California Assembly Bill AB2227 Amended / Bill

 BILL NUMBER: AB 2227AMENDED BILL TEXT AMENDED IN SENATE JUNE 12, 2012 AMENDED IN ASSEMBLY MAY 15, 2012 AMENDED IN ASSEMBLY APRIL 24, 2012 INTRODUCED BY Assembly Member Bradford FEBRUARY 24, 2012 An act to  amend Section 25320 of, and to  add Sections 25305.1 and 25305.2 to  ,  the Public Resources Code, and to amend Sections  398.2,  398.3,  398.4,  398.5, 399.30, 2836, and 9615 of, to amend and renumber Sections 385.2 and 387.5 of, to add Sections 9505, 9506, 9507, 9508, and 9508.5 to, and to repeal and add Section 2839 of, the Public Utilities Code, relating to electricity. LEGISLATIVE COUNSEL'S DIGEST AB 2227, as amended, Bradford. Local publicly owned electric utilities: State Energy Resources Conservation and Development Commission: reporting. Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities, including electrical corporations, as defined, while local publicly owned electric utilities, as defined, are under the direction of their governing board. Existing law requires a local publicly owned electric utility to report various matter to its consumers and the State Energy Resources Conservation and Development Commission (Energy Commission) relative to energy efficiency, renewable energy resources, the California Solar Initiative, and energy source content. This bill would recast and revise the above-described reporting requirements into a division of the Public Utilities Code that is applicable to publicly owned utilities  and repeal certain reporting requirements  . Existing law requires the Energy Commission, beginning November 1, 2003, and every 2 years thereafter, to adopt an integrated energy policy report which includes an overview of major energy trends and issues facing the state. Existing law requires the Energy Commission to include certain information relative to local publicly owned electric utilities in the integrated energy policy report. This bill would recast certain requirements relative to information about local publicly owned electric utilities that the Energy Commission is required to include in the integrated energy policy report. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 25305.1 is added to the Public Resources Code, to read: 25305.1. The commission shall report to the Legislature, to be included in each integrated energy policy report prepared pursuant to Section 25302, regarding the progress made by each local publicly owned electric utility serving end-use customers in meeting the requirements of Section 9620 of the Public Utilities Code. SEC. 2. Section 25305.2 is added to the Public Resources Code, to read: 25305.2. The commission shall include a summary of the information reported pursuant to subdivisions (d) and (e) of Section 9505 of the Public Utilities Code in the integrated energy policy report prepared pursuant to Section 25302. The commission shall also include, for each local publicly owned electric utility, a comparison of the local publicly owned electric utility's annual targets established in accordance with that section, and the local publicly owned electric utility's actual energy efficiency savings and demand reductions. If the commission determines that improvements can be made in either the level of a local publicly owned electric utility's annual targets to achieve all cost-effective, reliable, and feasible energy savings and demand reductions and to enable local publicly owned electric utilities, in the aggregate, to achieve statewide targets established pursuant to Section 25310, or in meeting each local publicly owned electric utility's annual targets, the commission shall provide recommendations to the local publicly owned electric utility, the Legislature, and the Governor on those improvements.  SEC. 3.   Section 25320 of the   Public Resources Code   is amended to read:  25320. (a) The commission shall manage a data collection system for obtaining information necessary to develop the policy reports and analyses required by Sections 25301 to 25307, inclusive, the energy shortage contingency planning efforts in Chapter 8 (commencing with Section 25700), and to support other duties of the commission.  (1) It is the intent of the Legislature to ensure that information needed to support the energy policy analysis developed by the commission is obtained from stakeholders in the most cost-effective and efficient manner.   (2) The commission is encouraged to do all of the following with respect to its data collection:   (A) Align the collection of data to be consistent with the schedule of the integrated energy policy report, to the extent practical.   (B) Eliminate unneeded and duplicative data submittals from stakeholders.   (C) Give full consideration to the potential burdens these data requests impose on the resources of the stakeholders whose information is being requested.  (b) The data collection system, adopted by regulation under Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and managed by the commission shall: (1) Include a timetable for the submission of this information, so that the integrated energy policy report required by Section 25302 can be completed in an accurate and timely manner.  The commission is encouraged to align its timetable with the schedule of the integrated energy policy report, to the extent practical.  (2) Require a person to submit only information that is  reasonably relevant   necessary to the development of the integrated energy policy report   and analyses  , and that the person can either be expected to acquire through his or her market activities, or possesses or controls. Information collected pursuant to this section shall relate to the functional role of each category of market participant in that industry and the consumers within that industry. (3) To the extent it satisfies the information needs of the commission, rely on the use of estimates and proxies, to the maximum extent practicable, for some data elements using survey and research techniques, while for other information it shall obtain data from market participants using submissions consistent with their accounting records. In determining whether to rely upon estimates or participant provided data, the commission shall weigh the burden of compliance upon industry participants and energy consumers against the benefit of participant provided data for the public interest. (4) To the extent it satisfies the information needs of the commission, rely on data, to the maximum extent practicable, that is reported to other government agencies or is otherwise available to the commission. (c) Pursuant to the requirements of subdivision (b), the data collection system for electricity and natural gas shall enumerate specific requirements for each category of market participants, including, but not limited to, private market participants, energy service providers, energy service companies, natural gas marketers, electric utility and natural gas utility companies, independent generators, electric transmission entities, natural gas producers, natural gas pipeline operators, importers and exporters of electricity and natural gas, and specialized electric or natural gas system operators. The commission may also collect information about consumers' natural gas and electricity use from their voluntary participation in surveys and other research techniques. (d) Pursuant to the requirements of subdivision (b), the data collection system for nonpetroleum fuels and transportation technologies shall enumerate specific requirements for each category of market participant, including, but not limited to, fuel importers and exporters, fuel distributors and retailers, fuel pipeline operators, natural gas liquid producers, and transportation technology providers. The commission may also collect information about consumers' nonpetroleum fuel and transportation technology use from their voluntary participation in surveys and other research techniques. (e) The commission shall collect data for petroleum fuel pursuant to Chapter 4.5 (commencing with Section 25350). The commission may also collect information about consumers' petroleum fuel use from consumers' participation in surveys and other research techniques.  SEC. 3.   SEC. 4.  Section 385.2 of the Public Utilities Code is amended and renumbered to read: 9503. Upon the completion and promulgation of regulations pursuant to subdivision (a) of Section 25943 of the Public Resources Code, each governing body of a local publicly owned electric utility, as defined in Section 224.3, shall be responsible for implementing an energy efficiency program that recognizes the intent of the Legislature to encourage energy savings and greenhouse gas emission reductions in existing residential and nonresidential buildings, while taking into consideration the effect of the program on rates, reliability, and financial resources.  SEC. 4.   SEC. 5.  Section 387.5 of the Public Utilities Code is amended and renumbered to read: 2854. (a) In order to further the state goal of encouraging the installation of 3,000 megawatts of photovoltaic solar energy in California within 10 years, the governing body of a local publicly owned electric utility that sells electricity at retail, shall adopt, implement, and finance a solar initiative program, funded in accordance with subdivision (b), for the purpose of investing in, and encouraging the increased installation of, residential and commercial solar energy systems. (b) On or before January 1, 2008, a local publicly owned electric utility shall offer monetary incentives for the installation of solar energy systems of at least two dollars and eighty cents ($2.80) per installed watt, or for the electricity produced by the solar energy system, measured in kilowatthours, as determined by the governing board of a local publicly owned electric utility, for photovoltaic solar energy systems. The incentive level shall decline each year thereafter at a rate of no less than an average of 7 percent per year. (c) A local publicly owned electric utility shall initiate a public proceeding to fund a solar energy program to adequately support the goal of installing 3,000 megawatts of photovoltaic solar energy in California. The proceeding shall determine what additional funding, if any, is necessary to provide the incentives pursuant to subdivision (b). The public proceeding shall be completed and the comprehensive solar energy program established by January 1, 2008. (d) The solar energy program of a local publicly owned electric utility shall be consistent with all of the following: (1) That a solar energy system receiving monetary incentives comply with the eligibility criteria, design, installation, and electrical output standards or incentives established by the State Energy Resources Conservation and Development Commission pursuant to Section 25782 of the Public Resources Code. (2) That solar energy systems receiving monetary incentives are intended primarily to offset part or all of the consumer's own electricity demand. (3) That all components in the solar energy system are new and unused, and have not previously been placed in service in any other location or for any other application. (4) That the solar energy system has a warranty of not less than 10 years to protect against defects and undue degradation of electrical generation output. (5) That the solar energy system be located on the same premises of the end-use consumer where the consumer's own electricity demand is located. (6) That the solar energy system be connected to the electric utility's electrical distribution system within the state. (7) That the solar energy system has meters or other devices in place to monitor and measure the system's performance and the quantity of electricity generated by the system. (8) That the solar energy system be installed in conformance with the manufacturer's specifications and in compliance with all applicable electrical and building code standards. (e) In establishing the program required by this section, no moneys shall be diverted from any existing programs for low-income ratepayers, or from cost-effective energy efficiency or demand response programs. (f) The statewide expenditures for solar programs adopted, implemented, and financed by local publicly owned electric utilities shall be seven hundred eighty-four million dollars ($784,000,000). The expenditure level for each local publicly owned electric utility shall be based on that utility's percentage of the total statewide load served by all local publicly owned electric utilities. Expenditures by a local publicly owned electric utility may be less than the utility's cap amount, provided that funding is adequate to provide the incentives required by subdivisions (a) and (b).  SEC. 5.   Section 398.2 of the Public Utilities Code is amended to read: 398.2. The definitions set forth in this section shall govern the construction of this article. (a) "Retail seller" has the same meaning as defined in Section 399.12. (b) "System operator" means the Independent System Operator with responsibility for the efficient use and reliable operation of the transmission grid, as provided by Section 345, or a local publicly owned electric utility that does not utilize the Independent System Operator. (c) "Specific purchases" means electricity transactions which are traceable to specific generation sources by any auditable contract trail or equivalent, such as a tradable commodity system, that provides commercial verification that the electricity source claimed has been sold once and only once to a retail consumer. Retail sellers may rely on annual data to meet this requirement, rather than hour-by-hour matching of loads and resources. (d) "Unspecified sources of electricity" means electricity that is not traceable to specific generation sources by any auditable contract trail or equivalent, including a tradable commodity system, that provides commercial verification that the electricity source claimed has been sold once, and only once, to a retail consumer.  SEC. 6. Section 398.3 of the Public Utilities Code is amended to read: 398.3. (a) Beginning January 1, 1998, or as soon as practicable thereafter, each generator that provides meter data to a system operator shall report to the system operator electricity generated in kilowatthours by hour by generator, the fuel type or fuel types and fuel consumption by fuel type by month on an historical recorded quarterly basis. Facilities using only one fuel type may satisfy this requirement by reporting fuel type only. With regard to any facility using more than one fuel type, reports shall reflect the fuel consumed as a percentage of electricity generation. (b) The Energy Commission shall have authorization to access the electricity generation data in kilowatthours by hour for each facility that provides meter data to the system operator, and the fuel type or fuel types. (c) With regard to out-of-state generation, the Energy Commission shall have authorization to access the electricity generation data in kilowatthours by hour at the point at which out-of-state generation is metered, to the extent the information has been submitted to a system operator. (d) Trade secrets as defined in subdivision (d) of Section 3426.1 of the Civil Code contained in the information provided to the system operators pursuant to this section shall be treated as confidential. These data may be disclosed only by the system operators and only by authorization of the generator except that the Energy Commission shall have authorization to access these data, shall consider all these data to be trade secrets, and shall only release these data in an aggregated form such that trade secrets cannot be discerned.  SEC. 7.   Section 398.4 of the Public Utilities Code is amended to read: 398.4. (a) Every retail seller that makes an offering to sell electricity that is consumed in California shall disclose its electricity sources for the previous calendar year. (b) The disclosures required by this section shall be made to potential end-use consumers in all product-specific written promotional materials that are distributed to consumers by either printed or electronic means, including the retail seller's Internet Web site, if one exists, except that advertisements and notices in general circulation media shall not be subject to this requirement. (c) The disclosures required by this section shall be made annually to end-use consumers of the offered electricity. The annual disclosure shall be made by the end of the first complete billing cycle for the third quarter of the year, and shall be consistent with information provided to the Energy Commission pursuant to Section 398.5. (d) The disclosures required by this section shall be made separately for each offering made by the retail seller. (e) The Energy Commission shall specify guidelines for the format and means for disclosure required by Section 398.3 and this section, based on the requirements of this article and subject to public hearing. (f) The costs of making the disclosures required by this section shall be considered to be generation related. (g) The disclosures required by this section shall comply with the following: (1) A retail seller's disclosure of its electricity sources shall be expressed as a percentage of annual sales derived from each of the following categories: (A) Unspecified sources of electricity. (B) Specific purchases. (2) A retail seller's disclosure of its electricity sources shall also separately identify total California system electricity, which is the sum of all in-state generation and net electricity imports by fuel type. (h) Each of the categories specified in subdivision (g) shall be additionally identified as a percentage of annual sales that is derived from the following fuels or sources of energy: (1) Coal. (2) Large hydroelectric (greater than 30 megawatts) and any other hydroelectric generation that is not an eligible renewable energy resource pursuant to the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11)). (3) Natural gas. (4) Nuclear. (5) Eligible renewable energy resources pursuant to the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11)), including any of the following: (A) Biomass and biowaste. (B) Geothermal. (C) Eligible hydroelectric. (D) Solar. (E) Wind. (6) Other categories as determined by the Energy Commission. (i) All electricity sources disclosed as specific purchases shall meet the requirements of subdivision (c) of Section 398.2. (j) Specific purchases identified pursuant to this section shall be from sources connected to the Western Electricity Coordinating Council interconnected grid. (k) The provisions of this section shall not apply to generators providing electric service onsite, under an over-the-fence transaction as described in Section 218, or to an affiliate or affiliates, as defined in subdivision (a) of Section 372.   SEC. 8.   SEC. 7.  Section 398.5 of the Public Utilities Code is amended to read: 398.5. (a) Retail  sellers   suppliers  that disclose specific purchases pursuant to Section 398.4 shall annually report to the Energy Commission, for each electricity offering for the previous calendar year, each of the following: (1) The kilowatthours purchased, by generator and fuel type during the previous calendar year, consistent with the meter data, including losses, reported to the system operator. (2) For each electricity offering the kilowatthours sold at retail. (3) For each electricity offering the disclosures made to consumers pursuant to Section 398.4. (b) Information submitted to the Energy Commission pursuant to this section that is a trade secret as defined in subdivision (d) of Section 3426.1 of the Civil Code shall not be released except in an aggregated form such that trade secrets cannot be discerned. (c) The Energy Commission shall specify guidelines and standard formats, based on the requirements of this article and subject to public hearing, for the submittal of information pursuant to this article. (d) In developing the rules and procedures specified in this section, the Energy Commission shall seek to minimize the reporting burden and cost of reporting that it imposes on retail  sellers   suppliers  . (e) The provisions of this section shall not apply to generators providing electric service onsite, under an over-the-fence transaction as described in Section 218, or to an affiliate or affiliates, as defined in subdivision (a) of Section 372. (f) The Energy Commission may verify  the veracity of  environmental claims made by retail  sellers   suppliers  .  SEC. 9.   SEC. 8.  Section 399.30 of the Public Utilities Code is amended to read: 399.30. (a) In order to fulfill unmet long-term generation resource needs, each local publicly owned electric utility shall adopt and implement a renewable energy resources procurement plan that requires the utility to procure a minimum quantity of electricity products from eligible renewable energy resources, including renewable energy credits, as a specified percentage of total kilowatthours sold to the utility's retail end-use customers, each compliance period, to achieve the targets of subdivision (c). (b) The governing board shall implement procurement targets for a local publicly owned electric utility that require the utility to procure a minimum quantity of eligible renewable energy resources for each of the following compliance periods: (1) January 1, 2011, to December 31, 2013, inclusive. (2) January 1, 2014, to December 31, 2016, inclusive. (3) January 1, 2017, to December 31, 2020, inclusive. (c) The governing board of a local publicly owned electric utility shall ensure all of the following: (1) The quantities of eligible renewable energy resources to be procured for the compliance period from January 1, 2011, to December 31, 2013, inclusive, are equal to an average of 20 percent of retail sales. (2) The quantities of eligible renewable energy resources to be procured for all other compliance periods reflect reasonable progress in each of the intervening years sufficient to ensure that the procurement of electricity products from eligible renewable energy resources achieves 25 percent of retail sales by December 31, 2016, and 33 percent of retail sales by December 31, 2020. The local governing board shall require the local publicly owned electric utilities to procure not less than 33 percent of retail sales of electricity products from eligible renewable energy resources in all subsequent years. (3) A local publicly owned electric utility shall adopt procurement requirements consistent with Section 399.16. (d) The governing board of a local publicly owned electric utility may adopt the following measures: (1) Rules permitting the utility to apply excess procurement in one compliance period to subsequent compliance periods in the same manner as allowed for retail  sellers   suppliers  pursuant to Section 399.13. (2) Conditions that allow for delaying timely compliance consistent with subdivision (b) of Section 399.15. (3) Cost limitations for procurement expenditures consistent with subdivision (c) of Section 399.15. (e) The governing board of the local publicly owned electric utility shall adopt a program for the enforcement of this article on or before January 1, 2012. The program shall be adopted at a publicly noticed meeting offering all interested parties an opportunity to comment. Not less than 30 days' notice shall be given to the public of any meeting held for purposes of adopting the program. Not less than 10 days' notice shall be given to the public before any meeting is held to make a substantive change to the program. (f) (1) Each local publicly owned electric utility shall annually post notice, in accordance with Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code, whenever its governing body will deliberate in public on its renewable energy resources procurement plan. (2) Contemporaneous with the posting of the notice of a public meeting to consider the renewable energy resources procurement plan, the local publicly owned electric utility shall notify the Energy Commission of the date, time, and location of the meeting in order to enable the Energy Commission to post the information on its Internet Web site. This requirement is satisfied if the local publicly owned electric utility provides the uniform resource locator (URL) that links to this information. (3) Upon distribution to its governing body of information related to its renewable energy resources procurement status and future plans, for its consideration at a noticed public meeting, the local publicly owned electric utility shall make that information available to the public and shall provide the Energy Commission with an electronic copy of the documents for posting on the Energy Commission' s Internet Web site. This requirement is satisfied if the local publicly owned electric utility provides the uniform resource locator (URL) that links to the documents or information regarding other manners of access to the documents. (g) A public utility district that receives all of its electricity pursuant to a preference right adopted and authorized by the United States Congress pursuant to Section 4 of the Trinity River Division Act of August 12, 1955 (Public Law 84-386) shall be in compliance with the renewable energy procurement requirements of this article. (h) For a local publicly owned electric utility that was in existence on or before January 1, 2009, that provides retail electric service to 15,000 or fewer customer accounts in California, and is interconnected to a balancing authority located outside this state but within the WECC, an eligible renewable energy resource includes a facility that is located outside California that is connected to the WECC transmission system, if all of the following conditions are met: (1) The electricity generated by the facility is procured by the local publicly owned electric utility, is delivered to the balancing authority area in which the local publicly owned electric utility is located, and is not used to fulfill renewable energy procurement requirements of other states. (2) The local publicly owned electric utility participates in, and complies with, the accounting system administered by the Energy Commission pursuant to this article. (3) The Energy Commission verifies that the electricity generated by the facility is eligible to meet the renewables portfolio standard procurement requirements. (i) Notwithstanding subdivision (a), for a local publicly owned electric utility that is a joint powers authority of districts established pursuant to state law on or before January 1, 2005, that furnish electric services other than to residential customers, and is formed pursuant to the Irrigation District Law (Division 11 (commencing with Section 20500) of the Water Code), the percentage of total kilowatthours sold to the district's retail end-use customers, upon which the renewables portfolio standard procurement requirements in subdivision (b) are calculated, shall be based on the authority's average retail sales over the previous seven years. If the authority has not furnished electric service for seven years, then the calculation shall be based on average retail sales over the number of completed years during which the authority has provided electric service. (j) A local publicly owned electric utility in a city and county that only receives greater than 67 percent of its electricity sources from hydroelectric generation located within the state that it owns and operates, and that does not meet the definition of a "renewable electrical generation facility" pursuant to Section 25741 of the Public Resources Code, shall be required to procure eligible renewable energy resources, including renewable energy credits, to meet only the electricity demands unsatisfied by its hydroelectric generation in any given year, in order to satisfy its renewable energy procurement requirements. (k) A local publicly owned electric utility shall retain discretion over both of the following: (1) The mix of eligible renewable energy resources procured by the utility and those additional generation resources procured by the utility for purposes of ensuring resource adequacy and reliability. (2) The reasonable costs incurred by the utility for eligible renewable energy resources owned by the utility. (l) On or before July 1, 2011, the Energy Commission shall adopt regulations specifying procedures for enforcement of this article. The regulations shall include a public process under which the Energy Commission may issue a notice of violation and correction against a local publicly owned electric utility for failure to comply with this article, and for referral of violations to the State Air Resources Board for penalties pursuant to subdivision (o). (m) (1) Upon a determination by the Energy Commission that a local publicly owned electric utility has failed to comply with this article, the Energy Commission shall refer the failure to comply with this article to the State Air Resources Board, which may impose penalties to enforce this article consistent with Part 6 (commencing with Section 38580) of Division 25.5 of the Health and Safety Code. Any penalties imposed shall be comparable to those adopted by the commission for noncompliance by retail  sellers   suppliers  . (2) If Division 25.5 (commencing with Section 38500) of the Health and Safety Code is suspended or repealed, the State Air Resources Board may take action to enforce this article on local publicly owned electric utilities consistent with Section 41513 of the Health and Safety Code, and impose penalties on a local publicly owned electric utility consistent with Article 3 (commencing with Section 42400) of Chapter 4 of Part 4 of, and Chapter 1.5 (commencing with Section 43025) of Part 5 of, Division 26 of the Health and Safety Code. (3) For the purpose of this subdivision, this section is an emissions reduction measure pursuant to Section 38580 of the Health and Safety Code. (4) If the State Air Resources Board has imposed a penalty upon a local publicly owned electric utility for the utility's failure to comply with this article, the State Air Resources Board shall not impose an additional penalty for the same infraction, or the same failure to comply, with any renewables procurement requirement imposed upon the utility pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code). (5) Any penalties collected by the State Air Resources Board pursuant to this article shall be deposited in the Air Pollution Control Fund and, upon appropriation by the Legislature, shall be expended for reducing emissions of air pollution or greenhouse gases within the same geographic area as the local publicly owned electric utility. (n) The commission has no authority or jurisdiction to enforce any of the requirements of this article on a local publicly owned electric utility.  SEC. 10.   SEC. 9.  Section 2836 of the Public Utilities Code is amended to read: 2836. (a) (1) On or before March 1, 2012, the commission shall open a proceeding to determine appropriate targets, if any, for each load-serving entity to procure viable and cost-effective energy storage systems to be achieved by December 31, 2015, and December 31, 2020. As part of this proceeding, the commission may consider a variety of possible policies to encourage the cost-effective deployment of energy storage systems, including refinement of existing procurement methods to properly value energy storage systems. (2) The commission shall adopt the procurement targets, if determined to be appropriate pursuant to paragraph (1), by October 1, 2013. (3) The commission shall reevaluate the determinations made pursuant to this subdivision not less than once every three years. (4) Nothing in this section prohibits the commission's evaluation and approval of any application for funding or recovery of costs of any ongoing or new development, trialing, and testing of energy storage projects or technologies outside of the proceeding required by this chapter. (b) (1) On or before March 1, 2012, the governing board of each local publicly owned electric utility shall initiate a process to determine appropriate targets, if any, for the utility to procure viable and cost-effective energy storage systems to be achieved by December 31, 2016, and December 31, 2020. As part of this proceeding, the governing board may consider a variety of possible policies to encourage the cost-effective deployment of energy storage systems, including refinement of existing procurement methods to properly value energy storage systems. (2) The governing board shall adopt the procurement targets, if determined to be appropriate pursuant to paragraph (1), by October 1, 2014. (3) The governing board shall reevaluate the determinations made pursuant to this subdivision not less than once every three years.  SEC. 11.   SEC. 10.  Section 2839 of the Public Utilities Code is repealed.  SEC. 12.   SEC. 11.  Section 2839 is added to the Public Utilities Code, to read: 2839. The commission does not have authority or jurisdiction to enforce any of the requirements of this chapter against a local publicly owned electric utility.  SEC. 13.   SEC. 12.  Section 9505 is added to the Public Utilities Code, to read: 9505. (a) By March 15, 2013, and by March 15 of each odd-numbered year thereafter, each local publicly owned electric utility shall report to the Energy Commission and to its customers all of the following: (1) Its investments in energy efficiency and demand reduction programs. (2) A description of each energy efficiency and demand reduction program, program expenditures, cost-effectiveness of each program, and expected and actual energy efficiency savings and demand reduction results that reflect the intent of the Legislature to encourage energy savings and reductions in emissions of greenhouse gases resulting from providing service to existing residential and nonresidential buildings, while taking into consideration the effect of the program on rates, reliability, and financial resources. (3) The sources for funding of its energy efficiency and demand reduction programs. (4) The methodologies and input assumptions used to determine the cost-effectiveness of its energy efficiency and demand reduction programs. (b) By March 15, 2013, and by March 15 of  each odd-numbered   every fourth  year thereafter, each local publicly owned electric utility shall identify all potentially achievable cost-effective electricity efficiency savings and shall establish annual targets for energy efficiency savings and demand reduction for the next 10-year period. A local publicly owned electric utility's determination of potentially achievable cost-effective electricity efficiency savings shall be made without regard to previous minimum investments undertaken pursuant to Section 385. A local publicly owned electric utility shall treat investments made to achieve energy efficiency savings and demand reduction targets as procurement investments. (c) Within 60 days of establishing annual targets pursuant to subdivision (b), each local publicly owned electric utility shall report those targets to the Energy Commission, and the basis for establishing those targets. (d) Each local publicly owned electric utility shall make available to its customers and to the Energy Commission the results of any independent evaluation that measures and verifies the energy efficiency savings and the reduction in energy demand achieved by its energy efficiency and demand reduction programs.  SEC. 14.   SEC. 13.  Section 9506 is added to the Public Utilities Code, to read: 9506. (a) A local publicly owned electric utility shall report to the Energy Commission regarding the energy storage system procurement targets and policies adopted by the governing board pursuant to paragraph (2) of, and report any modifications made to those targets as a result of a reevaluation undertaken pursuant to paragraph (3) of, subdivision (b) of Section 2836. (b) By January 1, 2017, a local publicly owned electric utility shall submit a report to the Energy Commission demonstrating that it has complied with the energy storage system procurement targets and policies adopted by the governing board pursuant to subdivision (b) of Section 2836. (c) By January 1, 2021, a local publicly owned electric utility shall submit a report to the Energy Commission demonstrating that it has complied with the energy storage system procurement targets and policies adopted by the governing board pursuant to subdivision (b) of Section 2836. (d) The Energy Commission shall ensure that a copy of each report or plan required by subdivisions (b) and (c), with any confidential information redacted, is available on the Energy Commission's Internet Web site, or on an Internet Web site maintained by the local publicly owned electric utility that can be accessed from the Energy Commission's Internet Web site. (e) A summary of the reports required by this section shall be included as part of each integrated energy policy report required pursuant to Section 25302.  SEC. 15.   SEC. 14.  Section 9507 is added to the Public Utilities Code, to read: 9507. (a) For purposes of this section, "eligible renewable energy resource" and "renewables portfolio standard" have the same meanings as for the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1). (b) Every local publicly owned electric utility shall annually disclose all of the following: (1) Its electricity sources to end-use customers for the previous calendar  year. The annual disclosure shall be made by the end of the first complete billing cycle for the third quarter of the year, and shall be consistent with information provided to the Energy Commission pursuant to Section 9508   year, consistent with information provided to the Energy Commission pursuant to Section 398.4  . (2) The utility's progress toward attaining the renewables portfolio standard established pursuant to Section 399.30. (3) Expenditures for development of eligible renewable energy resources, including a description of programs, sources of funding, expected results, and actual results.  (c) The disclosures required by this section shall be made to potential end-use consumers in all product-specific written promotional materials that are distributed to consumers by either printed or electronic means, including the local publicly owned electric utility's Internet Web site, if one exists, except that advertisements and notices in general circulation media shall not be subject to this requirement.   (d)   (   c)  A local publicly owned electric utility shall, on an annual basis, make available to its customers information relating to the utility's solar initiative program established pursuant to Section 2854, including the rated generating capacity of installed solar energy systems receiving monetary incentives through the utility's program, the total number of solar energy systems installed, the total number of applications for the utility's program, the amount of monetary incentives awarded, and the contribution toward the program goals of the California Solar Initiative (Article 1 (commencing with Section 2851) of Chapter 9 of Part 2 of Division 1).  (e) Each local publicly owned electric utility shall make information available in electronic form on an Internet Web site relative to the utility's investments in energy efficiency programs and renewable energy programs pursuant to Section 2854 and include information and data relative to all of the following:   (1) A general description of the utility's energy efficiency programs.   (2) The total budget for energy efficiency programs during the then-current fiscal year with the remaining unencumbered available funds.   (3) A summary of expenditures made for energy efficiency programs and renewable energy programs pursuant to Section 2854 during the then-current fiscal year that includes the following:   (A) The number of rebates or other incentives provided.   (B) The moneys spent or encumbered for each energy efficiency program and renewable energy program pursuant to Section 2854.   (C) A breakdown, to the extent practicable, of the recipients of rebates or other incentives by customer classes and, for residential customers, by whether the recipients are low-income customers.   (D) The information required by this paragraph shall be updated not less often than quarterly.   (d) Each local publicly owned electric utility shall, on an Internet Web site, make available information regarding the utility's investments in energy efficiency programs and renewable energy programs pursuant to Section 2854. The information shall include all of the following:   (1) A general description of the utility's renewable programs pursuant to Section 2854 and energy efficiency programs.   (2) The utility's total budget during the then-current fiscal year for renewable energy programs pursuant to Section 2854 and energy efficiency programs, and whether funding is still available.   (3) The information required by this subdivision shall be updated at least once per quarter.   (E) The   (4)     The  information required by this paragraph may be made available in the form of a spreadsheet accessible by a uniform resource locator (URL) connection on an Internet Web site.  (F)   (   5)  Each local publicly owned electric utility shall provide the Energy Commission with information as to how to access the information required by this paragraph. The Energy Commission shall make information available on its Internet Web site, including a uniform resource locator (URL) connection that will enable members of the public to access the information required by this paragraph.  SEC. 16.   SEC. 15.  Section 9508 is added to the Public Utilities Code, to read:  9508. (a) A local publicly owned electric utility that discloses specific purchases pursuant to Section 9507 shall annually report to the Energy Commission, for each electricity offering for the previous calendar year, each of the following: (1) The total kilowatthours purchased, by generator and fuel type, during the previous calendar year, consistent with the meter data, including losses, reported to the system operator. (2) For each electricity offering, the total kilowatthours sold at retail. (3) For each electricity offering, the disclosures made to consumers pursuant to Section 9507. (b) Information submitted to the Energy Commission pursuant to this section that is a trade secret, as defined in subdivision (d) of Section 3426.1 of the Civil Code, shall not be released except in aggregated form such that the trade secret cannot be discerned. (c)   9508.   (a)  In developing the rules and procedures specified in this section and in Section 9507, the Energy Commission shall seek to minimize the reporting burden and cost of reporting that it imposes on local publicly owned electric utilities.  (d)   (b)  The Energy Commission may verify  the veracity of  environmental claims made by local publicly owned electric utilities.  (e)   (c)  A local publicly owned electric utility shall annually submit to the Energy Commission documentation regarding eligible renewable energy resources procurement contracts that it executed during the prior year, as follows: (1) A description of the eligible renewable energy resource, including the duration of the contract or electricity purchase agreement. (2) A description and identification of the electrical generating facility providing the eligible renewable energy resource under the contract. (3) An estimate of the percentage increase in the utility's total retail sales of electricity from eligible renewable energy resources that will result from the contract.  (d) A local publicly owned electric utility shall annually submit to the Energy Commission documentation regarding the utility's progress toward attaining the renewables portfolio standard established pursuant to Section 399.30, and its expenditures of public goods funds collected pursuant to Section 385, for development of eligible renewable energy resources, including a description of programs, sources of funding, expected results, and actual results.   (f)   (e)  A local publicly owned electric utility shall, on an annual basis, make available to the Legislature and the Energy Commission information relating to the utility's solar initiative program established pursuant to Section 2854, including the rated generating capacity of installed solar energy systems receiving monetary incentives through the utility's program, the total number of solar energy systems installed, the total number of applications for the utility's program, the amount of monetary incentives awarded, and the contribution toward the program goals of the California Solar Initiative (Article 1 (commencing with Section 2851) of Chapter 9 of Part 2 of Division 1).  (f) For the purposes of this section, "eligible renewable energy resource," "renewables portfolio standard," and "procure" have the same meanings as these terms have in the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1).   SEC. 17.   SEC. 16.  Section 9508.5 is added to the Public Utilities Code, to read: 9508.5. A local publicly owned electric utility serving end-use customers shall, upon request, provide the Energy Commission with any information the Energy Commission determines is necessary to evaluate the progress made by the local publicly owned electric utility in meeting the requirements of Section 9620.  SEC. 18.   SEC. 17.  Section 9615 of the Public Utilities Code is amended to read: 9615. Each local publicly owned electric utility, in procuring energy to serve the load of its retail end-use customers, shall first acquire all available energy efficiency and demand reduction resources that are cost effective, reliable, and feasible.