reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 8.9 - Strategic Reliability Reserve › ARTICLE 2 - Distributed Electricity Backup Assets Program › Section 25791.5.

25791.5. The commission shall transfer moneys from the Distributed Electricity Backup Assets Account to the state board to be used in the Climate Heat Impact Response Program established pursuant to the proclamation of a state of emergency issued by Governor Gavin Newsom on July 31, 2021.
(Added by Stats. 2022, Ch. 61, Sec. 6. (AB 205) Effective June 30, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 8.9 - Strategic Reliability Reserve › ARTICLE 3 - Demand Side Grid Support Program › Section 25792.

25792. (a) The Demand Side Grid Support Program is hereby created. The commission shall implement and administer the program to incentivize dispatchable customer load reduction and backup generation operation as on-call emergency supply and load reduction for the state’s electrical grid during extreme events.
(b) The commission shall allocate moneys to develop a new statewide program that provides incentives to reduce customer net load during extreme events with upfront capacity commitments and for per-unit reductions in net load. Eligible recipients may include all energy customers in the state, except those enrolled in demand response or emergency load reduction programs offered by entities under the jurisdiction of the Public Utilities Commission. The commission, in consultation with the Public Utilities Commission, may adopt additional participation requirements or limitations. Payments shall be made to any of the following:
(1) Participating individual entities.
(2) Participating aggregators of multiple energy customers.
(3) Participating local publicly owned electric utilities and load-serving entities.
(c) Participants shall provide load reduction or backup generation service, or both, in response to a dispatch by an applicable California balancing authority of a California balancing authority area in which participants are located during extreme events.
(d) The commission, in consultation with California balancing authorities and the state board, shall adopt guidelines to determine when to implement the program, including which resources are dispatched first to minimize local pollution and emissions of greenhouse gases. The dispatch order of resources in the program shall follow a loading order that prioritizes, to the maximum extent feasible to ensure electricity reliability, cost-effective demand response and efficiency resources, then feasible, cost-effective renewable and zero-emission resources, and then feasible, cost-effective conventional resources. The guidelines shall also consider the anticipated useful life of the resources in relation to the state’s climate and air quality requirements.
(e) The state board, in consultation with the commission, shall develop a plan, including determining the funding amounts allocated after the dispatch of resources participating in the program, to mitigate impacts from these resources.
(Amended by Stats. 2023, Ch. 53, Sec. 6. (SB 124) Effective July 10, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 8.9 - Strategic Reliability Reserve › ARTICLE 5 - Certification of Facilities › Section 25794.

25794. For purposes of this article, the following definitions apply:
(a) “Department” means the Department of Water Resources or a person designated by the Department of Water Resources for purposes of this article.
(b) “Facility” means a facility described in Section 80710 of the Water Code.
(c) “Site” means a location on which a facility is constructed or is proposed to be constructed.
(Added by Stats. 2022, Ch. 61, Sec. 6. (AB 205) Effective June 30, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 8.9 - Strategic Reliability Reserve › ARTICLE 5 - Certification of Facilities › Section 25794.1.

25794.1. (a) Notwithstanding any other law, from October 31, 2022, to October 31, 2026, inclusive, the department shall submit an application for certification to the commission in accordance with this article for a site on which a facility is located.
(b) The issuance of a certificate by the commission for a site and related facility pursuant to this article shall be in lieu of any permit, certificate, or similar document required by any state, local or regional agency, or federal agency to the extent permitted by federal law, for the use of the site and related facility, and shall supersede any applicable statutes, including the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of this code) and Title 7.2 (commencing with Section 66600) of the Government Code, ordinances, regulations, or standards of a state, local, or regional agency, or a federal agency, to the extent permitted by federal law, and shall not be subject to the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000)) and regulations adopted pursuant to that division.
(c)  The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.
(Amended by Stats. 2023, Ch. 131, Sec. 180. (AB 1754) Effective January 1, 2024.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 8.9 - Strategic Reliability Reserve › ARTICLE 5 - Certification of Facilities › Section 25794.2.

25794.2. (a) The commission shall establish a process to expedite review of an application submitted pursuant to this article. The process shall include guidance to the department on determining optimal locations for facilities based on the potential to improve reliability, reduce the occurrence of public safety power shutoffs, decrease the use of high-emission backup power, minimize air pollution, and avoid impacts on disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code.
(b) An application submitted pursuant to this article shall be in the form prescribed by the commission and shall contain all of the information required by Section 25520 and be further supported by other information as the commission may require to enable review of the site and related facilities, and issuance of a certification, including, at a minimum, all of the following:
(1) A description of the facility, including a showing that it is capable of delivering energy during net peak hours in response to a dispatch by the Independent System Operator during extreme events, and has access to the infrastructure and resources needed to operate.
(2) A description of the site, including surveys to demonstrate the baseline conditions of the site and the site’s zoning designation and the allowable uses within the zoning designation.
(3) A list of all properties and property owners within 1,000 feet of the site.
(4) A description of the potential impacts of the project on the environment and on public health and safety, including on the surrounding community, and project design measures proposed to mitigate those potential impacts. The description shall include the applicable local air district’s attainment status under the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.).
(5) A description of all local, state, regional, and federal laws, ordinances, regulations, and standards that would otherwise apply to the facility in the absence of the commission’s exclusive jurisdiction pursuant to subdivision (b) of Section 25794.1, and an analysis of the project’s compliance with those local, state, regional, and federal laws, ordinances, regulations, and standards.
(c) An application submitted pursuant to this section shall be reviewed by commission staff. The executive director shall prepare a recommendation for the commission’s consideration on whether to issue a certificate for a site and facility pursuant to this article.
(Amended by Stats. 2022, Ch. 251, Sec. 16. (AB 209) Effective September 6, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 8.9 - Strategic Reliability Reserve › ARTICLE 5 - Certification of Facilities › Section 25794.3.

25794.3. Upon receipt of an application pursuant to this article, commission staff shall establish a docket for the proceeding and publish a notice of receipt and shall mail the notice to all property owners within 1,000 feet of the proposed site. The commission shall establish a notification system for interested parties to receive notice of applications filed pursuant to this article. The notice shall also be sent to all local, state, and regional agencies that would have had jurisdiction over the site in the absence of the commission’s exclusive jurisdiction under subdivision (b) of Section 25794.1, federal agencies with jurisdiction over the project, and any California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed site.
(Amended by Stats. 2022, Ch. 251, Sec. 17. (AB 209) Effective September 6, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 8.9 - Strategic Reliability Reserve › ARTICLE 5 - Certification of Facilities › Section 25794.4.

25794.4. (a) Within 20 days of the submission of the application pursuant to this article, the executive director shall review the application for completeness. The executive director may require the department to submit additional information, documents, or data reasonably necessary to make a decision on the application. The executive director shall transmit the request for additional information within 20 days of the submission of the application.
(b) An application is deemed complete as follows:
(1) Twenty days after the submission of the application, if the executive director does not require the submission of additional information, documents, or data pursuant to subdivision (a).
(2) Immediately upon acceptance of the additional information, documents, or data requested by the executive director pursuant to subdivision (a).
(c) No later than 180 days after the application is deemed complete, or at any later time as is mutually agreed to by the commission and the department, the commission shall determine whether to issue a certificate for the site and related facility pursuant to this article.
(Added by Stats. 2022, Ch. 61, Sec. 6. (AB 205) Effective June 30, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 8.9 - Strategic Reliability Reserve › ARTICLE 5 - Certification of Facilities › Section 25794.5.

25794.5. Upon an application being deemed complete, the commission shall do all of the following:
(a) (1) Comply with subdivisions (d) to (g), inclusive, of, and subdivision (k) of, Section 25519.
(2) Notwithstanding subdivision (f) of Section 25519, local agencies may review an application submitted by the commission under paragraph (1) and may submit comments on, among other things, the design of the facility, architectural and aesthetic features of the facility, access to highways, landscaping and grading, public use of lands in the area of the facility, proximity to sensitive receptors and other incompatible land uses, and other appropriate aspects of the design, construction, or operation of the proposed site and related facility.
(b) Provide the application to all California Native American tribes that are culturally and traditionally associated with the geographic area of the site and initiate consultation with those tribes in a manner consistent with Sections 21080.3.1 and 21080.3.2.
(c) (1) If the commission does not receive a California Native American tribe’s request for consultation pursuant to subdivision (b), the commission, within 60 days after the application has been deemed complete, shall complete a preliminary analysis for the facility’s potential impacts to environment and public health and safety and the facility’s compliance with applicable laws, ordinances, regulations, and standards that would have applied in absence of the commission’s exclusive jurisdiction under subdivision (b) of Section 25794.1.
(2) If the commission receives a California Native American tribe’s request for consultation pursuant to subdivision (b), the commission shall complete a preliminary analysis within 30 days after the commission concludes the consultation process with the California Native American tribe pursuant to subdivision (b).
(d) Consult with local jurisdictions and state agencies in conducting the analysis to resolve any potential noncompliance with applicable laws, ordinances, regulations, and standards.
(e) Propose conditions and verification and monitoring requirements for certification to mitigate any potential impacts to the maximum extent feasible.
(f) Require the department to fully mitigate all air emissions in the surrounding community. The department may use the Climate Heat Impact Response Program (CHIRP) administered by the state board for compliance with this subdivision.
(g) Publish the preliminary analysis for a minimum of 30 days before a 30-day public and agency comment period.
(h) Prepare a final analysis responding to public and agency comments and making any changes at least 10 days before the commission considers whether to approve certification of the site and related facility.
(Amended by Stats. 2022, Ch. 251, Sec. 18. (AB 209) Effective September 6, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 8.9 - Strategic Reliability Reserve › ARTICLE 5 - Certification of Facilities › Section 25794.6.

25794.6. The commission shall not certify a site and related facility if any of the following applies:
(a) The site is a site described in Section 25527.
(b) The site has not been previously disturbed, including, but not limited to, site clearing, excavating, grading, or other manipulation of the terrain.
(c) The site does not have access to the infrastructure and resources with the necessary existing capacity and in the proximity needed to operate the facility, including, but not limited to, a natural gas line and a water line, as applicable.
(d) After July 31, 2023, the facility will use diesel fuel.
(Amended by Stats. 2022, Ch. 251, Sec. 19. (AB 209) Effective September 6, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 8.9 - Strategic Reliability Reserve › ARTICLE 5 - Certification of Facilities › Section 25794.7.

25794.7. The commission shall maintain on its internet website a list of all certifications granted pursuant to this article for as long as the certifications are in effect.
(Added by Stats. 2022, Ch. 61, Sec. 6. (AB 205) Effective June 30, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 8.9 - Strategic Reliability Reserve › ARTICLE 5 - Certification of Facilities › Section 25794.8.

25794.8. (a) A certificate issued pursuant to this article shall be valid for a period not to exceed five years from the date of issuance.
(b) If a facility operates longer than the period specified in subdivision (a), all necessary permits, certificates, or similar documents required by state, local, and federal governments shall first be obtained.
(Added by Stats. 2022, Ch. 61, Sec. 6. (AB 205) Effective June 30, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 8.9 - Strategic Reliability Reserve › ARTICLE 5 - Certification of Facilities › Section 25794.9.

25794.9. Sections 25532 to 25537, inclusive, apply to a certificate issued pursuant to this article.
(Added by Stats. 2022, Ch. 61, Sec. 6. (AB 205) Effective June 30, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 8.9 - Strategic Reliability Reserve › ARTICLE 5 - Certification of Facilities › Section 25794.10.

25794.10. (a) The executive director shall charge and collect a reasonable fee from the department upon the submittal of an application pursuant to this article to cover the estimated actual cost of reviewing an application. The department shall submit a deposit along with the application that does not exceed 3 percent of the estimated capital cost of the proposed facility.
(b) The commission staff shall separately account for the deposit collected and the charges incurred in the review of the application. The status of the account shall be provided to the department at regular intervals established by mutual agreement. The executive director shall request additional deposits if the initial deposit has been exhausted.
(c) A final accounting shall be rendered by the commission staff after the commission has reached a final decision on the application. If, in the final accounting, the deposits exceed the actual costs incurred by the commission, the excess shall be refunded. If the actual costs exceed the amount of the deposits, the department shall be billed for the difference.
(d) The executive director may adjust or waive deposits for minor projects. For facilities with an estimated capital cost that exceeds one million dollars ($1,000,000), the executive director shall permit payment of the deposit in increments, as determined by the executive director.
(Added by Stats. 2022, Ch. 61, Sec. 6. (AB 205) Effective June 30, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 8.9 - Strategic Reliability Reserve › ARTICLE 6 - Miscellaneous › Section 25795.

25795. (a) Beginning on January 31, 2023, and on May 1, August 1, and December 1 annually thereafter, the commission shall issue a written report to the Joint Legislative Budget Committee detailing the actions undertaken by the commission in the period since the previous report pursuant to this chapter through that date, including, but not limited to, all of the following:
(1) Amount of funds expended.
(2) Purpose of funds expended.
(3) Status of actions funded.
(4) For new and expanded resources, the amount by megawatt, resource type, operational date, and expected lifetime of that capacity.
(5) The frequency at which resources funded by the Department of Water Resources or the commission have been used and the extent to which they complied with the requirements of this chapter.
(6) In consultation with the state board, an estimate or the best available information on the emissions of greenhouse gases, criteria air pollutants, and toxic air contaminants emitted by the resources funded by the Department of Water Resources or the commission over the period since the previous report.
(7) Summary of contracts, grants, and loans issued pursuant to this chapter.
(b) Each report submitted pursuant to this section shall be submitted to the Joint Legislative Budget Committee at the same time and in the same manner as reports submitted pursuant to Section 80730 of the Water Code.
(Amended by Stats. 2023, Ch. 367, Sec. 3. (AB 1373) Effective October 7, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 8.9 - Strategic Reliability Reserve › ARTICLE 6 - Miscellaneous › Section 25795.5.

25795.5. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(Added by Stats. 2022, Ch. 61, Sec. 6. (AB 205) Effective June 30, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 9 - State Energy Resources Conservation and Development Accounts › Section 25801.

25801. There is in the General Fund in the State Treasury the Energy Resources Programs Account.
(Amended by Stats. 1982, Ch. 1067, Sec. 2. Operative July 1, 1983, by Sec. 10 of Ch. 1067.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 9 - State Energy Resources Conservation and Development Accounts › Section 25802.

25802. Each person who submits to the commission a notice of intent for any proposed generating facility shall accompany the notice with a fee of one cent ($0.01) per kilowatt of net electric capacity of the proposed generation facility. Such fee shall only be paid on one of the alternate proposed facility sites which has the highest electrical designed capacity. In no event shall such fee be less than one thousand dollars ($1,000) nor more than twenty-five thousand dollars ($25,000).
For any other facility, the notice shall be accompanied by a fee of five thousand dollars ($5,000). Such fee shall only be paid on one of the alternate proposed facility sites.
(Added by Stats. 1974, Ch. 276.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 9 - State Energy Resources Conservation and Development Accounts › Section 25803.

25803. All funds received by the commission pursuant to Section 25802, shall be remitted to the State Treasurer for deposit in the account. All funds in the account shall be expended for purposes of carrying out the provisions of this division, when appropriated by the Legislature in the Budget Act.
(Amended by Stats. 1974, Ch. 991.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 9 - State Energy Resources Conservation and Development Accounts › Section 25804.

25804. All references in this division or any other provision of law to the State Energy Resources Conservation and Development Special Account shall be deemed references to the Energy Resources Programs Account.
(Repealed and added by Stats. 1982, Ch. 1067, Sec. 4. Operative July 1, 1983, by Sec. 10 of Ch. 1067.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 9 - State Energy Resources Conservation and Development Accounts › Section 25805.

25805. On July 1, 1983, all funds in the State Energy Resources Conservation and Development Reserve Account shall be transferred to the Energy Resources Programs Account.
(Added by Stats. 1982, Ch. 1067, Sec. 5. Operative July 1, 1983, by Sec. 10 of Ch. 1067.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 9 - State Energy Resources Conservation and Development Accounts › Section 25806.

25806. (a) A person who submits to the commission an application for certification under Chapter 6 (commencing with Section 25500) or Chapter 6.2 (commencing with Section 25545) shall submit with the application a fee of two hundred fifty thousand dollars ($250,000) plus five hundred dollars ($500) per megawatt of gross generating capacity or per megawatthour of gross energy storage capacity, as applicable, or seventy cents ($0.70) per square foot for a facility described in paragraph (3) of subdivision (b) of Section 25545, of the proposed facility. The total fee accompanying an application shall not exceed seven hundred fifty thousand dollars ($750,000).
(b) A person who receives certification of a site and related facility pursuant to Chapter 6 (commencing with Section 25500) or Chapter 6.2 (commencing with Section 25545) shall pay an annual fee of twenty-five thousand dollars ($25,000). For a facility certified on or after January 1, 2004, the first payment of the annual fee is due on the date the commission adopts the final decision. All subsequent payments are due by July 1 of each year in which the facility retains its certification. The fiscal year for the annual fee is July 1 to June 30, inclusive.
(c) The fees in subdivisions (a), (b), and (e) shall be adjusted annually to reflect the percentage change in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services, as published by the United States Department of Commerce.
(d) The Energy Facility License and Compliance Fund is hereby created in the State Treasury. All fees received by the commission pursuant to this section shall be remitted to the Treasurer for deposit in the fund. The money in the fund shall be expended, upon appropriation by the Legislature, for processing applications for certification and for compliance monitoring.
(e) A person who submits to the commission a petition to amend an existing project that previously received certification shall submit with the petition a fee of five thousand dollars ($5,000). The commission shall conduct a full accounting of the actual cost of processing the petition to amend, for which the project owner shall reimburse the commission if the costs exceed five thousand dollars ($5,000). The total reimbursement and fees owed by a project owner for each petition to amend shall not exceed the amount of the maximum total filing fee for an application for certification as specified in subdivision (a) of seven hundred fifty thousand dollars ($750,000), adjusted annually pursuant to subdivision (c). Any reimbursement and fees received by the commission pursuant to this subdivision shall be deposited in the Energy Facility License and Compliance Fund. This subdivision does not apply to a change in ownership or operational control of a project.
(Amended by Stats. 2022, Ch. 61, Sec. 7. (AB 205) Effective June 30, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 10 - Enforcement and Judicial Review › Section 25900.

25900. Except as provided in Sections 25402.11 and 25531, if the commission finds that any provision of this division is violated, or a violation is threatening to take place that constitutes an emergency requiring immediate action to protect the public health, welfare, or safety, the Attorney General, upon request of the commission, shall petition a court to enjoin the violation. The court may grant prohibitory or mandatory injunctive relief as warranted by way of temporary restraining order, preliminary injunction, and permanent injunction.
(Amended by Stats. 2011, Ch. 591, Sec. 4. (SB 454) Effective January 1, 2012.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 10 - Enforcement and Judicial Review › Section 25901.

25901. (a) Within 30 days after the commission issues its determination on any matter specified in this division, except as provided in Section 25531, any aggrieved person may file with the superior court a petition for a writ of mandate for review thereof. Failure to file such an action does not preclude a person from challenging the reasonableness and validity of a decision in any judicial proceedings brought to enforce the decision or to obtain other civil remedies.
(b)  The decision of the commission shall be sustained by the court unless the court finds (1) that the commission proceeded without, or in excess of its jurisdiction, (2) that, based exclusively upon a review of the record before the commission, the decision is not supported by substantial evidence in light of the whole record, or (3) that the commission failed to proceed in the manner required by law.
(c) Except as otherwise provided in this section, subdivisions (f) and (g) of Section 1094.5 of the Code of Civil Procedure govern proceedings pursuant to this section.
(d) The amendment of this section made at the 1989–90 Regular Session of the Legislature does not constitute a change in, but is declaratory of, existing law.
(Amended by Stats. 1989, Ch. 101, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 10 - Enforcement and Judicial Review › Section 25902.

25902. Any evaluations in the reports required by Section 25309 and any findings and determinations on the notice of intent pursuant to Chapter 6 (commencing with Section 25500) shall not be construed as a final evaluation, finding, or determination by the commission and a court action may not be brought to review any such evaluation, finding, or determination.
(Amended by Stats. 1994, Ch. 1145, Sec. 29. Effective January 1, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 10 - Enforcement and Judicial Review › Section 25903.

25903. If any provision of subdivision (a) of Section 25531, with respect to judicial review of the decision on certification of a site and related facility, is held invalid, judicial review of such decisions shall be conducted in the superior court subject to the conditions of subdivision (b) of Section 25531. The superior court shall grant priority in setting such matters for review, and the appeals from any such review shall be given preference in hearings in the Supreme Court and courts of appeal.
(Added by Stats. 1974, Ch. 276.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 10.5 - Insulation Material Standards › Section 25910.

25910. The commission shall, by regulation adopted no later than July 1, 1978, establish minimum standards for the amount of additional insulation (expressed in terms of R-value) installed in existing buildings. One year after the adoption of those standards, no insulation shall be installed in any existing building by a contractor unless the contractor certifies to the customer in writing that the amount of insulation (expressed in terms of R-value) meets or exceeds the minimum amount established by the standards. The minimum standards may vary for different types of buildings or building occupancies and different climate zones in the state. The minimum standards shall be economically feasible in that the resultant savings in energy procurement costs shall be greater than the cost of the insulation to the customer amortized over the useful life of the insulation.
(Repealed and added by Stats. 1984, Ch. 1456, Sec. 18.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 10.5 - Insulation Material Standards › Section 25911.

25911. The State Energy Resources Conservation and Development Commission may adopt regulations pertaining to urea formaldehyde foam insulation materials as are reasonably necessary to protect the public health and safety. These regulations may include, but are not limited to, prohibition of the manufacture, sale, or installation of urea formaldehyde foam insulation, requirements for safety notices to consumers, certification of installers, and specification of installation practices. Regulations adopted pursuant to this section shall be promulgated after public hearings in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Any regulation adopted by the commission to prohibit the sale and installation of urea formaldehyde foam insulation shall be based upon a record of scientific evidence which demonstrates the need for the prohibition in order to protect the public health and safety.
(Added by Stats. 1984, Ch. 1456, Sec. 18.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 10.5 - Insulation Material Standards › Section 25912.

25912. Prior to adopting any regulation which causes a prohibition on the sale and installation of urea formaldehyde foam insulation, the commission shall consult with, and solicit written comments from, all of the following:
(a) Federal and state agencies with appropriate scientific staffs, including, but not limited to, the State Department of Health Services, the National Academy of Sciences, the United States Department of Housing and Urban Development, the United States Department of Energy, and the United States Consumer Product Safety Commission.
(b) Universities and public and private scientific organizations.
(Added by Stats. 1984, Ch. 1456, Sec. 18. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 10.8 - Home Energy and Labeling Program › Section 25942.

25942. (a) On or before July 1, 1995, the commission shall establish criteria for adopting a statewide home energy rating program for residential dwellings. The program criteria shall include, but are not limited to, all of the following elements:
(1) Consistent, accurate, and uniform ratings based on a single statewide rating scale.
(2) Reasonable estimates of potential utility bill savings, and reliable recommendations on cost-effective measures to improve energy efficiency.
(3) Training and certification procedures for home raters and quality assurance procedures to promote accurate ratings and to protect consumers.
(4) In coordination with home energy rating service organization data bases, procedures to establish a centralized, publicly accessible, data base that includes a uniform reporting system for information on residential dwellings, excluding proprietary information, needed to facilitate the program. There shall be no public access to information in the data base concerning specific dwellings without the owner’s or occupant’s permission.
(5) Labeling procedures that will meet the needs of home buyers, homeowners, renters, the real estate industry, and mortgage lenders with an interest in home energy ratings.
(b) The commission shall adopt the program pursuant to subdivision (a) in consultation with representatives of the Department of Real Estate, the Department of Housing and Community Development, the Public Utilities Commission, investor-owned and municipal utilities, cities and counties, real estate licensees, home builders, mortgage lenders, home appraisers and inspectors, home energy rating organizations, contractors who provide home energy services, consumer groups, and environmental groups.
(c) On and after January 1, 1996, no home energy rating services may be performed in this state unless the services have been certified, if such a certification program is available, by the commission to be in compliance with the program criteria specified in subdivision (a) and, in addition, are in conformity with any other applicable element of the program.
(d) On or before July 1, 1996, the commission shall consult with the agencies and organizations described in subdivision (b), to facilitate a public information program to inform homeowners, rental property owners, renters, sellers, and others of the existence of the statewide home energy rating program adopted by the commission.
(e) Beginning with the 1998 biennial energy conservation report required by Section 25401.1, the commission shall, as part of that biennial report, report on the progress made to implement a statewide home energy rating program. The report shall include an evaluation of the energy savings attributable to the program, and a recommendation concerning which means and methods will be most efficient and cost-effective to induce home energy ratings for residential dwellings.
(Amended by Stats. 1994, Ch. 553, Sec. 19. Effective January 1, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 11 - Gas Appliances › ARTICLE 1 - Definitions › Section 25950.

25950. “Gas appliance” means any new residential-type furnace, air conditioner, heater, refrigerator, stove, range, dishwasher, dryer, decorative fireplace log, or other similar device, except a water heater, which uses a gaseous fuel for operation and is automatically ignited.
(Added by Stats. 1974, Ch. 1411.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 11 - Gas Appliances › ARTICLE 1 - Definitions › Section 25951.

25951. “Pilot light” means any gas operated device that remains continually operated or lighted in order to ignite a gas appliance to begin normal operation.
(Added by Stats. 1974, Ch. 1411.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 11 - Gas Appliances › ARTICLE 1 - Definitions › Section 25953.

25953. As used in this chapter, the following terms have the following meanings:
(a) “Person” means any individual, partnership, corporation, limited liability company, association, manufacturer, distributor, retailer, contractor or builder as defined in Section 7026 of the Business and Professions Code, or other groups, however organized, who sell or cause to be distributed or installed, any new gas appliance as defined in Section 25950.
(b) “Manufacturer” means any individual, partnership, corporation, association, or other legal relationship which manufactures, assembles, produces, or gathers consumer goods.
(c) “Distributor” means any individual, partnership, corporation, association or other legal relationship which stands between the manufacturer and the retail seller in purchases, consignments or contracts for sale of consumer goods.
(d) “Retail seller,” “retail outlets,” “seller,” or “retailer” means any individual, partnership, corporation, association, or other legal relationship which engages in the business of selling new goods to retail buyers.
(e) “Contractor” for the purpose of this chapter is synonymous with the term “builder” and, within the meaning of this chapter, a contractor is any person who undertakes to or offers to undertake to or purports to have the capacity to undertake to or submits a bid to, or does himself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, parking facility, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith. The term “contractor” includes subcontractor and specialty contractor.
(Amended by Stats. 1994, Ch. 1010, Sec. 215. Effective January 1, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 11 - Gas Appliances › ARTICLE 2 - General Provisions › Section 25960.

25960. No new residential-type gas appliance that is equipped with a pilot light shall be sold in the state after an alternate means has been certified by the commission. This prohibition shall become operative 24 months after an intermittent ignition device has been demonstrated and certified by the commission as an alternate means. The commission may determine, after demonstration, that there is no feasible alternative means to the use of pilot light or that the use of a pilot light is necessary for public health and safety.
(Amended by Stats. 1978, Ch. 248.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 11 - Gas Appliances › ARTICLE 2 - General Provisions › Section 25960.5.

25960.5. Notwithstanding the prohibition contained in Section 25960, any swimming pool heater with a pilot light which was manufactured prior to February 24, 1984, and in stock or on order as of that date, may be sold in this state prior to December 1, 1984. On or after December 1, 1984, no swimming pool heater may be sold or offered for sale, unless it is equipped with an intermittent ignition device or is designed to burn only liquefied petroleum gases.
(Added by Stats. 1984, Ch. 26, Sec. 1. Effective March 1, 1984.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 11 - Gas Appliances › ARTICLE 2 - General Provisions › Section 25961.

25961. The commission shall, on or before January 1, 1976, develop in cooperation with affected industry and consumer representatives, who will be designated as such representatives by the commission, the specifications for certification of intermittent ignition devices which shall not significantly affect the price of gas appliances in competition with similar electrical appliances. The specification shall be developed so as to result in the conservation of primary energy resources, shall include provisions necessary for public health and safety, and shall give due consideration to the initial costs, including installation and maintenance costs imposed upon the consumer.
(Added by Stats. 1974, Ch. 1411.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 11 - Gas Appliances › ARTICLE 2 - General Provisions › Section 25962.

25962. Within 90 days after an intermittent ignition device has been certified by the commission, the commission shall notify all gas appliance manufacturers doing business in the state, as to the prohibition of affected pilot lights and shall inform the manufacturers of the devices available to comply with this article.
(Amended by Stats. 1975, Ch. 135.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 11 - Gas Appliances › ARTICLE 2 - General Provisions › Section 25963.

25963. The commission shall create a seal of certification and shall distribute the seal to every manufacturer that complies with this article. The seal shall be affixed to every new appliance sold in the state.
(Added by Stats. 1974, Ch. 1411.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 11 - Gas Appliances › ARTICLE 2 - General Provisions › Section 25964.

25964. After 24 months after an intermittent ignition device has been certified by the commission, no person shall sell or offer for sale in this state any new gas appliances, as defined in Section 25950, without obtaining the proper seal of certification from the commission, unless the commission otherwise permits such action. Beginning 24 months after an intermittent ignition device has been certified by the commission, no city or county, city and county, or state agency shall issue a permit for any building to be equipped with any new gas appliance, as defined in Section 25950, unless such building permit shows that the gas appliance complies with this chapter. However, any new gas appliance which does not comply with this chapter may be installed if the appliance was purchased pursuant to a contract executed prior to June 17, 1978, and if the building permit was approved prior to July 8, 1978.
(Amended by Stats. 1981, Ch. 714, Sec. 375.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 11 - Gas Appliances › ARTICLE 2 - General Provisions › Section 25965.

25965. After 24 months after an intermittent ignition device has been certified by the commission, the commission shall make periodic inspections of manufacturers and distributors of gas appliances and may inspect retail outlets, including gas appliances that have been or are to be installed by contractors or builders at building sites in order to determine their compliance with this article.
(Amended by Stats. 1975, Ch. 135.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 11 - Gas Appliances › ARTICLE 2 - General Provisions › Section 25966.

25966. Any person who violates or proposes to violate this chapter may be enjoined by any court of competent jurisdiction. The court may make such orders or judgments, including the appointment of a receiver, as may be necessary to prevent the use or employment by any person of any practices which violate this chapter, or which may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of any practice which violates any provision of this chapter.
Actions for injunction under this section may be prosecuted by the Attorney General or any district attorney, county counsel, city attorney, or city prosecutor in this state in the name of the people of the State of California upon their own complaint or upon the complaint of any board, officer, person, corporation or association or by any person acting for the interests of itself, its members or the general public.
(Added by Stats. 1974, Ch. 1411.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 11 - Gas Appliances › ARTICLE 2 - General Provisions › Section 25967.

25967. (a) Any person who violates any provision of this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney, county counsel, or city attorney in any court of competent jurisdiction.
(b) If the action is brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the State Treasurer. If brought by a district attorney or county counsel, the entire amount of penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If brought by a city attorney or city prosecutor, one-half of the penalty shall be paid to the treasurer of the county and one-half to the city.
(c) If the action is brought at the request of the commission, the court shall determine the reasonable expenses incurred by the commission in the investigation and prosecution of the action.
Before any penalty collected is paid out pursuant to subdivision (b), the amount of such reasonable expenses incurred by the commission shall be paid to the State Treasurer.
(Added by Stats. 1974, Ch. 1411.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 11 - Gas Appliances › ARTICLE 2 - General Provisions › Section 25968.

25968. Any inspector appointed or authorized by the commission shall have access to the premises, equipment, materials, partly finished and finished articles, and records of any person subject to the provisions of this chapter.
(Added by Stats. 1974, Ch. 1411.)
2023 California Code › Public Resources Code - PRC › DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT › CHAPTER 12 - Solar Shade Control › Section 25980.

25980. This chapter shall be known and may be cited as the Solar Shade Control Act. It is the policy of the state to promote all feasible means of energy conservation and all feasible uses of alternative energy supply sources. In particular, the state encourages the planting and maintenance of trees and shrubs to create shading, moderate outdoor temperatures, and provide various economic and aesthetic benefits. However, there are certain situations in which the need for widespread use of alternative energy devices, such as solar collectors, requires specific and limited controls on trees and shrubs.
(Added by Stats. 1978, Ch. 1366.)