diversified

procurement portfolio consisting of both short-term and long-term electricity

and electricity-related and demand reduction products.

(C)  The electrical corporation shall first meet its unmet resource needs

through all available energy efficiency and demand reduction resources that

are cost effective, reliable, and feasible.

(10)  The electrical corporation’s risk management policy, strategy, and

practices, including specific measures of price stability.

(11)  A plan to achieve appropriate increases in diversity of ownership

and diversity of fuel supply of nonutility electrical generation.

(12)  A mechanism for recovery of reasonable administrative costs related

to procurement in the generation component of rates.

(c)  The commission shall review and accept, modify, or reject each

electrical corporation’s procurement plan. The commission’s review shall

consider each electrical corporation’s individual procurement situation, and

shall give strong consideration to that situation in determining which one

or more of the features set forth in this subdivision shall apply to that

electrical corporation. A procurement plan approved by the commission

shall contain one or more of the following features, provided that the

commission may not approve a feature or mechanism for an electrical

corporation if it finds that the feature or mechanism would impair the

restoration of an electrical corporation’s creditworthiness or would lead to

a deterioration of an electrical corporation’s creditworthiness:

(1)  A competitive procurement process under which the electrical

corporation may request bids for procurement-related services. The

commission shall specify the format of that procurement process, as well

as criteria to ensure that the auction process is open and adequately

subscribed. Any purchases made in compliance with the

commission-authorized process shall be recovered in the generation

component of rates.

(2)  An incentive mechanism that establishes a procurement benchmark

or benchmarks and authorizes the electrical corporation to procure from the

market, subject to comparing the electrical corporation’s performance to

the commission-authorized benchmark or benchmarks. The incentive

mechanism shall be clear, achievable, and contain quantifiable objectives

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— 39 — Ch. 1
and standards. The incentive mechanism shall contain balanced risk and

reward incentives that limit the risk and reward of an electrical corporation.

(3)  Upfront achievable standards and criteria by which the acceptability

and eligibility for rate recovery of a proposed procurement transaction will

be known by the electrical corporation prior to the execution of the bilateral

contract for the transaction. The commission shall provide for expedited

review and either approve or reject the individual contracts submitted by

the electrical corporation to ensure compliance with its procurement plan.

To the extent the commission rejects a proposed contract pursuant to this

criteria, the commission shall designate alternative procurement choices

obtained in the procurement plan that will be recoverable for ratemaking

purposes.

(d)  A procurement plan approved by the commission shall accomplish

each of the following objectives:

(1)  Enable the electrical corporation to fulfill its obligation to serve its

customers at just and reasonable rates.

(2)  Eliminate the need for after-the-fact reasonableness reviews of an

electrical corporation’s actions in compliance with an approved procurement

plan, including resulting electricity procurement contracts, practices, and

related expenses. However, the commission may establish a regulatory

process to verify and ensure that each contract was administered in

accordance with the terms of the contract, and contract disputes that may

arise are reasonably resolved.

(3)  Ensure timely recovery of prospective procurement costs incurred

pursuant to an approved procurement plan. The commission shall establish

rates based on forecasts of procurement costs adopted by the commission,

actual procurement costs incurred, or combination thereof, as determined

by the commission. The commission shall establish power procurement

balancing accounts to track the differences between recorded revenues and

costs incurred pursuant to an approved procurement plan. The commission

shall review the power procurement balancing accounts, not less than

semiannually, and shall adjust rates or order refunds, as necessary, to

promptly amortize a balancing account, according to a schedule determined

by the commission. Until January 1, 2006, the commission shall ensure that

any overcollection or undercollection in the power procurement balancing

account does not exceed 5 percent of the electrical corporation’s actual

recorded generation revenues for the prior calendar year excluding revenues

collected for the Department of Water Resources. The commission shall

determine the schedule for amortizing the overcollection or undercollection

in the balancing account to ensure that the 5 percent threshold is not

exceeded. After January 1, 2006, this adjustment shall occur when deemed

appropriate by the commission consistent with the objectives of this section.

(4)  Moderate the price risk associated with serving its retail customers,

including the price risk embedded in its long-term supply contracts, by

authorizing an electrical corporation to enter into financial and other

electricity-related product contracts.

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(5)  Provide for just and reasonable rates, with an appropriate balancing

of price stability and price level in the electrical corporation’s procurement

plan.

(e)  The commission shall provide for the periodic review and prospective

modification of an electrical corporation’s procurement plan.

(f)  The commission may engage an independent consultant or advisory

service to evaluate risk management and strategy. The reasonable costs of

any consultant or advisory service is a reimbursable expense and eligible

for funding pursuant to Section 631.

(g)  The commission shall adopt appropriate procedures to ensure the

confidentiality of any market sensitive information submitted in an electrical

corporation’s proposed procurement plan or resulting from or related to its

approved procurement plan, including, but not limited to, proposed or

executed power purchase agreements, data request responses, or consultant

reports, or any combination, provided that the Office of Ratepayer Advocates

and other consumer groups that are nonmarket participants shall be provided

access to this information under confidentiality procedures authorized by

the commission.

(h)  Nothing in this section alters, modifies, or amends the commission’s

oversight of affiliate transactions under its rules and decisions or the

commission’s existing authority to investigate and penalize an electrical

corporation’s alleged fraudulent activities, or to disallow costs incurred as

a result of gross incompetence, fraud, abuse, or similar grounds. Nothing

in this section expands, modifies, or limits the State Energy Resources

Conservation and Development Commission’s existing authority and

responsibilities as set forth in Sections 25216, 25216.5, and 25323 of the

Public Resources Code.

(i)  An electrical corporation that serves less than 500,000 electric retail

customers within the state may file with the commission a request for

exemption from this section, which the commission shall grant upon a

showing of good cause.

(j)  (1)  Prior to its approval pursuant to Section 851 of any divestiture of

generation assets owned by an electrical corporation on or after the date of

enactment of the act adding this section, the commission shall determine

the impact of the proposed divestiture on the electrical corporation’s

procurement rates and shall approve a divestiture only to the extent it finds,

taking into account the effect of the divestiture on procurement rates, that

the divestiture is in the public interest and will result in net ratepayer benefits.

(2)  Any electrical corporation’s procurement necessitated as a result of

the divestiture of generation assets on or after the effective date of the act

adding this subdivision shall be subject to the mechanisms and procedures

set forth in this section only if its actual cost is less than the recent historical

cost of the divested generation assets.

(3)  Notwithstanding paragraph (2), the commission may deem proposed

procurement eligible to use the procedures in this section upon its approval

of asset divestiture pursuant to Section 851.

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SEC. 32. Article 11 (commencing with Section 910) is added to Chapter

4 of Part 1 of Division 1 of the Public Utilities Code, to read:

Article 11. Reports

910. (a)  By February 1 of each year, the commission shall prepare and

submit to the policy and fiscal committees of the Legislature a written report

summarizing the following information:

(1)  All electrical corporation revenue requirement increases associated

with meeting the renewables portfolio standard, as defined in Section 399.12,

including direct procurement costs for eligible renewable energy resources

and renewable energy credits, administrative expenses for procurement,

expenses incurred to ensure a reliable supply of electricity, and expenses

for upgrades to the electrical transmission and distribution grid necessary

to the delivery of electricity from eligible renewable energy resources to

load.

(2)  All cost savings experienced, or costs avoided, by electrical

corporations as a result of meeting the renewables portfolio standard.

(3)  All costs incurred by electrical corporations for incentives for

distributed and renewable generation, including the self-generation incentive

program, the California Solar Initiative, and net energy metering.

(4)  All cost savings experienced, or costs avoided, by electrical

corporations as a result of incentives for distributed and renewable

generation.

(5)  All renewable, fossil fuel, and nuclear procurement costs, research,

study, or pilot program costs, or other program costs for which an electrical

corporation is seeking recovery in rates, that is pending determination or

approval by the commission.

(6)  The decision number for each decision of the commission of recovery

in rates of costs incurred by an electrical corporation since the preceding

report.

(7)  Any change in the electrical load serviced by an electrical corporation

since the preceding report.

(8)  The efforts each electrical corporation is taking to recruit and train

employees to ensure an adequately trained and available workforce, including

the number of new employees hired by the electrical corporation for purposes

of implementing the requirements of Article 16 (commencing with Section

399.11) of Chapter 2.3, the goals adopted by the electrical corporation for

increasing women, minority, and disabled veterans trained or hired for

purposes of implementing the requirements of Article 16 (commencing with

Section 399.11) of Chapter 2.3, and, to the extent information is available,

the number of new employees hired and the number of women, minority,

and disabled veterans trained or hired by persons or corporations owning

or operating eligible renewable energy resources under contract with an

electrical corporation. This paragraph does not provide the commission with

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Ch. 1 — 42 —
authority to engage in, regulate, or expand its authority to include, workforce

recruitment or training.

(b)  The commission may combine the information required by this section

with the reports prepared pursuant to Article 16 (commencing with Section

399.11) of Chapter 2.3.

SEC. 33. Section 1005.1 is added to the Public Utilities Code, to read:

1005.1. (a)  The commission shall issue a decision on an application for

a certificate within 18 months of the date of filing of the completed

application, when all of the following are true:

(1)  The application is for a certificate for building or upgrading an

electrical transmission line that the commission finds necessary to provide

transmission to load centers for electricity generated in a high priority

renewable energy zone or is reasonably necessary to facilitate achievement

of the renewables portfolio standard established in Article 16 (commencing

with Section 399.11) of Chapter 2.3.

(2)  The commission has considered all of the following:

(A)  The utilization of rights-of-way by upgrading existing transmission

facilities instead of building new transmission facilities, where technically

and economically justifiable.

(B)  The expansion of existing rights-of-way, if technically and

economically feasible, when construction of new transmission lines is

required.

(C)  The creation of new rights-of-way when justified by environmental,

technical, and economic reasons.

(D)  The availability of cost-effective alternatives to transmission, such

as energy efficiency measures and distributed generation.

(3)  The commission has not expressly found any of the following:

(A)  That the investment is not reasonable and necessary to maintain or

enhance reliability of the transmission grid.

(B)  That the building or upgrading of the electrical transmission line will

not maintain or enhance efficient use of the transmission grid.

(C)  That the transmission line fails to meet other applicable standards

and requirements for approval and construction.

(b)  An extension of time may be granted by the commission if it finds

the extension is necessary for completion of review pursuant to the California

Environmental Quality Act (Division 13 (commencing with Section 21000)

of the Public Resources Code).

SEC. 34. No reimbursement is required by this act pursuant to Section

6 of Article XIIIB 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.

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SEC. 35. The sum of three hundred twenty-two thousand dollars

($322,000) is hereby appropriated from the Public Utilities Commission

Utilities Reimbursement Account to the Public Utilities Commission for

additional staffing to identify, review, and approve transmission lines

reasonably necessary or appropriate to facilitate achievement of the

renewables portfolio standard established in Article 16 (commencing with

Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities

Code.

O

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Ch. 1 — 44 —