AB 36: Eligible fuel cell electrical generating facilities: energy metering.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, as defined. Existing law establishes a specified energy metering program that is available to an eligible fuel cell customer-generator, as defined. A fuel cell electrical generating facility is eligible for the program if it has a capacity of not more than 5 megawatts. Existing law requires that an electrical corporation file with the commission a standard tariff providing for this energy metering for eligible fuel cell customer-generators and make the tariff available to eligible fuel cell customer-generators upon request, on a first-come-first-served basis, until the total cumulative rated generating capacity of the eligible fuel cell electrical generating facilities receiving service pursuant to the tariff reaches a specified level. Existing law provides that a fuel cell electrical generating facility is not eligible for the tariff unless it commences operation on or before December 31, 2021.

This bill would change eligible fuel cell electrical generating facility to eligible electrical generating facility and would additionally make eligible a facility that electromechanically converts fuel to electricity for purposes of the above-described energy metering program. The bill would make conforming and nonsubstantive changes.

Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime.

Because the program that is expanded under the provisions of this bill would be implemented through a decision or order of the commission, a violation of these provisions would impose a state-mandated local program by expanding the application of a crime.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.