California Assembly Bill AB1014 Amended / Bill

 BILL NUMBER: AB 1014AMENDED BILL TEXT AMENDED IN SENATE MAY 28, 2014 AMENDED IN ASSEMBLY MAY 8, 2013 AMENDED IN ASSEMBLY APRIL 24, 2013 AMENDED IN ASSEMBLY APRIL 9, 2013 AMENDED IN ASSEMBLY MARCH 21, 2013 INTRODUCED BY Assembly  Member   Williams   Members   Skinner   and Williams   (   Principal coauthor:   Senator   Jackson   )   (   Coauthors:   Assembly Members   Alejo,   Bonilla,   Bonta,   Buchanan,   Levine,   Lowenthal,   Rendon,   Stone,   and Ting   )   (   Coauthor:   Senator   Wolk   )  FEBRUARY 22, 2013  An act to add and repeal Chapter 7.6 (commencing with Section 2832) to Part 2 of Division 1 of the Public Utilities Code, relating to energy.   An act to amend Section 18250 of, and to add Division 3.2 (commencing with Section 18100) to Title 2 of Part 6 of, the Penal Code, and to amend Section 8105 of the Welfare and Institutions Code, relating to firearms.  LEGISLATIVE COUNSEL'S DIGEST AB 1014, as amended,  Williams   Skinner  .  Energy: electrical corporations: green tariff shared renewable program.   Gun violence restraining orders.   (1) Existing law regulates the sale, transfer, possession, and ownership of firearms, including prohibiting specified persons from owning or possessing firearms. Existing law, among other things, prohibits a person subject to a domestic violence protective order from owning or possessing a firearm while that order is in effect and if prohibited by that order.   This bill would establish a procedure to obtain a gun violence restraining order and, when applicable, a firearm seizure warrant, when a person poses a significant risk of personal injury to himself or herself or others by possessing a firearm. The bill would establish the requirements for obtaining a gun violence restraining order and a firearm seizure warrant and would require, not later than 14 days after the execution of a gun violence restraining order, and, when applicable, a firearm seizure warrant, a hearing to determine whether a person who is subject to the order may, among other things, own or possess a firearm, or whether the seized firearm should be returned.   If it is determined that the person poses a significant risk of personal injury to himself or herself or others by possessing firearms, this bill would require law enforcement to retain the firearm for a period not to exceed one year, would make ownership or possession, the purchase or receipt, or attempted purchase or receipt of a firearm by that person a misdemeanor for a period up to one year, and would require the court to notify the Department of Justice, as specified. By creating a new crime and by requiring new duties of local law enforcement, this bill would impose a state-mandated local program.   This bill would authorize a law enforcement agency to request a renewal of a gun violence restraining order if the agency has probable cause to believe that a person subject to that restraining order continues to pose a significant risk of personal injury to himself or herself or others by possessing a firearm. This bill would additionally authorize a judge, upon his or her own motion, or upon request of another person, to issue a renewal of a gun violence restraining order, as specified.   (2) Existing law requires specified law enforcement officers to take temporary custody of any firearm or deadly weapon in plain sight or discovered pursuant to a lawful search when present at the scene of a domestic violence incident involving a threat to human life or physical assault.   This bill would apply the requirements described above to law enforcement officers serving a gun violence restraining order.   (3) Existing law requires the Department of Justice to request public and private mental hospitals, sanitariums, and institutions to submit to the department information necessary to identify persons who are admitted to a specified facility because the person is a danger to himself, herself, or others, to own, possess, control, receive, or purchase any firearm. Existing law requires the department to only use the information for certain specified purposes.   This bill would require the department to use the above-described information to determine the eligibility of a person who is the subject to either a gun violence restraining order or a firearm seizure warrant to acquire, carry, or possess firearms, destructive devices, or explosives.   (4) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.   With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.   (1) Under existing law, the Public Utilities Commission has regulatory jurisdiction over public utilities, including electrical corporations, as defined. Existing law authorizes the commission to fix the rates and charges for every public utility, and requires that those rates and charges be just and reasonable. Under existing law, the local government renewable energy self-generation program authorizes a local government, as defined, to receive a bill credit, as defined, to be applied to a designated benefiting account for electricity exported to the electrical grid by an eligible renewable generating facility, as defined, and requires the commission to adopt a rate tariff for the benefiting account.   This bill would require specified electrical corporations to file with the commission, by March 1, 2014, an advice letter requesting the approval of a green tariff shared renewable program. The bill would require the commission, by July 1, 2014, after notice and opportunity for public comment, to approve the advice letter if the commission finds that the proposed program is reasonable and consistent with specified findings. This bill would require the commission to require that a green tariff shared renewable program be administered in accordance with specified provisions. This bill would repeal these provisions on January 1, 2019.   (2) 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 the provisions of the bill would require action by the commission to implement its requirements, a violation of these provisions would impose a state-mandated local program by expanding the definition of a crime.   (3) 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.  Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Division 3.2 (commencing with Section 18100) is added to Title 2 of Part 6 of the   Penal Code   , to read:   DIVISION 3.2. Gun Violence Restraining Orders 18100. (a) A gun violence restraining order is an order, in writing, in the name of the people, signed by a magistrate, prohibiting a named person from having under his or her custody or control, owning, purchasing, possessing, or receiving any firearms for a period of up to one year. (b) A firearm seizure warrant is an order, in writing, in the name of the people, signed by a magistrate, regarding a person who is subject to a gun violence restraining order and who is known to own or possess one or more firearms, which is directed to a peace officer, commanding him or her to seize any firearms in the possession of the named person and to bring the unloaded firearm before the magistrate. 18101. (a) Any person may submit an application to the court, on a form designed by the Judicial Council, setting forth the facts and circumstances necessitating that a gun violence restraining order be issued. A gun violence restraining order shall be issued to prohibit a named person from possessing a firearm if an affidavit, signed by the applicant under oath, and any additional information provided to the court demonstrates, to the satisfaction of the court, the named person poses a significant risk of personal injury to himself or herself or others by possessing firearms. (b) A firearms seizure warrant may not be issued but upon probable cause, supported by an affidavit, naming or describing with reasonable specificity the facts and circumstances justifying the order and listing any firearm or firearms to be seized pursuant to the order. (c) A firearm described in the firearms seizure warrant may be taken from any place, or from any person in whose possession the firearm may be. 18102. (a) The magistrate, before issuing the gun violence restraining order, may examine on oath, the person seeking the order and any witnesses the person produces, and shall take his or her affidavit or affidavits in writing, and cause the affidavit or affidavits to be subscribed by the parties making them. (b) In determining whether grounds for a gun violence restraining order exist, the magistrate shall consider all of the following: (1) A recent threat or act of violence by the named person directed toward others. (2) A recent threat or act of violence by the named person directed toward himself or herself. (3) A recent violation of an emergency protective order pursuant to Section 646.91 or Part 3 (commencing with Section 6240) of Division 10 of the Family Code. (4) A recent violation of a protective order issued pursuant to Part 4 (commencing with Section 6300) of Division 10 of the Family Code, Section 136.2, Section 527.6 of the Code of Civil Procedure, or Section 213.5 or 15657.03 of the Welfare and Institutions Code. (5) A conviction for any offense listed in Section 29805. (c) In determining whether grounds for a gun violence restraining order exist, the magistrate may consider any of the following: (1) The reckless use, display, or brandishing of a firearm by the named person. (2) The history of use, attempted use, or threatened use of physical force by the named person against other persons. (3) Any prior arrest of the named person for a felony offense. (4) Any history of a violation by the named person of an emergency protective order issued pursuant to Section 646.91 or Part 3 (commencing with Section 6240) of Division 10 of the Family Code. (5) Any history of a violation by the named person of a protective order issued pursuant to Part 4 (commencing with Section 6300) of Division 10 of the Family Code, Section 136.2, Section 527.6 of the Code of Civil Procedure, or Section 213.5 or 15657.03 of the Welfare and Institutions Code. (6) Evidence of recent or ongoing abuse of controlled substances or alcohol by the named person. (7) Evidence of recent acquisition of firearms or other deadly weapons. (d) The affidavit or affidavits shall set forth the facts tending to establish the grounds of the application, or probable cause for believing that they exist. (e) In lieu of the written affidavit required in subdivision (a), the magistrate may take an oral statement under oath using the procedures prescribed in Section 1526. 18103. If the magistrate is satisfied of the existence of the grounds of the application, or that there is probable cause to believe their existence, he or she shall issue a gun violence restraining order. If there is also probable cause to believe that the person has custody or control of or owns a firearm or firearms, the magistrate shall also issue a firearm seizure warrant, signed by the magistrate with his or her name of office, to a peace officer in his or her county, commanding the peace officer to seize any firearms specified and to retain the firearm or firearms subject to the order of the court, as provided in Section 18104. 18104. (a) (1) A gun violence restraining order shall include all of the following: (A) A statement of the grounds asserted for the order. (B) The date and time the order expires. (C) The address of the superior court for the district or county in which the restrained party resides. (D) The following statement, which shall be printed in English and Spanish: "To the restrained person: This order will last until the date and time noted above. You may not own, possess, purchase, or receive, or attempt to purchase or receive a firearm while this order is in effect. You are entitled to submit one written request for a hearing at any time during the effective period of the order for an order permitting you to own, possess, purchase, or receive a firearm. You may seek the advice of an attorney as to any matter connected with the order. The attorney should be consulted promptly so that the attorney may assist you in any matter connected with the order." (2) A firearm seizure warrant shall be substantially in the following form: County of ____. The people of the State of California to any peace officer in the County of ____. Proof, by affidavit, having been this day made before me (naming every person whose affidavit was taken), that there is probable cause to believe that (person whose firearms are to be seized) poses a significant risk of personal injury to himself or herself or others and has possession of one or more firearms, you are therefore commanded, in the daytime (or at any time of the day or night, as the case may be, according to Section 1533 of the Penal Code), to search the person and property of the named person where firearms may be stored and to seize all firearms in the possession of the named person and to bring the firearms to a safe and secure location under the control of the local law enforcement agency. Given under my hand, and dated this ____ day of (year). _______, Judge of the (applicable) Court. (b) When an officer takes property under a firearms seizure warrant, he or she shall give a receipt for the property taken, specifying it in detail, to the person from whom it was taken. In the absence of a person, the officer shall leave the receipt in the place where he or she found the property. (c) When serving a gun violence restraining order, the officer shall inform the person that he or she may submit one written request for a hearing, pursuant to Section 18107, at any time during the effective period of the order and provide the person with a form to request a hearing. (d) All firearms seized pursuant to a firearms seizure warrant shall be retained by the officer or the law enforcement agency in custody as provided in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6, subject to the order of the court that issued the warrant or to any other court in which an offense in respect to the firearm is triable. 18105. (a) If the location to be searched during the execution of a firearm seizure warrant is jointly occupied by multiple parties and a firearm is located during the execution of the seizure warrant, and it is determined that the firearm is owned by a person other than the person named in the firearm seizure warrant, the firearm shall not be seized if all of the following conditions are satisfied: (1) The firearm is stored in a manner that the person named in the firearm seizure warrant does not have access to or control of the firearm. (2) There is no evidence of unlawful possession of the firearm by the owner. (b) If the location to be searched during the execution of a firearm seizure warrant is jointly occupied by multiple parties and a gun safe is located, and it is determined that the gun safe is owned by a person other than the person named in the firearm seizure warrant, the contents of the gun safe shall not be searched except in the owner's presence, or with his or her consent, or unless a valid search warrant has been obtained. 18106. (a) Except as provided in subdivision (e), not later than 14 days after the execution of a gun violence restraining order and, when applicable, a firearm seizure warrant, the court that issued the order and, when applicable, the seizure warrant, or another court in that same jurisdiction, shall hold a hearing to determine whether the person who is the subject of the order may have under his or her custody or control, own, purchase, possess, or receive firearms and, when applicable, whether any seized firearms should be returned to the person named in the warrant. (b) At the hearing, the state shall have the burden of proving, by clear and convincing evidence, that the person poses a significant risk of personal injury to himself, herself, or others by owning or possessing the firearm. (c) If the named person is found at the hearing to pose a significant risk of personal injury to himself, herself, or others by owning or possessing a firearm, the following shall apply: (1) The firearm or firearms seized pursuant to the warrant shall be retained by the law enforcement agency for a period not to exceed one year or until ownership of the firearm is transferred to a licensed firearm dealer. (2) The named person shall be prohibited from owning or possessing, purchasing or receiving, or attempting to purchase or receive a firearm for a period not to exceed one year. A violation of this paragraph is a misdemeanor. (3) The court shall notify the Department of Justice of the gun violence restraining order no later than two court days after issuing the order. The court shall also notify the department of any order restoring the person's ability to own or possess firearms no later than two court days after issuing the order to restore the person's right to own or possess any type of firearms that may be lawfully owned and possessed. (d) If the court finds that the state has not met the required standard of proof, the firearm or firearms seized pursuant to the warrant shall be returned to the named person pursuant to Chapter 2 (commencing with Section 33850) of Division 11. (e) If the person named in the warrant is a person who is prohibited by law from owning or possessing a firearm for a period of one year or more by another provision of state or federal law, a hearing pursuant to subdivision (a) is not required and the court shall issue an order to hold the firearm until either the person is no longer prohibited from owning a firearm or the person sells or transfers ownership of the firearm to a licensed firearm dealer. (f) Any notice or report required to be submitted to the Department of Justice pursuant to this section shall be submitted in an electronic format, in a manner prescribed by the department. (g) If any person claims title to any firearms seized pursuant to the warrant, the firearm or firearms shall be returned to the lawful owner pursuant to Chapter 2 (commencing with Section 33850) of Division 11 of Title 4. 18107. (a) A person described in subdivision (c) of Section 18106, may submit one written request at any time during the effective period of the order for a hearing for an order permitting the person to own, possess, purchase, or receive a firearm. (b) The Judicial Council shall design and furnish the form, in both English and Spanish, to be used to request a hearing under this section. Each superior court shall make available the form printed and distributed by the Judicial Council. 18108. (a) (1) When a law enforcement agency has probable cause to believe that a person subject to a gun violence restraining order, as defined in Section 18100, continues to pose a significant risk of personal injury to himself or herself or others by possessing a firearm, the agency may initiate a request for a renewal of the order, on a form designed by the Judicial Council, setting forth the facts and circumstances necessitating the request. A hearing shall be held in a superior court to determine if a request for renewal of the order shall be issued. (2) The person named in the restraining order shall be given written notice and an opportunity to be heard on the matter. (b) A judge may, upon his or her own motion, or upon request of another person, issue a renewal of a gun violence restraining order, as defined in Section 18100, when there is probable cause to believe that a person subject to the order continues to pose a significant risk of personal injury to himself or herself or others by possessing a firearm, after written notice to the person named in the restraining order and after giving him or her an opportunity for a hearing. 18109. Except as otherwise provided, the provisions of Section 1528 and Sections 1530 to 1535, inclusive, shall apply to this division.   SEC. 2.   Section 18250 of the   Penal Code   is amended to read:  18250. If any of the following persons is at the scene of a domestic violence incident involving a threat to human life or a physical assault, or is serving a protective order as defined in Section 6218 of the Family Code,  or is serving a gun violence restraining order as defined in Section 18100,  that person shall take temporary custody of any firearm or other deadly weapon in plain sight or discovered pursuant to a consensual or other lawful search as necessary for the protection of the peace officer or other persons present: (a) A sheriff, undersheriff, deputy sheriff, marshal, deputy marshal, or police officer of a city, as defined in subdivision (a) of Section 830.1. (b) A peace officer of the Department of the California Highway Patrol, as defined in subdivision (a) of Section 830.2. (c) A member of the University of California Police Department, as defined in subdivision (b) of Section 830.2. (d) An officer listed in Section 830.6, while acting in the course and scope of the officer's employment as a peace officer. (e) A member of a California State University Police Department, as defined in subdivision (c) of Section 830.2. (f) A peace officer of the Department of Parks and Recreation, as defined in subdivision (f) of Section 830.2. (g) A peace officer, as defined in subdivision (d) of Section 830.31. (h) A peace officer, as defined in subdivisions (a) and (b) of Section 830.32. (i) A peace officer, as defined in Section 830.5.  SEC. 3.   Section 8105 of the   Welfare and Institutions Code   is amended to read:  8105. (a) The Department of Justice shall request each public and private mental hospital, sanitarium, and institution to submit to the department  that  information  that  the department deems necessary to identify those persons who are  within   subject to the prohibition specified by  subdivision (a) of Section 8100, in order to carry out its duties in relation to firearms, destructive devices, and explosives. (b) Upon request of the Department of Justice pursuant to subdivision (a), each public and private mental hospital, sanitarium, and institution shall submit to the department  that  information  which  the department deems necessary to identify those persons who are  within   subject to the prohibition specified by  subdivision (a) of Section 8100, in order to carry out its duties in relation to firearms, destructive devices, and explosives. (c) A licensed psychotherapist shall report to a local law enforcement agency, within 24 hours, in a manner prescribed by the Department of Justice, the identity of a person subject to  the prohibition specified by  subdivision (b) of Section 8100. Upon receipt of the report, the local law enforcement agency, on a form prescribed by the Department of Justice, shall notify the department electronically, within 24 hours, in a manner prescribed by the department, of the person who is subject to  the prohibition specified by  subdivision (b) of Section 8100. (d) All information provided to the Department of Justice pursuant to this section shall be kept confidential, separate, and apart from all other records maintained by the department. The information provided to the Department of Justice pursuant to this section shall be used only for any of the following purposes: (1) By the department to determine eligibility of a person to acquire, carry, or possess firearms, destructive devices, or explosives. (2) For the purposes of the court proceedings described in subdivision (b) of Section 8100, to determine the eligibility of the person who is bringing the petition pursuant to paragraph (3) of subdivision (b) of Section 8100. (3) To determine the eligibility of a person to acquire, carry, or possess firearms, destructive devices, or explosives who is the subject of a criminal investigation,  or who is the subject of an investigation into the issuance of either a gun violence restraining order or a firearm seizure warrant, as defined in Section 18100 of the Penal Code,  if a part of the  criminal  investigation involves the acquisition, carrying, or possession of firearms, explosives, or destructive devices by that person. (e) Reports shall not be required or requested under this section  where   if  the same person has been previously reported pursuant to Section 8103 or 8104.  SEC. 4.   No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIII B of the California Constitution.   However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.   SECTION 1.   Chapter 7.6 (commencing with Section 2832) is added to Part 2 of Division 1 of the Public Utilities Code, to read: CHAPTER 7.6. GREEN TARIFF SHARED RENEWABLE PROGRAM 2832. The Legislature finds and declares all of the following: (a) The creation of renewable energy within California provides significant financial, health, environmental, and workforce benefits to the State of California. (b) The California Solar Initiative has been extremely successful, resulting in over 140,000 residential and commercial onsite installations of solar energy systems. However, it cannot reach all residents and businesses that want to participate and is limited to solar. A green tariff shared renewable program seeks to build on this success by expanding access to renewable energy resources to all ratepayers who are currently unable to access the benefits of onsite generation. (c) The Governor has proposed the Clean Energy Jobs Plan calling for the development of 12,000 megawatts of localized electricity generation by 2020. There is widespread interest from many large institutional customers, including schools, colleges, universities, local governments, businesses, and the military, for development of renewable generation facilities to serve more than 33 percent of their energy needs. (d) Public institutions will benefit from a green tariff shared renewable program's enhanced flexibility to participate in shared renewable energy facilities. (e) Renewable generation creates jobs, reduces emissions of greenhouse gases, and promotes energy independence. (f) Many large energy users in California have pursued onsite renewable energy generation, but cannot achieve their goals due to rooftop or land space limitations, or size limits on net metering. The enactment of this chapter will create a mechanism whereby institutional customers such as military installations, universities, and local governments, as well as commercial customers and groups of individuals, can efficiently invest in generating electricity from renewable generation. (g) It is the intent of the Legislature that a green tariff shared renewable program be implemented in such a manner as to facilitate a large, sustainable market for the purchase of an interest in offsite renewable generation, while fairly compensating electrical corporations for the services they provide, without affecting nonparticipating ratepayers. (h) It is the further intent of the Legislature to preserve a thriving, sustainable agricultural industry, and to ensure that the development of renewable energy does not remove prime farmland from productive use without a comprehensive public review process. 2833. (a) On or before March 1, 2014, an electrical corporation with at least 100,000 customers shall file with the commission an advice letter requesting approval of a green tariff shared renewable program that the electrical corporation determines is consistent with the findings specified in Section 2832. (b) On or before July 1, 2014, the commission shall issue a resolution on the electrical corporation's advice letter for a green tariff shared renewable program, determining whether to approve or disapprove it, with or without modifications. (c) After notice and an opportunity for public comment, the commission shall approve an advice letter by an electrical corporation for a green tariff shared renewable program if the commission determines that the program is reasonable and consistent with the findings specified in Section 2832. (d) This chapter shall not apply to applications by electrical corporations for a green tariff shared renewable program filed at the commission prior to May 1, 2013, or to the approval of those applications by the commission. 2834. In implementing this chapter, the commission shall require a green tariff shared renewable program to be administered in accordance with this section. (a) Electrical corporations shall use existing commission-approved tools and mechanisms to procure additional renewable energy resources from incremental, additional renewable generation facilities, primarily sized 20 megawatts and below. (b) The megawatts to be procured under this section are limited to an allocation of up to 600 megawatts to this program, divided proportionally among the electrical corporations required to file the tariff and allocated in equal increments over a five-year period. (c) To the extent possible, electrical corporations shall seek to procure renewable energy supplies that are located within a reasonable proximity to enrolled participants. (d) Electrical corporations shall ensure that the program complies with diverse procurement and General Order 156 goals. (e) Electrical corporations shall not subscribe a participant to more than two megawatts of generating capacity or the equivalent amount. This limitation does not apply to a federal, state, or local government, school, school district, county office of education, the California Community Colleges, the California State University, or the University of California. Electrical corporations shall ensure that no single entity or its affiliates or subsidiaries is awarded more than 20 percent of any single calendar year's total cumulative rated generating capacity made available pursuant to this program. (f) To the extent possible, the electrical corporation shall actively market the program to low-income and minority communities and customers. (g) Participating customers are to receive bill credits for the generation using the class average retail generation rate as established in the electrical corporation's approved tariff for the class to which the subscribed belongs plus a renewable adjustment value representing the difference between the time of day profile of the renewable resource used to serve the subscribed and the class average time of day profile and the resource adequacy value, if any, of the resource contained in this program. (h) Participating customers shall pay the administrative costs of the electrical corporation and pay charges to fully cover the cost of procuring a green tariff shared renewable program's resources to serve their needs, consistent with other existing similar voluntary optional rate schedules. Electrical corporations may provide support for enhanced community renewable programs to facilitate development of additional renewable projects closer to load. (i) The commission shall ensure that the charges and credits associated with this program shall be structured to ensure nonparticipant ratepayer indifference for the remaining, bundled service, direct access, and community choice aggregation customers and that no costs are shifted from participating customers to nonparticipating ratepayers. (j) Electrical corporations shall track and account for all revenues and costs to ensure that the electrical corporation recovers the actual costs of the program and that all costs and revenues are fully transparent and auditable. (k) Any renewable energy credits associated with an interest shall be retired by either the provider or electrical corporation, as they may agree on behalf of the participant or transferred to the Western Renewable Energy Generation Information System account of that participant, for the purpose of demonstrating the purchase of renewable energy. Those renewable energy credits shall not be further sold, transferred, or otherwise monetized by a party for any purpose. Any renewable energy credits associated with electricity paid for by the electrical corporation shall be counted toward meeting that electrical corporation's renewables portfolio standard. For the purposes of this subdivision, the terms "renewable energy credit" and "renewables portfolio standard" have the same meanings as defined in Section 399.12. (l) An electrical corporation shall, in the event of participant attrition or related factors, apply the additional resources procured through this program to the electrical corporation's renewable portfolio standard procurement obligations or banked for future use to benefit all customers in accordance with renewable portfolio standard banking and procurement rules. (m) In calculating its procurement requirements to meet the requirements of the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1), an electrical corporation may exclude from total retail sales the kilowatthours generated by a shared renewable energy facility commencing with the point in time at which the facility achieves commercial operation. (n) This chapter shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.   SEC. 2.   No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.