CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235]
( Chapter 3 added by Stats. 1974, Ch. 276. )
There is in the Resources Agency the State Energy Resources Conservation and Development Commission, consisting of five members appointed by the Governor subject to Section 25204.
(Added by Stats. 1974, Ch. 276.)
One member of the commission shall have a background in the field of engineering or physical science and have knowledge of energy supply or conversion systems; one member shall be an attorney and a member of the State Bar of California with administrative law experience; one member shall have background and experience in the field of environmental protection or the study of ecosystems; one member shall be an economist with background and experience in the field of natural resource management; and one member shall be from the public at large.
(Added by Stats. 1974, Ch. 276.)
The Secretary of the Resources Agency and the President of the Public Utilities Commission shall be ex officio, nonvoting members of the commission, whose presence shall not be counted for a quorum or for vote requirements.
(Added by Stats. 1974, Ch. 276.)
Each member of the commission shall represent the state at large and not any particular area thereof, and shall serve on a full-time basis.
(Added by Stats. 1974, Ch. 276.)
The Governor shall appoint the members of the commission within 30 days after the effective date of this division. Every appointment made by the Governor to the commission shall be subject to the advice and consent of a majority of the members elected to the Senate.
(Added by Stats. 1974, Ch. 276.)
(a) No person shall be a member of the commission who, during the two years prior to appointment on the commission, received any substantial portion of his or her income directly or indirectly from any electric utility, or who engages in sale or manufacture of any major component of any facility. A member of the commission shall not be employed by any electric utility, applicant, or, within two years after he or she ceases to be a member of the commission, by any person who engages in the sale or manufacture of any major component of any facility.
(b) Except as provided in Section 25202, the members of the commission shall not hold any other elected or appointed public office or
position.
(c) The members of the commission and all employees of the commission shall comply with all applicable provisions of Section 19251 of the Government Code.
(d) A person who is a member or employee of the commission shall not participate personally and substantially as a member or employee of the commission, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in a judicial or other proceeding, hearing, application, request for a ruling, or other determination, contract, claim, controversy, study, plan, or other particular matter in which, to his or her knowledge, he or she, his or her spouse, minor child, or partner, or any organization, except a governmental agency or educational or research institution qualifying as a nonprofit organization under state or federal income tax law, in which he or she is serving, or
has served as officer, director, trustee, partner, or employee while serving as a member or employee of the commission or within two years prior to his or her appointment as a member of the commission, has a direct or indirect financial interest.
(e) A person who is a partner, employer, or employee of a member or employee of the commission shall not act as an attorney, agent, or employee for any person other than the state in connection with any judicial or other proceeding, hearing, application, request for a ruling, or other determination, contract, claim, controversy, study, plan, or other particular matter in which the commission is a party or has a direct and substantial interest.
(f) The provisions of this section shall not apply if the Attorney General finds that the interest of the member or employee of the commission is not so substantial as to be deemed likely to affect
the integrity of the services which the state may expect from the member or employee.
(g) Any person who violates any provision of this section is guilty of a felony and shall be subject to a fine of not more than ten thousand dollars ($10,000) or imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or both that fine and imprisonment.
(h) The amendment of subdivision (d) of this section enacted by the 1975–76 Regular Session of the Legislature does not constitute a change in, but is declaratory of, existing law.
(Amended by Stats. 2011, Ch. 15, Sec. 559. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
The terms of office of the members of the commission shall be for five years, except that the members first appointed to the commission shall classify themselves by lot so that the term of office of one member shall expire at the end of each one of the five years following the effective date of this division. Any vacancy shall be filled by the Governor within 30 days of the date on which a vacancy occurs for the unexpired portion of the term in which it occurs or for any new term of office.
If the Governor fails to make an appointment for any vacancy within such 30-day period, the Senate Rules Committee may make the appointment to fill the vacancy for the unexpired portion of the term in which the vacancy occurred or for any new term of office, subject to the provisions of Section 25204.
(Added by Stats. 1974, Ch. 276.)
The members of the commission shall receive the salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code.
Each member of the commission shall receive the necessary traveling and other expenses incurred in the performance of his official duties. When necessary, the members of the commission and its employees may travel within or without the state.
(Amended by Stats. 1983, Ch. 803, Sec. 41.)
(a) By March 1, 2022, and by each March 1 thereafter, until March 1, 2027, the commission shall submit a report to the relevant policy committees of the Legislature and the Joint Legislative Budget Committee describing programmatic activities and spending pursuant to the School Energy Efficiency Stimulus Program.
(b) The report shall include both of the following:
(1) A description of any changes to guidelines and budget.
(2) A summary of past spending, activities funded, and expected changes in funding and activities for the next year.
(c) As part of
the report, the commission may include information that is already provided in reports submitted to and approved by the Public Utilities Commission, as applicable.
(d) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2032.
(Added by Stats. 2021, Ch. 77, Sec. 27. (AB 137) Effective July 16, 2021. Repealed as of January 1, 2032, by its own provisions.)
Each member of the commission shall have one vote. Except as provided in Section 25211, the affirmative votes of at least three members shall be required for the transaction of any business of the commission.
(Added by Stats. 1974, Ch. 276.)
The commission may hold any hearings and conduct any investigations in any part of the state necessary to carry out its powers and duties prescribed by this division and, for those purposes, has the same powers as are conferred upon heads of departments of the state by Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 1981, Ch. 714, Sec. 372.)
The commission may appoint a committee of not less than two members of the commission to carry on investigations, inquiries, or hearings which the commission has power to undertake or to hold. At least one member of the committee shall attend all public hearings or other proceedings held pursuant to Chapter 6 (commencing with Section 25500), and all public hearings in biennial report proceedings and rulemaking proceedings, except that, upon agreement of all parties to a proceeding who are present at the hearing or proceeding, the committee may authorize a hearing officer to continue to take evidence in the temporary absence of a commission member. Every order made by the committee pursuant to the inquiry, investigation, or hearing, when approved or confirmed by the commission and ordered filed in its office, shall be the order of the commission.
(Amended by Stats. 1986, Ch. 993, Sec. 1.)
Every two years the Governor shall designate a chair and vice chair of the commission from among its members.
(Amended by Stats. 2010, Ch. 213, Sec. 18. (AB 2768) Effective January 1, 2011.)
(a) The commission shall adopt rules and regulations, as necessary, to carry out the provisions of this division in conformity with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The commission shall make available to a person upon request copies of proposed regulations, together with summaries of reasons supporting their adoption.
(b) (1) Notwithstanding any other law, the television product labeling regulations adopted by the commission shall not take effect, and the commission shall not enforce those regulations, before July 1, 2011.
(2) On and after July 1, 2011, the television product labeling regulations shall be effective if a Federal Trade Commission labeling rule for television products is not effective on or before July 1, 2011, and shall remain in effect until a Federal Trade Commission final labeling rule
is effective for television products.
(Amended by Stats. 2010, Ch. 486, Sec. 1. (SB 1198) Effective January 1, 2011.)
The commission shall maintain its headquarters in the County of Sacramento and may establish branch offices in such parts of the state as the commission deems necessary. The commission shall hold meetings at such times and at such places as shall be determined by it. All meetings and hearings of the commission shall be open to the public, and opportunity to be heard with respect to the subject of the hearings shall be afforded to any person. Upon request, an interested party may be granted reasonable opportunity to examine any witness testifying at the hearing. The first meeting of the commission shall be held within 30 days after the confirmation of the last member of the commission pursuant to Section 25204. The Governor shall designate the time and place for the first meeting of the commission.
(Amended by Stats. 1975, Ch. 62.)
Any member of the commission may be removed from office by the Legislature, by concurrent resolution adopted by a majority vote of all members elected to each house, for dereliction of duty or corruption or incompetency.
(Added by Stats. 1974, Ch. 276.)
In addition to other duties specified in this division, the commission shall do all of the following:
(a) Undertake a continuing assessment of trends in the consumption of electrical energy and other forms of energy and analyze the social, economic, and environmental consequences of these trends; carry out directly, or cause to be carried out, energy conservation measures specified in Chapter 5 (commencing with Section 25400) of this division; and recommend to the Governor and the Legislature new and expanded energy conservation measures as required to meet the objectives of this division.
(b) Collect from electric utilities, gas utilities, and fuel producers and wholesalers and other sources forecasts of future supplies and consumption of all forms of energy, including electricity, and of future energy or fuel production and transporting facilities to be constructed; independently analyze such forecasts in relation to statewide estimates of population, economic, and other growth factors and in terms of the availability of energy resources, costs to consumers, and other factors; and formally specify statewide and service area electrical energy demands to be utilized as a basis for planning the siting and design of electric power generating and related facilities.
(c) Carry out, or cause to be carried out, under contract or other arrangements, research and development into alternative sources of energy, improvements in energy generation, transmission, and siting, fuel substitution, and other topics related to energy supply, demand, public safety, ecology, and conservation which are of particular statewide importance.
(Added by Stats. 1974, Ch. 276.)
(a) The commission shall compile relevant local, regional, state, and federal land use, public safety, environmental, and other standards to be met in designing, siting, and operating facilities in this state; except as provided in subdivision (d) of Section 25402, adopt standards, except for air and water quality, to be met in designing or operating facilities to safeguard public health and safety, which may be different from or more stringent than those adopted by local, regional, or other state agencies, or by any federal agency if permitted by federal law; and monitor compliance and ensure that all facilities are operated in accordance with this division.
(b) The local, regional, and other state agencies shall advise the commission as to any change in its standards, ordinances, or laws which are pertinent and relevant to the objective of carrying out the provisions of this division.
(Added by Stats. 1974, Ch. 276.)
The commission shall do all of the following:
(a) Prescribe the form and content of applications for facilities; conduct public hearings and take other actions to secure adequate evaluation of applications; and formally act to approve or disapprove applications, including specifying conditions under which approval and continuing operation of any facility shall be permitted.
(b) Prepare an integrated plan specifying actions to be taken in the event of an impending serious shortage of energy, or a clear threat to public health, safety, or welfare.
(c) Evaluate policies governing the establishment of rates for electric power and other sources of energy as related to energy conservation, environmental protection, and other goals and policies established in this division, and transmit recommendations for changes in power-pricing policies and rate schedules to the Governor, the Legislature, to the Public Utilities Commission, and to publicly owned electric utilities.
(d) Serve as a central repository within the state government for the collection, storage, retrieval, and dissemination of data and information on all forms of energy supply, demand, conservation, public safety, research, and related subjects. The data and information shall be derived from all sources, including, but not be limited to, electric and gas utilities, oil and other energy producing companies, institutions of higher education, private industry, public and private research laboratories, private individuals, and from any other source that the commission determines is necessary to carry out its objectives under this division. The commission may charge and collect a reasonable fee for retrieving and disseminating any such information to cover the cost of such a service. Any funds received by the commission pursuant to this subdivision shall be deposited in the account and are continuously appropriated for expenditure, by the commission, for purposes of retrieving and disseminating any such information pursuant to this section.
(Amended by Stats. 1975, Ch. 612.)
(a) On or before December 31, 2023, the commission, in consultation with the Public Utilities Commission, Independent System Operator, and State Air Resources Board, shall submit to the Legislature an assessment of firm zero-carbon resources that support a clean, reliable, and resilient electrical grid in California and will achieve the policy described in Section 454.53 of the Public Utilities Code.
(b) The assessment shall do all of the following:
(1) Identify all available, commercially feasible and near-commercially feasible firm zero-carbon resources that could support a clean, reliable, and
resilient electrical grid, and distinguish which resources are capable of addressing system reliability needs and local reliability needs, with an emphasis on reducing the emissions of greenhouse gases, toxic air contaminants, and criteria air pollutants.
(2) Evaluate the magnitude of potential needs for and role of firm zero-carbon resources using a reasonable range of resource cost and performance assumptions that reflect emerging technology trends in order to help integrate generation from eligible renewable energy resources into the electrical grid on a daily, multiday, and seasonal basis.
(3) Identify barriers to the development of firm zero-carbon resources and possible solutions to
address those barriers, including pathways for additional procurement of those resources by load-serving entities, including joint procurements by electrical corporations, community choice aggregators, direct access customers, local publicly owned electric utilities, and other public entities, or a central procurement entity.
(4) Recommend changes to research and development projects, demonstration projects, and energy incentives to support the contributions of firm zero-carbon resources to the near-, mid-, and long-term reliability and resiliency of California’s electrical grid, consistent with California’s goals to reduce localized air pollutants and emissions of greenhouse gases, including early priority in disadvantaged communities.
(5) Evaluate the reliability of load-serving
entities’ integrated resource plans under multiday extreme and atypical weather events, which shall include, at minimum, events with extended periods of low renewable energy generation and events that occur in all seasons at least as frequently as once per 10 years.
(6) Evaluate the use of energy storage to achieve the goals pursuant to this section.
(c) The assessment shall not affect the process any load-serving entity uses to develop or procure resources to serve its customers.
(d) For purposes of this section, the following definitions apply:
(1) “Eligible renewable energy
resources” has the same meaning as defined in Section 399.12 of the Public Utilities Code.
(2) “Firm zero-carbon resources” are electrical resources that can individually, or in combination, deliver zero-carbon electricity with high availability for the expected duration of multiday extreme or atypical weather events, including periods of low renewable energy generation, and facilitate integration of eligible renewable energy resources into the electrical
grid and the transition to a zero-carbon electrical grid.
(3) “Load-serving entities” has the same meaning as defined in Section 380 of the Public Utilities Code.
(e) (1) The assessment to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2026.
(Added by Stats. 2021, Ch. 243, Sec. 2. (SB 423) Effective January 1, 2022. Repealed as of January 1, 2026, by its own provisions.)
(a) On or before January 31, 2023, the commission, in consultation with the Public Utilities Commission, the Department of Water Resources, and California balancing authorities, including, but not limited to, the Independent System Operator, shall issue a written report to the Joint Legislative Budget Committee addressing all of the following:
(1) An evaluation of how the state, load-serving entities, as defined in Section 380 of the Public Utilities Code, local publicly owned electric utilities, as defined in Section 224.3 of the Public Utilities Code, and California balancing authorities managed summer reliability during 2022.
(2) The magnitude of projected reliability
problems in 2023 to 2026, inclusive.
(3) Potential solutions to addressing reliability concerns. In doing so, the commission shall evaluate options that rely on state budget actions, statutory changes, and using existing resource adequacy, integrated resource planning, and other reliability processes at the Public Utilities Commission and the Independent System Operator to ensure reliability.
(b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2027.
(Added by Stats. 2022, Ch. 61, Sec. 2. (AB 205) Effective June 30, 2022. Repealed as of January 1, 2027, by its own provisions.)
The commission shall do all of the following:
(a) Appoint an executive director with administration and fiscal experience, who shall serve at its pleasure and whose duties and salary shall be prescribed by the commission.
(b) Employ and prescribe the duties of other staff members as necessary to carry out the provisions of this division. Staff members of the commission may participate in all matters before the commission to the limits prescribed by the commission.
(c) Employ legal counsel who shall advise the commission and represent it in connection with legal matters and litigation before any boards and agencies of the state or federal government.
(Amended by Stats. 1975, Ch. 1155.)
The commission shall nominate and the Governor shall appoint for a term of three years a public adviser to the commission who shall be an attorney admitted to the practice of law in this state and who shall carry out the provisions of Section 25222 as well as other duties prescribed by this division or by the commission. The adviser may be removed from office only upon the joint concurrence of four commissioners and the Governor.
(Added by Stats. 1975, Ch. 1155.)
The chair of the commission shall direct the adviser, the executive director, and other staff in the performance of their duties in conformance with the policies and guidelines established by the commission.
(Amended by Stats. 2010, Ch. 213, Sec. 19. (AB 2768) Effective January 1, 2011.)
In addition to other powers specified in this division, the commission may do any of the following:
(a) Apply for and accept grants, contributions, and appropriations, and award grants consistent with the goals and objectives of a program or activity the commission is authorized to implement or administer.
(b) Contract for professional services if the work or services cannot be satisfactorily performed by its employees or by any other state agency.
(c) Be sued and sue.
(d) Request and utilize the advice and services of all federal, state, local, and regional agencies.
(e) Adopt any rule or regulation, or take any action, it deems reasonable and necessary to carry out this division.
(f) Adopt rules and regulations, or take any action, it deems reasonable and necessary to ensure the free and open participation of any member of the staff in proceedings before the commission.
(Amended by Stats. 2009, 4th Ex. Sess., Ch. 11, Sec. 10. Effective July 28, 2009.)
The provisions specifying any power or duty of the commission shall be liberally construed, in order to carry out the objectives of this division.
(Added by Stats. 1974, Ch. 276.)
As to any matter involving the federal government, its departments or agencies, which is within the scope of the power and duties of the commission, the commission may represent its interest or the interest of any county, city, state agency, or public district upon its request, and to that end may correspond, confer, and cooperate with the federal government, its departments or agencies.
(Added by Stats. 1974, Ch. 276.)
The commission may participate as a party, to the extent that it shall determine, in any proceeding before any federal or state agency having authority whatsoever to approve or disapprove any aspect of a proposed facility, receive notice from any applicant of all applications and pleadings filed subsequently by such applicants in any of such proceedings, and, by its request, receive copies of any of such subsequently filed applications and pleadings that it shall deem necessary.
(Added by Stats. 1974, Ch. 276.)
Upon request of the commission, the Attorney General shall represent the commission and the state in litigation concerning affairs of the commission, unless the Attorney General represents another state agency, in which case the commission shall be authorized to employ other counsel.
(Added by Stats. 1974, Ch. 276.)
The adviser shall insure that full and adequate participation by all interested groups and the public at large is secured in the planning, site and facility certification, energy conservation, and emergency allocation procedures provided in this division. The adviser shall insure that timely and complete notice of commission meetings and public hearings is disseminated to all interested groups and to the public at large. The adviser shall also advise such groups and the public as to effective ways of participating in the commission’s proceedings. The adviser shall recommend to the commission additional measures to assure open consideration and public participation in energy planning, site and facility certification, energy conservation, and emergency allocation proceedings.
(Added by Stats. 1974, Ch. 276.)
The commission shall make available any information filed or submitted pursuant to this division under the provisions of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code); provided, however, that the commission shall keep confidential any information submitted to the Division of Oil and Gas of the Department of Conservation that the division determines, pursuant to Section 3752, to be proprietary.
(Amended by Stats. 2021, Ch. 615, Sec. 383. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
The commission and other state agencies shall, to the fullest extent possible, exchange records, reports, material, and other information relating to energy resources and conservation and power facilities siting, or any areas of mutual concern, to the end that unnecessary duplication of effort may be avoided.
(Added by Stats. 1974, Ch. 276.)
(a) Prior to expending any funds for any research, development, or demonstration program or project relating to vehicles or vehicle fuels, the commission shall do both of the following, using existing resources:
(1) Adopt a plan describing any proposed expenditure that sets forth the expected costs and qualitative as well as quantitative benefits of the proposed program or project.
(2) Find that the proposed program or project will not duplicate any other past or present publicly funded California program or project. This paragraph is not intended to prevent funding for programs or projects jointly funded with another public agency where there is no duplication.
(b) Within 120 days from the date of the conclusion of a program or project subject to subdivision (a) that is funded by the commission, the commission shall issue a public report that sets forth the actual costs of the program or project, the results achieved and how they compare with expected costs and benefits determined pursuant to paragraph (1) of subdivision (a), and any problems that were encountered by the program or project.
(c) (1) This section does not apply to any funds appropriated for research, development, or demonstration pursuant to a statute that expressly specifies both of the following:
(A) A vehicle technology or vehicle fuel which is the subject of the research, development, or demonstration.
(B) The purpose of, or anticipated products of, the research, development, or demonstration.
(2) This section does not apply to the Katz Safe Schoolbus Clean Fuel Efficiency Demonstration Program (Part 10.7 (commencing with Section 17910) of Division 1 of Title 1 of the Education Code).
(Added by Stats. 1995, Ch. 609, Sec. 4. Effective January 1, 1996.)
(a) The Energy Technologies Research, Development, and Demonstration Account established under former Section 25683 is hereby continued in existence, in the General Fund, to be administered by the commission for the purpose of carrying out Chapter 7.3 (commencing with Section 25630) and Chapter 7.5 (commencing with Section 25650).
(b) The Controller shall deposit in the account all money appropriated to the account by the Legislature, plus accumulated interest on that money, and money from loan repayments, interest, and royalties pursuant to Sections 25630 and 25650, for use by the commission, upon appropriation by the Legislature, for the purposes specified in Chapter 7.3 (commencing with Section 25630) and Chapter 7.5 (commencing with Section 25650).
(Added by Stats. 2004, Ch. 227, Sec. 92. Effective August 16, 2004.)
By July 1, 2011, the commission, in consultation with the Public Utilities Commission, shall develop and maintain an Internet Web site containing specific links to electrical corporation and local publicly owned electric utility Internet Web sites or other Internet Web sites that contain information specific to plug-in hybrid or fully electric vehicles, including information on the following:
(a) Resources to
direct a consumer on how to find out if his or her residence will require a utility service upgrade.
(b) Basic charging circuit requirements.
(c) Utility rate options.
(d) Load management techniques.
(Added by Stats. 2010, Ch. 337, Sec. 1. (SB 1455) Effective January 1, 2011.)
(a) The commission, in consultation with the Public Utilities Commission, cities, counties, special districts, and other stakeholders, shall evaluate and recommend policies and implementation strategies to overcome barriers to the deployment and use of geothermal heat pump and geothermal ground loop technologies. In evaluating these policies and strategies, the commission shall consider all of the following:
(1) The quantitative benefits and costs to ratepayers specific to safer, more reliable, or less costly gas or electrical service and through greater energy efficiency, reduction of health and environmental impacts from air pollution, and reduction of greenhouse gas emissions related to electricity
and natural gas production and use, through the use of geothermal heat pump and geothermal ground loop technologies.
(2) The existing statutory and permit requirements that impact the use of geothermal heat pumps and geothermal ground loop technologies and any other existing legal impediments to the use of geothermal heat pump and geothermal ground loop technologies.
(3) The impact of the use of the geothermal heat pump and geothermal ground loop technologies on achieving the state’s goals pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) and achieving the state’s energy efficiency goals.
(b) The commission shall include the evaluations and recommendations made pursuant to this section in the integrated energy policy report
that is required to be adopted for calendar year 2013, pursuant to subdivision (a) of Section 25302.
(Added by Stats. 2012, Ch. 608, Sec. 1. (AB 2339) Effective January 1, 2013.)
(a) The commission, working with the State Air Resources Board and the Public Utilities Commission, shall prepare a statewide assessment of the electric vehicle charging infrastructure needed to support the levels of electric vehicle adoption required for the state to meet its goals of putting at least five million zero-emission vehicles on California roads by 2030, and of reducing emissions of greenhouse gases to 40 percent below 1990 levels by 2030.
(b) The assessment shall expand on the commission’s electric vehicle infrastructure projections to consider all necessary charging infrastructure, including, but not limited to, the chargers, make-ready electrical equipment, and
supporting hardware and software, all vehicle categories, road, highway, and offroad
electrification, port and airport electrification, and other programs to accelerate the adoption of electric vehicles to meet the goals described in subdivision (a). The assessment shall examine existing and future infrastructure needs throughout California, including in low-income communities.
(c) As a part of the assessment, the commission, in consultation with stakeholders, shall identify workforce development and training resources needed to meet the goals described in subdivision (a). These resources shall include, but are not limited to, qualified apprenticeships, on-the-job training programs, and other training opportunities that build career pipelines in the zero-emission transportation sector and provide long-term employment in disadvantaged communities.
(d) The commission shall regularly seek data and input relating to electric vehicle charging infrastructure from stakeholders, including, but not limited to, the Public Utilities Commission, the State Air Resources Board, electrical corporations, local publicly owned electric utilities, state and local transportation and transit agencies, charging infrastructure companies, environmental groups, and automobile manufacturers.
(e) The commission shall update the assessment at least once every two years.
(Amended by Stats. 2021, Ch. 732, Sec. 2. (SB 589) Effective January 1, 2022.)
(a) For purposes of this section, the following terms have the following meanings:
(1) “Certified” means a business enterprise that is certified by the Public Utilities Commission, the Department of General Services, or other nonprofit organizations that verify or certify women, minority, disabled veteran, and LGBT business enterprises.
(2) “Control” means exercising the power to make policy decisions.
(3) “Disabled veteran business enterprise” has the same meaning as defined in Section 999 of the Military and Veterans Code.
(4) “LGBT business enterprise” means a business enterprise that is at least 51 percent owned by a lesbian, gay, bisexual, or transgender person or persons, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more lesbian, gay, bisexual, or transgender persons, and whose management and daily business operations are controlled by one or more of those individuals.
(5) “Minority business enterprise” means a business enterprise that is at least 51 percent owned by a minority group or groups, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more minority groups, and whose management and daily business operations are controlled by one or more of those individuals. The
contracting utility shall presume that minority includes African Americans, Hispanic Americans, Native Americans, and Asian Pacific Americans.
(6) To “operate” means to be actively involved in the day-to-day management. It is not enough to merely be an officer or director.
(7) “Women business enterprise” means a business enterprise that is at least 51 percent owned by a woman or women, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women, and whose management and daily business operations are controlled by one or more of those individuals.
(b) (1) The commission shall develop and implement an outreach program to inform the most qualified loan and grant applicants, and contractors, including, but not limited to, women, minority, disabled veteran, and LGBT business
enterprises, about workshops, trainings, and funding opportunities. The purpose of the program is to ensure that the commission recognizes the demographic shifts of the California marketplace and is nurturing the new and next generation of energy technology leaders.
(2) One component of the outreach program shall be a process for tracking the diversity of contractors, loan recipients, and grant recipients. The commission may rely on existing sources for locating information on certified women, minority, disabled veteran, and LGBT business, which may include, but is not limited to, the clearinghouse database maintained by the Public Utilities Commission, the list of Disabled Veteran Business Enterprises certified by the Procurement Division of the Department of General Services, as well as information
on other nonprofit organizations that verify or certify women, minority, and LGBT business enterprises.
(3) The outreach program shall include a strategy to encourage the participation of certified women, minority, disabled veteran, and LGBT business enterprises in the commission’s relevant programs and shall consider including them in capacity building activities.
(c) The commission may consider establishing a Diversity Task Force to consider and make recommendations about diversity in the energy industry, including diversity of corporate governing boards and procurement from diverse businesses, and addressing and promoting local and targeted hiring.
(Added by Stats. 2015, Ch. 583, Sec. 1. (AB 865) Effective January 1, 2016.)
(a) The commission, in consultation with the State Air Resources Board, shall, as part of the development of the plan prepared pursuant to Section 44272.5 of the Health and Safety Code, assess whether charging station infrastructure is disproportionately deployed by population density, geographical area, or population income level, including low-, middle-, and high-income levels. This includes whether direct current fast charging stations are disproportionately distributed and whether access to these charging stations is disproportionately available. Upon making a finding that charging station infrastructure has been disproportionately deployed, the commission shall use moneys from the Alternative and Renewable Fuel and Vehicle Technology Fund, to the extent authorized by law, as well as other mechanisms,
including incentives, to more proportionately deploy new charging station infrastructure, unless the commission makes a finding that the disproportionate deployment is reasonable and furthers state energy or environmental policy as articulated by the commission.
(b) For purposes of this section, “charging station” means the removable equipment that provides alternating or direct current to the battery electric vehicle or plug-in hybrid electric vehicle, but does not include the supporting charging infrastructure, such as wiring, conduit, and electric panels.
(Added by Stats. 2018, Ch. 368, Sec. 3. (SB 1000) Effective January 1, 2019.)
(a) (1) The commission, in consultation with the Public Utilities Commission, shall develop uptime recordkeeping and reporting standards for electric vehicle chargers and charging stations by January 1, 2024.
(2) The uptime recordkeeping and reporting standards shall do all of the following:
(A) Only apply to electric vehicle chargers and charging stations that received an incentive from a state agency or through a charge on ratepayers.
(B) Apply for a minimum of six years unless the commission decides a longer time span is more appropriate.
(C) Apply to electric vehicle chargers and charging stations installed on or after January 1, 2024.
(3) (A) The commission shall define “uptime” through a public workshop process and apply it to each electric vehicle charger and charging station and create a formula to calculate uptime to provide consistent, standardized reporting of information at least annually.
(B) When defining “uptime,” the commission shall do both of the following:
(i) Include the operability of both software and hardware.
(ii) Consider federal definitions to ensure consistency between standards.
(C) The commission shall determine what events that make a charging station inoperable
constitute excluded time for purposes of developing the formula. In making this determination, the commission and Public Utilities Commission shall only consider events that are outside a charging station operator’s control. This may include issues related to the electrical grid, WiFi connectivity, cellular connectivity, and vandalism, as defined by the commission through a public workshop process.
(b) (1) The commission may consider additional reliability metrics, including, but not limited to, success rate to initiate a charging session, customer satisfaction, and the number, nature, or length of events that interrupt service.
(2) The commission, in consultation with the Public Utilities Commission, shall hold a public workshop to discuss and identify industry best practices and charger technology capabilities that are demonstrated to increase reliability.
As a result of this workshop, the commission may incorporate these best practices and capabilities into its uptime recordkeeping and reporting standards.
(3) Uptime recordkeeping and reporting standards may vary by technology type, power levels, number of chargers per site, and site ownership. Factors may include whether chargers are networked, whether chargers are Level 1, Level 2, or direct current fast chargers, and whether chargers are all-inclusive mobile solar charging stations.
(4) Uptime recordkeeping and reporting standards shall not apply to charging stations installed at residential real property containing four or fewer dwelling units.
(5) The funding entity shall clearly disclose these reporting requirements to the funding recipient. If the funding recipient is an electric vehicle service provider or
other third-party entity that is not the site host, the electric vehicle service provider or third-party entity shall provide a separate disclosure to the site host about the site host’s right to designate the service provider or third-party as the entity to report the data on behalf of the site host. The funding recipient shall verify receipt by signing the disclosure, to be confirmed by the funding entity.
(c) (1) Beginning January 1, 2025, the commission shall assess the uptime of charging station infrastructure, including, at a minimum, an assessment of equitable access to reliable charging stations in low-, moderate- and high-income communities.
(2) The commission shall update the assessment performed pursuant to this subdivision every two years.
(3) An individual or company supplying
information or data to the commission pursuant to this section may request that the information or data be held in confidence by the commission pursuant to Section 25322.
(d) (1) The commission, in consultation with the Public Utilities Commission,
shall adopt tools to increase charging station uptime, including, but not limited to, uptime requirements, operation and maintenance requirements, and may include incentives, including operation and maintenance incentives.
(2) By January 1, 2025, the commission shall set standards for how stations subject to this section shall notify customers about the availability and accessibility of publicly available charging infrastructure.
(e) This section does not prohibit or limit the commission’s or other state agencies’ ability under any other law, including, but not limited to, the authority to include reporting or reliability requirements as a condition of grants or other agreements or to adopt other charging station reporting
standards.
(f) Nothing in this section shall be construed to grant the commission an exemption from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(g) This section shall remain in effect only until January 1, 2035, and as of that date is repealed.
(Amended by Stats. 2023, Ch. 319, Sec. 11. (AB 126) Effective October 7, 2023. Repealed as of January 1, 2035, by its own provisions.)
(a) For purposes of this section, the following terms have the following meanings:
(1) “Blue Ribbon Commission” means the Blue Ribbon Commission on Lithium Extraction in California established pursuant to this section.
(2) “Commission” means the State Energy Resources Conservation and Development Commission.
(b) On or before March 1, 2021, using existing budgetary resources, the State Energy Resources Conservation and Development Commission shall
establish, within the commission, and convene the Blue Ribbon Commission on Lithium Extraction in California. The Blue Ribbon Commission shall be composed of the following 14 members:
(1) A member appointed by the commission.
(2) A member of the Public Utilities Commission, appointed by the Public Utilities Commission.
(3) A member appointed by the Secretary of the Natural Resources Agency.
(4) A member, appointed by the commission, who represents the lithium extraction industry.
(5) A member appointed by the Speaker of the Assembly.
(6) A member appointed by the Senate Committee on Rules.
(7) A member, appointed by the commission, who represents a national vehicle manufacturer organization.
(8) A member, appointed by the commission, who represents a local environmental organization.
(9) A member, appointed by the commission, who represents
a local city or county government in the Salton Sea geothermal resource area.
(10) A member, appointed by the commission, who represents a local public electric utility.
(11) A member, appointed by the commission, from a local community group that represents disadvantaged and low-income communities in the Salton Sea geothermal resource area.
(12) A member, appointed by the commission, who represents a local tribal community.
(13) A member, appointed by the commission, with knowledge of economics and the effectiveness of local, state, and federal incentives.
(14) A member appointed by the Governor.
(c) The chair of the Blue Ribbon Commission shall be selected by the members of the Blue Ribbon Commission.
(d) The Blue Ribbon Commission shall review, investigate, and analyze the following
issues relating to lithium extraction and use in California:
(1) Actions that will support the further development of geothermal power that have the potential to provide the cobenefit of lithium recovery from existing and new geothermal facilities.
(2) Market opportunities for lithium.
(3) The potential benefits of, and added value to, existing and new geothermal facilities in areas that contain mineral-rich brines for the state, the western energy grid, and the United States, including, but not limited to, grid stability, reliability, and resiliency.
(4) Methods of overcoming technical and economic challenges currently limiting lithium extraction, processing, and production from geothermal brines.
(5) Safe environmental methods and standards for lithium
extraction from geothermal brines and how this compares to other methods for deriving lithium.
(6) Potential economic and environmental impacts to the state resulting from extraction, processing, and production of lithium and lithium-dependent products from geothermal brines.
(7) The importance of, and opportunities for, the application of local, state, and federal incentives and investments to facilitate lithium extraction from geothermal brines, including, but not limited to, the following:
(A) Use of enhanced infrastructure financing districts, as defined in Section 53398.51 of the Government Code, or
community revitalization investment authorities, as defined in Section 62001 of the Government Code.
(B) New employment tax credits in former enterprise zones.
(C) Income or franchise tax credits under agreements approved by the California Competes Tax Credit Committee.
(D) Sales tax exemptions for new manufacturing equipment.
(E) Leveraging tax incentives in federally recognized opportunity zones.
(8) Recommendations for legislative or regulatory changes that may be needed to encourage lithium extraction from geothermal brines, including whether the development of a centralized tracking system for lithium project permitting by state and local regulatory agencies would assist with development of the lithium industry.
(e) In conducting the tasks described in subdivision (d), the Blue Ribbon Commission shall consult, when feasible, with the United States Environmental Protection Agency and the United States Department of Energy.
(f) The Blue Ribbon Commission may take public input for recommendations on the issues in subdivision (d).
(g) On or before October 1, 2022, the Blue Ribbon Commission shall submit a report to the Legislature documenting its
findings and any recommendations developed after conducting the review and analyses required pursuant to subdivision (d).
(1) The report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(2) The requirements of this subdivision shall remain operative only until October 1, 2023.
(Added by Stats. 2020, Ch. 271, Sec. 2. (AB 1657) Effective January 1, 2021.)
(a) Notwithstanding Section 10231.5 of the Government Code, on or before December 15, 2022, and quarterly thereafter, the commission and the Public Utilities Commission shall submit a joint Reliability Planning Assessment to the Legislature in accordance with Section 9795 of the Government Code.
(1) The assessment shall identify estimates for the electrical supply and demand balance, for the forward 5- and 10-year periods, under high-, medium-, and low-risk scenarios. The assessment shall identify loads and resources online and loads and resources expected by reliability year ending September 30.
(2) The assessment shall focus on the Independent System Operator system, with an
emphasis on the electrical demand, load, supply, or resource for load-serving entities subject to the Public Utilities Commission’s jurisdiction. The assessment shall break down loads and resources by type of load-serving entity by year by transmission access charge area.
(3) The assessment shall include information about imports, by amount, source if known, and other relevant factors, and transmission capacity for imports by date and transmission access area or balancing authority.
(4) The commission shall provide an estimate for the loads and resources for the entities that are not subject to the Public Utilities Commission’s jurisdiction that are part of the Independent System Operator system supply and demand balance.
(5) The assessment shall include prospective information on existing and expected resources,
including updates on the interconnection status for renewable projects and any delays in interconnection, and expected retirements for both system and local resources. This shall include updates based on actions taken directly by, or as a result of, the Tracking Energy Development Task Force. The assessment shall include an accompanying Gantt chart to track progress.
(6) The assessment shall maintain confidentiality of market sensitive information.
(7) The assessment shall rely upon the most recently available integrated energy policy report prepared pursuant to Section 25302 for the demand assessment.
(8) The assessment shall report on any other significant delays or barriers affecting timely deployment of renewable energy and zero-carbon resources, including, but not limited to, supply chain disruptions, land use
restrictions, and permitting processes.
(9) The assessment shall make recommendations to the Legislature on actions needed to resolve any delays or barriers reported in the assessment.
(10) The assessment shall report on any regulatory barriers and challenges to increasing deployment of other preferred resources, including energy efficiency and demand response programs.
(b) The commission shall continue to report on California energy resources that serve load in California in the energy almanac. The commission shall expand the energy almanac report to include storage resources that serve wholesale load. The commission shall report on energy resources that serve load in the Independent Systems Operator system, which is a subset of its current reporting of all California resources, and may include energy resources
located outside the state.
(Added by Stats. 2022, Ch. 239, Sec. 2. (SB 846) Effective September 2, 2022.)
(a) By September 30, 2023, the commission shall present a cost comparison of whether extended operations at the Diablo Canyon powerplant compared to a portfolio of other feasible resources available for calendar years 2024 to 2035, inclusive, is consistent with the greenhouse gases emissions reduction goals of Section 454.53 of the Public Utilities Code. As part of this comparison, the commission shall evaluate the alternative resource costs, and shall make all evaluations available to the public within the proceeding docket.
(b) With respect to the Department of Water Resources loan to the operator of the Diablo Canyon powerplant, pursuant to Chapter 6.3 (commencing with Section 25548), if the costs of the extension of operations of the
Diablo Canyon powerplant exceed limits provided for in the loan agreement at any time, the commission shall reevaluate the cost-effectiveness of prolonging the powerplant’s operations.
(c) Within 180 days of the operator of the Diablo Canyon powerplant submitting an application with the United States Department of Energy to receive potential funding for extended operations of the Diablo Canyon powerplant, the commission, in consultation with the Independent System Operator and the Public Utilities Commission, shall make a determination in a public process, whether the state’s electricity forecasts for the calendar years 2024 to 2030, inclusive, show potential for reliability deficiencies if the Diablo Canyon powerplant operation is not extended beyond 2025, and whether extending operations of the Diablo Canyon powerplant to at least 2030 is prudent to ensure reliability in light of any potential for supply deficiency, and is consistent with the
emissions reduction goals of Section 454.53 of the Public Utilities Code. The determination shall be approved by a vote of the commission at its business meeting.
(d) On or before July 1, 2023, and on July 1 of each year thereafter until 2031, the commission, in coordination with the Public Utilities Commission and the Independent System Operator, shall publish on its internet website in a new report, or as part of another report, an assessment of the operation of the Diablo Canyon powerplant. The report shall include, but not be limited to, outage information, powerplant operational costs, average revenues from electricity sales, worker attrition, and the powerplant’s contribution to resource adequacy requirements.
(e) The commission may enter into contracts to implement the analysis in subdivisions (a) and (c), and the contracts shall not require the review, consent, or
approval of the Department of General Services or any other state department or agency and do not need to comply with requirements under the State Contracting Manual, the Public Contract Code, or the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code.
(Added by Stats. 2022, Ch. 239, Sec. 3. (SB 846) Effective September 2, 2022.)
To help building owners to decarbonize buildings and add energy storage or electric vehicle charging capacity to buildings, the commission, in coordination with the Public Utilities Commission, the Department of Housing and Community Development, the California Building Standards Commission, and other relevant state agencies, shall gather or develop, and publish on the commission’s internet website, guidance and best practices to help building owners, the construction industry, and local governments overcome barriers to electrification of buildings and installation of electric vehicle charging equipment that include any of the following topics:
(a) Availability of electrical equipment for replacement of the common fossil-fuel-powered equipment within buildings, including
high-efficiency options that can minimize electrical service capacity requirements.
(b) Approaches for energy budgeting to fit electrical replacements and vehicle-charging equipment within the existing electrical service capacity of the building whenever possible, including guidance on how to maximize the use of the nonconcurrent electrical load that is allowed under the California Electrical Code (Part 3 (commencing with Section 89.101.1) of Title 24 of the California Code of Regulations).
(c) Technologies that allow the noncoincidental sharing of electrical circuits.
(d) The development of whole building electrification plans to help building owners prepare for future additions of electrical equipment, even if only a portion of equipment will be replaced, or energy storage or vehicle charging added, during an
initial project. The plan may include wiring changes and energy planning to reduce the need for rework and help correctly size distributed energy and energy storage systems to anticipated future needs, including anticipated future voluntary and mandatory vehicle charging standards in the California Building Standards Code.
(e) Model permit applications, an eligibility checklist for expedited permitting, and a concise inspection list for the most common building electrification, energy storage, or vehicle charging installation projects that would be suitable for adoption by local governments seeking to streamline and standardize permitting and inspections.
(Amended by Stats. 2022, Ch. 346, Sec. 3. (AB 2075) Effective January 1, 2023.)
(a) For purposes of this section, “financing or investment solutions” means financing or investment solutions that are consistent with the United States Environmental Protection Agency’s inclusive utility investments policies or other industry best practices, and that will enable electrical corporations, community choice aggregators, or other eligible entities to provide zero-emission, clean energy, or decarbonizing building upgrades.
(b) (1) On or before December 31, 2023, the
commission, in coordination with the Governor’s Office of Business and Economic Development, the Public Utilities Commission, and the Treasurer, shall do all of the following:
(A) Identify available state and federal financing or investment solutions.
(B) Apply for federal financing or investment solutions, where applicable.
(C) Provide technical assistance to electrical corporations, community choice aggregators, or other eligible entities to apply for state and federal financing or investment solutions.
(2) The commission may consult with the United States Department of Energy regarding the identification of federal financing or investment solutions,
pursuant to paragraph (1).
(3) To maximize the state’s access to federal financing or investment solutions, pursuant to paragraph (1), the commission may do any of the following:
(A) Identify the authority of the Treasurer to administer financing or investment solutions, and to identify programs administered by the Treasurer that provide financing or investment solutions.
(B) Identify funding appropriated in the Budget Act of 2022 that enables or otherwise impacts the availability of federal funding for financing or investment solutions.
(C) Identify state programs, authorizations, and administrative actions that enable, or could enable, access to federal
funding for financing or investment solutions, including, but not limited to, Public Utilities Commission Rulemaking 20-08-022 (Order Instituting Rulemaking to Investigate and Design Clean Energy Financing Options for Electricity and Natural Gas Customers), filed August 27, 2020.
(c) On or before December 31, 2023, the commission shall prepare and submit a report to the relevant committees of the Legislature that describes any statutory changes necessary to improve access to federal funding for financing or investment solutions.
(d) Notwithstanding Section 10231.5 of the Government Code, this section shall remain in effect only until January 1, 2028, and as of that date is repealed.
(Added by Stats. 2022, Ch. 834, Sec. 1. (SB 1112) Effective January 1, 2023. Repealed as of January 1, 2028, by its own provisions.)