text: The Legislature hereby finds and declares that electrical energy is essential to the health, safety and welfare of the people of this state and to the state economy, and that it is the responsibility of state government to ensure that a reliable supply of electrical energy is maintained at a level consistent with the need for such energy for protection of public health and safety, for promotion of the general welfare, and for environmental quality protection.


kind: section

code: PRC

text: The Legislature further finds and declares that the present rapid rate of growth in demand for electric energy is in part due to wasteful, uneconomic, inefficient, and unnecessary uses of power and a continuation of this trend will result in serious depletion or irreversible commitment of energy, land and water resources, and potential threats to the state’s environmental quality.

history: (History: Added by Stats. 1974, Ch. 276.)

division: 15. ENERGY CONSERVATION AND DEVELOPMENT

chapter: 1. Title and General Provisions

path: 15. ENERGY CONSERVATION AND DEVELOPMENT > 1. Title and General Provisions


text: The Legislature further finds and declares that in planning for future electrical generating and related transmission facilities state, regional, and local plans for land use, urban expansion, transportation systems, environmental protection, and economic development should be considered.


text: The Legislature further finds and declares that there is a pressing need to accelerate research and development into alternative sources of energy and into improved technology of design and siting of power facilities.


text: The Legislature further finds that cogeneration technology is a potential energy resource and should be an important element of the state’s energy supply mix. The Legislature further finds that cogeneration technology can assist meeting the state’s energy needs while reducing the long-term use of conventional fuels, is readily available for immediate application, and reduces negative environmental impacts. The Legislature further finds that cogeneration technology is important with respect to the providing of a reliable and clean source of energy within the state and that cogeneration technology should receive immediate support and commitment from state government.

history: (History: Added by Stats. 1978, Ch. 1009.)


text:
The Legislature further finds and declares all of the following:

(a) Advanced transportation technologies hold the promise of conserving energy, reducing pollution, lowering traffic congestion, and promoting economic development and jobs in California.

(b) There is a pressing need to provide business assistance to California companies engaged in producing and commercializing advanced transportation technologies.

(c) It is the policy of the state to provide financial assistance to California companies, particularly small businesses, that are engaged in commercial efforts in the field of advanced transportation technologies.

history: (History: Added by Stats. 1994, Ch. 1218, Sec. 1. Effective January 1, 1995.)


text: The Legislature further finds and declares that prevention of delays and interruptions in the orderly provision of electrical energy, protection of environmental values, and conservation of energy resources require expanded authority and technical capability within state government.


text:
The Legislature further finds and declares that information should be acquired and analyzed by the State Energy Resources Conservation and Development Commission in order to ascertain future energy problems and uncertainties, including, but not limited to:

(a) The state’s role in production of oil from domestic reserves, especially within Petroleum Administration for Defense District V.

(b) The production of Alaskan North Slope oil and its projected use in the state.

(c) Plans of the federal government for development of oil in the Outer Continental Shelf adjacent to the state.

(d) Impacts of petroleum price increases and projected conservation measures on the demand for energy and indirect effects on the need for offshore oil development and Alaskan oil delivery into the state.

(e) Potential shipment of Alaskan oil through the state.

(f) Proposals for processing petroleum outside the state to supply the needs within the state.

(g) The impact on the state of national energy policies, including Project Independence.

history: (History: Added by Stats. 1974, Ch. 1195.)


text: It is the policy of the state and the intent of the Legislature to establish and consolidate the state’s responsibility for energy resources, for encouraging, developing, and coordinating research and development into energy supply and demand problems, and for regulating electrical generating and related transmission facilities.


text: It is further the policy of the state and the intent of the Legislature to employ a range of measures to reduce wasteful, uneconomical, and unnecessary uses of energy, thereby reducing the rate of growth of energy consumption, prudently conserve energy resources, and assure statewide environmental, public safety, and land use goals.


text:
It is further the policy of the state and the intent of the Legislature to promote all feasible means of energy and water conservation and all feasible uses of alternative energy and water supply sources.

The Legislature finds and declares that the State of California has extensive physical and natural resources available to it at state-owned sites and facilities which can be substituted for traditional energy supplies or which lend themselves readily to the production of electricity or water. Due to increases in energy and water costs, the state’s expenditures for energy and water have also increased, adding to the burden on California taxpayers and reducing the amount of funds available for other public purposes.

It is in the best interest of the state to use these resources when it can be demonstrated that long-term cost, water, and energy use reduction will result, and where increased independence from other fuel and water sources and development of additional revenues for the state may be obtained.

Therefore, in recognition of recent and projected increases in the cost of energy and water from traditional sources, it is the policy of the state to use available resources at state facilities which can substitute for traditional energy and water supplies or produce electricity or water at its facilities when use or production will reduce long-term energy or water expenditures. Criteria used in analysis of proposed actions shall include lifecycle cost evaluation, benefit to taxpayers, reduced fossil fuel or reduced water consumption depending on the application, and improved efficiency. Energy or water facilities at state-owned sites shall be scaled to produce optimal system efficiency and best economic advantage to the state. Energy or water produced may be reserved by the state to meet state facility needs or may be sold to state or nonstate purchasers.

Resources and processes which may be used to substitute for traditional energy and water supplies and for the purpose of electrical generation at state facilities include, but are not limited to, cogeneration, biomass, wind, geothermal, vapor compression, water reclamation, and solar technologies.

It is the intent of the Legislature that no policy in this section, expressed or implied, be in conflict with existing state or federal regulations regarding the production or sale of electricity or water, and that this policy be just and reasonable to utility ratepayers.

history: (History: Amended by Stats. 1991, Ch. 1142, Sec. 7. Effective October 14, 1991.)


text: The Legislature finds and declares that Chapter 854 of the Statutes of 1996 restructured the California electricity industry and created a competitive electricity generation market. In a competitive generation market, the recovery by powerplant owners of their private investment and operating costs is at risk and no longer guaranteed through regulated rates. Before the California electricity industry was restructured, the regulated cost recovery framework for powerplants justified requiring the commission to determine the need for new generation, and site only powerplants for which need was established. Now that powerplant owners are at risk to recover their investments, it is no longer appropriate to make this determination. It is necessary that California both protect environmental quality and site new powerplants to ensure electricity reliability, improve the environmental performance of the current electricity industry and reduce consumer costs. The success of California’s restructured electricity industry depends upon the willingness of private capital to invest in new powerplants. Therefore, it is necessary to modify the need for determination requirements of the state’s powerplant siting and licensing process to reflect the economics of the restructured electricity industry and ensure the timely construction of new electricity generation capacity.

history: (History: Added by Stats. 1999, Ch. 581, Sec. 1. Effective January 1, 2000.)


text: Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.

chapter: 2. Definitions

path: 15. ENERGY CONSERVATION AND DEVELOPMENT > 2. Definitions


text: “Applicant” means any person who submits an application for certification pursuant to the provisions of this division, including, but not limited to, any person who explores for or develops geothermal resources.

history: (History: Amended by Stats. 1978, Ch. 1271.)


text: “Application” means any request for certification of any site and related facility filed in accordance with the procedures established pursuant to this division. An applicant for a geothermal powerplant and related facilities may propose more than one site and related geothermal facilities in the same application.


text: “Coastal zone” means the “coastal zone” as defined in Section 30103.

history: (History: Amended by Stats. 1976, Ch. 1330.)


text: “Suisun Marsh” means the Suisun Marsh, as defined in Section 29101.

history: (History: Added by Stats. 1977, Ch. 1155.)


text: “Jurisdiction of the San Francisco Bay Conservation and Development Commission” means the area defined in Section 66610 of the Government Code.


text: “Commission” means the State Energy Resources Conservation and Development Commission.


text:
“Construction” means onsite work to install permanent equipment or structure for any facility. “Construction” does not include any of the following:

(a) The installation of environmental monitoring equipment.

(b) A soil or geological investigation.

(c) A topographical survey.

(d) Any other study or investigation to determine the environmental acceptability or feasibility of the use of the site for any particular facility.

(e) Any work to provide access to a site for any of the purposes specified in subdivision (a), (b), (c), or (d).


text: “Public advisor” means the public advisor employed by the commission pursuant to Section 25217.1.

history: (History: Amended by Stats. 2024, Ch. 353, Sec. 2. (AB 1533) Effective January 1, 2025.)


text: “Electric transmission line” means any electric powerline carrying electric power from a thermal powerplant located within the state to a point of junction with any interconnected transmission system. “Electric transmission line” does not include any replacement on the existing site of existing electric powerlines with electric powerlines equivalent to such existing electric powerlines or the placement of new or additional conductors, insulators, or accessories related to such electric powerlines on supporting structures in existence on the effective date of this division or certified pursuant to this division.


text: “Electric utility” means any person engaged in, or authorized to engage in, generating, transmitting, or distributing electric power by any facilities, including, but not limited to, any such person who is subject to the regulation of the Public Utilities Commission.


text: “Energy” means work or heat that is, or may be, produced from any fuel or source whatsoever.


text: “Facility” means any electric transmission line or thermal powerplant, or both electric transmission line and thermal powerplant, regulated according to the provisions of this division.


text: “Account” means the Energy Resources Programs Account.

history: (History: Amended by Stats. 1982, Ch. 1067, Sec. 1. Operative July 1, 1983, by Sec. 10 of Ch. 1067.)


text: “Member” or “member of the commission” means a member of the State Energy Resources Conservation and Development Commission appointed pursuant to Section 25200.


text: “Notice” means the notice of intent, as further defined in Chapter 6 (commencing with Section 25500), which shall state the intention of an applicant to file an application for certification of any site and related facility.


text: “Interested party” means any person whom the commission finds and acknowledges as having a real and direct interest in any proceeding or action carried on, under, or as a result of the operation of, this division.


text: “Equivalent certification program” means a program, as further defined in Section 25540.5, administered by a county and approved by the commission, which may substitute for the site and related facility certification procedures established pursuant to this division.

history: (History: Added by Stats. 1978, Ch. 1271.)


text: “Person” means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. “Person” also includes any city, county, public district or agency, the state or any department or agency thereof, and the United States to the extent authorized by federal law.

history: (History: Amended by Stats. 1994, Ch. 1010, Sec. 214. Effective January 1, 1995.)


text: “Plan” means the Emergency Load Curtailment and Energy Distribution Plan.


text: “Service area” means any contiguous geographic area serviced by the same electric utility.


text: “Site” means any location on which a facility is constructed or is proposed to be constructed.


text:
“Thermal powerplant” means any stationary or floating electrical generating facility using any source of thermal energy, with a generating capacity of 50 megawatts or more, and any facilities appurtenant thereto. Exploratory, development, and production wells, resource transmission lines, and other related facilities used in connection with a geothermal exploratory project or a geothermal field development project are not appurtenant facilities for the purposes of this division.

“Thermal powerplant” does not include any wind, hydroelectric, or solar photovoltaic electrical generating facility.

history: (History: Amended by Stats. 1988, Ch. 965, Sec. 1. Effective September 19, 1988.)


text: “Fuel” means petroleum, crude oil, petroleum product, coal, natural gas, or any other substance used primarily for its energy content.


text: “Gas utility” means any person engaged in, or authorized to engage in, distributing or transporting natural gas, including, but not limited to, any such person who is subject to the regulation of the Public Utilities Commission.


text: “Modification of an existing facility” means any alteration, replacement, or improvement of equipment that results in a 50-megawatt or more increase in the electric generating capacity of an existing thermal powerplant or an increase of 25 percent in the peak operating voltage or peak kilowatt capacity of an existing electric transmission line.


text: “Major oil producer” means any person who produces oil in amount determined by the commission as having a major effect on energy supplies.


text: “Major natural gas producer” means any person who produces natural gas in amounts determined by the commission as having a major effect on energy supplies.


text: “Major marketer” means any person who sells natural gas or oil in amounts determined by the commission as having a major effect on energy supplies.


text: “Refiner” means any person who owns, operates, or controls the operations of one or more refineries.


text: “Refinery” means any industrial plant, regardless of capacity, processing crude oil feedstock and manufacturing oil products.


text: “Foreign” means any area exclusive of the 50 states and the District of Columbia.


text: “Nonresidential” building means any building which is heated or cooled in its interior, and is of an occupancy type other than Type H, I, or J, as defined in the Uniform Building Code, 1973 edition, as adopted by the International Conference of Building Officials.

history: (History: Added by Stats. 1977, Ch. 846.)


text: “Residential building” means any hotel, motel, apartment house, lodginghouse, single- and dwelling, or other residential building which is heated or mechanically cooled.


text: “Load management” means any utility program or activity that is intended to reshape deliberately a utility’s load duration curve.

history: (History: Added by Stats. 1976, Ch. 1375.)


text: “Geothermal element” means an element of a county general plan consisting of a statement of geothermal development policies, including a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals, including a discussion of environmental damages and identification of sensitive environmental areas, including unique wildlife habitat, scenic, residential, and recreational areas, adopted pursuant to Section 65303 of the Government Code.


text:
“Cogeneration” means the sequential use of energy for the production of electrical and useful thermal energy. The sequence can be thermal use followed by power production or the reverse, subject to the following standards:

(a) At least 5 percent of the cogeneration project’s total annual energy output shall be in the form of useful thermal energy.

(b) Where useful thermal energy follows power production, the useful annual power output plus one-half the useful annual thermal energy output equals not less than 42.5 percent of any natural gas and oil energy input.

history: (History: Amended by Stats. 1981, Ch. 952, Sec. 5.)


text: “Conversion” means the processes by which residue is converted to a more usable energy form, including, but not limited to, combustion, anaerobic digestion, and pyrolysis, and is used for heating, process heat applications, and electric power generation.

history: (History: Amended by Stats. 2006, Ch. 538, Sec. 579. Effective January 1, 2007.)


text: “Residue” means any organic matter left as residue, such as agricultural and forestry residue, including, but not limited to, conifer thinnings, dead and dying trees, commercial hardwood, noncommercial hardwoods and softwoods, chaparral, burn, mill, agricultural field, and industrial residues, and manure.

history: (History: Added by Stats. 1979, Ch. 1123.)


text: “Solar thermal powerplant” means a thermal powerplant in which 75 percent or more of the total energy output is from solar energy and the use of backup fuels, such as oil, natural gas, and coal, does not, in the aggregate, exceed 25 percent of the total energy input of the facility during any calendar year period.

history: (History: Added by Stats. 1988, Ch. 965, Sec. 2. Effective September 19, 1988.)


text: “Unbranded,” as applied to fuel, means gasoline and diesel fuel sold for wholesale or retail distribution to consumers without proprietary additives or marketing under a brand name or trademark owned or controlled by an independent refiner or an integrated refining and marketing company.

history: (History: Added by Stats. 2000, Ch. 288, Sec. 2. Effective January 1, 2001.)


text: “Destination facility” means any structure, group of structures, equipment, pipeline, or device, other than a vessel, that receives oil in bulk to or from a tank vessel, railroad car, or pipeline, that is used for producing, storing, handling, transferring, processing, or transporting oil in bulk. For purposes of this section, a destination facility does not include any railroad car, motor vehicle, or other rolling stock while transporting oil over the highways or rail lines of this state.

history: (History: Added by Stats. 2019, Ch. 770, Sec. 7. (AB 936) Effective January 1, 2020.)


text: 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.

history: (History: Added by Stats. 1974, Ch. 276.)

path: 15. ENERGY CONSERVATION AND DEVELOPMENT > 3. State Energy Resources Conservation and Development Commission


text: 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.

chapter: 3. State Energy Resources Conservation and Development Commission


text: 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.


text: 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.


text: 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.


text:
(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.

history: (History: 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.)


text:
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.


text:
(a) 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.

(b) Each member of the commission shall receive the necessary traveling and other expenses incurred in the performance of their official duties. When necessary, the members of the commission and its employees may travel within or outside the state.

history: (History: Amended by Stats. 2024, Ch. 353, Sec. 3. (AB 1533) Effective January 1, 2025.)


text:
(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.

history: (History: Added by Stats. 2021, Ch. 77, Sec. 27. (AB 137) Effective July 16, 2021. Repealed as of January 1, 2032, by its own provisions.)


text: 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.


text: 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.

history: (History: Amended by Stats. 1981, Ch. 714, Sec. 372.)


text: 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.

history: (History: Amended by Stats. 1986, Ch. 993, Sec. 1.)


text: Every two years the Governor shall designate a chair and vice chair of the commission from among its members.

history: (History: Amended by Stats. 2010, Ch. 213, Sec. 18. (AB 2768) Effective January 1, 2011.)


text: The commission shall adopt rules and regulations, as necessary, to carry out this division in conformity with 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.

history: (History: Amended by Stats. 2024, Ch. 353, Sec. 4. (AB 1533) Effective January 1, 2025.)


text: 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.

history: (History: Amended by Stats. 1975, Ch. 62.)


text: 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.


text:
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.


text:
(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.


text:
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.

history: (History: Amended by Stats. 1975, Ch. 612.)


text:
(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.

history: (History: Added by Stats. 2022, Ch. 61, Sec. 2. (AB 205) Effective June 30, 2022. Repealed as of January 1, 2027, by its own provisions.)


text:
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.

history: (History: Amended by Stats. 1975, Ch. 1155.)


text: The commission shall nominate and the Governor shall appoint for a term of three years a public advisor to the commission who shall be an attorney admitted to the practice of law in this state and who shall carry out Section 25222 and other duties prescribed by this division or by the commission. The public advisor may be removed from office only upon the joint concurrence of four commissioners and the Governor.

history: (History: Amended by Stats. 2024, Ch. 353, Sec. 5. (AB 1533) Effective January 1, 2025.)


text: The chair of the commission shall direct the public advisor, the executive director, and other staff in the performance of their duties in conformance with the policies and guidelines established by the commission.

history: (History: Amended by Stats. 2024, Ch. 353, Sec. 6. (AB 1533) Effective January 1, 2025.)


text:
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.

history: (History: Amended by Stats. 2009, 4th Ex. Sess., Ch. 11, Sec. 10. Effective July 28, 2009.)


text: The provisions specifying any power or duty of the commission shall be liberally construed, in order to carry out the objectives of this division.


text: 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.


text: 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.


text: 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.


text: The public advisor shall ensure 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 public advisor shall ensure that timely and complete notice of commission meetings and public hearings is disseminated to all interested groups and to the public at large. The public advisor shall also advise interested groups and the public as to effective ways of participating in the commission’s proceedings. The public advisor shall recommend to the commission additional measures to ensure open consideration and public participation in energy planning, site and facility certification, energy conservation, and emergency allocation proceedings.

history: (History: Amended by Stats. 2024, Ch. 353, Sec. 7. (AB 1533) Effective January 1, 2025.)


text: 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.

history: (History: 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.)


text:
(a) 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.

(b) The commission may take official notice in a proceeding of any document, record, report, material, fact, or other information submitted to, or resulting from, a proceeding of the Public Utilities Commission if all parties to the proceeding in which official notice is being taken are given a reasonable opportunity, upon request, to refute the officially noticed matters, by evidence, or by written or oral presentation of authority, in a manner determined appropriate by the commission.

history: (History: Amended by Stats. 2024, Ch. 353, Sec. 8. (AB 1533) Effective January 1, 2025.)


text:
(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).

history: (History: Added by Stats. 1995, Ch. 609, Sec. 4. Effective January 1, 1996.)


text:
(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).

history: (History: Added by Stats. 2004, Ch. 227, Sec. 92. Effective August 16, 2004.)


text:
(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.

history: (History: Amended by Stats. 2021, Ch. 732, Sec. 2. (SB 589) Effective January 1, 2022.)


text:
(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.

history: (History: Added by Stats. 2015, Ch. 583, Sec. 1. (AB 865) Effective January 1, 2016.)


text:
(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.

history: (History: Added by Stats. 2018, Ch. 368, Sec. 3. (SB 1000) Effective January 1, 2019.)


text:
(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.

history: (History: Amended by Stats. 2024, Ch. 80, Sec. 114. (SB 1525) Effective January 1, 2025. Repealed as of January 1, 2035, by its own provisions.)


text:
(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.

history: (History: Added by Stats. 2020, Ch. 271, Sec. 2. (AB 1657) Effective January 1, 2021.)


text:
(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.

history: (History: Added by Stats. 2022, Ch. 239, Sec. 2. (SB 846) Effective September 2, 2022.)


text:
(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.

history: (History: Added by Stats. 2022, Ch. 239, Sec. 3. (SB 846) Effective September 2, 2022.)


text:
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.

history: (History: Amended by Stats. 2022, Ch. 346, Sec. 3. (AB 2075) Effective January 1, 2023.)


text:
(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.

history: (History: Added by Stats. 2022, Ch. 834, Sec. 1. (SB 1112) Effective January 1, 2023. Repealed as of January 1, 2028, by its own provisions.)


text:
(a) The Legislature finds and declares that clean and reliable energy is essential to the health of the California economy and of vital importance to the health and welfare of the citizens of the state and to the environment.

(b) The Legislature further finds and declares that government has an essential role to ensure that a reliable supply of energy is provided consistent with protection of public health and safety, promotion of the general welfare, maintenance of a sound economy, conservation of resources, and preservation of environmental quality.

(c) The Legislature further finds and declares that the state government requires at all times a complete and thorough understanding of the operation of energy markets, including electricity, natural gas, petroleum, and alternative energy sources, to enable it to respond to possible shortages, price shocks, oversupplies, or other disruptions.

(d) The Legislature further finds and declares that timely reporting, assessment, forecasting, and data collection activities are essential to serve the information and policy development needs of the Governor, the Legislature, public agencies, market participants, and the public.

(e) The Legislature further finds and declares that one of the objectives of this act is to encourage cooperation among the various state agencies with energy responsibilities.

history: (History: Repealed and added by Stats. 2002, Ch. 568, Sec. 2. Effective January 1, 2003.)

chapter: 4. Integrated Energy Policy Reporting

path: 15. ENERGY CONSERVATION AND DEVELOPMENT > 4. Integrated Energy Policy Reporting


text:
(a) At least every two years, the commission shall conduct assessments and forecasts of all aspects of energy industry supply, production, transportation, delivery and distribution, demand, and prices. The commission shall use these assessments and forecasts to develop and evaluate energy policies and programs that conserve resources, protect the environment, ensure energy reliability, enhance the state’s economy, and protect public health and safety. To perform these assessments and forecasts, the commission may require the submission of demand forecasts, resource plans, market assessments, related outlooks, individual customer historic electric or gas service usage, or both, and individual customer historic billing data, in a format and level of granularity specified by the commission from electric and natural gas utilities, transportation fuel and technology suppliers, and other market participants. These assessments and forecasts shall be done in consultation with the appropriate state and federal agencies, including, but not limited to, the Public Utilities Commission, the Public Advocate’s Office of the Public Utilities Commission, the State Air Resources Board, the Electricity Oversight Board, the Independent System Operator, the Department of Water Resources, the Department of Transportation, and the Department of Motor Vehicles. The commission shall maintain reasonable policies and procedures to protect customer information from unauthorized disclosure.

(b) In developing the assessments and forecasts prepared pursuant to subdivision (a), the commission shall do all of the following:

(1) Provide information about the performance of energy industries.

(2) Develop and maintain the analytical capability sufficient to answer inquiries about energy issues from the government, market participants, and the public.

(3) Analyze, develop, and evaluate energy policies and programs.

(4) Provide an analytical foundation for regulatory and policy decisionmaking.

(5) Facilitate efficient and reliable energy markets.

history: (History: Amended by Stats. 2018, Ch. 611, Sec. 1. (SB 1374) Effective January 1, 2019.)


text:
(a) Beginning November 1, 2003, and every two years thereafter, the commission shall adopt an integrated energy policy report. This integrated report shall contain an overview of major energy trends and issues facing the state, including, but not limited to, supply, demand, pricing, reliability, efficiency, and impacts on public health and safety, the economy, resources, and the environment. The integrated energy policy report shall present policy recommendations based on an in-depth and integrated analysis of the most current and pressing energy issues facing the state. The analyses supporting this integrated energy policy report shall explicitly address interfuel and intermarket effects to provide a more informed evaluation of potential tradeoffs when developing energy policy across different markets and systems.

(b) The integrated energy policy report shall include an assessment and forecast of system reliability and the need for resource additions, efficiency, and conservation that considers all aspects of energy industries and markets that are essential for the state economy, general welfare, public health and safety, energy diversity, and protection of the environment. This assessment shall be based on the determinations made pursuant to this chapter.

(c) Beginning November 1, 2004, and every two years thereafter, the commission shall prepare an energy policy review to update analyses from the integrated energy policy report prepared pursuant to subdivisions (a) and (b), or to raise energy issues that have emerged since the release of the integrated energy policy report. The commission may also periodically prepare and release technical analyses and assessments of energy issues and concerns to provide timely and relevant information for the Governor, the Legislature, market participants, and the public.

(d) In the preparation of the report, the commission shall consult with the following entities: the Public Utilities Commission, the Public Advocate’s Office of the Public Utilities Commission, the State Air Resources Board, the Electricity Oversight Board, the Independent System Operator, the Department of Water Resources, the Department of Transportation, and the Department of Motor Vehicles, and any federal, state, and local agencies it deems necessary in preparation of the integrated energy policy report. To assure the collaborative development of state energy policies, these agencies shall make a good faith effort to provide data, assessment, and proposed recommendations for review by the commission.

(e) The commission shall provide the report to the Public Utilities Commission, the Public Advocate’s Office of the Public Utilities Commission, the State Air Resources Board, the Electricity Oversight Board, the Independent System Operator, the Department of Water Resources, and the Department of Transportation. For the purpose of ensuring consistency in the underlying information that forms the foundation of energy policies and decisions affecting the state, those entities shall carry out their energy-related duties and responsibilities based upon the information and analyses contained in the report. If an entity listed in this subdivision objects to information contained in the report and has a reasonable basis for that objection, the entity shall not be required to consider that information in carrying out its energy-related duties.

(f) The commission shall make the report accessible to state, local, and federal entities and to the general public.

history: (History: Amended by Stats. 2018, Ch. 611, Sec. 2. (SB 1374) Effective January 1, 2019.)


text:
(a) For purposes of this section, the following definitions apply:

(1) “Fusion” means a reaction in which at least one heavier, more stable nucleus is produced from at least one lighter, less stable nucleus, typically through high temperatures and pressures, and emitting energy as a result.

(2) “Fusion energy” means the product of fusion reactions inside a fusion device and used to generate electricity or other commercially usable forms of energy.

(b) As part of the 2027 edition of the integrated energy policy report, the commission shall include an assessment of the potential for fusion energy to contribute to California’s power supply, including both of the following:

(1) Identification of the necessary regulatory and policy actions required to deploy fusion energy, including aneutronic fusion and deuterium and tritium reactions, within California’s energy system.

(2) Identification of state and federal investments available for fusion energy development and deployment.

(c) For purposes of the assessment described in subdivision (b), the commission shall define aneutronic fusion.

(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

history: (History: Added by Stats. 2023, Ch. 360, Sec. 2. (AB 1172) Effective January 1, 2024. Repealed as of January 1, 2029, by its own provisions.)


text:
(a) As part of each integrated energy policy report required pursuant to Section 25302, each entity that serves or plans to serve electricity to retail customers, including, but not limited to, electrical corporations, nonutility electric service providers, community choice aggregators, and local publicly owned electric utilities, shall provide the commission with its forecast of both of the following:

(1) The amount of its forecasted load that may be lost or added by any of the following:

(A) A community choice aggregator.

(B) An existing local publicly owned electric utility.

(C) A newly formed local publicly owned electric utility.

(2) Load that will be served by an electric service provider.

(b) The commission shall perform an assessment in the service territory of each electrical corporation of the loss or addition of load described in this section and submit the results of the assessment to the Public Utilities Commission.

(c) Notwithstanding subdivision (a), the commission may exempt from the forecasting requirements in that subdivision, a local publicly owned electric utility that is not planning to acquire additional load beyond its existing exclusive service territory within the forecast period provided by the commission pursuant to Section 25303.

(d) For purposes of this section, the following terms have the following meanings:

(1) “Community choice aggregator” means any “community choice aggregator” as defined in Section 331.1 of the Public Utilities Code.

(2) “Electrical corporation” means any “electrical corporation” as defined in Section 218 of the Public Utilities Code.

(3) “Electric service provider” means any “electric service provider” as defined in Section 218.3 of the Public Utilities Code.

(4) “Local publicly owned electric utility” means any “local publicly owned electric utility” as defined in Section 224.3 of the Public Utilities Code.

history: (History: Amended by Stats. 2008, Ch. 558, Sec. 2. Effective January 1, 2009.)


text: As part of the 2025 edition of the integrated energy policy report, the commission, in consultation with the Public Utilities Commission, shall assess barriers to electricity interconnection and energization and provide recommendations on how to accelerate those processes, as appropriate.

history: (History: Added by Stats. 2023, Ch. 367, Sec. 2. (AB 1373) Effective October 7, 2023.)


text: By June 1, 2023, the commission, in consultation with the Public Utilities Commission and the Independent System Operator, shall adopt a goal for load shifting to reduce net peak electrical demand and shall adjust this target in each biennial integrated energy policy report prepared pursuant to Section 25302 thereafter. In developing this target, the commission shall consider the findings of the 2020 Lawrence Berkeley National Laboratory report on the Shift Resource through 2030 and other relevant research. The commission, in consultation with the Public Utilities Commission and the Independent System Operator, shall recommend policies to increase demand response and load shifting that do not increase greenhouse gas emissions or increase electric rates.

history: (History: Added by Stats. 2022, Ch. 239, Sec. 4. (SB 846) Effective September 2, 2022.)


text:
(a) As part of the report prepared pursuant to Section 25302, the commission shall conduct electricity and natural gas forecasting and assessment activities, including, but not limited to, all of the following:

(1) Assessment of trends in electricity and natural gas supply and demand, and the outlook for wholesale and retail prices for commodity electricity and natural gas under current market structures and expected market conditions.

(2) Forecasts of statewide and regional electricity and natural gas demand, including annual, seasonal, and peak demand, and the factors leading to projected demand growth, including, but not limited to, projected population growth, urban development, industrial expansion and energy intensity of industries, energy demand for different building types, energy efficiency, and other factors influencing demand for electricity. With respect to long-range forecasts of the demand for natural gas, the report shall include an evaluation of average conditions, as well as best- and worst-case scenarios, and an evaluation of the impact of the increasing use of renewable resources on natural gas demand.

(3) Evaluation of the adequacy of electricity and natural gas supplies to meet forecasted demand growth. Assessment of the availability, reliability, and efficiency of the electricity and natural gas infrastructure and systems, including, but not limited to, natural gas production capability both in and out of state, natural gas interstate and intrastate pipeline capacity, storage and use, and western regional and California electricity and transmission system capacity and use.

(4) Evaluation of potential impacts of electricity and natural gas supply, demand, and infrastructure and resource additions on the electricity and natural gas systems, public health and safety, the economy, resources, and the environment.

(5) Evaluation of the potential impacts of electricity and natural gas load management efforts, including end-user response to market price signals, as a means to ensure reliable operation of electricity and natural gas systems.

(6) Evaluation of whether electricity and natural gas markets are adequately meeting public interest objectives including the provision of all of the following: economic benefits; competitive, low-cost reliable services; customer information and protection; and environmentally sensitive electricity and natural gas supplies. This evaluation may consider the extent to which California is an element within western energy markets, the existence of appropriate incentives for market participants to provide supplies and for consumers to respond to energy prices, appropriate identification of responsibilities of various market participants, and an assessment of long-term versus short-term market performance. To the extent this evaluation identifies market shortcomings, the commission shall propose market structure changes to improve performance.

(7) Identification of impending or potential problems or uncertainties in the electricity and natural gas markets, potential options and solutions, and recommendations.

(b) Commencing November 1, 2003, and every two years thereafter, to be included in the integrated energy policy report prepared pursuant to Section 25302, the commission shall assess the current status of the following:

(1) The environmental performance of the electric generation facilities of the state, to include all of the following:

(A) Generation facility efficiency.

(B) Air emission pollution control technologies in use in operating plants.

(C) The extent to which recent resource additions have, and expected resource additions are likely to, displace or reduce the operation of existing facilities, including the environmental consequences of these changes.

(2) The geographic distribution of statewide environmental, efficiency, and socioeconomic benefits and drawbacks of existing generation facilities, including, but not limited to, the impacts on natural resources including wildlife habitat, air quality, and water resources, and the relationship to demographic factors. The assessment shall describe the socioeconomic and demographic factors that existed when the facilities were constructed and the current status of these factors. In addition, the report shall include how expected or recent resource additions could change the assessment through displaced or reduced operation of existing facilities.

(c) The commission, in consultation with the Public Utilities Commission, shall make all reasonable adjustments to its energy demand forecasts conducted pursuant to Sections 25301 and 25302 to account for its findings of market conditions and existing baselines, and, in making those adjustments, may consider the results from subdivisions (b) and (d) of Section 381.2 of the Public Utilities Code.

history: (History: Amended by Stats. 2018, Ch. 611, Sec. 3. (SB 1374) Effective January 1, 2019.)


text:
As a part of the report prepared pursuant to Section 25302, the commission shall conduct transportation forecasting and assessment activities, including, but not limited to:

(a) Assessment of trends in transportation fuels, technologies, and infrastructure supply and demand and the outlook for wholesale and retail prices for petroleum, petroleum products, and alternative transportation fuels under current market structures and expected market conditions.

(b) Forecasts of statewide and regional transportation energy demand, both annual and seasonal, and the factors leading to projected demand growth including, but not limited to, projected population growth, urban development, vehicle miles traveled, the type, class, and efficiency of personal vehicles and commercial fleets, and shifts in transportation modes.

(c) Evaluation of the sufficiency of transportation fuel supplies, technologies, and infrastructure to meet projected transportation demand growth. Assessment of crude oil and other transportation fuel feedstock supplies; in-state, national, and worldwide production and refining capacity; product output storage availability; and transportation and distribution systems capacity and use.

(d) Assessments of the risks of supply disruptions, price shocks, or other events and the consequences of these events on the availability and price of transportation fuels and effects on the state’s economy.

(e) Evaluation of the potential for needed changes in the state’s energy shortage contingency plans to increase production and productivity, improve efficiency of fuel use, increase conservation of resources, and other actions to maintain sufficient, secure, and affordable transportation fuel supplies for the state.

(f) Evaluation of alternative transportation energy scenarios, in the context of least environmental and economic costs, to examine potential effects of alternative fuels usage, vehicle efficiency improvements, and shifts in transportation modes on public health and safety, the economy, resources, the environment, and energy security.

(g) Examination of the success of the introduction, prices, and availability of advanced transportation technologies, low- or zero-emission vehicles, and clean-burning transportation fuels, including their potential future contributions to air quality, energy security, and other public interest benefits.

(h) Recommendations to improve the efficiency of transportation energy use, reduce dependence on petroleum fuels, decrease environmental impacts from transportation energy use, and contribute to reducing congestion, promoting economic development, and enhancing energy diversity and security.

history: (History: Amended by Stats. 2018, Ch. 611, Sec. 5. (SB 1374) Effective January 1, 2019.)


text:
The commission shall rely upon forecasting and assessments performed in accordance with Sections 25301 to 25304, inclusive, as the basis for analyzing the success of and developing policy recommendations for public interest energy strategies. Public interest energy strategies include, but are not limited to, achieving energy efficiency and energy conservation; implementing load management; pursuing research, development, demonstration, and commercialization of new technologies; promoting renewable generation technologies; reducing statewide greenhouse gas emissions and addressing the impacts of climate change on California; stimulating California’s energy-related business activities to contribute to the state’s economy; and protecting and enhancing the environment. Additional assessments to address public interest energy strategies shall include, but are not limited to, all of the following:

(a) Identification of emerging trends in energy efficiency in the residential, commercial, industrial, agricultural, and transportation sectors of the state’s economy, including, but not limited to, evaluation of additional achievable energy efficiency measures and technologies. Identification of policies that would permit fuller realization of the potential for energy efficiency, either through direct programmatic actions or facilitation of the market.

(b) Identification of emerging trends in the renewable energy industry. In addition, the commission shall evaluate progress in ensuring the operation of existing facilities, and the development of new and emerging, in-state renewable resources.

(c) Identification of emerging trends in energy research, development, and demonstration activities that advance science or technology to produce public benefits.

(d) Identification of progress in reducing statewide greenhouse gas emissions and addressing the effects of climate change on California.


text: The commission shall report to the Legislature, to be included in each integrated energy policy report prepared pursuant to Section 25302, regarding the progress made by each local publicly owned electric utility serving end-use customers in meeting the requirements of Section 9620 of the Public Utilities Code.

history: (History: Added by Stats. 2012, Ch. 606, Sec. 1. (AB 2227) Effective January 1, 2013.)


text: The commission shall include a summary of the information reported pursuant to subdivision (d) of Section 9505 of the Public Utilities Code in the integrated energy policy report prepared pursuant to Section 25302. The commission shall also include, for each local publicly owned electric utility, a comparison of the local publicly owned electric utility’s annual targets established in accordance with that section, and the local publicly owned electric utility’s actual energy efficiency savings and demand reductions. If the commission determines that improvements can be made in either the level of a local publicly owned electric utility’s annual targets to achieve all cost-effective, reliable, and feasible energy savings and demand reductions and to enable local publicly owned electric utilities, in the aggregate, to achieve statewide targets established pursuant to Section 25310, or in meeting each local publicly owned electric utility’s annual targets, the commission shall provide recommendations to the local publicly owned electric utility, the Legislature, and the Governor on those improvements.

history: (History: Added by Stats. 2012, Ch. 606, Sec. 2. (AB 2227) Effective January 1, 2013.)


text:
(a) The commission shall timely incorporate firm zero-carbon resources into the integrated energy policy report prepared pursuant to Section 25302.

(b) For purposes of this section, “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.

history: (History: Amended by Stats. 2024, Ch. 353, Sec. 12. (AB 1533) Effective January 1, 2025.)