AB 982: Public Utilities Public Purpose Programs Fund.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-03-27
Current Status:
Failed
(2024-02-01: From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill creates a new state Public Utilities Public Purpose Programs Fund and shifts payment for many utility "public purpose" energy programs — now charged to electricity customers — to the state budget, affecting utilities, ratepayers, and taxpayers. The Public Utilities Commission would use the fund to pay for programs such as energy efficiency, renewable and self‑generation incentives, regional energy network programs, home insulation support, and food‑bank rate assistance, but it excludes the CARE (California Alternate Rates for Energy) and Family Electric Rate Assistance programs.
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Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Under existing law, the commission administers, or otherwise oversees, various public purpose programs, including energy efficiency and conservation programs, cost-effective energy efficiency programs, the Family Electric Rate Assistance program, the California Alternate Rates for Energy (CARE) program, rate assistance programs for eligible food banks, and home insulation financial assistance programs. Under existing law, those programs are generally funded through a charge on electrical service, which is collected through customer rates.
This bill would establish the Public Utilities Public Purpose Programs Fund, and would, upon appropriation, require the commission to allocate the moneys in the fund for purposes of funding the Family Electric Rate Assistance program, programs funded through an electrical corporations public purpose program rate component as of December 31, 2023, including the CARE program, and other programs determined by the commission to provide public benefits, except the Family Electric Rate Assistance program and the CARE program, as specified.
Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.
Because certain of the above provisions would be part of the act and a violation of a commission action implementing this bills requirements would be a crime, the bill would impose a state-mandated local program.
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.
Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Under existing law, the commission administers, or otherwise oversees, various public purpose programs, including energy efficiency and conservation programs, cost-effective energy efficiency programs, the Family Electric Rate Assistance program, the California Alternate Rates for Energy (CARE) program, rate assistance programs for eligible food banks, and home insulation financial assistance programs. Under existing law, those programs are generally funded through a charge on electrical service, which is collected through customer rates.
This bill would establish the Public Utilities Public Purpose Programs Fund, and would, upon appropriation, require the commission to allocate the moneys in the fund for purposes of funding the Family Electric Rate Assistance program, programs funded through an electrical corporations public purpose program rate component as of December 31, 2023, including the CARE program, and other programs determined by the commission to provide public benefits, as specified.
Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.
Because certain of the above provisions would be part of the act and a violation of a commission action implementing this bills requirements would be a crime, the bill would impose a state-mandated local program.
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.
(a)The Legislature finds and declares all of the following:
(1)Customers of electrical corporations pay for public purpose programs through their electricity rates. These costs would more appropriately be funded by all taxpayers because the benefits accrue to society at large, not only to electrical customers or the electrical system.
(2)Electricity rates are increasing in part due to the increasing costs of state climate change mitigation policies and programs administered by electrical corporations or third parties, funded by electrical customers, and mandated by statute or by the commission to reduce consumption of electricity or to provide environmental, health, and other benefits that accrue to all taxpayers.
(3)Public purpose programs costs, such as low-income customer bill support and low-income weatherization assistance, represent a significant portion of these electricity rates and contribute to the increases in electricity rates.
(b)(1)In order to provide some electricity rate relief and to more equitably allocate the costs of programs that benefit all taxpayers, not just utility customers, it is the intent of the Legislature to appropriate General Fund moneys sufficient to pay for all certain electrical corporation public purpose programs and public purpose programs administered by third parties that are funded through electricity rates.
(2)It is the intent of the Legislature that on and after January 1, 2024, all certain current and future costs for public purpose programs funded by electrical customers, whether the program is required pursuant to the Public Utilities Code, pursuant to other statutes, or by order or decision of the Public Utilities Commission, be authorized for recovery through the General Fund.
SEC. 2.Section 25711 of the Public Resources Code is amended to read:25711.For purposes of implementing this chapter, the Electric Program Investment Charge Fund is hereby created in the State Treasury.
(a)The commission shall administer the fund.
(b)The Controller shall, as directed by the commission, disburse moneys in the fund for purposes of this chapter.
(c)The commission may use moneys in the fund for the administration of this chapter, as authorized by the Public Utilities Commission and appropriated by the Legislature in the annual Budget Act.
SEC. 3.Section 318 is added to the Public Utilities Code, to read:318.(a)(1)For purposes of this section, public purpose programs means all of the following programs: programs, except as specified in paragraph (2):
(1)The Family Electric Rate Assistance program described in Section 739.12.(2)(A)The programs funded through an electrical corporations public purpose program rate component as of December 31, 2023, including, but not limited to, the California Alternative Rates for Energy (CARE) program established pursuant to Section 739.1. 2023.
(3)(B)Other programs determined by the commission, based on a record developed in an open proceeding before the commission through which electrical corporations and other parties have an opportunity to participate, to provide public benefits.
(2)Public purpose programs does not include the Family Electric Rate Assistance program described in Section 739.12 or the California Alternate Rates for Energy (CARE) program established pursuant to Section 739.1.
(b)In order to ensure that the residents of this state continue to receive safe, reliable, affordable, and environmentally sustainable electrical service, it is the policy of this state and the intent of the Legislature that low-income bill support continue to be provided and that prudent investments in energy efficiency, renewable energy, research, development, and demonstration continue to be made.
(c)The Public Utilities Public Purpose Programs Fund is hereby established in the State Treasury.
(d)Upon appropriation, the moneys in the Public Utilities Public Purpose Programs Fund shall be allocated by the commission for purposes of the public purpose programs.
(e)In implementing this section, the commission shall consider the continuity of the public purpose programs and minimizing customer disruptions.
(f)Upon appropriation, all programs administered by electrical regional energy networks shall be funded through the Public Utilities Public Purpose Programs Fund.
SEC. 4.Section 327 of the Public Utilities Code is amended to read:327.(a)The electrical corporations and gas corporations that participate in the California Alternate Rates for Energy (CARE) program, as established pursuant to Section 739.1, shall administer low-income energy efficiency and rate assistance programs described in Sections 382, 739.1, 739.2, and 2790, subject to commission oversight. In administering the programs described in Section 2790, the electrical corporations and gas corporations, to the extent practicable, shall do all of the following:(1)Continue to leverage CARE program funds with funds available from other state and federal sources.(2)Work with state and local agencies, community-based organizations, and other entities to ensure efficient and effective delivery of programs.(3)Encourage local employment and job skill development.(4)Maximize the participation of eligible participants.(5)Work to reduce consumers electric and gas consumption, and bills.(6)For electrical corporations, target energy efficiency and solar programs to upper-tier and multifamily customers in a manner that will result in long-term permanent reductions in electricity usage at the dwelling units, and develop programs that specifically target nonprofit affordable housing providers, including programs that promote weatherization of existing dwelling units and replacement of inefficient appliances.(7)For gas corporations, allocate the costs of the CARE program on an equal cents per kilowatt hour or equal cents per therm basis to all classes of customers that were subject to the surcharge that funded the program on January 1, 2008.(b)If the commission requires low-income energy efficiency programs to be subject to competitive bidding, the electrical and gas corporations described in subdivision (a), as part of their bid evaluation criteria, shall consider both cost-of-service criteria and quality-of-service criteria. The bidding criteria, at a minimum, shall recognize all of the following factors:(1)The bidders experience in delivering programs and services, including, but not limited to, weatherization, appliance repair and maintenance, energy education, outreach and enrollment services, and bill payment assistance programs to targeted communities.(2)The bidders knowledge of the targeted communities.(3)The bidders ability to reach targeted communities.(4)The bidders ability to use and employ people from the local area.(5)The bidders general contractors license and evidence of good standing with the Contractors State License Board.(6)The bidders performance quality as verified by the funding source.(7)The bidders financial stability.(8)The bidders ability to provide local job training.(9)Other attributes that benefit local communities.(c)Notwithstanding subdivision (b), the commission may modify the bid criteria based upon public input from a variety of sources, including representatives from low-income communities and the program administrators identified in subdivision (b), in order to ensure the effective and efficient delivery of high quality low-income energy efficiency programs.SEC. 5.SEC. 4.Section 379.6 of the Public Utilities Code is amended to read:379.6.(a)(1)It is the intent of the Legislature that the self-generation incentive program increase deployment of distributed generation and energy storage systems to facilitate the integration of those resources into the electrical grid, improve efficiency and reliability of the distribution and transmission system, and reduce emissions of greenhouse gases, peak demand, and ratepayer costs. It is the further intent of the Legislature that the commission, in future proceedings, provide for an equitable distribution of the costs and benefits of the program.
(2)For gas corporations, the commission, in consultation with the Energy Commission, may authorize the annual collection of not more than double the amount authorized for the self-generation incentive program in the 2008 calendar year, through December 31, 2024.
(3)(A)For electrical corporations, the commission, in consultation with the Energy Commission, may authorize the annual allocation from the Public Utilities Public Purpose Programs Fund of not more than double the amount authorized for the self-generation incentive program in the 2008 calendar year, through December 31, 2024.
(B)The commission shall require the administration of the program for distributed energy resources originally established pursuant to Chapter 329 of the Statutes of 2000 until January 1, 2026.
(C)On January 1, 2026, the commission shall provide repayment of all unallocated funds collected pursuant to this section to reduce ratepayer costs, unless those unallocated funds originated from the Public Utilities Public Purpose Programs Fund in which case those unallocated funds shall be credited to the Public Utilities Public Purpose Programs Fund.
(b)(1)Eligibility for incentives under the self-generation incentive program that are funded through paragraphs paragraph (2) or (3) of subdivision (a) shall be limited to distributed energy resources that the commission, in consultation with the State Air Resources Board, determines will achieve reductions in emissions of greenhouse gases pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code).
(2)On or before July 1, 2015, the commission shall update the factor for avoided greenhouse gas emissions based on both the most recent data available to the State Air Resources Board for greenhouse gas emissions from electricity sales in the self-generation incentive program administrators service areas and current estimates of greenhouse gas emissions over the useful life of the distributed energy resource, including consideration of the effects of the California Renewables Portfolio Standard.
(3)The commission shall adopt requirements for energy storage systems to ensure that eligible energy storage systems reduce the emissions of greenhouse gases.
(c)Eligibility for the funding of any combustion-operated distributed generation projects using fossil fuel is subject to all of the following conditions:
(1)An oxides of nitrogen (NOx) emissions rate standard of 0.07 pounds per megawatthour and a minimum efficiency of 60 percent, or any other NOx emissions rate and minimum efficiency standard adopted by the State Air Resources Board. A minimum efficiency of 60 percent shall be measured as useful energy output divided by fuel input. The efficiency determination shall be based on 100-percent load.
(2)Combined heat and power units that meet the 60-percent efficiency standard may take a credit to meet the applicable NOx emissions standard of 0.07 pounds per megawatthour. Credit shall be at the rate of one megawatthour for each 3,400,000 British thermal units (Btus) of heat recovered.
(3)The customer receiving incentives shall adequately maintain and service the combined heat and power units so that during operation the system continues to meet or exceed the efficiency and emissions standards established pursuant to paragraphs (1) and (2).
(4)Notwithstanding paragraph (1), a project that does not meet the applicable NOx emissions standard is eligible if it meets both of the following requirements:
(A)The project operates solely on waste gas. The commission shall require a customer that applies for an incentive pursuant to this paragraph to provide an affidavit or other form of proof that specifies that the project shall be operated solely on waste gas. Incentives awarded pursuant to this paragraph shall be subject to refund and shall be refunded by the recipient to the extent the project does not operate on waste gas. As used in this paragraph, waste gas means natural gas that is generated as a byproduct of petroleum production operations and is not eligible for delivery to the utility pipeline system.
(B)The air quality management district or air pollution control district, in issuing a permit to operate the project, determines that operation of the project will produce an onsite net air emissions benefit compared to permitted onsite emissions if the project does not operate. The commission shall require the customer to secure the permit before receiving incentives.
(d)In determining the eligibility for the self-generation incentive program, minimum system efficiency shall be determined either by calculating electrical and process heat efficiency as set forth in Section 216.6, or by calculating overall electrical efficiency.
(e)Eligibility for incentives under the self-generation incentive program shall be limited to distributed energy resource technologies that the commission determines meet all of the following requirements:
(1)The distributed energy resource technology shifts onsite energy use to off-peak time periods or reduces demand from the grid by offsetting some or all of the customers onsite energy load, including, but not limited to, net peak electric load.
(2)The distributed energy resource technology is commercially available.
(3)The distributed energy resource technology safely uses the existing transmission and distribution system.
(4)The distributed energy resource technology improves air quality by reducing criteria air pollutants.
(f)Recipients of the self-generation incentive program funds shall provide relevant data to the commission and the State Air Resources Board, upon request, and shall be subject to onsite inspection to verify equipment operation and performance, including capacity, thermal output, and usage to verify criteria air pollutant and greenhouse gas emissions performance.
(g)In administering the self-generation incentive program, the commission shall determine a capacity factor for each distributed generation system energy resource technology in the program.
(h)(1)In administering the self-generation incentive program, the commission may adjust the amount of incentives and evaluate other public policy interests, including, but not limited to, ratepayers, energy efficiency, peak load reduction, load management, and environmental interests.
(2)The commission shall consider the relative amount and the cost of greenhouse gas emissions reductions, peak demand reductions, system reliability benefits, and other measurable factors when allocating program funds between eligible technologies.
(i)The commission shall ensure that distributed generation resources are made available in the self-generation incentive program for all ratepayers.
(j)In administering the self-generation incentive program, the commission shall provide an additional incentive of 20 percent from existing program funds for the installation of eligible distributed generation resources manufactured in California.
(k)The costs of the self-generation incentive program shall not be recovered from customers participating in the California Alternate Rates for Energy (CARE) program.
(l)The commission shall evaluate the overall success and impact of the self-generation incentive program based on the following performance measures:
(1)The amount of reductions of emissions of greenhouse gases.
(2)The amount of reductions of emissions of criteria air pollutants measured in terms of avoided emissions and reductions of criteria air pollutants represented by emissions credits secured for project approval.
(3)The amount of energy reductions measured in energy value.
(4)The amount of reductions of customer peak demand.
(5)The ratio of the electricity generated by distributed energy resource generation projects receiving incentives from the self-generation incentive program to the electricity capable of being produced by those projects, commonly known as a capacity factor.
(6)The value to the electrical transmission and distribution system measured in avoided costs of transmission and distribution upgrades and replacement.
(7)The ability to improve onsite electricity reliability as compared to onsite electricity reliability before the self-generation incentive program technology was placed in service.
(m)On and after January 1, 2020, generation technologies using nonrenewable fuels shall not be eligible for incentives under the self-generation incentive program.
SEC. 6.SEC. 5.Section 381 of the Public Utilities Code is amended to read:381.(a)To ensure that the funding for the programs described in subdivision (b) and Section 382 are not commingled with other revenues, the commission shall require each electrical corporation to establish a two-way balancing an account for moneys allocated from the Public Utilities Public Purpose Programs Fund.
(b)The commission shall allocate moneys from the Public Utilities Public Purpose Programs Fund to programs that enhance electrical system reliability and provide in-state benefits as follows:
(1)Energy efficiency and conservation activities.
(2)Public interest research and development not adequately provided by competitive and regulated markets.
(3)In-state operation and development of existing and new and emerging eligible renewable energy resources, as defined in Section 399.12.
SEC. 7.SEC. 6.Section 381.1 of the Public Utilities Code is amended to read:381.1.(a)No later than July 15, 2003, the commission shall establish policies and procedures by which any party, including, but not limited to, a local entity that establishes a community choice aggregation program, may apply to become administrators for cost-effective electrical efficiency and conservation programs established pursuant to Section 381 and funded by moneys allocated from the Public Utilities Public Purpose Programs Fund. In determining whether to approve an application to become administrators and subject to an aggregators right to elect to become an administrator pursuant to subdivision (f), the commission shall consider the value of program continuity and planning certainty and the value of allowing competitive opportunities for potentially new administrators. The commission shall weigh the benefits of the partys proposed program to ensure that the program meets the following objectives:
(1)Is consistent with the goals of the existing programs established pursuant to Section 381.
(2)Advances the public interest in maximizing cost-effective electricity savings and related benefits.
(3)Accommodates the need for broader statewide or regional programs.
(b)All audit and reporting requirements established by the commission pursuant to Section 381 and other statutes shall apply to the parties chosen as administrators under this section.
(c)If a community choice aggregator is not the administrator of energy efficiency and conservation programs for which its customers are eligible, the commission shall require the administrator of cost-effective energy efficiency and conservation programs to direct a proportional share of its approved energy efficiency program activities for which the community choice aggregators customers are eligible, to the community choice aggregators territory without regard to customer class. To the extent that energy efficiency and conservation programs are targeted to specific locations to avoid or defer transmission or distribution system upgrades, the targeted expenditures shall continue irrespective of whether the loads in those locations are served by an aggregator or by an electrical corporation. The commission shall also direct the administrator to work with the community choice aggregator, to provide advance information where appropriate about the likely impacts of energy efficiency programs and to accommodate any unique community program needs by placing more, or less, emphasis on particular approved programs to the extent that these special shifts in emphasis in no way diminish the effectiveness of broader statewide or regional programs. If the community choice aggregator proposes energy efficiency programs other than programs already approved for implementation in its territory, it shall do so under established commission policies and procedures. The commission may order an adjustment to the share of energy efficiency program activities directed to a community choice aggregators territory if necessary to ensure an equitable and cost-effective allocation of energy efficiency program activities.
(d)The commission shall establish an impartial process for making the determination of whether a third party, including a community choice aggregator, may become administrators for cost-effective energy efficiency and conservation programs pursuant to subdivision (a), and shall not delegate or otherwise transfer the commissions authority to make this determination for a community choice aggregator to an electrical corporation.
(e)The impartial process established by the commission shall allow a registered community choice aggregator to elect to become the administrator of moneys allocated from the Public Utilities Public Purpose Programs Fund for cost-effective electrical efficiency and conservation programs.
(f)A community choice aggregator electing to become an administrator shall submit a plan, approved by its governing board, to the commission for the administration of cost-effective energy efficiency and conservation programs for the aggregators electrical service customers that includes funding requirements, a program description, a cost-effectiveness analysis, and the duration of the program. The commission shall certify that the plan submitted does all of the following:
(1)Is consistent with the goals of the programs established pursuant to this section and Section 399.4.
(2)Advances the public interest in maximizing cost-effective electricity savings and related benefits.
(3)Accommodates the need for broader statewide or regional programs.
(4)Includes audit and reporting requirements consistent with the audit and reporting requirements established by the commission pursuant to this section.
(5)Includes evaluation, measurement, and verification protocols established by the community choice aggregator.
(6)Includes performance metrics regarding the community choice aggregators achievement of the objectives listed in paragraphs (1) to (5), inclusive, and in any previous plan.
(g)If the commission does not certify the plan for the administration of cost-effective energy efficiency and conservation programs submitted by a community choice aggregator pursuant to subdivision (f), the community choice aggregator electing to administer these programs may submit an amended plan to the commission for certification. Moneys shall not be released to a community choice aggregator unless the commission certifies the plan pursuant to subdivision (f).
SEC. 8.SEC. 7.Section 384.5 of the Public Utilities Code is amended to read:384.5.(a)On or before March 1, 2014, the commission shall order electrical corporations to submit, on or before July 1, 2015, a tariff to be used, at the discretion of local governments, to fund energy efficiency improvements in street light poles owned by the electrical corporations to ensure reduced energy consumption for local governments who are streetlight street light customers covered by these tariffs.
(b)The tariff shall be designed to allow local governments to remit the cost of the improvement through the tariff over time, resulting in reduced energy consumption, without shifting costs to nonparticipating ratepayers. The cost of the improvement shall be identified separately rather than included within the charge for electrical service.
(c)Notwithstanding subdivision (b), the improvement performed pursuant to the tariff submitted under subdivision (a) shall be eligible for any rebate or incentives available through programs intended to increase energy efficiency that are funded by the Public Utilities Public Purpose Programs Fund.
(d)The electrical corporation that owns the street light poles shall install or otherwise make the energy efficiency improvements selected by the local government with an appropriately trained workforce in accordance with all applicable safety orders of the commission.
(e)For the purposes of this section, the following terms have the following meanings:
(1)Electrical corporation means an electrical corporation, as defined in Section 218, with at least 100,000 service connections in California.
(2)Street light pole means a pole, arm, or fixture used primarily for street, pedestrian, or security lighting.
SEC. 9.SEC. 8.Section 399.4 of the Public Utilities Code is amended to read:399.4.(a)(1)In order to ensure that prudent investments in energy efficiency continue to be made that produce cost-effective energy savings, reduce customer demand, and contribute to the safe and reliable operation of the electrical distribution grid, it is the policy of this state and the intent of the Legislature that the commission shall supervise the administration of cost-effective energy efficiency programs authorized pursuant to its statutory authority, including Sections 381, 381.1, 381.2, 381.5, 382, 384.5, 400, 454.5, 454.55, 454.56, 589, 701.1, 749, and 769, Article 10 (commencing with Section 890) of Chapter 4, and Chapter 6 (commencing with Section 2781) of Part 2.
(2)As used in this section, the term energy efficiency includes, but is not limited to, cost-effective activities to achieve peak load reduction that improve end-use efficiency, lower customers bills, and reduce system needs.
(b)(1)If a customer or contractor is the recipient of a rebate or incentive offered by a public utility for an energy efficiency improvement or installation of energy efficient components, equipment, or appliances in a building, the public utility shall provide the rebate or incentive only if the customer or contractor certifies that the improvement or installation has complied with any applicable permitting requirements, including any applicable specifications or requirements set forth in the California Building Standards Code (Title 24 of the California Code of Regulations), and, if a contractor performed the installation or improvement, that the contractor holds the appropriate license for the work performed.
(2)In addition to the requirements of paragraph (1), if a customer or contractor is the recipient of a rebate or incentive offered by a public utility for the purchase or installation of central air conditioning or a heat pump, and their related fans, the public utility shall provide the rebate or incentive only if the customer or contractor provides proof of permit closure. The public utility is not responsible for verifying the proof of permit closure documentation provided by the customer or contractor.
(3)This subdivision does not imply or create authority or responsibility, or expand existing authority or responsibility, of a public utility for the enforcement of the building energy and water efficiency standards adopted pursuant to subdivision (a) or (b) of Section 25402 of the Public Resources Code, or appliance efficiency standards and certification requirements adopted pursuant to subdivision (c) of Section 25402 of the Public Resources Code.
(4)This subdivision does not limit the authority of the commission to impose any additional requirements on a recipient of any rebate or incentive.
(c)The commission, in evaluating energy efficiency investments under its statutory authority, shall also ensure that local and regional interests, multifamily dwellings, and energy service industry capabilities are incorporated into program portfolio design and that local governments, community-based organizations, and energy efficiency service providers are encouraged to participate in program implementation where appropriate.
(d)The commission, in a new or existing proceeding, shall review and update its policies governing energy efficiency programs to facilitate achieving the targets established pursuant to subdivision (c) of Section 25310 of the Public Resources Code. In updating its policies, the commission shall, at a minimum, do all of the following:
(1)Authorize market transformation programs with appropriate levels of funding to achieve deeper energy efficiency savings.
(2)Authorize pay for performance pay-for-performance programs that link incentives directly to measured energy savings. As part of pay for performance pay-for-performance programs authorized by the commission, customers should be reasonably compensated for developing and implementing an energy efficiency plan, with a portion of their incentive reserved pending post project measurement results.
(3)Authorize programs to achieve deeper savings through operational, behavioral, and retrocommissioning activities.
(4)Ensure that customers have certainty in the values and methodology used to determine energy efficiency incentives by basing the amount of any incentives provided by gas and electrical corporations on the values and methodology contained in the executed customer agreement. Incentive payments shall be based on measured results.
SEC. 10.SEC. 9.Section 399.8 of the Public Utilities Code is amended to read:399.8.(a)In order to ensure that the citizens of this state continue to receive safe, reliable, affordable, and environmentally sustainable electric service, it is the policy of this state and the intent of the Legislature that prudent investments in energy efficiency, renewable energy, and research, development development, and demonstration shall continue to be made.
(b)(1)Moneys allocated from the Public Utilities Public Purpose Programs Fund shall be used to fund electrical efficiency, renewable energy, and research, development development, and demonstration.
(2)Local publicly owned electric utilities shall continue to collect and administer system benefits charges pursuant to Section 385.
(c)The commission and the Energy Commission shall retain and continue their oversight responsibilities as set forth in Section 381 of this code and Chapter 7.1 (commencing with Section 25620) and Chapter 8.6 (commencing with Section 25740) of Division 15 of the Public Resources Code.
(d)An applicant for the Large Nonresidential Standard Performance Contract Program funded pursuant to paragraph (1) of subdivision (b) and an electrical corporation shall promptly attempt to resolve disputes that arise related to the programs guidelines and parameters before entering into a program agreement. The applicant shall provide the electrical corporation with written notice of any dispute. Within 10 business days after receipt of the notice, the parties shall meet to resolve the dispute. If the dispute is not resolved within 10 business days after the date of the meeting, the electrical corporation shall notify the applicant of their right to file a complaint with the commission, which complaint shall describe the grounds for the complaint, injury, and relief sought. The commission shall issue its findings in response to a filed complaint within 30 business days of the date of receipt of the complaint. Before issuance of its findings, the commission shall provide a copy of the complaint to the electrical corporation, which shall provide a response to the complaint to the commission within five business days of the date of receipt. During the dispute period, the amount of estimated financial incentives shall be held in reserve until the dispute is resolved.
SEC. 11.SEC. 10.Section 399.20.3 of the Public Utilities Code is amended to read:399.20.3.(a)For purposes of this section, the following definitions apply:
(1)Bioenergy has the same meaning as set forth in paragraph (6) of subdivision (f) of Section 399.20.
(2)Tier 1 high hazard zone includes areas where wildlife and falling trees threaten electrical transmission and distribution lines, roads, and other evacuation corridors, critical community infrastructure, or other existing structures, as designated by the Department of Forestry and Fire Protection pursuant to the Proclamation of a State of Emergency on Tree Mortality declared by the Governor on October 30, 2015.
(3)Tier 2 high hazard zone includes watersheds that have significant tree mortality combined with community and natural resource assets, as designated by the Department of Forestry and Fire Protection pursuant to the Proclamation of a State of Emergency on Tree Mortality declared by the Governor on October 30, 2015.
(b)(1)In addition to the requirements of subdivision (f) of Section 399.20, by December 1, 2023, electrical corporations shall collectively procure, through financial commitments of 5 to 15 years, inclusive, their proportionate share of 125 megawatts of cumulative rated generating capacity from existing bioenergy projects that commenced operations before June 1, 2013. At least 80 percent of the feedstock of an eligible facility, on an annual basis, shall be a byproduct of sustainable forestry management, which includes removal of dead and dying trees from Tier 1 and Tier 2 high hazard zones and is not that from lands that have been clear cut. At least 60 percent of this feedstock shall be from Tier 1 and Tier 2 high hazard zones.
(2)Paragraph (1) shall not apply to a utility subject to subdivision (g) if both of the following apply:
(A)The utility, either directly or through a joint powers authority, entered into five-year financial commitments for its proportionate share of 125 megawatts of cumulative rated generating capacity from existing bioenergy projects pursuant to this section as it was enacted by Chapter 368 of the Statutes of 2016.
(B)The utilitys financial commitments referenced in subparagraph (A) include, (1) include: (i) a contract with a facility operator that was, on June 1, 2022, in a bankruptcy or other insolvency proceeding, proceeding; or (2) (ii) a contract for a project that does not deliver energy to the utility.
(c)For the purpose of contracts entered into pursuant to subdivision (b), commission Resolution E-4770 (March 17, 2016), and commission Resolution E-4805 (October 13, 2016), Tier 1 and Tier 2 high hazard zone fuel or feedstock shall also include biomass fuels removed from fuel reduction operations exempt from timber harvesting plan requirements pursuant to subdivisions (a), (f), (j), and (k) of Section 4584 of the Public Resources Code.
(d)The commission shall require an electrical corporation that has entered into a contract pursuant to subdivision (b), commission Resolution E-4770 (March 17, 2016), or commission Resolution E-4805 (October 13, 2016) to allow fuel or feedstock reporting requirements to be based on a monthly or annual basis, and a bioenergy facility providing generation pursuant to that contract shall have the right to opt out of the mandated fuel or feedstock usage levels in any particular month upon providing written notice to the electrical corporation in the month of operation. For months in which a bioenergy facility opts out of the mandated fuel or feedstock usage levels or misses the mandated fuel or feedstock targets, that facility shall be paid the alternate price adopted by the commission in commission Resolution E-4770 for all megawatthours generated during that month. Contracts shall continue in force through the end of the contracted term without creating an event of default for missing mandated fuel or feedstock usage levels and without giving rise to a termination right in favor of the electrical corporation.
(e)(1)For each electrical corporation, the commission shall allocate its proportionate share of the 125 megawatts based on the ratio of the electrical corporations peak demand to the total statewide peak demand.
(2)Procurement by an electrical corporation of generation capacity pursuant to a contract under the commissions Resolution E-4770 (March 17, 2016) that is in excess of the requirement of that electrical corporation under that resolution shall count towards meeting the electrical corporations proportionate share allocated pursuant to paragraph (1).
(f)The commission may direct each electrical corporation to develop standard contract terms and conditions that reflect the operational characteristics of the bioenergy projects and to provide a streamlined contracting process or may require the electrical corporations to use the mechanism established pursuant to the commissions Resolution E-4770 (March 17, 2016) to meet the requirements of subdivision (e). The procurement pursuant to the developed standard contract shall occur on an expedited basis due to the Proclamation of a State of Emergency on Tree Mortality declared by the Governor on October 30, 2015.
(g)A local publicly owned electric utility serving more than 100,000 customers shall procure its proportionate share, based on the ratio of the utilitys peak demand to the total statewide peak demand, of 125 megawatts of cumulative rated capacity from existing bioenergy projects described in subdivision (b) subject to terms of at least five years.
(h)The Procurement Review Group within the commission shall advise the commission on the cost of the generation procured pursuant to this section.
(i)For purposes of this section, any incremental procurement of electricity products from bioenergy resources by a new contract or contract extension of five years or longer in duration shall be from a resource that meets emission limits equivalent to, or more stringent than, the applicable best available retrofit control technology, as determined by the local air pollution control district or air quality management district. The determination shall be made before the start of the operating period under the new contract or contract extension.
SEC. 12.SEC. 11.Section 589 of the Public Utilities Code is amended to read:589.(a)In an existing or new proceeding, the commission shall require electrical and gas corporations to cooperate in establishing a single internet website available to the public that provides up-to-date information, updated no less frequently than once every 30 days, regarding energy efficiency assistance programs that are funded through the Public Utilities Public Purpose Programs Fund for purposes of electrical corporations, and that are funded through ratepayers for purposes of gas corporations, to the extent the information is available, in an aggregate format that would not provide identifying information about individual customers of the electrical and gas corporations, include all of the following:
(1)The types of energy efficiency measures installed.
(2)The ZIP Code location of each customer receiving energy efficiency assistance pursuant to this section.
(3)The amount of funds expended at each ZIP Code location.
(4)The expected annual energy savings and reduced energy usage expected in kilowatthours or therms.
(b)(1)The commission shall order the electrical and gas corporations to establish, based on data, energy efficiency assistance program reports on program totals, geographical and monthly statistics, cost distribution, and progress toward program goals pursuant to this section.
(2)The electrical and gas corporations shall make the reports available on the internet website established pursuant to subdivision (a).
(c)The commission shall require the electrical and gas corporations to publish data, including the amount expended, on the energy efficiency assistance programs that are not direct retrofits, including, but not limited to, research on building and appliance standards and marketing and outreach, on the internet website established pursuant to subdivision (a).
(d)The commission shall take steps necessary to ensure the internet website established pursuant to subdivision (a) is available to the public on or before June 1, 2014.
(e)The commission shall have a link to the internet website established pursuant to subdivision (a) on the commissions internet website and require the electrical and gas corporations to have a link to the internet website established pursuant to subdivision (a) on the appropriate page of the internet website of each electrical and gas corporation.
SEC. 13.SEC. 12.Section 718 of the Public Utilities Code is amended to read:718.(a)(1) The commission shall develop policies, rules, or regulations with a goal of reducing, by January 1, 2024, the statewide level of gas and electric service disconnections for nonpayment by residential customers, including policies, rules, or regulations specific to the four gas and electrical corporations that have the greatest number of customers. The commission shall convene stakeholders, including, but not limited to, public health officials, consumer advocates, and organizations representing low-income communities, to assist with the development of the policies, rules, or regulations.
(2)Costs of the Arrearage Management Program established pursuant to commission Decision 20-06-003 (June 11, 2020), Phase 1 Decision Adopting Rules and Policy Changes to Reduce Residential Customer Disconnections for the Larger California-Jurisdictional Energy Utilities, shall be allocated from the Public Utilities Public Purpose Programs Fund established in Section 318.
(3)Costs of a Percentage of Income Payment Plan pilot program established pursuant to commission Decision 21-10-012 (October 7, 2021), Decision Authorizing Percentage of Income Payment Plan Pilot Programs, shall be allocated from the Public Utilities Public Purpose Programs Fund established in Section 318.
(b)(1)In each gas and electrical corporation general rate case, the commission shall do both of the following:
(A)Designate the impact of any proposed increase in rates on disconnections for nonpayment as an issue in the scope of the proceeding.
(B)Conduct an assessment of and properly identify the impact of any proposed increase in rates on disconnections for nonpayment, which shall be included in the record of the proceeding.
(2)The commission shall adopt residential utility disconnections for nonpayment as a metric and incorporate the metric into each gas and electrical corporation general rate case.
SEC. 14.Section 739.1 of the Public Utilities Code is amended to read:739.1.(a)The commission shall continue a program of assistance to low-income electricity and gas customers with annual household incomes that are no greater than 200 percent of the federal poverty guideline levels, the cost of which shall not be borne solely by any single class of customer. For one-person households, program eligibility shall be based on two-person household guideline levels. The program shall be referred to as the California Alternate Rates for Energy or CARE program. The commission shall ensure that the level of discount for low-income electricity and gas customers correctly reflects the level of need.(b)The portion of the CARE program applicable to electricity customers shall be funded by moneys allocated from the Public Utilities Public Purpose Programs Fund.(c)The commission shall establish rates for CARE program participants, subject to both of the following:(1)That the commission ensure that low-income ratepayers are not jeopardized or overburdened by monthly energy expenditures, pursuant to subdivision (b) of Section 382.(2)That the level of the discount for low-income electricity and gas ratepayers correctly reflects the level of need as determined by the needs assessment conducted pursuant to subdivision (d) of Section 382.(d)In establishing CARE discounts for an electrical corporation with 100,000 or more customer accounts in California, the commission shall ensure all of the following:(1)The average effective CARE discount shall not be less than 30 percent or more than 35 percent of the revenues that would have been produced for the same billed usage by non-CARE customers. The average effective discount determined by the commission shall not reflect any charges for which CARE customers are exempted, discounts to fixed charges or other rates paid by non-CARE customers, or bill savings resulting from participation in other programs, including the medical baseline allowance pursuant to subdivision (c) of Section 739. The average effective CARE discount shall be calculated as a weighted average of the CARE discounts provided to individual customers.(2)If an electrical corporation provides an average effective CARE discount in excess of the maximum percentage specified in paragraph (1), the electrical corporation shall not reduce, on an annual basis, the average effective CARE discount by more than a reasonable percentage decrease below the discount in effect on January 1, 2013, or that the electrical corporation had been authorized to place in effect by that date.(3)The entire discount shall be provided in the form of a reduction in the overall bill for the eligible CARE customer.(e)The commission shall work with electrical and gas corporations to establish penetration goals. For gas corporations, the commission shall authorize recovery of all administrative costs associated with the implementation of the CARE program that the commission determines to be reasonable, through a balancing account mechanism. For electrical corporations, the commission shall authorize recovery, from moneys allocated from the Public Utilities Public Purpose Programs Fund, of all administrative costs associated with the implementation of the CARE program that the commission determines to be reasonable, through a balancing account mechanism. Administrative costs shall include, but are not limited to, outreach, marketing, regulatory compliance, certification and verification, billing, measurement and evaluation, and capital improvements and upgrades to communications and processing equipment.(f)The commission shall examine methods to improve CARE enrollment and participation. This examination shall include, but need not be limited to, comparing information from CARE and the Universal Lifeline Telephone Service (ULTS) to determine the most effective means of using that information to increase CARE enrollment, automatic enrollment of ULTS customers who are eligible for the CARE program, customer privacy issues, and alternative mechanisms for outreach to potential enrollees. The commission shall ensure that a customer consents before enrollment. The commission shall consult with interested parties, including ULTS providers, to develop the best methods of informing ULTS customers about other available low-income programs and the best mechanism for telephone providers to recover reasonable costs incurred pursuant to this section.(g)(1)The commission shall improve the CARE application process by cooperating with other entities and representatives of California government, including the California Health and Human Services Agency and the Secretary of California Health and Human Services, to ensure that all gas and electric customers eligible for public assistance programs in California that reside within the service territory of an electrical corporation or gas corporation, are enrolled in the CARE program. The commission may determine that gas and electric customers are categorically eligible for CARE assistance if they are enrolled in other public assistance programs with substantially the same income eligibility requirements as the CARE program. To the extent practicable, the commission shall develop a CARE application process using the existing ULTS application process as a model. The commission shall work with electrical and gas corporations and the Low-Income Oversight Board established in Section 382.1 to meet the low-income objectives in this section.(2)The commission shall ensure that an electrical corporation or gas corporation with a commission-approved program to provide discounts based upon economic need in addition to the CARE program, including a Family Electric Rate Assistance program, uses a single application form, to enable an applicant to alternatively apply for any assistance program for which the applicant may be eligible. It is the intent of the Legislature to allow applicants under one program, that may not be eligible under that program, but that may be eligible under an alternative assistance program based upon economic need, to complete a single application for any commission-approved assistance program offered by the public utility.(h)It is the intent of the Legislature that the commission ensure CARE program participants receive affordable electrical and gas service that does not impose an unfair economic burden on those participants.(i)The commissions program of assistance to low-income electricity and gas customers shall, as soon as practicable, include nonprofit group living facilities specified by the commission, if the commission finds that the residents in these facilities substantially meet the commissions low-income eligibility requirements and there is a feasible process for certifying that the assistance shall be used for the direct benefit, such as improved quality of care or improved food service, of the low-income residents in the facilities. The commission shall authorize utilities to offer discounts to eligible facilities licensed or permitted by appropriate state or local agencies, and to facilities, including womens shelters, hospices, and homeless shelters, that may not have a license or permit but provide other proof satisfactory to the utility that they are eligible to participate in the program.(j)(1)In addition to existing assessments of eligibility, an electrical corporation may require proof of income eligibility for those CARE program participants whose electricity usage, in any monthly or other billing period, exceeds 400 percent of baseline usage. The authority of an electrical corporation to require proof of income eligibility is not limited by the means by which the CARE program participant enrolled in the program, including if the participant was automatically enrolled in the CARE program because of participation in a governmental assistance program. If a CARE program participants electricity usage exceeds 400 percent of baseline usage, the electrical corporation may require the CARE program participant to participate in the Energy Savings Assistance Program (ESAP), which includes a residential energy assessment, in order to provide the CARE program participant with information and assistance in reducing the CARE program participants energy usage. Continued participation in the CARE program may be conditioned upon the CARE program participant agreeing to participate in ESAP within 45 days of notice being given by the electrical corporation pursuant to this paragraph. The electrical corporation may require the CARE program participant to notify the utility of whether the residence is rented, and, if so, a means by which to contact the landlord, and the electrical corporation may share any evaluation and recommendation relative to the residential structure that is made as part of an energy assessment, with the landlord of the CARE program participant. Requirements imposed pursuant to this paragraph shall be consistent with procedures adopted by the commission.(2)If a CARE program participants electricity usage exceeds 600 percent of baseline usage, the electrical corporation shall require the CARE program participant to participate in ESAP, which includes a residential energy assessment, in order to provide the CARE program participant with information and assistance in reducing the CARE program participants energy usage. Continued participation in the CARE program shall be conditioned upon the CARE program participant agreeing to participate in ESAP within 45 days of a notice made by the electrical corporation pursuant to this paragraph. The electrical corporation may require the CARE program participant to notify the utility of whether the residence is rented, and, if so, a means by which to contact the landlord, and the electrical corporation may share any evaluation and recommendation relative to the residential structure that is made as part of an energy assessment, with the landlord of the CARE program participant. Following the completion of the energy assessment, if the CARE program participants electricity usage continues to exceed 600 percent of baseline usage, the electrical corporation may remove the CARE program participant from the program if the removal is consistent with procedures adopted by the commission. This paragraph does not prevent a CARE program participant with electricity usage exceeding 600 percent of baseline usage from participating in an appeals process with the electrical corporation to determine whether the participants usage levels are legitimate.(3)A CARE program participant in a rental residence shall not be removed from the program in situations where the landlord is nonresponsive when contacted by the electrical corporation or does not provide for ESAP participation.SEC. 15.SEC. 13.Section 739.3 of the Public Utilities Code is amended to read:739.3.(a)Subject to direction and supervision by the commission, each electrical corporation and gas corporation shall develop and implement a program of rate assistance to eligible food banks at a fixed percentage to be determined by the commission. The commission may adjust the fixed percentage as appropriate. The funding source for the gas rate assistance program is the surcharge on all natural gas imposed pursuant to Section 890, and the amount of that funding shall be subject to the approval of the commission. Funding for the electric rate assistance program is through the Public Utilities Public Purpose Programs Fund.
(b)The Legislature encourages the governing board of each local publicly owned electric utility to develop and implement a program of rate assistance to eligible food banks at a fixed percentage, to be determined by the governing board, but consistent with that fixed by the commission for electrical corporations.
(c)For purposes of this section, the following terms have the following meanings:
(1)Eligible food bank means a qualified eligible recipient agency that has executed an agreement with the State Department of Social Services in order to participate in The Emergency Food Assistance Program administered by the Food and Nutrition Service of the United States Department of Agriculture.
(2)Eligible recipient agency has the same meaning as defined in Section 251.3(d) of Title 7 of the Code of Federal Regulations.
(3)Agreement means an agreement executed in compliance with Section 251.2 of Title 7 of the Code of Federal Regulations.
SEC. 16.Section 739.4 of the Public Utilities Code is amended to read:739.4.(a)A natural gas customer who enrolls in the CARE program after May 22, 2001, but before October 1, 2001, shall receive the same one-time bill credit based on the amount of each gas corporations average CARE customer discount applied for each month in October 2000 to March 2001, inclusive. The credit does not apply to a customer who initiates service with a gas corporation after May 22, 2001, and who has no prior history of service with the gas corporation. CARE program funds shall be used for the purpose of providing these credits. The commission shall adjust CARE program income requirements annually to reflect the increased cost-of-living due to inflation.(b)The commission shall require all electrical and gas utilities through which CARE program rates are available to do all of the following, in multilingual formats to the extent printed and recorded information is provided, to facilitate better penetration rates for the CARE program and to protect low-income and senior households from unwarranted disconnection of necessary electric and gas services:(1)Provide an outgoing message on all calls, where the customer is seeking to establish service or is put on hold, to customer service lines that briefly describes the CARE program in standard language approved by the commission, and that provides a toll-free phone number for customers to call to subscribe to the program or for further information.(2)Provide information to customers about the CARE program and facilitate subscription to CARE, on all calls in which customers are making payment arrangements, on all collections calls, and on all calls for reconnection of service.(3)(A)Provide information about the CARE program and other assistance programs, and attempt to qualify customers for CARE, and provide information about individual payment arrangements that allow customers to pay the amounts due over a reasonable period of time, not to exceed 12 months, and attempt to enroll customers in a payment arrangement program, before effecting any disconnection of service for nonpayment or inability to pay energy bills in full.(B)(i)Offer individual payment arrangements to customers so that the customer is able to pay amounts due over a reasonable period of time, not to exceed 12 months.(ii)Prohibit the disconnection of customers that have made, and are in compliance with, payment arrangements offered by an electric or gas utility pursuant to this subparagraph.(C)Prohibit the disconnection of a delinquent residential customer for amounts due in which the electric or gas utility receives a commitment pledge, letter of intent, purchase order, or other notification that a provider of energy assistance is forwarding payment sufficient to prevent disconnection.(D)(i)Advise residential customers facing disconnection or who contact the utility to make payment arrangements of the levelizing payment program that allows them to pay a monthly average bill based on 12 months usage.(ii)Advise residential customers about enrollment in the levelizing payment program in conjunction with completion of payment arrangements, payment under terms of subparagraph (B), or at the customers request absent those arrangements.(E)This paragraph is not intended to reduce the revenues of any utility extending payment arrangements subject to the terms of the paragraph.(4)Provide information on customer bills, presented in a conspicuous manner on a front facing page, that indicates that a customer may be eligible for the CARE program. This notice shall be provided quarterly on customer bills.(c)The commission shall conduct targeted outreach about the program using census block data to effectively target low-income and senior households throughout the state.(d)CARE program funds shall be used for the purposes of paragraph (3) of subdivision (b) and outreach pursuant to subdivision (c). The commissions costs for outreach pursuant to subdivision (c) may not exceed five hundred thousand dollars ($500,000) above the amount that the commission currently expends on similar activities related to the CARE program. Gas corporations may recover all reasonable costs of implementing this section from CARE program funds. The commission shall reimburse, using moneys allocated from the Public Utilities Public Purpose Programs Fund, electrical corporations for their reasonable costs of implementing this section.SEC. 17.Section 739.9 of the Public Utilities Code is amended to read:739.9.(a)Fixed charge means any fixed customer charge, basic service fee, demand differentiated basic service fee, demand charge, or other charge not based on the volume of electricity consumed.(b)Increases to electrical rates and charges in rate design proceedings, including any reduction in the California Alternate Rates for Energy (CARE) discount, shall be reasonable and subject to a reasonable phase-in schedule relative to the rates and charges in effect before January 1, 2014.(c)Consistent with the requirements of Section 739, the commission may modify the seasonal definitions and applicable percentage of average consumption for one or more climatic zones.(d)The commission may adopt new, or expand existing, fixed charges for the purpose of collecting a reasonable portion of the fixed costs of providing electrical service to residential customers. The commission shall ensure that any approved charges do all of the following:(1)Reasonably reflect an appropriate portion of the different costs of serving small and large customers.(2)Not unreasonably impair incentives for conservation, energy efficiency, and beneficial electrification and greenhouse gas emissions reduction.(3)Are set at levels that do not overburden low-income customers.(e)(1)For purposes of this section, the commission may authorize fixed charges for any rate schedule applicable to a residential customer account. The fixed charge shall be established on an income-graduated basis with no fewer than three income thresholds so that a low-income ratepayer in each baseline territory would realize a lower average monthly bill without making any changes in usage. The commission shall, no later than July 1, 2024, authorize a fixed charge for default residential rates.(2)For purposes of this subdivision, income-graduated means that low-income customers pay a smaller fixed charge than high-income customers.(f)Notwithstanding the requirements of subdivision (d) of Section 739 and Section 739.7, the commission shall not apply the composite tier method to the treatment of any revenues resulting from any fixed charge adopted pursuant to this section.SEC. 18.SEC. 14.Section 2788 of the Public Utilities Code is amended to read:2788.(a)The commission shall allow for purposes of setting the rates of a gas corporation participating in a home insulation assistance and financing program all expenses that the commission finds are reasonably related to the implementation and administration of the program, including commercial advertising. The commission may disapprove advertising or promotional expenses that the commission finds are not reasonably designed to promote the success of the home insulation financial assistance program.
(b)Using moneys allocated from the Public Utilities Public Purposes Program Fund, the commission shall reimburse an electrical corporation participating in a home insulation assistance and financing program for all expenses that the commission finds are reasonably related to the implementation and administration of the program, including commercial advertising. The commission may disapprove advertising or promotional expenses that the commission finds are not reasonably designed to promote the success of the home insulation financial assistance program.
SEC. 19.SEC. 15.Section 2851 of the Public Utilities Code is amended to read:2851.(a)In implementing the California Solar Initiative, the commission shall do all of the following:
(1)(A)The commission shall authorize the award of monetary incentives for up to the first megawatt of alternating current generated by solar energy systems that meet the eligibility criteria established by the Energy Commission pursuant to Chapter 8.8 (commencing with Section 25780) of Division 15 of the Public Resources Code. The commission shall determine the eligibility of a solar energy system, as defined in Section 25781 of the Public Resources Code, to receive monetary incentives until the time the Energy Commission establishes eligibility criteria pursuant to Section 25782. Monetary incentives shall not be awarded for solar energy systems that do not meet the eligibility criteria. The incentive level authorized by the commission shall decline each year following implementation of the California Solar Initiative, at a rate of no less than an average of 7 percent per year, and, except as provided in subparagraph (B), shall be zero as of December 31, 2016. The commission shall adopt and publish a schedule of declining incentive levels no less than 30 days in advance of the first decline in incentive levels. The commission may develop incentives based upon the output of electricity from the system, provided those incentives are consistent with the declining incentive levels of this paragraph and the incentives apply to only the first megawatt of electricity generated by the system.
(B)The incentive level for the installation of a solar energy system pursuant to Section 2852 shall be zero as of December 31, 2021.
(2)The commission shall adopt a performance-based incentive program so that by January 1, 2008, 100 percent of incentives for solar energy systems of 100 kilowatts or greater and at least 50 percent of incentives for solar energy systems of 30 kilowatts or greater are earned based on the actual electrical output of the solar energy systems. The commission shall encourage, and may require, performance-based incentives for solar energy systems of less than 30 kilowatts. Performance-based incentives shall decline at a rate of no less than an average of 7 percent per year. In developing the performance-based incentives, the commission may:
(A)Apply performance-based incentives only to customer classes designated by the commission.
(B)Design the performance-based incentives so that customers may receive a higher level of incentives than under incentives based on installed electrical capacity.
(C)Develop financing options that help offset the installation costs of the solar energy system, provided that this financing is ultimately repaid in full by the consumer or through the application of the performance-based rebates.
(3)By January 1, 2008, the commission, in consultation with the Energy Commission, shall require reasonable and cost-effective energy efficiency improvements in existing buildings as a condition of providing incentives for eligible solar energy systems, with appropriate exemptions or limitations to accommodate the limited financial resources of low-income residential housing.
(4)Notwithstanding subdivision (g) of Section 2827, the commission may develop a time-variant tariff that creates the maximum incentive for ratepayers to install solar energy systems so that the systems peak electricity production coincides with Californias peak electricity demands and that ensures that ratepayers receive due value for their contribution to the purchase of solar energy systems and customers with solar energy systems continue to have an incentive to use electricity efficiently. In developing the time-variant tariff, the commission may exclude customers participating in the tariff from the rate cap for residential customers for existing baseline quantities or usage by those customers of up to 130 percent of existing baseline quantities, as required by Section 739.9. This paragraph does not authorize the commission to require time-variant pricing for ratepayers without a solar energy system.
(b)Notwithstanding subdivision (a), in implementing the California Solar Initiative, the commission may authorize the award of monetary incentives for solar thermal and solar water heating devices, in a total amount up to one hundred million eight hundred thousand dollars ($100,800,000).
(c)(1)In implementing the California Solar Initiative, the commission shall not allocate more than fifty million dollars ($50,000,000) to research, development, and demonstration that explores solar technologies and other distributed generation technologies that employ or could employ solar energy for generation or storage of electricity or to offset natural gas usage. Any program that allocates additional moneys to research, development, and demonstration shall be developed in collaboration with the Energy Commission to ensure there is no duplication of efforts, and adopted by the commission through a rulemaking or other appropriate public proceeding. Any grant awarded by the commission for research, development, and demonstration shall be approved by the full commission at a public meeting. This subdivision does not prohibit the commission from continuing to allocate moneys to research, development, and demonstration pursuant to the self-generation incentive program for distributed generation resources originally established pursuant to Chapter 329 of the Statutes of 2000, as modified pursuant to Section 379.6.
(2)The Legislature finds and declares that a program that provides a stable source of monetary incentives for eligible solar energy systems will encourage private investment sufficient to make solar technologies cost effective.
(d)(1)The commission shall not impose any charge on the consumption of natural gas, or on natural gas ratepayers, to fund the California Solar Initiative.
(2)Notwithstanding any other law, any charge imposed to fund the program adopted and implemented pursuant to this section shall be imposed upon all customers not participating in the California Alternate Rates for Energy (CARE) or family electric rate assistance (FERA) programs, including those residential customers subject to the rate limitation specified in Section 739.9 for existing baseline quantities or usage up to 130 percent of existing baseline quantities of electricity.
(3)The costs of the program adopted and implemented pursuant to this section shall not be recovered from customers participating in the California Alternate Rates for Energy or CARE program. program established pursuant to Section 739.1.
(e)Except as provided in subdivision (f), in implementing the California Solar Initiative, the commission shall ensure that the total cost over the duration of the program does not exceed three billion five hundred fifty million eight hundred thousand dollars ($3,550,800,000). Except as provided in subdivision (f), financial components of the California Solar Initiative shall consist of the following:
(1)Programs under the supervision of the commission and administered by the San Diego Gas and Electric Company, Southern California Edison Company, or Pacific Gas and Electric Company. Except as provided in subdivision (f), the total cost over the duration of these programs shall not exceed two billion three hundred sixty-six million eight hundred thousand dollars ($2,366,800,000) and includes moneys in a tracking account for support of the California Solar Initiative.
(2)Programs adopted, implemented, and financed in the amount of seven hundred eighty-four million dollars ($784,000,000), by charges collected by local publicly owned electric utilities pursuant to Section 2854. This subdivision shall not give the commission power and jurisdiction with respect to a local publicly owned electric utility or its customers.
(3)(A)Programs for the installation of solar energy systems on new construction (New Solar Homes Partnership Program), administered by the Energy Commission, and funded by charges in the amount of four hundred million dollars ($400,000,000), collected from customers of San Diego Gas and Electric Company, Southern California Edison Company, and Pacific Gas and Electric Company. If the commission is notified by the Energy Commission that funding available pursuant to Section 25751 of the Public Resources Code for the New Solar Homes Partnership Program and any other funding for the purposes of this paragraph have been exhausted, the commission may require an electrical corporation to continue administration of the program pursuant to the guidelines established for the program by the Energy Commission, until the funding limit authorized by this paragraph has been reached. The commission may determine whether a third party, including the Energy Commission, should administer the utilitys continuation of the New Solar Homes Partnership Program. The commission, in consultation with the Energy Commission, shall supervise the administration of the continuation of the New Solar Homes Partnership Program by an electrical corporation or third-party administrator. After the exhaustion of funds, the Energy Commission shall notify the Joint Legislative Budget Committee 30 days before the continuation of the program. This subparagraph shall become inoperative on June 1, 2018.
(B)If the commission requires a continuation of the program pursuant to subparagraph (A), any funding made available pursuant to the continuation of the program shall be encumbered through the issuance of rebate reservations by no later than June 1, 2018, and disbursed by no later than December 31, 2021.
(4)The changes made to this subdivision by Chapter 39 of the Statutes of 2012 do not authorize the levy of a charge or any increase in the amount collected pursuant to any existing charge, nor do the changes add to, or detract from, the commissions existing authority to levy or increase charges.
(f)Upon the expenditure or reservation in any electrical corporations service territory of the amount specified in paragraph (1) of subdivision (e) for low-income residential housing programs pursuant to subdivision (c) of Section 2852, the commission shall authorize the continued collection of the charge for the purposes of Section 2852. The commission shall ensure that the total amount collected pursuant to this subdivision does not exceed one hundred eight million dollars ($108,000,000). Upon approval by the commission, an electrical corporation may use amounts collected pursuant to subdivision (e) for purposes of funding the general market portion of the California Solar Initiative, that remain unspent and unencumbered after December 31, 2016, to reduce the electrical corporations portion of the total amount collected pursuant to this subdivision.
SEC. 20.SEC. 16.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)The Legislature finds and declares all of the following:
(1)Customers of electrical corporations pay for public purpose programs through their electricity rates. These costs would more appropriately be funded by all taxpayers because the benefits accrue to society at large, not only to electrical customers or the electrical system.
(2)Electricity rates are increasing in part due to the increasing costs of state climate change mitigation policies and programs administered by electrical corporations or third parties, funded by electrical customers, and mandated by statute or by the commission to reduce consumption of electricity or to provide environmental, health, and other benefits that accrue to all taxpayers.
(3)Public purpose programs costs, such as low-income customer bill support and low-income weatherization assistance, represent a significant portion of these electricity rates and contribute to the increases in electricity rates.
(b)(1)In order to provide some electricity rate relief and to more equitably allocate the costs of programs that benefit all taxpayers, not just utility customers, it is the intent of the Legislature to appropriate General Fund moneys sufficient to pay for all electrical corporation public purpose programs and public purpose programs administered by third parties that are funded through electricity rates.
(2)It is the intent of the Legislature that on and after January 1, 2024, all current and future costs for public purpose programs funded by electrical customers, whether the program is required pursuant to the Public Utilities Code, pursuant to other statutes, or by order or decision of the Public Utilities Commission, be authorized for recovery through the General Fund.
SEC. 2.Section 25711 of the Public Resources Code is amended to read:25711.For the purposes of implementing this chapter, the Electric Program Investment Charge Fund is hereby created in the State Treasury.
(a)The commission shall administer the fund.
(b)At least quarterly, moneys received by the Public Utilities Commission pursuant to the Electric Program Investment Charge for those programs the Public Utilities Commission has determined should be administered by the Energy Commission shall be forwarded by the Public Utilities Commission to the commission for deposit in the fund. (c)(b)The Controller shall, as directed by the commission, disburse moneys in the fund for purposes of this chapter.
(d)(c)The commission may use moneys in the fund for the administration of this chapter, as authorized by the Public Utilities Commission and appropriated by the Legislature in the annual Budget Act.
SEC. 3.Section 318 is added to the Public Utilities Code, to read:318.(a)For purposes of this section, public purpose programs means all of the following programs:
(1)The Family Electric Rate Assistance program described in Section 739.12.
(2)The programs funded through an electrical corporations public purpose program rate component as of December 31, 2023, including, but not limited to, the California Alternative Rates for Energy (CARE) program established pursuant to Section 739.1.
(3)Other programs determined by the commission, based on a record developed in an open proceeding before the commission through which electrical corporations and other parties have an opportunity to participate, to provide public benefits.
(b)In order to ensure that the residents of this state continue to receive safe, reliable, affordable, and environmentally sustainable electrical service, it is the policy of this state and the intent of the Legislature that low-income bill support continue to be provided and that prudent investments in energy efficiency, renewable energy, research, development, and demonstration continue to be made.
(c)The Public Utilities Public Purpose Programs Fund is hereby established in the State Treasury.
(d)Upon appropriation, the moneys in the Public Utilities Public Purpose Programs Fund shall be allocated by the commission for purposes of the public purpose programs.
(e)In implementing this section, the commission shall consider the continuity of the public purpose programs and minimizing customer disruptions.
(f)Upon appropriation, all programs administered by electrical regional energy networks shall be funded through the Public Utilities Public Purpose Programs Fund.
SEC. 4.Section 327 of the Public Utilities Code is amended to read:327.(a)The electrical corporations and gas corporations that participate in the California Alternate Rates for Energy (CARE) program, as established pursuant to Section 739.1, shall administer low-income energy efficiency and rate assistance programs described in Sections 382, 739.1, 739.2, and 2790, subject to commission oversight. In administering the programs described in Section 2790, the electrical corporations and gas corporations, to the extent practicable, shall do all of the following:
(1)Continue to leverage funds collected to fund the CARE program described in subdivision (a) funds with funds available from other state and federal sources.
(2)Work with state and local agencies, community-based organizations, and other entities to ensure efficient and effective delivery of programs.
(3)Encourage local employment and job skill development.
(4)Maximize the participation of eligible participants.
(5)Work to reduce consumers electric and gas consumption, and bills.
(6)For electrical corporations, target energy efficiency and solar programs to upper-tier and multifamily customers in a manner that will result in long-term permanent reductions in electricity usage at the dwelling units, and develop programs that specifically target nonprofit affordable housing providers, including programs that promote weatherization of existing dwelling units and replacement of inefficient appliances.
(7)For electrical corporations and for public utilities that are both electrical corporations and gas corporations, allocate the costs of the CARE program on an equal cents per kilowatthour kilowatt hour or equal cents per therm basis to all classes of customers that were subject to the surcharge that funded the program on January 1, 2008.
(b)If the commission requires low-income energy efficiency programs to be subject to competitive bidding, the electrical and gas corporations described in subdivision (a), as part of their bid evaluation criteria, shall consider both cost-of-service criteria and quality-of-service criteria. The bidding criteria, at a minimum, shall recognize all of the following factors:
(1)The bidders experience in delivering programs and services, including, but not limited to, weatherization, appliance repair and maintenance, energy education, outreach and enrollment services, and bill payment assistance programs to targeted communities.
(2)The bidders knowledge of the targeted communities.
(3)The bidders ability to reach targeted communities.
(4)The bidders ability to utilize use and employ people from the local area.
(5)The bidders general contractors license and evidence of good standing with the Contractors State License Board.
(6)The bidders performance quality as verified by the funding source.
(7)The bidders financial stability.
(8)The bidders ability to provide local job training.
(9)Other attributes that benefit local communities.
(c)Notwithstanding subdivision (b), the commission may modify the bid criteria based upon public input from a variety of sources, including representatives from low-income communities and the program administrators identified in subdivision (b), in order to ensure the effective and efficient delivery of high quality low-income energy efficiency programs.
SEC. 5.Section 379.6 of the Public Utilities Code is amended to read:379.6.(a)(1)It is the intent of the Legislature that the self-generation incentive program increase deployment of distributed generation and energy storage systems to facilitate the integration of those resources into the electrical grid, improve efficiency and reliability of the distribution and transmission system, and reduce emissions of greenhouse gases, peak demand, and ratepayer costs. It is the further intent of the Legislature that the commission, in future proceedings, provide for an equitable distribution of the costs and benefits of the program.
(2)The For gas corporations, the commission, in consultation with the Energy Commission, may authorize the annual collection of not more than double the amount authorized for the self-generation incentive program in the 2008 calendar year, through December 31, 2024. The commission shall require the administration of the program for distributed energy resources originally established pursuant to Chapter 329 of the Statutes of 2000 until January 1, 2026. On January 1, 2026, the commission shall provide repayment of all unallocated funds collected pursuant to this section to reduce ratepayer costs.
(3)(A)For electrical corporations, the commission, in consultation with the Energy Commission, may authorize the annual allocation from the Public Utilities Public Purpose Programs Fund of not more than double the amount authorized for the self-generation incentive program in the 2008 calendar year, through December 31, 2024.
(B)The commission shall require the administration of the program for distributed energy resources originally established pursuant to Chapter 329 of the Statutes of 2000 until January 1, 2026.
(C)On January 1, 2026, the commission shall provide repayment of all unallocated funds collected pursuant to this section to reduce ratepayer costs, unless those unallocated funds originated from the Public Utilities Public Purpose Programs Fund in which case those unallocated funds shall be credited to the Public Utilities Public Purpose Programs Fund.
(b)(1)Eligibility for incentives under the self-generation incentive program that are funded through the annual collection authorized pursuant to paragraph paragraphs (2) or (3) of subdivision (a) shall be limited to distributed energy resources that the commission, in consultation with the State Air Resources Board, determines will achieve reductions in emissions of greenhouse gases pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code).
(2)On or before July 1, 2015, the commission shall update the factor for avoided greenhouse gas emissions based on both the most recent data available to the State Air Resources Board for greenhouse gas emissions from electricity sales in the self-generation incentive program administrators service areas and current estimates of greenhouse gas emissions over the useful life of the distributed energy resource, including consideration of the effects of the California Renewables Portfolio Standard.
(3)The commission shall adopt requirements for energy storage systems to ensure that eligible energy storage systems reduce the emissions of greenhouse gases.
(c)Eligibility for the funding of any combustion-operated distributed generation projects using fossil fuel is subject to all of the following conditions:
(1)An oxides of nitrogen (NOx) emissions rate standard of 0.07 pounds per megawatthour and a minimum efficiency of 60 percent, or any other NOx emissions rate and minimum efficiency standard adopted by the State Air Resources Board. A minimum efficiency of 60 percent shall be measured as useful energy output divided by fuel input. The efficiency determination shall be based on 100-percent load.
(2)Combined heat and power units that meet the 60-percent efficiency standard may take a credit to meet the applicable NOx emissions standard of 0.07 pounds per megawatthour. Credit shall be at the rate of one megawatthour for each 3,400,000 British thermal units (Btus) of heat recovered.
(3)The customer receiving incentives shall adequately maintain and service the combined heat and power units so that during operation the system continues to meet or exceed the efficiency and emissions standards established pursuant to paragraphs (1) and (2).
(4)Notwithstanding paragraph (1), a project that does not meet the applicable NOx emissions standard is eligible if it meets both of the following requirements:
(A)The project operates solely on waste gas. The commission shall require a customer that applies for an incentive pursuant to this paragraph to provide an affidavit or other form of proof that specifies that the project shall be operated solely on waste gas. Incentives awarded pursuant to this paragraph shall be subject to refund and shall be refunded by the recipient to the extent the project does not operate on waste gas. As used in this paragraph, waste gas means natural gas that is generated as a byproduct of petroleum production operations and is not eligible for delivery to the utility pipeline system.
(B)The air quality management district or air pollution control district, in issuing a permit to operate the project, determines that operation of the project will produce an onsite net air emissions benefit compared to permitted onsite emissions if the project does not operate. The commission shall require the customer to secure the permit before receiving incentives.
(d)In determining the eligibility for the self-generation incentive program, minimum system efficiency shall be determined either by calculating electrical and process heat efficiency as set forth in Section 216.6, or by calculating overall electrical efficiency.
(e)Eligibility for incentives under the self-generation incentive program shall be limited to distributed energy resource technologies that the commission determines meet all of the following requirements:
(1)The distributed energy resource technology shifts onsite energy use to off-peak time periods or reduces demand from the grid by offsetting some or all of the customers onsite energy load, including, but not limited to, net peak electric load.
(2)The distributed energy resource technology is commercially available.
(3)The distributed energy resource technology safely uses the existing transmission and distribution system.
(4)The distributed energy resource technology improves air quality by reducing criteria air pollutants.
(f)Recipients of the self-generation incentive program funds shall provide relevant data to the commission and the State Air Resources Board, upon request, and shall be subject to onsite inspection to verify equipment operation and performance, including capacity, thermal output, and usage to verify criteria air pollutant and greenhouse gas emissions performance.
(g)In administering the self-generation incentive program, the commission shall determine a capacity factor for each distributed generation system energy resource technology in the program.
(h)(1)In administering the self-generation incentive program, the commission may adjust the amount of incentives and evaluate other public policy interests, including, but not limited to, ratepayers, energy efficiency, peak load reduction, load management, and environmental interests.
(2)The commission shall consider the relative amount and the cost of greenhouse gas emissions reductions, peak demand reductions, system reliability benefits, and other measurable factors when allocating program funds between eligible technologies.
(i)The commission shall ensure that distributed generation resources are made available in the self-generation incentive program for all ratepayers.
(j)In administering the self-generation incentive program, the commission shall provide an additional incentive of 20 percent from existing program funds for the installation of eligible distributed generation resources manufactured in California.
(k)The costs of the self-generation incentive program shall not be recovered from customers participating in the California Alternate Rates for Energy (CARE) program.
(l)The commission shall evaluate the overall success and impact of the self-generation incentive program based on the following performance measures:
(1)The amount of reductions of emissions of greenhouse gases.
(2)The amount of reductions of emissions of criteria air pollutants measured in terms of avoided emissions and reductions of criteria air pollutants represented by emissions credits secured for project approval.
(3)The amount of energy reductions measured in energy value.
(4)The amount of reductions of customer peak demand.
(5)The ratio of the electricity generated by distributed energy resource generation projects receiving incentives from the self-generation incentive program to the electricity capable of being produced by those projects, commonly known as a capacity factor.
(6)The value to the electrical transmission and distribution system measured in avoided costs of transmission and distribution upgrades and replacement.
(7)The ability to improve onsite electricity reliability as compared to onsite electricity reliability before the self-generation incentive program technology was placed in service.
(m)On and after January 1, 2020, generation technologies using nonrenewable fuels shall not be eligible for incentives under the self-generation incentive program.
SEC. 6.Section 381 of the Public Utilities Code is amended to read:381.(a)To ensure that the funding for the programs described in subdivision (b) and Section 382 are not commingled with other revenues, the commission shall require each electrical corporation to identify establish a separate rate component to collect two-way balancing account for moneys allocated from the revenues used to fund these programs. The rate component shall be a nonbypassable element of the local distribution service. Public Utilities Public Purpose Programs Fund.
(b)The commission shall allocate funds collected pursuant to subdivision (a), and any interest earned on collected funds, to moneys from the Public Utilities Public Purpose Programs Fund to programs that enhance electrical system reliability and provide in-state benefits as follows:
(1)Cost-effective energy Energy efficiency and conservation activities.
(2)Public interest research and development not adequately provided by competitive and regulated markets.
(3)In-state operation and development of existing and new and emerging eligible renewable energy resources, as defined in Section 399.12.
(c)The commission shall order the respective electrical corporations to collect and spend these funds at the levels and for the purposes required in Section 399.8. (d)Each electrical corporation shall allow customers to make voluntary contributions through their utility bill payments as either a fixed amount or a variable amount to support programs established pursuant to paragraph (3) of subdivision (b). Funds collected by electrical corporations for these purposes shall be forwarded in a timely manner to the appropriate fund as specified by the commission. SEC. 7.Section 381.1 of the Public Utilities Code is amended to read:381.1.(a)No later than July 15, 2003, the commission shall establish policies and procedures by which any party, including, but not limited to, a local entity that establishes a community choice aggregation program, may apply to become administrators for cost-effective energy electrical efficiency and conservation programs established pursuant to Section 381. 381 and funded by moneys allocated from the Public Utilities Public Purpose Programs Fund. In determining whether to approve an application to become administrators and subject to an aggregators right to elect to become an administrator pursuant to subdivision (f), the commission shall consider the value of program continuity and planning certainty and the value of allowing competitive opportunities for potentially new administrators. The commission shall weigh the benefits of the partys proposed program to ensure that the program meets the following objectives:
(1)Is consistent with the goals of the existing programs established pursuant to Section 381.
(2)Advances the public interest in maximizing cost-effective electricity savings and related benefits.
(3)Accommodates the need for broader statewide or regional programs.
(b)All audit and reporting requirements established by the commission pursuant to Section 381 and other statutes shall apply to the parties chosen as administrators under this section.
(c)If a community choice aggregator is not the administrator of energy efficiency and conservation programs for which its customers are eligible, the commission shall require the administrator of cost-effective energy efficiency and conservation programs to direct a proportional share of its approved energy efficiency program activities for which the community choice aggregators customers are eligible, to the community choice aggregators territory without regard to customer class. To the extent that energy efficiency and conservation programs are targeted to specific locations to avoid or defer transmission or distribution system upgrades, the targeted expenditures shall continue irrespective of whether the loads in those locations are served by an aggregator or by an electrical corporation. The commission shall also direct the administrator to work with the community choice aggregator, to provide advance information where appropriate about the likely impacts of energy efficiency programs and to accommodate any unique community program needs by placing more, or less, emphasis on particular approved programs to the extent that these special shifts in emphasis in no way diminish the effectiveness of broader statewide or regional programs. If the community choice aggregator proposes energy efficiency programs other than programs already approved for implementation in its territory, it shall do so under established commission policies and procedures. The commission may order an adjustment to the share of energy efficiency program activities directed to a community choice aggregators territory if necessary to ensure an equitable and cost-effective allocation of energy efficiency program activities.
(d)The commission shall establish an impartial process for making the determination of whether a third party, including a community choice aggregator, may become administrators for cost-effective energy efficiency and conservation programs pursuant to subdivision (a), and shall not delegate or otherwise transfer the commissions authority to make this determination for a community choice aggregator to an electrical corporation.
(e)The impartial process established by the commission shall allow a registered community choice aggregator to elect to become the administrator of funds collected moneys allocated from the aggregators electric service customers and collected through a nonbypassable charge authorized by the commission, Public Utilities Public Purpose Programs Fund for cost-effective energy electrical efficiency and conservation programs, except those funds collected for broader statewide and regional programs authorized by the commission. programs.
(f)A community choice aggregator electing to become an administrator shall submit a plan, approved by its governing board, to the commission for the administration of cost-effective energy efficiency and conservation programs for the aggregators electric electrical service customers that includes funding requirements, a program description, a cost-effectiveness analysis, and the duration of the program. The commission shall certify that the plan submitted does all of the following:
(1)Is consistent with the goals of the programs established pursuant to this section and Section 399.4.
(2)Advances the public interest in maximizing cost-effective electricity savings and related benefits.
(3)Accommodates the need for broader statewide or regional programs.
(4)Includes audit and reporting requirements consistent with the audit and reporting requirements established by the commission pursuant to this section.
(5)Includes evaluation, measurement, and verification protocols established by the community choice aggregator.
(6)Includes performance metrics regarding the community choice aggregators achievement of the objectives listed in paragraphs (1) to (5), inclusive, and in any previous plan.
(g)If the commission does not certify the plan for the administration of cost-effective energy efficiency and conservation programs submitted by a community choice aggregator pursuant to subdivision (f), the community choice aggregator electing to administer these programs may submit an amended plan to the commission for certification. No moneys may Moneys shall not be released to a community choice aggregator unless the commission certifies the plan pursuant to subdivision (f).
SEC. 8.Section 384.5 of the Public Utilities Code is amended to read:384.5.(a)On or before March 1, 2014, the commission shall order electrical corporations to submit, on or before July 1, 2015, a tariff to be used, at the discretion of local governments, to fund energy efficiency improvements in street light poles owned by the electrical corporations to ensure reduced energy consumption for local governments who are streetlight customers covered by these tariffs.
(b)The tariff shall be designed to allow local governments to remit the cost of the improvement through the tariff over time, resulting in reduced energy consumption, without shifting costs to nonparticipating ratepayers. The cost of the improvement shall be identified separately rather than included within the charge for electrical service.
(c)Notwithstanding subdivision (b), the improvement performed pursuant to the tariff submitted under subdivision (a) shall be eligible for any rebate or incentives available through ratepayer-funded programs intended to increase energy efficiency. efficiency that are funded by the Public Utilities Public Purpose Programs Fund.
(d)The electrical corporation that owns the street light poles shall install or otherwise make the energy efficiency improvements selected by the local government with an appropriately trained workforce in accordance with all applicable safety orders of the commission.
(e)For the purposes of this section, the following terms have the following meanings:
(1)Electrical corporation means an electrical corporation, as defined in Section 218, with at least 100,000 service connections in California.
(2)Street light pole means a pole, arm, or fixture used primarily for street, pedestrian, or security lighting.
SEC. 9.Section 399.4 of the Public Utilities Code is amended to read:399.4.(a)(1)In order to ensure that prudent investments in energy efficiency continue to be made that produce cost-effective energy savings, reduce customer demand, and contribute to the safe and reliable operation of the electrical distribution grid, it is the policy of this state and the intent of the Legislature that the commission shall supervise the administration of cost-effective energy efficiency programs authorized pursuant to its statutory authority, including Sections 381, 381.1, 381.2, 381.5, 382, 384.5, 400, 454.5, 454.55, 454.56, 589, 701.1, 749, and 769, Article 10 (commencing with Section 890) of Chapter 4, and Chapter 6 (commencing with Section 2781) of Part 2.
(2)As used in this section, the term energy efficiency includes, but is not limited to, cost-effective activities to achieve peak load reduction that improve end-use efficiency, lower customers bills, and reduce system needs.
(b)(1)If a customer or contractor is the recipient of a rebate or incentive offered by a public utility for an energy efficiency improvement or installation of energy efficient components, equipment, or appliances in a building, the public utility shall provide the rebate or incentive only if the customer or contractor certifies that the improvement or installation has complied with any applicable permitting requirements, including any applicable specifications or requirements set forth in the California Building Standards Code (Title 24 of the California Code of Regulations), and, if a contractor performed the installation or improvement, that the contractor holds the appropriate license for the work performed.
(2)In addition to the requirements of paragraph (1), if a customer or contractor is the recipient of a rebate or incentive offered by a public utility for the purchase or installation of central air conditioning or a heat pump, and their related fans, the public utility shall provide the rebate or incentive only if the customer or contractor provides proof of permit closure. The public utility is not responsible for verifying the proof of permit closure documentation provided by the customer or contractor.
(3)This subdivision does not imply or create authority or responsibility, or expand existing authority or responsibility, of a public utility for the enforcement of the building energy and water efficiency standards adopted pursuant to subdivision (a) or (b) of Section 25402 of the Public Resources Code, or appliance efficiency standards and certification requirements adopted pursuant to subdivision (c) of Section 25402 of the Public Resources Code.
(4)This subdivision does not limit the authority of the commission to impose any additional requirements on a recipient of any rebate or incentive.
(c)The commission, in evaluating energy efficiency investments under its statutory authority, shall also ensure that local and regional interests, multifamily dwellings, and energy service industry capabilities are incorporated into program portfolio design and that local governments, community-based organizations, and energy efficiency service providers are encouraged to participate in program implementation where appropriate.
(d)The commission, in a new or existing proceeding, shall review and update its policies governing energy efficiency programs funded by utility customers to facilitate achieving the targets established pursuant to subdivision (c) of Section 25310 of the Public Resources Code. In updating its policies, the commission shall, at a minimum, do all of the following:
(1)Authorize market transformation programs with appropriate levels of funding to achieve deeper energy efficiency savings.
(2)Authorize pay for performance programs that link incentives directly to measured energy savings. As part of pay for performance programs authorized by the commission, customers should be reasonably compensated for developing and implementing an energy efficiency plan, with a portion of their incentive reserved pending post project measurement results.
(3)Authorize programs to achieve deeper savings through operational, behavioral, and retrocommissioning activities.
(4)Ensure that customers have certainty in the values and methodology used to determine energy efficiency incentives by basing the amount of any incentives provided by gas and electrical corporations on the values and methodology contained in the executed customer agreement. Incentive payments shall be based on measured results.
SEC. 10.Section 399.8 of the Public Utilities Code is amended to read:399.8.(a)In order to ensure that the citizens of this state continue to receive safe, reliable, affordable, and environmentally sustainable electric service, it is the policy of this state and the intent of the Legislature that prudent investments in energy efficiency, renewable energy, and research, development and demonstration shall continue to be made.
(b)(1)Every customer of an electrical corporation shall pay a nonbypassable system benefits charge authorized pursuant Moneys allocated from the Public Utilities Public Purpose Programs Fund shall be used to this article. The system benefits charge shall fund energy electrical efficiency, renewable energy, and research, development and demonstration.
(2)Local publicly owned electric utilities shall continue to collect and administer system benefits charges pursuant to Section 385.
(c)(1)The commission shall require each electrical corporation to identify a separate rate component to collect revenues to fund energy efficiency, renewable energy, and research, development and demonstration programs authorized pursuant to this section beginning January 1, 2002, and ending January 1, 2012. The rate component shall be a nonbypassable element of the local distribution service and collected on the basis of usage. (2)This rate component may not exceed, for any tariff schedule, the level of the rate component that was used to recover funds authorized pursuant to Section 381 on January 1, 2000. If the amounts specified in paragraph (1) of subdivision (d) are not recovered fully in any year, the commission shall reset the rate component to restore the unrecovered balance, provided that the rate component may not exceed, for any tariff schedule, the level of the rate component that was used to recover funds authorized pursuant to Section 381 on January 1, 2000. Pending restoration, any annual shortfalls shall be allocated pro rata among the three funding categories in the proportions established in paragraph (1) of subdivision (d). (d)The commission shall order San Diego Gas and Electric Company, Southern California Edison Company, and Pacific Gas and Electric Company to collect these funds commencing on January 1, 2002, as follows: (1)Two hundred twenty-eight million dollars ($228,000,000) per year in total for energy efficiency and conservation activities, sixty-five million five hundred thousand dollars ($65,500,000) in total per year for renewable energy, and sixty-two million five hundred thousand dollars ($62,500,000) in total per year for research, development and demonstration. The funds for energy efficiency and conservation activities shall continue to be allocated in proportions established for the year 2000 as set forth in paragraph (1) of subdivision (c) of Section 381. (2)The amounts shall be adjusted annually at a rate equal to the lesser of the annual growth in electric commodity sales or inflation, as defined by the gross domestic product deflator. (e)The commission shall ensure that each electrical corporation allocates funds transferred by the Energy Commission pursuant to subdivision (b) of Section 25743 in a manner that maximizes the economic benefit to all customer classes that funded the New Renewable Resources Account. (f)(c)The commission and the Energy Commission shall retain and continue their oversight responsibilities as set forth in Sections Section 381 and 383, and of this code and Chapter 7.1 (commencing with Section 25620) and Chapter 8.6 (commencing with Section 25740) of Division 15 of the Public Resources Code.
(g)(d)An applicant for the Large Nonresidential Standard Performance Contract Program funded pursuant to paragraph (1) of subdivision (b) and an electrical corporation shall promptly attempt to resolve disputes that arise related to the programs guidelines and parameters prior to before entering into a program agreement. The applicant shall provide the electrical corporation with written notice of any dispute. Within 10 business days after receipt of the notice, the parties shall meet to resolve the dispute. If the dispute is not resolved within 10 business days after the date of the meeting, the electrical corporation shall notify the applicant of his or her their right to file a complaint with the commission, which complaint shall describe the grounds for the complaint, injury, and relief sought. The commission shall issue its findings in response to a filed complaint within 30 business days of the date of receipt of the complaint. Prior to Before issuance of its findings, the commission shall provide a copy of the complaint to the electrical corporation, which shall provide a response to the complaint to the commission within five business days of the date of receipt. During the dispute period, the amount of estimated financial incentives shall be held in reserve until the dispute is resolved.
SEC. 11.Section 399.20.3 of the Public Utilities Code is amended to read:399.20.3.(a)For purposes of this section, the following definitions apply:
(1)Bioenergy has the same meaning as set forth in paragraph (6) of subdivision (f) of Section 399.20.
(2)Tier 1 high hazard zone includes areas where wildlife and falling trees threaten electrical transmission and distribution lines, roads, and other evacuation corridors, critical community infrastructure, or other existing structures, as designated by the Department of Forestry and Fire Protection pursuant to the Proclamation of a State of Emergency on Tree Mortality declared by the Governor on October 30, 2015.
(3)Tier 2 high hazard zone includes watersheds that have significant tree mortality combined with community and natural resource assets, as designated by the Department of Forestry and Fire Protection pursuant to the Proclamation of a State of Emergency on Tree Mortality declared by the Governor on October 30, 2015.
(b)(1)In addition to the requirements of subdivision (f) of Section 399.20, by December 1, 2023, electrical corporations shall collectively procure, through financial commitments of 5 to 15 years, inclusive, their proportionate share of 125 megawatts of cumulative rated generating capacity from existing bioenergy projects that commenced operations before June 1, 2013. At least 80 percent of the feedstock of an eligible facility, on an annual basis, shall be a byproduct of sustainable forestry management, which includes removal of dead and dying trees from Tier 1 and Tier 2 high hazard zones and is not that from lands that have been clear cut. At least 60 percent of this feedstock shall be from Tier 1 and Tier 2 high hazard zones.
(2)Paragraph (1) shall not apply to a utility subject to subdivision (g) if both of the following apply:
(A)The utility, either directly or through a joint powers authority, entered into five-year financial commitments for its proportionate share of 125 megawatts of cumulative rated generating capacity from existing bioenergy projects pursuant to this section as it was enacted by Chapter 368 of the Statutes of 2016.
(B)The utilitys financial commitments referenced in subparagraph (A) include, (1) a contract with a facility operator that was, on June 1, 2022, in a bankruptcy or other insolvency proceeding, or (2) a contract for a project that does not deliver energy to the utility.
(c)For the purpose of contracts entered into pursuant to subdivision (b), commission Resolution E-4770 (March 17, 2016), and commission Resolution E-4805 (October 13, 2016), Tier 1 and Tier 2 high hazard zone fuel or feedstock shall also include biomass fuels removed from fuel reduction operations exempt from timber harvesting plan requirements pursuant to subdivisions (a), (f), (j), and (k) of Section 4584 of the Public Resources Code.
(d)The commission shall require an electrical corporation that has entered into a contract pursuant to subdivision (b), commission Resolution E-4770 (March 17, 2016), or commission Resolution E-4805 (October 13, 2016) to allow fuel or feedstock reporting requirements to be based on a monthly or annual basis, and a bioenergy facility providing generation pursuant to that contract shall have the right to opt out of the mandated fuel or feedstock usage levels in any particular month upon providing written notice to the electrical corporation in the month of operation. For months in which a bioenergy facility opts out of the mandated fuel or feedstock usage levels or misses the mandated fuel or feedstock targets, that facility shall be paid the alternate price adopted by the commission in commission Resolution E-4770 for all megawatthours generated during that month. Contracts shall continue in force through the end of the contracted term without creating an event of default for missing mandated fuel or feedstock usage levels and without giving rise to a termination right in favor of the electrical corporation.
(e)(1)For each electrical corporation, the commission shall allocate its proportionate share of the 125 megawatts based on the ratio of the electrical corporations peak demand to the total statewide peak demand.
(2)Procurement by an electrical corporation of generation capacity pursuant to a contract under the commissions Resolution E-4770 (March 17, 2016) that is in excess of the requirement of that electrical corporation under that resolution shall count towards meeting the electrical corporations proportionate share allocated pursuant to paragraph (1).
(f)The commission may direct each electrical corporation to develop standard contract terms and conditions that reflect the operational characteristics of the bioenergy projects and to provide a streamlined contracting process or may require the electrical corporations to use the mechanism established pursuant to the commissions Resolution E-4770 (March 17, 2016) to meet the requirements of subdivision (e). The procurement pursuant to the developed standard contract shall occur on an expedited basis due to the Proclamation of a State of Emergency on Tree Mortality declared by the Governor on October 30, 2015.
(g)A local publicly owned electric utility serving more than 100,000 customers shall procure its proportionate share, based on the ratio of the utilitys peak demand to the total statewide peak demand, of 125 megawatts of cumulative rated capacity from existing bioenergy projects described in subdivision (b) subject to terms of at least five years.
(h)The commission shall ensure that the costs of any contract procured by an electrical corporation to satisfy the requirements of this section are recoverable from all customers on a nonbypassable basis.(i)(h)The Procurement Review Group within the commission shall advise the commission on the cost of the generation procured pursuant to this section and its impact on ratepayers. section.
(j)(i)For purposes of this section, any incremental procurement of electricity products from bioenergy resources by a new contract or contract extension of five years or longer in duration shall be from a resource that meets emission limits equivalent to, or more stringent than, the applicable best available retrofit control technology, as determined by the local air pollution control district or air quality management district. The determination shall be made before the start of the operating period under the new contract or contract extension.
SEC. 12.Section 589 of the Public Utilities Code is amended to read:589.(a)In an existing or new proceeding, the commission shall require the electrical and gas corporations to cooperate in establishing a single Internet Web site internet website available to the public that provides up-to-date information, updated no less frequently than once every 30 days, regarding ratepayer-funded energy efficiency assistance programs that, that are funded through the Public Utilities Public Purpose Programs Fund for purposes of electrical corporations, and that are funded through ratepayers for purposes of gas corporations, to the extent the information is available, in an aggregate format that would not provide identifying information about individual customers of the electrical and gas corporations, include all of the following:
(1)The types of energy efficiency measures installed.
(2)The ZIP Code location of each customer receiving ratepayer-funded energy efficiency assistance. assistance pursuant to this section.
(3)The amount of funds expended at each ZIP Code location.
(4)The expected annual energy savings and reduced energy usage expected in kilowatthours or therms.
(b)(1)The commission shall order the electrical and gas corporations to establish, based on data, ratepayer-funded energy efficiency assistance program reports on program totals, geographical and monthly statistics, cost distribution, and progress toward program goals. goals pursuant to this section.
(2)The electrical and gas corporations shall make the reports available on the Internet Web site internet website established pursuant to subdivision (a).
(c)The commission shall require the electrical and gas corporations to publish data, including the amount expended, on the ratepayer-funded energy efficiency assistance programs that are not direct retrofits, including, but not limited to, research on building and appliance standards and marketing and outreach, on the Internet Web site internet website established pursuant to subdivision (a).
(d)The commission shall take steps necessary to ensure the Internet Web site internet website established pursuant to subdivision (a) is available to the public on or before June 1, 2014.
(e)The commission shall have a link to the Internet Web site internet website established pursuant to subdivision (a) on the commissions Internet Web site internet website and require the electrical and gas corporations to have a link to the Internet Web site internet website established pursuant to subdivision (a) on the appropriate page of the Internet Web site internet website of each electrical and gas corporation.
SEC. 13.Section 718 of the Public Utilities Code is amended to read:718.(a)(1) The commission shall develop policies, rules, or regulations with a goal of reducing, by January 1, 2024, the statewide level of gas and electric service disconnections for nonpayment by residential customers, including policies, rules, or regulations specific to the four gas and electrical corporations that have the greatest number of customers. The commission shall convene stakeholders, including, but not limited to, public health officials, consumer advocates, and organizations representing low-income communities, to assist with the development of the policies, rules, or regulations.
(2)Costs of the Arrearage Management Program established pursuant to commission Decision 20-06-003 (June 11, 2020), Phase 1 Decision Adopting Rules and Policy Changes to Reduce Residential Customer Disconnections for the Larger California-Jurisdictional Energy Utilities, shall be allocated from the Public Utilities Public Purpose Programs Fund established in Section 318.
(3)Costs of a Percentage of Income Payment Plan pilot program established pursuant to commission Decision 21-10-012 (October 7, 2021), Decision Authorizing Percentage of Income Payment Plan Pilot Programs, shall be allocated from the Public Utilities Public Purpose Programs Fund established in Section 318.
(b)(1)In each gas and electrical corporation general rate case, the commission shall do both of the following:
(A)Designate the impact of any proposed increase in rates on disconnections for nonpayment as an issue in the scope of the proceeding.
(B)Conduct an assessment of and properly identify the impact of any proposed increase in rates on disconnections for nonpayment, which shall be included in the record of the proceeding.
(2)The commission shall adopt residential utility disconnections for nonpayment as a metric and incorporate the metric into each gas and electrical corporation general rate case.
SEC. 14.Section 739.1 of the Public Utilities Code is amended to read:739.1.(a)The commission shall continue a program of assistance to low-income electric electricity and gas customers with annual household incomes that are no greater than 200 percent of the federal poverty guideline levels, the cost of which shall not be borne solely by any single class of customer. For one-person households, program eligibility shall be based on two-person household guideline levels. The program shall be referred to as the California Alternate Rates for Energy or CARE program. The commission shall ensure that the level of discount for low-income electric electricity and gas customers correctly reflects the level of need.
(b)The portion of the CARE program applicable to electricity customers shall be funded by moneys allocated from the Public Utilities Public Purpose Programs Fund.
(b)(c)The commission shall establish rates for CARE program participants, subject to both of the following:
(1)That the commission ensure that low-income ratepayers are not jeopardized or overburdened by monthly energy expenditures, pursuant to subdivision (b) of Section 382.
(2)That the level of the discount for low-income electricity and gas ratepayers correctly reflects the level of need as determined by the needs assessment conducted pursuant to subdivision (d) of Section 382.
(c)(d)In establishing CARE discounts for an electrical corporation with 100,000 or more customer accounts in California, the commission shall ensure all of the following:
(1)The average effective CARE discount shall not be less than 30 percent or more than 35 percent of the revenues that would have been produced for the same billed usage by non-CARE customers. The average effective discount determined by the commission shall not reflect any charges for which CARE customers are exempted, discounts to fixed charges or other rates paid by non-CARE customers, or bill savings resulting from participation in other programs, including the medical baseline allowance pursuant to subdivision (c) of Section 739. The average effective CARE discount shall be calculated as a weighted average of the CARE discounts provided to individual customers.
(2)If an electrical corporation provides an average effective CARE discount in excess of the maximum percentage specified in paragraph (1), the electrical corporation shall not reduce, on an annual basis, the average effective CARE discount by more than a reasonable percentage decrease below the discount in effect on January 1, 2013, or that the electrical corporation had been authorized to place in effect by that date.
(3)The entire discount shall be provided in the form of a reduction in the overall bill for the eligible CARE customer.
(d)(e)The commission shall work with electrical and gas corporations to establish penetration goals. The For gas corporations, the commission shall authorize recovery of all administrative costs associated with the implementation of the CARE program that the commission determines to be reasonable, through a balancing account mechanism. For electrical corporations, the commission shall authorize recovery, from moneys allocated from the Public Utilities Public Purpose Programs Fund, of all administrative costs associated with the implementation of the CARE program that the commission determines to be reasonable, through a balancing account mechanism. Administrative costs shall include, but are not limited to, outreach, marketing, regulatory compliance, certification and verification, billing, measurement and evaluation, and capital improvements and upgrades to communications and processing equipment.
(e)(f)The commission shall examine methods to improve CARE enrollment and participation. This examination shall include, but need not be limited to, comparing information from CARE and the Universal Lifeline Telephone Service (ULTS) to determine the most effective means of using that information to increase CARE enrollment, automatic enrollment of ULTS customers who are eligible for the CARE program, customer privacy issues, and alternative mechanisms for outreach to potential enrollees. The commission shall ensure that a customer consents before enrollment. The commission shall consult with interested parties, including ULTS providers, to develop the best methods of informing ULTS customers about other available low-income programs and the best mechanism for telephone providers to recover reasonable costs incurred pursuant to this section.
(f)(g)(1)The commission shall improve the CARE application process by cooperating with other entities and representatives of California government, including the California Health and Human Services Agency and the Secretary of California Health and Human Services, to ensure that all gas and electric customers eligible for public assistance programs in California that reside within the service territory of an electrical corporation or gas corporation, are enrolled in the CARE program. The commission may determine that gas and electric customers are categorically eligible for CARE assistance if they are enrolled in other public assistance programs with substantially the same income eligibility requirements as the CARE program. To the extent practicable, the commission shall develop a CARE application process using the existing ULTS application process as a model. The commission shall work with electrical and gas corporations and the Low-Income Oversight Board established in Section 382.1 to meet the low-income objectives in this section.
(2)The commission shall ensure that an electrical corporation or gas corporation with a commission-approved program to provide discounts based upon economic need in addition to the CARE program, including a Family Electric Rate Assistance program, uses a single application form, to enable an applicant to alternatively apply for any assistance program for which the applicant may be eligible. It is the intent of the Legislature to allow applicants under one program, that may not be eligible under that program, but that may be eligible under an alternative assistance program based upon economic need, to complete a single application for any commission-approved assistance program offered by the public utility.
(g)(h)It is the intent of the Legislature that the commission ensure CARE program participants receive affordable electrical and gas service that does not impose an unfair economic burden on those participants.
(h)(i)The commissions program of assistance to low-income electric electricity and gas customers shall, as soon as practicable, include nonprofit group living facilities specified by the commission, if the commission finds that the residents in these facilities substantially meet the commissions low-income eligibility requirements and there is a feasible process for certifying that the assistance shall be used for the direct benefit, such as improved quality of care or improved food service, of the low-income residents in the facilities. The commission shall authorize utilities to offer discounts to eligible facilities licensed or permitted by appropriate state or local agencies, and to facilities, including womens shelters, hospices, and homeless shelters, that may not have a license or permit but provide other proof satisfactory to the utility that they are eligible to participate in the program.
(i)(j)(1)In addition to existing assessments of eligibility, an electrical corporation may require proof of income eligibility for those CARE program participants whose electricity usage, in any monthly or other billing period, exceeds 400 percent of baseline usage. The authority of an electrical corporation to require proof of income eligibility is not limited by the means by which the CARE program participant enrolled in the program, including if the participant was automatically enrolled in the CARE program because of participation in a governmental assistance program. If a CARE program participants electricity usage exceeds 400 percent of baseline usage, the electrical corporation may require the CARE program participant to participate in the Energy Savings Assistance Program (ESAP), which includes a residential energy assessment, in order to provide the CARE program participant with information and assistance in reducing the CARE program participants energy usage. Continued participation in the CARE program may be conditioned upon the CARE program participant agreeing to participate in ESAP within 45 days of notice being given by the electrical corporation pursuant to this paragraph. The electrical corporation may require the CARE program participant to notify the utility of whether the residence is rented, and, if so, a means by which to contact the landlord, and the electrical corporation may share any evaluation and recommendation relative to the residential structure that is made as part of an energy assessment, with the landlord of the CARE program participant. Requirements imposed pursuant to this paragraph shall be consistent with procedures adopted by the commission.
(2)If a CARE program participants electricity usage exceeds 600 percent of baseline usage, the electrical corporation shall require the CARE program participant to participate in ESAP, which includes a residential energy assessment, in order to provide the CARE program participant with information and assistance in reducing the CARE program participants energy usage. Continued participation in the CARE program shall be conditioned upon the CARE program participant agreeing to participate in ESAP within 45 days of a notice made by the electrical corporation pursuant to this paragraph. The electrical corporation may require the CARE program participant to notify the utility of whether the residence is rented, and, if so, a means by which to contact the landlord, and the electrical corporation may share any evaluation and recommendation relative to the residential structure that is made as part of an energy assessment, with the landlord of the CARE program participant. Following the completion of the energy assessment, if the CARE program participants electricity usage continues to exceed 600 percent of baseline usage, the electrical corporation may remove the CARE program participant from the program if the removal is consistent with procedures adopted by the commission. This paragraph does not prevent a CARE program participant with electricity usage exceeding 600 percent of baseline usage from participating in an appeals process with the electrical corporation to determine whether the participants usage levels are legitimate.
(3)A CARE program participant in a rental residence shall not be removed from the program in situations where the landlord is nonresponsive when contacted by the electrical corporation or does not provide for ESAP participation.
SEC. 15.Section 739.3 of the Public Utilities Code is amended to read:739.3.(a)Subject to direction and supervision by the commission, each electrical corporation and gas corporation shall develop and implement a program of rate assistance to eligible food banks at a fixed percentage to be determined by the commission. The commission may adjust the fixed percentage as appropriate. The funding source for the gas rate assistance program is the surcharge on all natural gas imposed pursuant to Section 890, and the amount of that funding shall be subject to the approval of the commission. Funding for the electric rate assistance program is through the Public Utilities Public Purpose Programs Fund.
(b)The Legislature encourages the governing board of each local publicly owned electric utility to develop and implement a program of rate assistance to eligible food banks at a fixed percentage, to be determined by the governing board, but consistent with that fixed by the commission for electrical corporations.
(c)For purposes of this section, the following terms have the following meanings:
(1)Eligible food bank means a qualified eligible recipient agency that has executed an agreement with the State Department of Social Services in order to participate in The Emergency Food Assistance Program administered by the Food and Nutrition Service of the United States Department of Agriculture.
(2)Eligible recipient agency has the same meaning as defined in Section 251.3(d) of Title 7 of the Code of Federal Regulations.
(3)Agreement means an agreement executed in compliance with Section 251.2 of Title 7 of the Code of Federal Regulations.
SEC. 16.Section 739.4 of the Public Utilities Code is amended to read:739.4.(a)Any A natural gas customer who enrolls in the CARE program after the effective date of this section, May 22, 2001, but before October 1, 2001, shall receive the same one-time bill credit based on the amount of each gas corporations average CARE customer discount applied for each month in October 2000 to March 2001, inclusive. The credit does not apply to a customer who initiates service with a gas corporation after the effective date of this section, May 22, 2001, and who has no prior history of service with the gas corporation. CARE program funds shall be used for the purpose of providing these credits. The commission shall adjust CARE program income requirements annually to reflect the increased cost-of-living due to inflation.
(b)The commission shall require all electrical and gas utilities through which CARE program rates are available to do all of the following, in multilingual formats to the extent printed and recorded information is provided, to facilitate better penetration rates for the CARE program and to protect low-income and senior households from unwarranted disconnection of necessary electric and gas services:
(1)Provide an outgoing message on all calls, where the customer is seeking to establish service or is put on hold, to customer service lines that briefly describes the CARE program in standard language approved by the commission, and that provides a toll-free phone number for customers to call to subscribe to the program or for further information.
(2)Provide information to customers about the CARE program and facilitate subscription to CARE, on all calls in which customers are making payment arrangements, on all collections calls, and on all calls for reconnection of service.
(3)(A)Provide information about the CARE program and other assistance programs, and attempt to qualify customers for CARE, and provide information about individual payment arrangements that allow customers to pay the amounts due over a reasonable period of time, not to exceed 12 months, and attempt to enroll customers in a payment arrangement program, before effecting any disconnection of service for nonpayment or inability to pay energy bills in full.
(B)(i)Offer individual payment arrangements to customers so that the customer is able to pay amounts due over a reasonable period of time, not to exceed 12 months.
(ii)Prohibit the disconnection of customers that have made, and are in compliance with, payment arrangements offered by an electric or gas utility pursuant to this subparagraph.
(C)Prohibit the disconnection of a delinquent residential customer for amounts due in which the electric or gas utility receives a commitment pledge, letter of intent, purchase order, or other notification that a provider of energy assistance is forwarding payment sufficient to prevent disconnection.
(D)(i)Advise residential customers facing disconnection or who contact the utility to make payment arrangements of the levelizing payment program that allows them to pay a monthly average bill based on 12 months usage.
(ii)Advise residential customers about enrollment in the levelizing payment program in conjunction with completion of payment arrangements, payment under terms of subparagraph (B), or at the customers request absent those arrangements.
(E)Nothing in this This paragraph is not intended to reduce the revenues of any utility extending payment arrangements subject to the terms of the paragraph.
(4)Provide information on customer bills, presented in a conspicuous manner on a front facing page, that indicates that a customer may be eligible for the CARE program. This notice shall be provided quarterly on customer bills.
(c)The commission shall conduct targeted outreach about the program using census block data to effectively target low-income and senior households throughout the state.
(d)CARE program funds shall be used for the purposes of paragraph (3) of subdivision (b) and outreach pursuant to subdivision (c). The commissions costs for outreach pursuant to subdivision (c) may not exceed five hundred thousand dollars ($500,000) above the amount that the commission currently expends on similar activities related to the CARE program. Energy Gas corporations may recover all reasonable costs of implementing this section from the CARE program funds funds. The commission shall reimburse, using moneys allocated from the Public Utilities Public Purpose Programs Fund, electrical corporations for their reasonable costs of implementing this section.
SEC. 17.Section 739.9 of the Public Utilities Code is amended to read:739.9.(a)Fixed charge means any fixed customer charge, basic service fee, demand differentiated basic service fee, demand charge, or other charge not based on the volume of electricity consumed.
(b)Increases to electrical rates and charges in rate design proceedings, including any reduction in the California Alternate Rates for Energy (CARE) discount, shall be reasonable and subject to a reasonable phase-in schedule relative to the rates and charges in effect before January 1, 2014.
(c)Consistent with the requirements of Section 739, the commission may modify the seasonal definitions and applicable percentage of average consumption for one or more climatic zones.
(d)The commission may adopt new, or expand existing, fixed charges for the purpose of collecting a reasonable portion of the fixed costs of providing electrical service to residential customers. The commission shall ensure that any approved charges do all of the following:
(1)Reasonably reflect an appropriate portion of the different costs of serving small and large customers.
(2)Not unreasonably impair incentives for conservation, energy efficiency, and beneficial electrification and greenhouse gas emissions reduction.
(3)Are set at levels that do not overburden low-income customers.
(e)(1)For the purposes of this section and Section 739.1, section, the commission may authorize fixed charges for any rate schedule applicable to a residential customer account. The fixed charge shall be established on an income-graduated basis with no fewer than three income thresholds so that a low-income ratepayer in each baseline territory would realize a lower average monthly bill without making any changes in usage. The commission shall, no later than July 1, 2024, authorize a fixed charge for default residential rates.
(2)For purposes of this subdivision, income-graduated means that low-income customers pay a smaller fixed charge than high-income customers.
(f)Notwithstanding the requirements of subdivision (d) of Section 739 and Section 739.7, the commission shall not apply the composite tier method to the treatment of any revenues resulting from any fixed charge adopted pursuant to this section.
SEC. 18.Section 2788 of the Public Utilities Code is amended to read:2788.(a)The commission shall allow for purposes of setting the rates of any electrical or a gas corporation participating in a home insulation assistance and financing program all expenses which that the commission finds are reasonably related to the implementation and administration of the program, including commercial advertising. The commission may disapprove any such advertising or promotion which promotional expenses that the commission finds is are not reasonably designed to promote the success of the home insulation financial assistance program.
(b)Using moneys allocated from the Public Utilities Public Purposes Program Fund, the commission shall reimburse an electrical corporation participating in a home insulation assistance and financing program for all expenses that the commission finds are reasonably related to the implementation and administration of the program, including commercial advertising. The commission may disapprove advertising or promotional expenses that the commission finds are not reasonably designed to promote the success of the home insulation financial assistance program.
SEC. 19.Section 2851 of the Public Utilities Code is amended to read:2851.(a)In implementing the California Solar Initiative, the commission shall do all of the following:
(1)(A)The commission shall authorize the award of monetary incentives for up to the first megawatt of alternating current generated by solar energy systems that meet the eligibility criteria established by the Energy Commission pursuant to Chapter 8.8 (commencing with Section 25780) of Division 15 of the Public Resources Code. The commission shall determine the eligibility of a solar energy system, as defined in Section 25781 of the Public Resources Code, to receive monetary incentives until the time the Energy Commission establishes eligibility criteria pursuant to Section 25782. Monetary incentives shall not be awarded for solar energy systems that do not meet the eligibility criteria. The incentive level authorized by the commission shall decline each year following implementation of the California Solar Initiative, at a rate of no less than an average of 7 percent per year, and, except as provided in subparagraph (B), shall be zero as of December 31, 2016. The commission shall adopt and publish a schedule of declining incentive levels no less than 30 days in advance of the first decline in incentive levels. The commission may develop incentives based upon the output of electricity from the system, provided those incentives are consistent with the declining incentive levels of this paragraph and the incentives apply to only the first megawatt of electricity generated by the system.
(B)The incentive level for the installation of a solar energy system pursuant to Section 2852 shall be zero as of December 31, 2021.
(2)The commission shall adopt a performance-based incentive program so that by January 1, 2008, 100 percent of incentives for solar energy systems of 100 kilowatts or greater and at least 50 percent of incentives for solar energy systems of 30 kilowatts or greater are earned based on the actual electrical output of the solar energy systems. The commission shall encourage, and may require, performance-based incentives for solar energy systems of less than 30 kilowatts. Performance-based incentives shall decline at a rate of no less than an average of 7 percent per year. In developing the performance-based incentives, the commission may:
(A)Apply performance-based incentives only to customer classes designated by the commission.
(B)Design the performance-based incentives so that customers may receive a higher level of incentives than under incentives based on installed electrical capacity.
(C)Develop financing options that help offset the installation costs of the solar energy system, provided that this financing is ultimately repaid in full by the consumer or through the application of the performance-based rebates.
(3)By January 1, 2008, the commission, in consultation with the Energy Commission, shall require reasonable and cost-effective energy efficiency improvements in existing buildings as a condition of providing incentives for eligible solar energy systems, with appropriate exemptions or limitations to accommodate the limited financial resources of low-income residential housing.
(4)Notwithstanding subdivision (g) of Section 2827, the commission may develop a time-variant tariff that creates the maximum incentive for ratepayers to install solar energy systems so that the systems peak electricity production coincides with Californias peak electricity demands and that ensures that ratepayers receive due value for their contribution to the purchase of solar energy systems and customers with solar energy systems continue to have an incentive to use electricity efficiently. In developing the time-variant tariff, the commission may exclude customers participating in the tariff from the rate cap for residential customers for existing baseline quantities or usage by those customers of up to 130 percent of existing baseline quantities, as required by Section 739.9. Nothing in this This paragraph authorizes does not authorize the commission to require time-variant pricing for ratepayers without a solar energy system.
(b)Notwithstanding subdivision (a), in implementing the California Solar Initiative, the commission may authorize the award of monetary incentives for solar thermal and solar water heating devices, in a total amount up to one hundred million eight hundred thousand dollars ($100,800,000).
(c)(1)In implementing the California Solar Initiative, the commission shall not allocate more than fifty million dollars ($50,000,000) to research, development, and demonstration that explores solar technologies and other distributed generation technologies that employ or could employ solar energy for generation or storage of electricity or to offset natural gas usage. Any program that allocates additional moneys to research, development, and demonstration shall be developed in collaboration with the Energy Commission to ensure there is no duplication of efforts, and adopted by the commission through a rulemaking or other appropriate public proceeding. Any grant awarded by the commission for research, development, and demonstration shall be approved by the full commission at a public meeting. This subdivision does not prohibit the commission from continuing to allocate moneys to research, development, and demonstration pursuant to the self-generation incentive program for distributed generation resources originally established pursuant to Chapter 329 of the Statutes of 2000, as modified pursuant to Section 379.6.
(2)The Legislature finds and declares that a program that provides a stable source of monetary incentives for eligible solar energy systems will encourage private investment sufficient to make solar technologies cost effective.
(d)(1)The commission shall not impose any charge upon on the consumption of natural gas, or upon on natural gas ratepayers, to fund the California Solar Initiative.
(2)Notwithstanding any other provision of law, any charge imposed to fund the program adopted and implemented pursuant to this section shall be imposed upon all customers not participating in the California Alternate Rates for Energy (CARE) or family electric rate assistance (FERA) programs, including those residential customers subject to the rate limitation specified in Section 739.9 for existing baseline quantities or usage up to 130 percent of existing baseline quantities of electricity.
(3)The costs of the program adopted and implemented pursuant to this section shall not be recovered from customers participating in the California Alternate Rates for Energy or CARE program established pursuant to Section 739.1, except to the extent that program costs are recovered out of the nonbypassable system benefits charge authorized pursuant to Section 399.8. program.
(e)Except as provided in subdivision (f), in implementing the California Solar Initiative, the commission shall ensure that the total cost over the duration of the program does not exceed three billion five hundred fifty million eight hundred thousand dollars ($3,550,800,000). Except as provided in subdivision (f), financial components of the California Solar Initiative shall consist of the following:
(1)Programs under the supervision of the commission funded by charges collected from customers of and administered by the San Diego Gas and Electric Company, Southern California Edison Company, and or Pacific Gas and Electric Company. Except as provided in subdivision (f), the total cost over the duration of these programs shall not exceed two billion three hundred sixty-six million eight hundred thousand dollars ($2,366,800,000) and includes moneys collected directly into in a tracking account for support of the California Solar Initiative.
(2)Programs adopted, implemented, and financed in the amount of seven hundred eighty-four million dollars ($784,000,000), by charges collected by local publicly owned electric utilities pursuant to Section 2854. Nothing in this This subdivision shall not give the commission power and jurisdiction with respect to a local publicly owned electric utility or its customers.
(3)(A)Programs for the installation of solar energy systems on new construction (New Solar Homes Partnership Program), administered by the Energy Commission, and funded by charges in the amount of four hundred million dollars ($400,000,000), collected from customers of San Diego Gas and Electric Company, Southern California Edison Company, and Pacific Gas and Electric Company. If the commission is notified by the Energy Commission that funding available pursuant to Section 25751 of the Public Resources Code for the New Solar Homes Partnership Program and any other funding for the purposes of this paragraph have been exhausted, the commission may require an electrical corporation to continue administration of the program pursuant to the guidelines established for the program by the Energy Commission, until the funding limit authorized by this paragraph has been reached. The commission may determine whether a third party, including the Energy Commission, should administer the utilitys continuation of the New Solar Homes Partnership Program. The commission, in consultation with the Energy Commission, shall supervise the administration of the continuation of the New Solar Homes Partnership Program by an electrical corporation or third-party administrator. After the exhaustion of funds, the Energy Commission shall notify the Joint Legislative Budget Committee 30 days prior to before the continuation of the program. This subparagraph shall become inoperative on June 1, 2018.
(B)If the commission requires a continuation of the program pursuant to subparagraph (A), any funding made available pursuant to the continuation program shall be encumbered through the issuance of rebate reservations by no later than June 1, 2018, and disbursed by no later than December 31, 2021.
(4)The changes made to this subdivision by Chapter 39 of the Statutes of 2012 do not authorize the levy of a charge or any increase in the amount collected pursuant to any existing charge, nor do the changes add to, or detract from, the commissions existing authority to levy or increase charges.
(f)Upon the expenditure or reservation in any electrical corporations service territory of the amount specified in paragraph (1) of subdivision (e) for low-income residential housing programs pursuant to subdivision (c) of Section 2852, the commission shall authorize the continued collection of the charge for the purposes of Section 2852. The commission shall ensure that the total amount collected pursuant to this subdivision does not exceed one hundred eight million dollars ($108,000,000). Upon approval by the commission, an electrical corporation may use amounts collected pursuant to subdivision (e) for purposes of funding the general market portion of the California Solar Initiative, that remain unspent and unencumbered after December 31, 2016, to reduce the electrical corporations portion of the total amount collected pursuant to this subdivision.
SEC. 20.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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Date
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Status
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| Feb 1, 2024 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
| Jan 31, 2024 | Died pursuant to Art. IV, Sec. 10(c) of the Constitution. |
| May 18, 2023 | In committee: Held under submission. |
| Apr 26, 2023 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Mar 28, 2023 | Re-referred to Com. on APPR. |
| Mar 27, 2023 | Read second time and amended. |
| Mar 23, 2023 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (March 22). |
| Mar 2, 2023 | Referred to Com. on U. & E. |
| Feb 16, 2023 | From printer. May be heard in committee March 18. |
| Feb 15, 2023 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Mar 22, 2023 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Utilities and Energy |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| CalChamber | ** Support | |
| California Large Energy Consumers Association | ** Support | |
| California State Association Of Electrical Workers | ** Support | |
| Coalition of California Utility Employees | ** Support | |
| Pacific Gas and Electric | * Support | Mar 22, 2023 |
| San Diego Gas & Electric | * Support | Mar 22, 2023 |
| Southern California Edison | * Support | Mar 22, 2023 |
| The Utility Reform Network | ** Against |
Date of Hearing: April 26, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 982
Author:(Villapudua) – As Amended Ver:March 27, 2023
Policy Committee: | Utilities and Energy | Vote: | 14 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill eliminates the collection of money from electrical utility ratepayers that funds certain “public purpose programs,” such as energy efficiency and clean energy research.
The bill establishes the Public Utilities Public Purpose Programs (PUPPP) Fund, and directs the California Public Utilities Commission (CPUC) to allocate monies in the fund, upon appropriation, to fund the programs currently funded through an electrical corporation’s public purpose program fund rate component as of December 31, 2023, the Costs of the Arrearage Management Program, the Costs of a Percentage of Income Payment Plan pilot program, as well as any other program the CPUC determines, via a public process, provides public benefits.
The bill explicitly excludes from the definition of public purpose programs two programs that provide rate assistance to low-income utility customers: the Family Electric Rate Assistance (FERA) program and the California Alternate Rates for Energy (CARE) program.
The bill declares, among other things, the intent of the Legislature to appropriate General Fund moneys sufficient to pay for these public purpose programs.
FISCAL EFFECT:
- Cost pressure of an unknown amount, but in the hundreds of millions of dollars at least, to provide General Fund monies sufficient to fund the public purpose programs. In 2022, the utilities regulated by the CPUC collected from their ratepayers approximately $1.3 billion for various public purpose programs, not including the FERA or CARE programs.
- The CPUC expects the bill to create “significant new work” for the CPUC, which the CPUC calculates to be, in total, $6.4 million in one-time costs and $6.9 million in ongoing costs (Public Utilities Reimbursement Account (PURA)).
CPUC’s estimate of one-time costs includes:
- $6.0 million to procure, develop and implement new data management systems to track and process deposits and payments to support the public purpose programs.
- $380,000 for two information technology specialists to design application and data architecture; provide security, system, and user support; and serve as the project manager for implementation.
CPUC’s estimate of ongoing costs includes 14 permanent positions, as follows:
- $3.0 million for maintenance and operations of the new data management systems to track and process deposits and payments to support the public purpose programs.
- $3.0 million for 14 permanent positions:
- Four regulatory analysts ($780,000), three managerial/supervisorial positions ($712,000) and one accounting position ($124,000) to, among other duties, develop new contracting policy, including payment structures for various public purpose programs; revise existing interagency agreements; determine how to prioritize public purpose programs and how to allocate PUPPP Fund monies, if the PUPP Fund does not have sufficient monies to fully fund all public purpose programs; incorporate new policies into utility general rate cases; review invoices; and coordinate communication among CPUC and stakeholders.
- One administrative law judge ($250,000) to oversee proceedings to establish a process for allocating funds from the PUPPP Fund and authorizing collection from ratepayers of any public purpose program costs not funded by the PUPPP Fund, and two attorneys ($552,000) to support the administrative law judge, the division and commissioners.
- Three information technology specialists ($578,000) to design data and security architecture, assist with project implementation, support maintenance and operation, and provide ongoing end user support and training.
- $925,000 to backfill expenses associated with the Electric Program Investment Charge (EPIC) program, including staff salaries, travel and consultant costs.
The CPUC acknowledges its estimates of the costs to implement this bill are somewhat speculative and will depend, to some extent, on interpretation of the bill’s requirements and choices regarding implementation.
COMMENTS:
- Purpose. The author contends it would be more reasonable to fund programs that provide general benefits to all Californians from the General Fund, instead of electric utility bills, and asserts doing so better aligns electric bills with the cost of service. According to the author:
Utility bills are saturated with various add-on costs through the Public Purpose Program (PPP) surcharge which are unrelated to the cost of supplying electricity. Though low-income customers benefit from PPP programs, they also pay a portion of their electric utility bill to support the PPP, thus diluting the benefits from the low-income programs. One of the best ways to help the working poor would be to remove these add-on costs, which would make sure that utility rates more closely reflect the cost to provide electric service. Since the PPP funds advance California’s climate change policies, which benefit all Californians, it is more appropriate for the General Fund to fund the PPP, not just electric utility customers.
- Background. The CPUC has approved a number of specific charges to fund public purpose programs, such as energy efficiency, low-income bill subsidies and various other programs. Those charges make up between approximately 5% and 8% of an IOU customer’s monthly utility bill (or, on average, between approximately $8 and $12 each month). While the charges are a small part of a utility customer’s bill, they are not insignificant, and because utility billing is not progressively tied to income, these charges often fall disproportionately on low-income customers. In addition, by inflating the price of energy beyond what it costs society to generate, transmit and consume that energy, such charges discourage a utility customer from choosing to consume the socially ideal amount of energy. In the case of electrical utility customers, at least, this is a public policy problem. That is because it runs counter to state policy that encourages widespread electrification of transportation and buildings as a method to help the state meet it greenhouse gas emission reduction goals and other environmental objectives.
The specific programs and purposes funded by public purpose program charges vary by utility, as might the amount of the charges themselves, but the programs may include all the following:
- Energy Efficiency.
- Energy Savings Assistance.
- Self-Generation Incentive Program (SGIP).
- Food Bank Discount.
- San Diego (SD) Port Program.
- AB 841 Schools Energy Efficiency Stimulus Program.
- Flex Alert.
- Conservation Incentive Adjustment.
- Summer Reliability Order Instituting Rulemaking.
- EPIC.
- Tree Mortality Non-bypassable Charge.
- BioMAT (Bioenergy Market Adjusting Tariff) Non-bypassable Charge.
- Wildfire and Natural Disaster Resiliency Rebuild (WNDRR) Program.
- Costs of Arrearage Management Program.
This bill removes these charges from utility customer bills, and leaves it to the Legislature to appropriate monies to fund public purpose programs. Were the Legislature to do so, it could use General Fund monies, which are the proceeds of taxation that is, generally, highly progressive; that is, those with higher incomes pay a larger proportion of their incomes in taxes.
Of course, relying on legislative appropriation to fund the public purpose programs exposes those programs, and the purposes they serve, to the uncertainties of the annual budget process. Perhaps wisely, the bill maintains charges for the low-income bill subsidy programs CARE and FERA on utility ratepayers’ bills, thereby ensuring consistent funding for these programs.
If the Legislature wishes to subsidize—partially or completely, and once or forever—the cost for public purpose programs currently paid by IOU ratepayers, it could simply appropriate money for that purpose, without a change in existing law.
The CPUC notes that this bill might result in ratepayers of the state’s publicly owned utilities—such as the Los Angeles Department of Water and Power and the Sacramento Municipal Utilities District—being “double taxed, in that those ratepayers would pay for both their utility’s public purposes programs that benefit the ratepayers of that particular utility and, through payment of general taxes, for similar benefits to the ratepayers of the IOUs.
- Prior Legislation.
- AB 205 (Committee on Budget), Chapter 61, Statues of 2022, among its many provisions, provided an additional $1.2 billion to cover outstanding energy utility arrears accrued during the COVID-19 pandemic and directed the CPUC to establish an income-graduated fixed charge for default residential rates by July 1, 2024, so that low-income ratepayers would realize lower average monthly bills.
- AB 2765 (Santiago), of the 2021-22 Legislative Session, was generally similar to this bill and was held on this committee’s suspense file.
Analysis Prepared by: Jay Dickenson / APPR. / (916) 319-2081
Date of Hearing: March 22, 2023
ASSEMBLY COMMITTEE ON UTILITIES AND ENERGY
Eduardo Garcia, Chair
ABPCA Bill Id:AB 982 (
Author:Villapudua) – As Introduced Ver:February 15, 2023
SUBJECT: Public Utilities Public Purpose Programs Fund
SUMMARY: Eliminates from electric investor-owned utility (IOU) rates the costs of various programs, including utility bill discount programs for low-income customers, and instead establishes a Public Utilities Public Purpose Programs Fund (PUPPP Fund) in the State Treasury to fund the programs. Specifically, this bill:
- Defines “public purpose programs” as the Family Electric Rate Assistance (FERA) program, the California Alternative Rates for Energy (CARE) program, programs funded through an IOU’s public purpose program rate component as of December 31, 2023, or other programs determined by the California Public Utilities Commission (CPUC) in an open proceeding.
- Establishes the PUPPP Fund in the State Treasury and authorizes the CPUC to allocate monies from PUPPP, upon appropriation by the Legislature, to public purpose programs, as defined.
- Mandates monies allocated from the PUPPP Fund shall be used to fund electrical efficiency; renewable energy; research, development, and demonstration projects; Bioenergy Renewable Auction Mechanism (BioRAM) procurement costs; costs from the Arrearage Management Program established in June 2020; costs from the Percentage of Income Payment Plan pilot program established in October 2021; the portion of CARE and FERA costs and Self-Generation Incentive Program (SGIP) costs currently arising from electric IOU customers; electric rate assistance to eligible food banks; and home insulation assistance program costs.
- Removes the requirement that the costs of the CARE program be allocated to electric utility customers on an equal cents per kilowatt-hour basis; retains this requirement for gas customers.
- Permits the collection of funds previously from electric IOU ratepayers for SGIP to arise from the PUPPP fund, while maintaining the collection of SGIP funds in the rates of gas IOU customers. Clarifies that upon the sunset of SGIP in January 2026, any remaining funds will be disbursed to whichever source they originated from – IOU ratepayers or the PUPPP fund.
- Mandates the CPUC require the electric IOUs to establish a two-way balancing account for monies allocated from the PUPPP.
- Strikes the requirement that electric IOUs allow customers to voluntarily contribute through their electric bills to fund programs seeking the development of emerging renewable energy resources.
- Mandates the CPUC to reimburse—through PUPPP—electric IOUs that participate in home insulation assistance and financing programs for all expenses related to implementing and administering the program that the CPUC finds reasonable.
- States the Legislative intent that low-income bill support continues to be provided and that prudent investments in energy efficiency, renewable energy, research, development, and demonstration continue to be made.
- Finds and declares, among other things, that electric rates are increasing and therefore providing rate relief by moving certain programs that benefit all taxpayers, not just utility customers, would be beneficial and equitable.
EXISTING LAW:
- Establishes the CARE program, a program of assistance to low-income residential IOU customers with annual household incomes no greater than 200% of federal poverty guidelines. CARE discounts cannot be less than 30% nor greater than 35% of the revenues that would have been produced for the same billed usage by non-CARE customers, and requires the entire discount to be provided in the form of a reduction in the overall bill for the eligible CARE customer. (Public Utilities Code § 739.1)
- Establishes the FERA program, a program of assistance to low-income residential customers of the state’s three largest IOUs whose household income ranges between 200% and 250% of the federal poverty guidelines, slightly exceeding the CARE allowance. Requires the FERA program discount to be an 18% line-item discount applied to an eligible customer’s bill calculated at the applicable rate for the billing period. (Public Utilities Code § 739.12)
- Mandates each electric and gas IOU to develop and implement a rate assistance program at a fixed percentage to eligible food banks, as specified. (Public Utilities Code § 739.3)
- Requires electric and gas IOUs to provide weatherization assistance, and specifies that weatherization means attic insulation, caulking, weather-stripping, a low flow showerhead, water heater blanket, and door and building envelope repairs to reduce air infiltration for low-income customers. This program is known as the Energy Savings Assistance Program (ESA). (Public Utilities Code § 2790 (a), (b))
- Creates a charge on electricity and natural gas consumption to fund cost-effective energy efficiency and conservation activities. (Public Utilities Code §§ 381, 890, and 1615)
- Establishes within the Renewables Portfolio Standard Program a requirement that electrical corporations, by December 31, 2023, collectively procure, through financial commitments of five to fifteen years, their proportionate share of 125 MW of cumulative rated generating capacity from bioenergy projects commencing operation prior to June 1, 2013, that each produces its generation using specified minimum percentages of certain types of forest feedstock, including from Tier 1 and Tier 2 high hazard zones. This program is known as BioRAM. (Public Utilities Code § 399.20.3)
- Establishes the SGIP and allows the CPUC to direct IOUs to collect up to $166 million annually from ratepayers through December 31, 2024, to be used to provide SGIP incentives for distributed energy resources. The CPUC must administer SGIP incentives until January 1, 2026, and provide repayment of all unallocated SGIP funds to reduce ratepayer costs. (Public Utilities Code § 379.6)
FISCAL EFFECT: Unknown. This bill is keyed fiscal and will be referred to the Committee on Appropriations for its review.
BACKGROUND:
What’s in a Utility Rate? – Costs that utilities can forecast with reasonable accuracy are examined and approved by the CPUC in general rate case (GRC) proceedings.[1] In these GRC proceedings, the CPUC determines the total amount the utility is authorized to collect (the “revenue requirement”). The utilities’ authorized revenue requirements typically remain unchanged even if the utilities spend more or less than authorized by the CPUC.[2] Approximately 63% of the utilities’ electric revenue requirements are set in GRCs at the CPUC and FERC;[3] the remaining 37% consists of pass-through of the costs of power procurement, DWR bond charges, nuclear decommissioning trusts, Public Purpose Programs (PPP), fees, and regulatory expenses approved by the CPUC.[4] Table 1 shows the breakdown of the major components of the electric IOUs’ 2021 revenue requirement, of which PPP is a small, but not insignificant amount.
Table 1: 2021 Electric IOU Authorized Costs ($ billions)[5]
Source | SCE | PG&E | SDG&E |
Generation/Energy Procurement | 5.23 | 5.07 | 1.42 |
Distribution | 6.58 | 5.59 | 1.6 |
Transmission | 1.25 | 2.03 | 0.73 |
Public Purpose Programs | 0.76 | 0.62 | 0.47 |
Bonds and Fees | 0.55 | 1.05 | 0.09 |
Total | 14.39 | 14.38 | 4.33 |
PPP costs include energy efficiency, low-income ESA, CARE, and various other programs like the Schools Energy Efficiency Program, created pursuant to AB 841 (Ting, Chapter 372, Statutes of 2020). From 2020 to 2021, the PPP increased for PG&E and SCE, and decreased for SDG&E.[6] The primary driver of the increase in PPP costs was an increase in CARE collections. Table 2 shows the breakdown of how much these PPP programs contribute to an average residential bundled customer’s bill (not enrolled in CARE).
Table 2: Electric IOU PPP Costs in Estimated Monthly Customer Bills[7]
Utility | Total PPP Portion of Estimated 2022 Monthly Bill | Total Estimated Customer 2022 Monthly Bill | PPP % of Total |
PG&E | $9.75 | $165 | 6% |
SCE | $11.83 | $149 | 8% |
SDG&E | $8.35 | $158 | 5% |
Low-income Affordability Programs: CARE and FERA – The primary existing policy to help low-income customers pay their energy bills is the CARE program. Households enrolled in CARE receive a 30-35% discount on their electric bill[8] and a 20% discount on their natural gas bill. While CARE provides a reduction in electricity and natural gas bills, it does not guarantee an affordable bill. In fact, many recently approved electric rate increases increased the rates of both CARE and non-CARE customers.[9] Other IOU affordability programs include the FERA program, which offers an 18% discount on electric bills if household income slightly exceeds CARE allowances (up to 250% of federal poverty). FERA is an effort to help families who may have incomes that are just above the income eligibility for CARE, but who likely still experience hardships paying their utility bills. However, unlike CARE customers, FERA customers are not eligible for the ESA program to provide subsidized weatherization and other energy efficiency upgrades to help reduce the customer’s energy load. Additionally, unlike CARE, FERA enrollment participation rates are low across all three large IOUs. The costs of the CARE and FERA subsidies are borne by all other customers, both residential and non-residential.
Report on Inequities in California’s Electricity Rates – In February 2021, researchers at the University of California, Berkeley’s Energy Institute at Haas and NEXT 10 published a report examining the causes behind California’s high electricity prices, and offered pricing reforms that could potentially improve efficiency and equity. The report found California’s high electric rates are roughly two to three times the costs it takes to produce electricity.[10] This misalignment between price and costs may confuse many customers, as the costs imbedded in an electric bill grow more removed from the cost of delivering the electricity, and any effort by an individual to reduce consumption might have little effect on their billing. The researchers pointed to inequities in cost recovery between a household that did or did not adopt behind-the-meter solar panels, and also raised wildfire mitigation expenses as a likely major cost driver of price increases in the near future.
The report demonstrated that lower- and average-income households increasingly bear a greater burden of the high fixed costs of delivering electricity. The authors suggest that to address these inequities, the state—directly through tax revenue—could support some of the measures currently embedded in utility rates. The authors suggest that using revenue raised from sales or income taxes would be much more progressive than the current scheme of electricity pricing, ensuring that higher-income households pay a higher share of the costs.[11]
COMMENTS:
- Author’s Statement. According to the author, “All Californians are struggling with the skyrocketing costs of goods and services, and low-income customers are especially feeling the pinch. On top of that, utility bills are saturated with various add-on costs through the Public Purpose Program (PPP) surcharge which are unrelated to the cost of supplying electricity. Though low-income customers benefit from PPP programs, they also pay a portion of their electric utility bill to support the PPP, thus diluting the benefits from the low-income programs. One of the best ways to help the working poor would be to remove these add-on costs, which would make sure that utility rates more closely reflect the cost to provide electric service. Since the PPP funds advance California’s climate change policies, which benefit all Californians, it is more appropriate for the General Fund to fund the PPP, not just electric utility customers. AB 982 would sunset the PPP surcharge on electric utility customers and continue the programs with funding from the state’s General Fund. This would more equitably distribute the cost of the PPP by spreading the cost of achieving California’s climate goals across all who benefit, and at the same time this would reduce the cost of electric utility bills for low-income customers.”
- Ratepayers versus Taxpayers. This bill proposes to use the state’s general fund to pay for existing ratepayer-funded programs supporting low-income affordability, energy efficiency, distributed generation adoption, and others. As raised in the 2021 Haas paper mentioned previously, migrating existing programs out of rates and into the tax base would—because of California’s progressive tax policies—lead to higher-income households paying a higher share of these programs’ costs. The current approach to funding these programs via rates raises equity concerns because low-income consumers spend a larger share of income on energy consumption. Moreover, as ratepayer funding for some of these programs is assessed on a usage basis (per kilowatt-hour), higher income households that have cut the majority of their grid energy usage due to adoption of rooftop solar or on-site batteries pay far less of these costs.
This strategy of using tax resources to fund some portion of energy costs is not wholly novel, although the scale of the migration of costs from ratepayers to taxpayers proposed in this bill might be. Most recently, in both 2021 and 2022, the Legislature appropriated billions in federal COVID relief funds to cover outstanding energy utility debt accrued during the pandemic.[12] It seems possible the Legislature, in its discretion through the budget process, could appropriate money from the general fund to pay for the programs highlighted in this bill, and direct the CPUC to require the IOUs to reduce customer bills accordingly. Permanent programmatic changes as proposed in this bill would not be necessary. However, there is certainly merit in evaluating historic ratepayer-funded programs, as this bill does, and interrogating whether it is reasonable and equitable for their costs to be borne by ratepayers versus taxpayers.
- Need to be CARE-ful. As shown in Table 2, the PPP portion of electric rates proposed to migrate to taxpayers in this bill currently makes up about 5-8% of a residential IOU customer bills. This is a small, but not insignificant percentage. Of that 5-8%, roughly half arises from the CARE subsidy. The two threshold questions to consider when evaluating this ratepayer versus taxpayer dynamic are: 1) is the program in question a statewide priority that benefits households throughout all utility territories?; and 2) would the program in question’s funding be jeopardized if the state general fund dips? For all the PPP highlighted in this bill—CARE, FERA, energy efficiency, SGIP, pandemic arrearage management—a compelling argument could be made that they reach the first threshold. However, the second threshold question may be more difficult for the low-income affordability protections of the PPP.
For those programs, the volatility inherent in the general fund is likely too precarious. Energy affordability to those on CARE and FERA is not just a difficulty, but a life or death service. Even if this measure were to recognize this volatility by including a backstop protection—such as if sufficient funds are not appropriated, then the CPUC can authorize a collection in electric rates—such a scenario would result in the state relying on future rate hikes in the midst of a likely economic downturn to ensure energy affordability. Given the uncertainty of the general fund, the Committee may wish to tread carefully and not make drastic changes to rate assistance programs especially in the midst of rising California electricity rates. As a result, the author and committee may wish to consider striking the sections of this bill that migrate the low-income assistance programs out of rates.
- Other programs to be considered. As highlighted previously in this Committee, and demonstrated in both the 2021 Haas paper[13] and a 2021 CPUC report,[14] many other ratepayer-funded programs, beyond the PPP highlighted in this bill, add significantly to rates and have been increasing over the last few years. These include wildfire mitigation, grid hardening, transmission costs, transportation electrification, and decarbonization efforts, among others. The desire to consider these broader cost drivers, however, is not without its challenges, as untangling ownership, liability, and profit considerations surrounding state funding of traditionally utility-owned assets may take time.
- Prior Legislation.
AB 2765 (Santiago, 2022), largely the same bill as this measure, eliminated funding for certain public purpose programs from the rates paid by customers of the state’s IOUs, except for funding for specific programs to subsidize costs borne by low-income ratepayers. Status: Died – Assembly Committee on Appropriations.
AB 205 (Committee on Budget) among its many provisions, provided an additional $1.2 billion to cover outstanding energy utility arrears accrued during the COVID-19 pandemic, and made other programmatic changes. Additionally mandated the CPUC to establish an income-graduated fixed charge for default residential rates by July 1, 2024, with no fewer than three income thresholds, so that low-income ratepayers would realize lower average monthly bills. Status: Chapter 61, Statutes of 2022.
AB 135 (Committee on Budget) among its many provisions, established the California Arrearage Payment Program and appropriated almost $1 billion to cover outstanding energy utility arrears accrued during the COVID-19 pandemic. Status: Chapter 85, Statutes of 2021.
REGISTERED SUPPORT / OPPOSITION:
Support
CalChamber
California Large Energy Consumers Association
California State Association of Electrical Workers
Coalition of California Utility Employees
Edison International and Affiliates, Including Southern California Edison
Pacific Gas and Electric Company and Its Affiliated Entities
Sempra Energy and its Affiliates: San Diego Gas & Electric Company and Southern California Gas Company – sponsor
Oppose Unless Amended
The Utility Reform Network (TURN)
Analysis Prepared by: Laura Shybut / U. & E. / (916) 319-2083
In January 2020, the major utilities were directed by the CPUC to transition from a three-year GRC cycle to a four-year GRC cycle. D. 20-01-002 ↑
The exception to this occurs in operations covered by balancing and/or memorandum accounts which can adjust the authorized revenue requirement based on actual spending, upon CPUC approval. ↑
FERC sets the revenue requirement for transmission assets. ↑
Pg. 15, CPUC, 2021 California Electric and Gas Utility Costs Report: AB 67 Annual Report to the Governor and Legislature, published April 2022. ↑
Rounded values taken from Pg. 13, 2021 AB 67 Report. ↑
48% increase from 2020-2021 for PG&E, 90% increase for SCE, 10% decrease for SDG&E; Pg. 7, 2021 AB 67 Report ↑
Customers = non-CARE average residential bundled customers; Committee received numbers from a data request from the CPUC. ↑
For IOUs with more than 100,000 service connections; for those with fewer, the CARE discount is ~20%. ↑
An approximately 19% increase for PG&E, 17% increase for SCE, and 7% increase for SDG&E CARE customers. ↑
Pg 4, Borenstein, S., Fowlie, M., and Sallee, J., “Designing Electricity Rates for an Equitable Energy Transition,” Energy Institute at Haas working paper WP 314, February 2021. ↑
Pg. 5, Ibid. ↑
AB 135 (Committee on Budget, Chapter 85, Statutes of 2021) and AB 205 (Committee on Budget, Chapter 61, Statutes of 2022) ↑
Borenstein, S., Fowlie, M., and Sallee, J., “Designing Electricity Rates for an Equitable Energy Transition,” Energy Institute at Haas working paper WP 314, February 2021. ↑
“Utility Costs and Affordability of the Grid of the Future: An Evaluation of Electric Costs, Rates, and Equity Issues Pursuant to P.U. Code Section 913.1,” CPUC, February 2021. ↑
Discussed in Hearing
Assembly Standing Committee on Utilities and Energy
Bill Author
Bill Co-Author(s):