California 2019-2020 Regular Session

California Assembly Bill AB3239 Compare Versions

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11 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3239Introduced by Assembly Member TingFebruary 21, 2020 An act to repeal Section 32208 of the Financial Code, to amend Sections 39730.7 and 39730.8 of the Health and Safety Code, to amend the heading of Chapter 3 (commencing with Section 25200) of Division 15 of, and to amend Sections 25104, 25112, 25200, 26205.5, and 26225 of, the Public Resources Code, and to amend Section 20 of the Public Utilities Code, relating to the State Energy Resources Conservation and Development Commission. LEGISLATIVE COUNSEL'S DIGESTAB 3239, as introduced, Ting. State Energy Resources Conservation and Development Commission.Existing law establishes the State Energy Resources Conservation and Development Commission and sets forth its powers and duties.This bill would rename the commission as the Energy Commission, and would make related changes. The bill would prohibit existing supplies, forms, insignias, signs, logos, uniforms, or emblems from being destroyed or changed as a result of changing the name of the commission, and would require their continued use until exhausted or unserviceable.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 32208 of the Financial Code is repealed.32208.Energy Commission means the State Energy Resources Conservation and Development Commission.SEC. 2. Section 39730.7 of the Health and Safety Code is amended to read:39730.7. (a) For purposes of this section, the following terms have the following meanings:(1) Department means the Department of Food and Agriculture.(2) Commission means the Public Utilities Commission.(3)Energy commission means the State Energy Resources Conservation and Development Commission.(4)(3) Strategy means the strategy to reduce short-lived climate pollutants developed pursuant to Section 39730.(b) (1) The state board, in consultation with the department, shall adopt regulations to reduce methane emissions from livestock manure management operations and dairy manure management operations, consistent with this section and the strategy, by up to 40 percent below the dairy sectors and livestock sectors 2013 levels by 2030.(2) Prior to Before adopting regulations pursuant to paragraph (1), the state board shall do all of the following:(A) Work with stakeholders to identify and address technical, market, regulatory, and other challenges and barriers to the development of dairy methane emissions reduction projects. The group of stakeholders shall include a broad range of stakeholders involved in the development of dairy methane reduction projects, including, but not limited to, project developers, dairy and livestock industry representatives, state and local permitting agencies, energy agency representatives, compost producers with experience composting dairy manure, environmental and conservation stakeholders, public health experts, and others with demonstrated expertise relevant to the success of dairy methane emissions reduction efforts.(B) Provide a forum for public engagement by holding at least three public meetings in geographically diverse locations throughout the state where dairy operations and livestock operations are present.(C) In consultation with the department, do both of the following:(i) Conduct or consider livestock and dairy operation research on dairy methane emissions reduction projects, including, but not limited to, scrape manure management systems, solids separation systems, and enteric fermentation.(ii) Consider developing and adopting methane emissions reduction protocols.(3) The state board shall make available to the public by posting on its Internet Web site internet website a report on the progress made in implementing paragraph (2). Pursuant to Section 9795 of the Government Code, the state board shall notify the Legislature of the report.(4) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the regulations adopted pursuant to paragraph (1) shall be implemented on or after January 1, 2024, if the state board, in consultation with the department, determines all of the following:(A) The regulations are technologically feasible.(B) The regulations are economically feasible considering milk and live cattle prices and the commitment of state, federal, and private funding, among other things, and that markets exist for the products generated by dairy manure management and livestock manure management methane emissions reduction projects, including composting, biomethane, and other products. The analysis shall include consideration of both of the following:(i) Electrical interconnection of onsite electrical generation facilities using biomethane.(ii) Access to common carrier pipelines available for the injection of digester biomethane.(C) The regulations are cost effective.(D) The regulations include provisions to minimize and mitigate potential leakage to other states or countries, as appropriate.(E) The regulations include an evaluation of the achievements made by incentive-based programs.(c) No later than July 1, 2020, the state board, in consultation with the department, shall analyze the progress the dairy and livestock sectors have made in achieving the goals identified in the strategy and specified in paragraph (1) of subdivision (b). The analysis shall determine if sufficient progress has been made to overcome technical and market barriers, as identified in the strategy. If the analysis determines that progress has not been made in meeting the targets due to insufficient funding or technical or market barriers, the state board, in consultation with the department and upon consultation with stakeholders, may reduce the goal in the strategy for the dairy and livestock sectors, as identified pursuant to paragraph (1) of subdivision (b).(d) (1) (A) No later than January 1, 2018, the state board, in consultation with the commission and the energy commission, Energy Commission, shall establish energy infrastructure development and procurement policies needed to encourage dairy biomethane projects to meet the goal identified pursuant to paragraph (1) of subdivision (b).(B) The state board shall develop a pilot financial mechanism to reduce the economic uncertainty associated with the value of environmental credits, including credits pursuant to the Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations) from dairy-related projects producing low-carbon transportation fuels. The state board shall make recommendations to the Legislature for expanding this mechanism to other sources of biogas.(2) No later than January 1, 2018, the commission, in consultation with the state board and the department, shall direct gas corporations to implement not less than five dairy biomethane pilot projects to demonstrate interconnection to the common carrier pipeline system. For the purposes of these pilot projects, gas corporations may recover in rates the reasonable cost of pipeline infrastructure developed pursuant to the pilot projects.(e) No later than January 1, 2018, the state board shall provide guidance on credits generated pursuant to the Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations) and the market-based compliance mechanism developed pursuant to Part 5 (commencing with Section 38570) of Division 25.5 from the methane reduction protocols described in the strategy and shall ensure that projects developed before the implementation of regulations adopted pursuant to subdivision (b) receive credit for at least 10 years. Projects shall be eligible for an extension of credits after the first 10 years to the extent allowed by regulations adopted pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)).(f) Enteric emissions reductions shall be achieved only through incentive-based mechanisms until the state board, in consultation with the department, determines that a cost-effective, considering the impact on animal productivity, and scientifically proven method of reducing enteric emissions is available and that adoption of the enteric emissions reduction method would not damage animal health, public health, or consumer acceptance. Voluntary enteric emissions reductions may be used toward satisfying the goals of this chapter.(g) Except as provided in this section, the state board shall not adopt methane emissions reduction regulations controlling the emissions of methane from dairy operations or livestock operations to achieve the 2020 and 2030 greenhouse gas emissions reduction goals established pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)).(h) This section does not limit the authority of the state board to acquire planning and baseline information, including requiring the monitoring and reporting of emissions.(i) This section does not in any way affect the state boards or districts authority to regulate emissions of criteria pollutants, toxic air contaminants, or other pollutants pursuant to other provisions of this division.SEC. 3. Section 39730.8 of the Health and Safety Code is amended to read:39730.8. (a) For purposes of this section, the following terms have the following meanings:(1) Commission means the Public Utilities Commission.(2)Energy commission means the State Energy Resources Conservation and Development Commission.(3)(2) Strategy means the strategy to reduce short-lived climate pollutants developed pursuant to Section 39730.(b) The energy commission, Energy Commission, in consultation with the state board and the commission, shall develop recommendations for the development and use of renewable gas, including biomethane and biogas, as a part of its 2017 Integrated Energy Policy Report prepared pursuant to Section 25302 of the Public Resources Code. In developing the recommendations, the energy commission Energy Commission, shall identify cost-effective strategies that are consistent with existing state policies and climate change goals by considering priority end uses of renewable gas, including biomethane and biogas, and their interactions with state policies, including biomethane and all of the following:(1) The Renewables Portfolio Standard program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code).(2) The Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations).(3) Waste diversion goals established pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code.(4) The market-based compliance mechanism developed pursuant to Part 5 (commencing with Section 38570) of Division 25.5.(5) The strategy.(c) Based on the recommendations developed pursuant to subdivision (b), and to meet the states climate change, renewable energy, low-carbon fuel, and short-lived climate pollutants goals, including black carbon, landfill diversion, and dairy methane targets identified in the strategy, state agencies shall consider and, as appropriate, adopt policies and incentives to significantly increase the sustainable production and use of renewable gas, including biomethane and biogas.(d) Based on the recommendations developed pursuant to subdivision (b), the commission, in consultation with the energy commission Energy Commission and the state board, shall consider additional policies to support the development and use in the state of renewable gas, including biomethane and biogas, that reduce short-lived climate pollutants in the state.(e) In implementing this section, priority shall be given to fuels with the greatest greenhouse gas emissions benefits, including the consideration of carbon intensity and reduction in short-lived climate pollutants, as appropriate.SEC. 4. Section 25104 of the Public Resources Code is amended to read:25104. Commission means the State Energy Resources Conservation and Development Commission.SEC. 5. Section 25112 of the Public Resources Code is amended to read:25112. Member or member of the commission means a member of the State Energy Resources Conservation and Development Commission appointed pursuant to Section 25200.SEC. 6. The heading of Chapter 3 (commencing with Section 25200) of Division 15 of the Public Resources Code is amended to read: CHAPTER 3. State Energy Resources Conservation and Development CommissionSEC. 7. Section 25200 of the Public Resources Code is amended to read:25200. (a) There is in the Resources Agency the State Energy Resources Conservation and Development Commission, consisting of five members appointed by the Governor subject to Section 25204.(b) The Energy Commission shall succeed to, and is vested with, all the duties, powers, purposes, responsibilities, property, and jurisdiction previously vested in the State Energy Resources Conservation and Development Commission.(c) Whenever the term State Energy Resources Conservation and Development Commission appears in a law, the term means the Energy Commission.(d) No existing supplies, forms, insignias, signs, logos, uniforms, or emblems shall be destroyed or changed as a result of changing the name of the State Energy Resources Conservation and Development Commission to the Energy Commission, and those materials shall continue to be used until exhausted or unserviceable.SEC. 8. Section 26205.5 of the Public Resources Code is amended to read:26205.5. (a) Of the moneys provided to the Job Creation Fund for purposes of paragraph (1) of subdivision (a) of Section 26205, the available remaining funds, which are the funds allocated to a local educational agency that has not submitted an energy expenditure plan, as determined by the Energy Commission as of March 1, 2018, shall be appropriated as follows:(1) The first seventy-five million dollars ($75,000,000) shall be provided to school districts, county offices of education, and joint power authorities currently operating home-to-school transportation programs on behalf of local educational agencies for grants or loans for schoolbus retrofit or replacement through a program administered by the Energy Commission, in consultation with the State Air Resources Board.(A) Priority shall be given to school districts, county offices of education, and joint power authorities currently operating home-to-school transportation programs on behalf of local educational agencies operating the oldest schoolbuses or schoolbuses operating in disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code, as determined by the State Air Resources Board, and to school districts, county offices of education, or joint power authorities currently operating home-to-school transportation programs on behalf of local educational agencies with a majority of students pupils eligible for free or reduced-price meals in the prior year.(B) Any schoolbuses that have been replaced pursuant to this paragraph shall be scrapped.(C) A local air district may administer funding provided pursuant to this paragraph, if authorized by the Energy Commission.(2) The next one hundred million dollars ($100,000,000) shall be deposited into the Education Subaccount, created pursuant to Section 26227, for the purpose of low-interest and no-interest revolving loans and loan loss reserves for eligible projects and technical assistance on a competitive basis. Priority shall be given to local educational agencies based on the percentage of students pupils eligible for free or reduced-price meals in the prior year, energy savings, geographic diversity, and diversity in the size of the local educational agencies student pupil populations. If a local educational agency has a project eligible for a loan under this paragraph, the maximum loan amount for the project shall be the project cost reduced by both of the following, as applicable:(A) The amount of any grant awarded for the project pursuant to paragraph (3).(B) Any state, federal, or local incentives that have been provided for the project.(3) (A) (i) The remaining moneys, if any, shall be provided to local educational agencies in accordance with subdivision (b) of Section 26227.2, as implemented by the Energy Commission, in consultation with the State Department of Education, as follows:(I) Ten percent shall be for local educational agencies with an average daily attendance of not more than 1,000.(II) Ten percent shall be for local educational agencies with an average daily attendance of more than 1,000 and not more than 2,000.(III) Eighty percent shall be for local educational agencies with an average daily attendance of more than 2,000.(ii) The Energy Commission may adjust the funding allocations specified in clause (i) and may add additional categories based on average daily attendance to further the purposes of Section 26227.2.(B) The Energy Commission shall facilitate local educational agency pursuit of funding under this paragraph and from the State Energy Conservation Assistance Account through coordinated information, documentation, and review processes regarding the project.(C) For purposes of this paragraph, average daily attendance shall be those numbers as reported in the prior year, as determined by the State Department of Education.(b) A local educational agency that receives moneys pursuant to this section shall encumber those moneys within nine months of allocation.(c) For purposes of this section, the following definitions apply:(1)Energy Commission means the State Energy Resources Conservation and Development Commission.(2)Local local educational agency means a school district, county office of education, charter school, or state special school.SEC. 9. Section 26225 of the Public Resources Code is amended to read:26225. For the purposes of this chapter, the following terms have the following meanings:(a) Chancellor means the Chancellor of the California Community Colleges.(b)Energy Commission means the State Energy Resources Conservation and Development Commission.(c)(b) Local education agency, local educational agency, or LEA means a school district, county office of education, charter school, or state special school.(d)(c) Job Creation Fund means the Clean Energy Job Creation Fund established in Section 26205.SEC. 10. Section 20 of the Public Utilities Code is amended to read:20. (a)Commission means the Public Utilities Commission created by Section 1 of Article XII of the California Constitution, and commissioner means a member of the commission.(b)Energy Commission means the State Energy Resources Conservation and Development Commission.
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33 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3239Introduced by Assembly Member TingFebruary 21, 2020 An act to repeal Section 32208 of the Financial Code, to amend Sections 39730.7 and 39730.8 of the Health and Safety Code, to amend the heading of Chapter 3 (commencing with Section 25200) of Division 15 of, and to amend Sections 25104, 25112, 25200, 26205.5, and 26225 of, the Public Resources Code, and to amend Section 20 of the Public Utilities Code, relating to the State Energy Resources Conservation and Development Commission. LEGISLATIVE COUNSEL'S DIGESTAB 3239, as introduced, Ting. State Energy Resources Conservation and Development Commission.Existing law establishes the State Energy Resources Conservation and Development Commission and sets forth its powers and duties.This bill would rename the commission as the Energy Commission, and would make related changes. The bill would prohibit existing supplies, forms, insignias, signs, logos, uniforms, or emblems from being destroyed or changed as a result of changing the name of the commission, and would require their continued use until exhausted or unserviceable.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
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99 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
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1111 Assembly Bill
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1313 No. 3239
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1515 Introduced by Assembly Member TingFebruary 21, 2020
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1717 Introduced by Assembly Member Ting
1818 February 21, 2020
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2020 An act to repeal Section 32208 of the Financial Code, to amend Sections 39730.7 and 39730.8 of the Health and Safety Code, to amend the heading of Chapter 3 (commencing with Section 25200) of Division 15 of, and to amend Sections 25104, 25112, 25200, 26205.5, and 26225 of, the Public Resources Code, and to amend Section 20 of the Public Utilities Code, relating to the State Energy Resources Conservation and Development Commission.
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2222 LEGISLATIVE COUNSEL'S DIGEST
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2424 ## LEGISLATIVE COUNSEL'S DIGEST
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2626 AB 3239, as introduced, Ting. State Energy Resources Conservation and Development Commission.
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2828 Existing law establishes the State Energy Resources Conservation and Development Commission and sets forth its powers and duties.This bill would rename the commission as the Energy Commission, and would make related changes. The bill would prohibit existing supplies, forms, insignias, signs, logos, uniforms, or emblems from being destroyed or changed as a result of changing the name of the commission, and would require their continued use until exhausted or unserviceable.
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3030 Existing law establishes the State Energy Resources Conservation and Development Commission and sets forth its powers and duties.
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3232 This bill would rename the commission as the Energy Commission, and would make related changes. The bill would prohibit existing supplies, forms, insignias, signs, logos, uniforms, or emblems from being destroyed or changed as a result of changing the name of the commission, and would require their continued use until exhausted or unserviceable.
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3838 The people of the State of California do enact as follows:SECTION 1. Section 32208 of the Financial Code is repealed.32208.Energy Commission means the State Energy Resources Conservation and Development Commission.SEC. 2. Section 39730.7 of the Health and Safety Code is amended to read:39730.7. (a) For purposes of this section, the following terms have the following meanings:(1) Department means the Department of Food and Agriculture.(2) Commission means the Public Utilities Commission.(3)Energy commission means the State Energy Resources Conservation and Development Commission.(4)(3) Strategy means the strategy to reduce short-lived climate pollutants developed pursuant to Section 39730.(b) (1) The state board, in consultation with the department, shall adopt regulations to reduce methane emissions from livestock manure management operations and dairy manure management operations, consistent with this section and the strategy, by up to 40 percent below the dairy sectors and livestock sectors 2013 levels by 2030.(2) Prior to Before adopting regulations pursuant to paragraph (1), the state board shall do all of the following:(A) Work with stakeholders to identify and address technical, market, regulatory, and other challenges and barriers to the development of dairy methane emissions reduction projects. The group of stakeholders shall include a broad range of stakeholders involved in the development of dairy methane reduction projects, including, but not limited to, project developers, dairy and livestock industry representatives, state and local permitting agencies, energy agency representatives, compost producers with experience composting dairy manure, environmental and conservation stakeholders, public health experts, and others with demonstrated expertise relevant to the success of dairy methane emissions reduction efforts.(B) Provide a forum for public engagement by holding at least three public meetings in geographically diverse locations throughout the state where dairy operations and livestock operations are present.(C) In consultation with the department, do both of the following:(i) Conduct or consider livestock and dairy operation research on dairy methane emissions reduction projects, including, but not limited to, scrape manure management systems, solids separation systems, and enteric fermentation.(ii) Consider developing and adopting methane emissions reduction protocols.(3) The state board shall make available to the public by posting on its Internet Web site internet website a report on the progress made in implementing paragraph (2). Pursuant to Section 9795 of the Government Code, the state board shall notify the Legislature of the report.(4) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the regulations adopted pursuant to paragraph (1) shall be implemented on or after January 1, 2024, if the state board, in consultation with the department, determines all of the following:(A) The regulations are technologically feasible.(B) The regulations are economically feasible considering milk and live cattle prices and the commitment of state, federal, and private funding, among other things, and that markets exist for the products generated by dairy manure management and livestock manure management methane emissions reduction projects, including composting, biomethane, and other products. The analysis shall include consideration of both of the following:(i) Electrical interconnection of onsite electrical generation facilities using biomethane.(ii) Access to common carrier pipelines available for the injection of digester biomethane.(C) The regulations are cost effective.(D) The regulations include provisions to minimize and mitigate potential leakage to other states or countries, as appropriate.(E) The regulations include an evaluation of the achievements made by incentive-based programs.(c) No later than July 1, 2020, the state board, in consultation with the department, shall analyze the progress the dairy and livestock sectors have made in achieving the goals identified in the strategy and specified in paragraph (1) of subdivision (b). The analysis shall determine if sufficient progress has been made to overcome technical and market barriers, as identified in the strategy. If the analysis determines that progress has not been made in meeting the targets due to insufficient funding or technical or market barriers, the state board, in consultation with the department and upon consultation with stakeholders, may reduce the goal in the strategy for the dairy and livestock sectors, as identified pursuant to paragraph (1) of subdivision (b).(d) (1) (A) No later than January 1, 2018, the state board, in consultation with the commission and the energy commission, Energy Commission, shall establish energy infrastructure development and procurement policies needed to encourage dairy biomethane projects to meet the goal identified pursuant to paragraph (1) of subdivision (b).(B) The state board shall develop a pilot financial mechanism to reduce the economic uncertainty associated with the value of environmental credits, including credits pursuant to the Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations) from dairy-related projects producing low-carbon transportation fuels. The state board shall make recommendations to the Legislature for expanding this mechanism to other sources of biogas.(2) No later than January 1, 2018, the commission, in consultation with the state board and the department, shall direct gas corporations to implement not less than five dairy biomethane pilot projects to demonstrate interconnection to the common carrier pipeline system. For the purposes of these pilot projects, gas corporations may recover in rates the reasonable cost of pipeline infrastructure developed pursuant to the pilot projects.(e) No later than January 1, 2018, the state board shall provide guidance on credits generated pursuant to the Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations) and the market-based compliance mechanism developed pursuant to Part 5 (commencing with Section 38570) of Division 25.5 from the methane reduction protocols described in the strategy and shall ensure that projects developed before the implementation of regulations adopted pursuant to subdivision (b) receive credit for at least 10 years. Projects shall be eligible for an extension of credits after the first 10 years to the extent allowed by regulations adopted pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)).(f) Enteric emissions reductions shall be achieved only through incentive-based mechanisms until the state board, in consultation with the department, determines that a cost-effective, considering the impact on animal productivity, and scientifically proven method of reducing enteric emissions is available and that adoption of the enteric emissions reduction method would not damage animal health, public health, or consumer acceptance. Voluntary enteric emissions reductions may be used toward satisfying the goals of this chapter.(g) Except as provided in this section, the state board shall not adopt methane emissions reduction regulations controlling the emissions of methane from dairy operations or livestock operations to achieve the 2020 and 2030 greenhouse gas emissions reduction goals established pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)).(h) This section does not limit the authority of the state board to acquire planning and baseline information, including requiring the monitoring and reporting of emissions.(i) This section does not in any way affect the state boards or districts authority to regulate emissions of criteria pollutants, toxic air contaminants, or other pollutants pursuant to other provisions of this division.SEC. 3. Section 39730.8 of the Health and Safety Code is amended to read:39730.8. (a) For purposes of this section, the following terms have the following meanings:(1) Commission means the Public Utilities Commission.(2)Energy commission means the State Energy Resources Conservation and Development Commission.(3)(2) Strategy means the strategy to reduce short-lived climate pollutants developed pursuant to Section 39730.(b) The energy commission, Energy Commission, in consultation with the state board and the commission, shall develop recommendations for the development and use of renewable gas, including biomethane and biogas, as a part of its 2017 Integrated Energy Policy Report prepared pursuant to Section 25302 of the Public Resources Code. In developing the recommendations, the energy commission Energy Commission, shall identify cost-effective strategies that are consistent with existing state policies and climate change goals by considering priority end uses of renewable gas, including biomethane and biogas, and their interactions with state policies, including biomethane and all of the following:(1) The Renewables Portfolio Standard program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code).(2) The Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations).(3) Waste diversion goals established pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code.(4) The market-based compliance mechanism developed pursuant to Part 5 (commencing with Section 38570) of Division 25.5.(5) The strategy.(c) Based on the recommendations developed pursuant to subdivision (b), and to meet the states climate change, renewable energy, low-carbon fuel, and short-lived climate pollutants goals, including black carbon, landfill diversion, and dairy methane targets identified in the strategy, state agencies shall consider and, as appropriate, adopt policies and incentives to significantly increase the sustainable production and use of renewable gas, including biomethane and biogas.(d) Based on the recommendations developed pursuant to subdivision (b), the commission, in consultation with the energy commission Energy Commission and the state board, shall consider additional policies to support the development and use in the state of renewable gas, including biomethane and biogas, that reduce short-lived climate pollutants in the state.(e) In implementing this section, priority shall be given to fuels with the greatest greenhouse gas emissions benefits, including the consideration of carbon intensity and reduction in short-lived climate pollutants, as appropriate.SEC. 4. Section 25104 of the Public Resources Code is amended to read:25104. Commission means the State Energy Resources Conservation and Development Commission.SEC. 5. Section 25112 of the Public Resources Code is amended to read:25112. Member or member of the commission means a member of the State Energy Resources Conservation and Development Commission appointed pursuant to Section 25200.SEC. 6. The heading of Chapter 3 (commencing with Section 25200) of Division 15 of the Public Resources Code is amended to read: CHAPTER 3. State Energy Resources Conservation and Development CommissionSEC. 7. Section 25200 of the Public Resources Code is amended to read:25200. (a) There is in the Resources Agency the State Energy Resources Conservation and Development Commission, consisting of five members appointed by the Governor subject to Section 25204.(b) The Energy Commission shall succeed to, and is vested with, all the duties, powers, purposes, responsibilities, property, and jurisdiction previously vested in the State Energy Resources Conservation and Development Commission.(c) Whenever the term State Energy Resources Conservation and Development Commission appears in a law, the term means the Energy Commission.(d) No existing supplies, forms, insignias, signs, logos, uniforms, or emblems shall be destroyed or changed as a result of changing the name of the State Energy Resources Conservation and Development Commission to the Energy Commission, and those materials shall continue to be used until exhausted or unserviceable.SEC. 8. Section 26205.5 of the Public Resources Code is amended to read:26205.5. (a) Of the moneys provided to the Job Creation Fund for purposes of paragraph (1) of subdivision (a) of Section 26205, the available remaining funds, which are the funds allocated to a local educational agency that has not submitted an energy expenditure plan, as determined by the Energy Commission as of March 1, 2018, shall be appropriated as follows:(1) The first seventy-five million dollars ($75,000,000) shall be provided to school districts, county offices of education, and joint power authorities currently operating home-to-school transportation programs on behalf of local educational agencies for grants or loans for schoolbus retrofit or replacement through a program administered by the Energy Commission, in consultation with the State Air Resources Board.(A) Priority shall be given to school districts, county offices of education, and joint power authorities currently operating home-to-school transportation programs on behalf of local educational agencies operating the oldest schoolbuses or schoolbuses operating in disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code, as determined by the State Air Resources Board, and to school districts, county offices of education, or joint power authorities currently operating home-to-school transportation programs on behalf of local educational agencies with a majority of students pupils eligible for free or reduced-price meals in the prior year.(B) Any schoolbuses that have been replaced pursuant to this paragraph shall be scrapped.(C) A local air district may administer funding provided pursuant to this paragraph, if authorized by the Energy Commission.(2) The next one hundred million dollars ($100,000,000) shall be deposited into the Education Subaccount, created pursuant to Section 26227, for the purpose of low-interest and no-interest revolving loans and loan loss reserves for eligible projects and technical assistance on a competitive basis. Priority shall be given to local educational agencies based on the percentage of students pupils eligible for free or reduced-price meals in the prior year, energy savings, geographic diversity, and diversity in the size of the local educational agencies student pupil populations. If a local educational agency has a project eligible for a loan under this paragraph, the maximum loan amount for the project shall be the project cost reduced by both of the following, as applicable:(A) The amount of any grant awarded for the project pursuant to paragraph (3).(B) Any state, federal, or local incentives that have been provided for the project.(3) (A) (i) The remaining moneys, if any, shall be provided to local educational agencies in accordance with subdivision (b) of Section 26227.2, as implemented by the Energy Commission, in consultation with the State Department of Education, as follows:(I) Ten percent shall be for local educational agencies with an average daily attendance of not more than 1,000.(II) Ten percent shall be for local educational agencies with an average daily attendance of more than 1,000 and not more than 2,000.(III) Eighty percent shall be for local educational agencies with an average daily attendance of more than 2,000.(ii) The Energy Commission may adjust the funding allocations specified in clause (i) and may add additional categories based on average daily attendance to further the purposes of Section 26227.2.(B) The Energy Commission shall facilitate local educational agency pursuit of funding under this paragraph and from the State Energy Conservation Assistance Account through coordinated information, documentation, and review processes regarding the project.(C) For purposes of this paragraph, average daily attendance shall be those numbers as reported in the prior year, as determined by the State Department of Education.(b) A local educational agency that receives moneys pursuant to this section shall encumber those moneys within nine months of allocation.(c) For purposes of this section, the following definitions apply:(1)Energy Commission means the State Energy Resources Conservation and Development Commission.(2)Local local educational agency means a school district, county office of education, charter school, or state special school.SEC. 9. Section 26225 of the Public Resources Code is amended to read:26225. For the purposes of this chapter, the following terms have the following meanings:(a) Chancellor means the Chancellor of the California Community Colleges.(b)Energy Commission means the State Energy Resources Conservation and Development Commission.(c)(b) Local education agency, local educational agency, or LEA means a school district, county office of education, charter school, or state special school.(d)(c) Job Creation Fund means the Clean Energy Job Creation Fund established in Section 26205.SEC. 10. Section 20 of the Public Utilities Code is amended to read:20. (a)Commission means the Public Utilities Commission created by Section 1 of Article XII of the California Constitution, and commissioner means a member of the commission.(b)Energy Commission means the State Energy Resources Conservation and Development Commission.
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4040 The people of the State of California do enact as follows:
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4242 ## The people of the State of California do enact as follows:
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4444 SECTION 1. Section 32208 of the Financial Code is repealed.32208.Energy Commission means the State Energy Resources Conservation and Development Commission.
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4646 SECTION 1. Section 32208 of the Financial Code is repealed.
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4848 ### SECTION 1.
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5050 32208.Energy Commission means the State Energy Resources Conservation and Development Commission.
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5454 Energy Commission means the State Energy Resources Conservation and Development Commission.
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5757
5858 SEC. 2. Section 39730.7 of the Health and Safety Code is amended to read:39730.7. (a) For purposes of this section, the following terms have the following meanings:(1) Department means the Department of Food and Agriculture.(2) Commission means the Public Utilities Commission.(3)Energy commission means the State Energy Resources Conservation and Development Commission.(4)(3) Strategy means the strategy to reduce short-lived climate pollutants developed pursuant to Section 39730.(b) (1) The state board, in consultation with the department, shall adopt regulations to reduce methane emissions from livestock manure management operations and dairy manure management operations, consistent with this section and the strategy, by up to 40 percent below the dairy sectors and livestock sectors 2013 levels by 2030.(2) Prior to Before adopting regulations pursuant to paragraph (1), the state board shall do all of the following:(A) Work with stakeholders to identify and address technical, market, regulatory, and other challenges and barriers to the development of dairy methane emissions reduction projects. The group of stakeholders shall include a broad range of stakeholders involved in the development of dairy methane reduction projects, including, but not limited to, project developers, dairy and livestock industry representatives, state and local permitting agencies, energy agency representatives, compost producers with experience composting dairy manure, environmental and conservation stakeholders, public health experts, and others with demonstrated expertise relevant to the success of dairy methane emissions reduction efforts.(B) Provide a forum for public engagement by holding at least three public meetings in geographically diverse locations throughout the state where dairy operations and livestock operations are present.(C) In consultation with the department, do both of the following:(i) Conduct or consider livestock and dairy operation research on dairy methane emissions reduction projects, including, but not limited to, scrape manure management systems, solids separation systems, and enteric fermentation.(ii) Consider developing and adopting methane emissions reduction protocols.(3) The state board shall make available to the public by posting on its Internet Web site internet website a report on the progress made in implementing paragraph (2). Pursuant to Section 9795 of the Government Code, the state board shall notify the Legislature of the report.(4) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the regulations adopted pursuant to paragraph (1) shall be implemented on or after January 1, 2024, if the state board, in consultation with the department, determines all of the following:(A) The regulations are technologically feasible.(B) The regulations are economically feasible considering milk and live cattle prices and the commitment of state, federal, and private funding, among other things, and that markets exist for the products generated by dairy manure management and livestock manure management methane emissions reduction projects, including composting, biomethane, and other products. The analysis shall include consideration of both of the following:(i) Electrical interconnection of onsite electrical generation facilities using biomethane.(ii) Access to common carrier pipelines available for the injection of digester biomethane.(C) The regulations are cost effective.(D) The regulations include provisions to minimize and mitigate potential leakage to other states or countries, as appropriate.(E) The regulations include an evaluation of the achievements made by incentive-based programs.(c) No later than July 1, 2020, the state board, in consultation with the department, shall analyze the progress the dairy and livestock sectors have made in achieving the goals identified in the strategy and specified in paragraph (1) of subdivision (b). The analysis shall determine if sufficient progress has been made to overcome technical and market barriers, as identified in the strategy. If the analysis determines that progress has not been made in meeting the targets due to insufficient funding or technical or market barriers, the state board, in consultation with the department and upon consultation with stakeholders, may reduce the goal in the strategy for the dairy and livestock sectors, as identified pursuant to paragraph (1) of subdivision (b).(d) (1) (A) No later than January 1, 2018, the state board, in consultation with the commission and the energy commission, Energy Commission, shall establish energy infrastructure development and procurement policies needed to encourage dairy biomethane projects to meet the goal identified pursuant to paragraph (1) of subdivision (b).(B) The state board shall develop a pilot financial mechanism to reduce the economic uncertainty associated with the value of environmental credits, including credits pursuant to the Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations) from dairy-related projects producing low-carbon transportation fuels. The state board shall make recommendations to the Legislature for expanding this mechanism to other sources of biogas.(2) No later than January 1, 2018, the commission, in consultation with the state board and the department, shall direct gas corporations to implement not less than five dairy biomethane pilot projects to demonstrate interconnection to the common carrier pipeline system. For the purposes of these pilot projects, gas corporations may recover in rates the reasonable cost of pipeline infrastructure developed pursuant to the pilot projects.(e) No later than January 1, 2018, the state board shall provide guidance on credits generated pursuant to the Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations) and the market-based compliance mechanism developed pursuant to Part 5 (commencing with Section 38570) of Division 25.5 from the methane reduction protocols described in the strategy and shall ensure that projects developed before the implementation of regulations adopted pursuant to subdivision (b) receive credit for at least 10 years. Projects shall be eligible for an extension of credits after the first 10 years to the extent allowed by regulations adopted pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)).(f) Enteric emissions reductions shall be achieved only through incentive-based mechanisms until the state board, in consultation with the department, determines that a cost-effective, considering the impact on animal productivity, and scientifically proven method of reducing enteric emissions is available and that adoption of the enteric emissions reduction method would not damage animal health, public health, or consumer acceptance. Voluntary enteric emissions reductions may be used toward satisfying the goals of this chapter.(g) Except as provided in this section, the state board shall not adopt methane emissions reduction regulations controlling the emissions of methane from dairy operations or livestock operations to achieve the 2020 and 2030 greenhouse gas emissions reduction goals established pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)).(h) This section does not limit the authority of the state board to acquire planning and baseline information, including requiring the monitoring and reporting of emissions.(i) This section does not in any way affect the state boards or districts authority to regulate emissions of criteria pollutants, toxic air contaminants, or other pollutants pursuant to other provisions of this division.
5959
6060 SEC. 2. Section 39730.7 of the Health and Safety Code is amended to read:
6161
6262 ### SEC. 2.
6363
6464 39730.7. (a) For purposes of this section, the following terms have the following meanings:(1) Department means the Department of Food and Agriculture.(2) Commission means the Public Utilities Commission.(3)Energy commission means the State Energy Resources Conservation and Development Commission.(4)(3) Strategy means the strategy to reduce short-lived climate pollutants developed pursuant to Section 39730.(b) (1) The state board, in consultation with the department, shall adopt regulations to reduce methane emissions from livestock manure management operations and dairy manure management operations, consistent with this section and the strategy, by up to 40 percent below the dairy sectors and livestock sectors 2013 levels by 2030.(2) Prior to Before adopting regulations pursuant to paragraph (1), the state board shall do all of the following:(A) Work with stakeholders to identify and address technical, market, regulatory, and other challenges and barriers to the development of dairy methane emissions reduction projects. The group of stakeholders shall include a broad range of stakeholders involved in the development of dairy methane reduction projects, including, but not limited to, project developers, dairy and livestock industry representatives, state and local permitting agencies, energy agency representatives, compost producers with experience composting dairy manure, environmental and conservation stakeholders, public health experts, and others with demonstrated expertise relevant to the success of dairy methane emissions reduction efforts.(B) Provide a forum for public engagement by holding at least three public meetings in geographically diverse locations throughout the state where dairy operations and livestock operations are present.(C) In consultation with the department, do both of the following:(i) Conduct or consider livestock and dairy operation research on dairy methane emissions reduction projects, including, but not limited to, scrape manure management systems, solids separation systems, and enteric fermentation.(ii) Consider developing and adopting methane emissions reduction protocols.(3) The state board shall make available to the public by posting on its Internet Web site internet website a report on the progress made in implementing paragraph (2). Pursuant to Section 9795 of the Government Code, the state board shall notify the Legislature of the report.(4) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the regulations adopted pursuant to paragraph (1) shall be implemented on or after January 1, 2024, if the state board, in consultation with the department, determines all of the following:(A) The regulations are technologically feasible.(B) The regulations are economically feasible considering milk and live cattle prices and the commitment of state, federal, and private funding, among other things, and that markets exist for the products generated by dairy manure management and livestock manure management methane emissions reduction projects, including composting, biomethane, and other products. The analysis shall include consideration of both of the following:(i) Electrical interconnection of onsite electrical generation facilities using biomethane.(ii) Access to common carrier pipelines available for the injection of digester biomethane.(C) The regulations are cost effective.(D) The regulations include provisions to minimize and mitigate potential leakage to other states or countries, as appropriate.(E) The regulations include an evaluation of the achievements made by incentive-based programs.(c) No later than July 1, 2020, the state board, in consultation with the department, shall analyze the progress the dairy and livestock sectors have made in achieving the goals identified in the strategy and specified in paragraph (1) of subdivision (b). The analysis shall determine if sufficient progress has been made to overcome technical and market barriers, as identified in the strategy. If the analysis determines that progress has not been made in meeting the targets due to insufficient funding or technical or market barriers, the state board, in consultation with the department and upon consultation with stakeholders, may reduce the goal in the strategy for the dairy and livestock sectors, as identified pursuant to paragraph (1) of subdivision (b).(d) (1) (A) No later than January 1, 2018, the state board, in consultation with the commission and the energy commission, Energy Commission, shall establish energy infrastructure development and procurement policies needed to encourage dairy biomethane projects to meet the goal identified pursuant to paragraph (1) of subdivision (b).(B) The state board shall develop a pilot financial mechanism to reduce the economic uncertainty associated with the value of environmental credits, including credits pursuant to the Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations) from dairy-related projects producing low-carbon transportation fuels. The state board shall make recommendations to the Legislature for expanding this mechanism to other sources of biogas.(2) No later than January 1, 2018, the commission, in consultation with the state board and the department, shall direct gas corporations to implement not less than five dairy biomethane pilot projects to demonstrate interconnection to the common carrier pipeline system. For the purposes of these pilot projects, gas corporations may recover in rates the reasonable cost of pipeline infrastructure developed pursuant to the pilot projects.(e) No later than January 1, 2018, the state board shall provide guidance on credits generated pursuant to the Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations) and the market-based compliance mechanism developed pursuant to Part 5 (commencing with Section 38570) of Division 25.5 from the methane reduction protocols described in the strategy and shall ensure that projects developed before the implementation of regulations adopted pursuant to subdivision (b) receive credit for at least 10 years. Projects shall be eligible for an extension of credits after the first 10 years to the extent allowed by regulations adopted pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)).(f) Enteric emissions reductions shall be achieved only through incentive-based mechanisms until the state board, in consultation with the department, determines that a cost-effective, considering the impact on animal productivity, and scientifically proven method of reducing enteric emissions is available and that adoption of the enteric emissions reduction method would not damage animal health, public health, or consumer acceptance. Voluntary enteric emissions reductions may be used toward satisfying the goals of this chapter.(g) Except as provided in this section, the state board shall not adopt methane emissions reduction regulations controlling the emissions of methane from dairy operations or livestock operations to achieve the 2020 and 2030 greenhouse gas emissions reduction goals established pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)).(h) This section does not limit the authority of the state board to acquire planning and baseline information, including requiring the monitoring and reporting of emissions.(i) This section does not in any way affect the state boards or districts authority to regulate emissions of criteria pollutants, toxic air contaminants, or other pollutants pursuant to other provisions of this division.
6565
6666 39730.7. (a) For purposes of this section, the following terms have the following meanings:(1) Department means the Department of Food and Agriculture.(2) Commission means the Public Utilities Commission.(3)Energy commission means the State Energy Resources Conservation and Development Commission.(4)(3) Strategy means the strategy to reduce short-lived climate pollutants developed pursuant to Section 39730.(b) (1) The state board, in consultation with the department, shall adopt regulations to reduce methane emissions from livestock manure management operations and dairy manure management operations, consistent with this section and the strategy, by up to 40 percent below the dairy sectors and livestock sectors 2013 levels by 2030.(2) Prior to Before adopting regulations pursuant to paragraph (1), the state board shall do all of the following:(A) Work with stakeholders to identify and address technical, market, regulatory, and other challenges and barriers to the development of dairy methane emissions reduction projects. The group of stakeholders shall include a broad range of stakeholders involved in the development of dairy methane reduction projects, including, but not limited to, project developers, dairy and livestock industry representatives, state and local permitting agencies, energy agency representatives, compost producers with experience composting dairy manure, environmental and conservation stakeholders, public health experts, and others with demonstrated expertise relevant to the success of dairy methane emissions reduction efforts.(B) Provide a forum for public engagement by holding at least three public meetings in geographically diverse locations throughout the state where dairy operations and livestock operations are present.(C) In consultation with the department, do both of the following:(i) Conduct or consider livestock and dairy operation research on dairy methane emissions reduction projects, including, but not limited to, scrape manure management systems, solids separation systems, and enteric fermentation.(ii) Consider developing and adopting methane emissions reduction protocols.(3) The state board shall make available to the public by posting on its Internet Web site internet website a report on the progress made in implementing paragraph (2). Pursuant to Section 9795 of the Government Code, the state board shall notify the Legislature of the report.(4) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the regulations adopted pursuant to paragraph (1) shall be implemented on or after January 1, 2024, if the state board, in consultation with the department, determines all of the following:(A) The regulations are technologically feasible.(B) The regulations are economically feasible considering milk and live cattle prices and the commitment of state, federal, and private funding, among other things, and that markets exist for the products generated by dairy manure management and livestock manure management methane emissions reduction projects, including composting, biomethane, and other products. The analysis shall include consideration of both of the following:(i) Electrical interconnection of onsite electrical generation facilities using biomethane.(ii) Access to common carrier pipelines available for the injection of digester biomethane.(C) The regulations are cost effective.(D) The regulations include provisions to minimize and mitigate potential leakage to other states or countries, as appropriate.(E) The regulations include an evaluation of the achievements made by incentive-based programs.(c) No later than July 1, 2020, the state board, in consultation with the department, shall analyze the progress the dairy and livestock sectors have made in achieving the goals identified in the strategy and specified in paragraph (1) of subdivision (b). The analysis shall determine if sufficient progress has been made to overcome technical and market barriers, as identified in the strategy. If the analysis determines that progress has not been made in meeting the targets due to insufficient funding or technical or market barriers, the state board, in consultation with the department and upon consultation with stakeholders, may reduce the goal in the strategy for the dairy and livestock sectors, as identified pursuant to paragraph (1) of subdivision (b).(d) (1) (A) No later than January 1, 2018, the state board, in consultation with the commission and the energy commission, Energy Commission, shall establish energy infrastructure development and procurement policies needed to encourage dairy biomethane projects to meet the goal identified pursuant to paragraph (1) of subdivision (b).(B) The state board shall develop a pilot financial mechanism to reduce the economic uncertainty associated with the value of environmental credits, including credits pursuant to the Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations) from dairy-related projects producing low-carbon transportation fuels. The state board shall make recommendations to the Legislature for expanding this mechanism to other sources of biogas.(2) No later than January 1, 2018, the commission, in consultation with the state board and the department, shall direct gas corporations to implement not less than five dairy biomethane pilot projects to demonstrate interconnection to the common carrier pipeline system. For the purposes of these pilot projects, gas corporations may recover in rates the reasonable cost of pipeline infrastructure developed pursuant to the pilot projects.(e) No later than January 1, 2018, the state board shall provide guidance on credits generated pursuant to the Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations) and the market-based compliance mechanism developed pursuant to Part 5 (commencing with Section 38570) of Division 25.5 from the methane reduction protocols described in the strategy and shall ensure that projects developed before the implementation of regulations adopted pursuant to subdivision (b) receive credit for at least 10 years. Projects shall be eligible for an extension of credits after the first 10 years to the extent allowed by regulations adopted pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)).(f) Enteric emissions reductions shall be achieved only through incentive-based mechanisms until the state board, in consultation with the department, determines that a cost-effective, considering the impact on animal productivity, and scientifically proven method of reducing enteric emissions is available and that adoption of the enteric emissions reduction method would not damage animal health, public health, or consumer acceptance. Voluntary enteric emissions reductions may be used toward satisfying the goals of this chapter.(g) Except as provided in this section, the state board shall not adopt methane emissions reduction regulations controlling the emissions of methane from dairy operations or livestock operations to achieve the 2020 and 2030 greenhouse gas emissions reduction goals established pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)).(h) This section does not limit the authority of the state board to acquire planning and baseline information, including requiring the monitoring and reporting of emissions.(i) This section does not in any way affect the state boards or districts authority to regulate emissions of criteria pollutants, toxic air contaminants, or other pollutants pursuant to other provisions of this division.
6767
6868 39730.7. (a) For purposes of this section, the following terms have the following meanings:(1) Department means the Department of Food and Agriculture.(2) Commission means the Public Utilities Commission.(3)Energy commission means the State Energy Resources Conservation and Development Commission.(4)(3) Strategy means the strategy to reduce short-lived climate pollutants developed pursuant to Section 39730.(b) (1) The state board, in consultation with the department, shall adopt regulations to reduce methane emissions from livestock manure management operations and dairy manure management operations, consistent with this section and the strategy, by up to 40 percent below the dairy sectors and livestock sectors 2013 levels by 2030.(2) Prior to Before adopting regulations pursuant to paragraph (1), the state board shall do all of the following:(A) Work with stakeholders to identify and address technical, market, regulatory, and other challenges and barriers to the development of dairy methane emissions reduction projects. The group of stakeholders shall include a broad range of stakeholders involved in the development of dairy methane reduction projects, including, but not limited to, project developers, dairy and livestock industry representatives, state and local permitting agencies, energy agency representatives, compost producers with experience composting dairy manure, environmental and conservation stakeholders, public health experts, and others with demonstrated expertise relevant to the success of dairy methane emissions reduction efforts.(B) Provide a forum for public engagement by holding at least three public meetings in geographically diverse locations throughout the state where dairy operations and livestock operations are present.(C) In consultation with the department, do both of the following:(i) Conduct or consider livestock and dairy operation research on dairy methane emissions reduction projects, including, but not limited to, scrape manure management systems, solids separation systems, and enteric fermentation.(ii) Consider developing and adopting methane emissions reduction protocols.(3) The state board shall make available to the public by posting on its Internet Web site internet website a report on the progress made in implementing paragraph (2). Pursuant to Section 9795 of the Government Code, the state board shall notify the Legislature of the report.(4) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the regulations adopted pursuant to paragraph (1) shall be implemented on or after January 1, 2024, if the state board, in consultation with the department, determines all of the following:(A) The regulations are technologically feasible.(B) The regulations are economically feasible considering milk and live cattle prices and the commitment of state, federal, and private funding, among other things, and that markets exist for the products generated by dairy manure management and livestock manure management methane emissions reduction projects, including composting, biomethane, and other products. The analysis shall include consideration of both of the following:(i) Electrical interconnection of onsite electrical generation facilities using biomethane.(ii) Access to common carrier pipelines available for the injection of digester biomethane.(C) The regulations are cost effective.(D) The regulations include provisions to minimize and mitigate potential leakage to other states or countries, as appropriate.(E) The regulations include an evaluation of the achievements made by incentive-based programs.(c) No later than July 1, 2020, the state board, in consultation with the department, shall analyze the progress the dairy and livestock sectors have made in achieving the goals identified in the strategy and specified in paragraph (1) of subdivision (b). The analysis shall determine if sufficient progress has been made to overcome technical and market barriers, as identified in the strategy. If the analysis determines that progress has not been made in meeting the targets due to insufficient funding or technical or market barriers, the state board, in consultation with the department and upon consultation with stakeholders, may reduce the goal in the strategy for the dairy and livestock sectors, as identified pursuant to paragraph (1) of subdivision (b).(d) (1) (A) No later than January 1, 2018, the state board, in consultation with the commission and the energy commission, Energy Commission, shall establish energy infrastructure development and procurement policies needed to encourage dairy biomethane projects to meet the goal identified pursuant to paragraph (1) of subdivision (b).(B) The state board shall develop a pilot financial mechanism to reduce the economic uncertainty associated with the value of environmental credits, including credits pursuant to the Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations) from dairy-related projects producing low-carbon transportation fuels. The state board shall make recommendations to the Legislature for expanding this mechanism to other sources of biogas.(2) No later than January 1, 2018, the commission, in consultation with the state board and the department, shall direct gas corporations to implement not less than five dairy biomethane pilot projects to demonstrate interconnection to the common carrier pipeline system. For the purposes of these pilot projects, gas corporations may recover in rates the reasonable cost of pipeline infrastructure developed pursuant to the pilot projects.(e) No later than January 1, 2018, the state board shall provide guidance on credits generated pursuant to the Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations) and the market-based compliance mechanism developed pursuant to Part 5 (commencing with Section 38570) of Division 25.5 from the methane reduction protocols described in the strategy and shall ensure that projects developed before the implementation of regulations adopted pursuant to subdivision (b) receive credit for at least 10 years. Projects shall be eligible for an extension of credits after the first 10 years to the extent allowed by regulations adopted pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)).(f) Enteric emissions reductions shall be achieved only through incentive-based mechanisms until the state board, in consultation with the department, determines that a cost-effective, considering the impact on animal productivity, and scientifically proven method of reducing enteric emissions is available and that adoption of the enteric emissions reduction method would not damage animal health, public health, or consumer acceptance. Voluntary enteric emissions reductions may be used toward satisfying the goals of this chapter.(g) Except as provided in this section, the state board shall not adopt methane emissions reduction regulations controlling the emissions of methane from dairy operations or livestock operations to achieve the 2020 and 2030 greenhouse gas emissions reduction goals established pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)).(h) This section does not limit the authority of the state board to acquire planning and baseline information, including requiring the monitoring and reporting of emissions.(i) This section does not in any way affect the state boards or districts authority to regulate emissions of criteria pollutants, toxic air contaminants, or other pollutants pursuant to other provisions of this division.
6969
7070
7171
7272 39730.7. (a) For purposes of this section, the following terms have the following meanings:
7373
7474 (1) Department means the Department of Food and Agriculture.
7575
7676 (2) Commission means the Public Utilities Commission.
7777
7878 (3)Energy commission means the State Energy Resources Conservation and Development Commission.
7979
8080
8181
8282 (4)
8383
8484
8585
8686 (3) Strategy means the strategy to reduce short-lived climate pollutants developed pursuant to Section 39730.
8787
8888 (b) (1) The state board, in consultation with the department, shall adopt regulations to reduce methane emissions from livestock manure management operations and dairy manure management operations, consistent with this section and the strategy, by up to 40 percent below the dairy sectors and livestock sectors 2013 levels by 2030.
8989
9090 (2) Prior to Before adopting regulations pursuant to paragraph (1), the state board shall do all of the following:
9191
9292 (A) Work with stakeholders to identify and address technical, market, regulatory, and other challenges and barriers to the development of dairy methane emissions reduction projects. The group of stakeholders shall include a broad range of stakeholders involved in the development of dairy methane reduction projects, including, but not limited to, project developers, dairy and livestock industry representatives, state and local permitting agencies, energy agency representatives, compost producers with experience composting dairy manure, environmental and conservation stakeholders, public health experts, and others with demonstrated expertise relevant to the success of dairy methane emissions reduction efforts.
9393
9494 (B) Provide a forum for public engagement by holding at least three public meetings in geographically diverse locations throughout the state where dairy operations and livestock operations are present.
9595
9696 (C) In consultation with the department, do both of the following:
9797
9898 (i) Conduct or consider livestock and dairy operation research on dairy methane emissions reduction projects, including, but not limited to, scrape manure management systems, solids separation systems, and enteric fermentation.
9999
100100 (ii) Consider developing and adopting methane emissions reduction protocols.
101101
102102 (3) The state board shall make available to the public by posting on its Internet Web site internet website a report on the progress made in implementing paragraph (2). Pursuant to Section 9795 of the Government Code, the state board shall notify the Legislature of the report.
103103
104104 (4) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the regulations adopted pursuant to paragraph (1) shall be implemented on or after January 1, 2024, if the state board, in consultation with the department, determines all of the following:
105105
106106 (A) The regulations are technologically feasible.
107107
108108 (B) The regulations are economically feasible considering milk and live cattle prices and the commitment of state, federal, and private funding, among other things, and that markets exist for the products generated by dairy manure management and livestock manure management methane emissions reduction projects, including composting, biomethane, and other products. The analysis shall include consideration of both of the following:
109109
110110 (i) Electrical interconnection of onsite electrical generation facilities using biomethane.
111111
112112 (ii) Access to common carrier pipelines available for the injection of digester biomethane.
113113
114114 (C) The regulations are cost effective.
115115
116116 (D) The regulations include provisions to minimize and mitigate potential leakage to other states or countries, as appropriate.
117117
118118 (E) The regulations include an evaluation of the achievements made by incentive-based programs.
119119
120120 (c) No later than July 1, 2020, the state board, in consultation with the department, shall analyze the progress the dairy and livestock sectors have made in achieving the goals identified in the strategy and specified in paragraph (1) of subdivision (b). The analysis shall determine if sufficient progress has been made to overcome technical and market barriers, as identified in the strategy. If the analysis determines that progress has not been made in meeting the targets due to insufficient funding or technical or market barriers, the state board, in consultation with the department and upon consultation with stakeholders, may reduce the goal in the strategy for the dairy and livestock sectors, as identified pursuant to paragraph (1) of subdivision (b).
121121
122122 (d) (1) (A) No later than January 1, 2018, the state board, in consultation with the commission and the energy commission, Energy Commission, shall establish energy infrastructure development and procurement policies needed to encourage dairy biomethane projects to meet the goal identified pursuant to paragraph (1) of subdivision (b).
123123
124124 (B) The state board shall develop a pilot financial mechanism to reduce the economic uncertainty associated with the value of environmental credits, including credits pursuant to the Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations) from dairy-related projects producing low-carbon transportation fuels. The state board shall make recommendations to the Legislature for expanding this mechanism to other sources of biogas.
125125
126126 (2) No later than January 1, 2018, the commission, in consultation with the state board and the department, shall direct gas corporations to implement not less than five dairy biomethane pilot projects to demonstrate interconnection to the common carrier pipeline system. For the purposes of these pilot projects, gas corporations may recover in rates the reasonable cost of pipeline infrastructure developed pursuant to the pilot projects.
127127
128128 (e) No later than January 1, 2018, the state board shall provide guidance on credits generated pursuant to the Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations) and the market-based compliance mechanism developed pursuant to Part 5 (commencing with Section 38570) of Division 25.5 from the methane reduction protocols described in the strategy and shall ensure that projects developed before the implementation of regulations adopted pursuant to subdivision (b) receive credit for at least 10 years. Projects shall be eligible for an extension of credits after the first 10 years to the extent allowed by regulations adopted pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)).
129129
130130 (f) Enteric emissions reductions shall be achieved only through incentive-based mechanisms until the state board, in consultation with the department, determines that a cost-effective, considering the impact on animal productivity, and scientifically proven method of reducing enteric emissions is available and that adoption of the enteric emissions reduction method would not damage animal health, public health, or consumer acceptance. Voluntary enteric emissions reductions may be used toward satisfying the goals of this chapter.
131131
132132 (g) Except as provided in this section, the state board shall not adopt methane emissions reduction regulations controlling the emissions of methane from dairy operations or livestock operations to achieve the 2020 and 2030 greenhouse gas emissions reduction goals established pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)).
133133
134134 (h) This section does not limit the authority of the state board to acquire planning and baseline information, including requiring the monitoring and reporting of emissions.
135135
136136 (i) This section does not in any way affect the state boards or districts authority to regulate emissions of criteria pollutants, toxic air contaminants, or other pollutants pursuant to other provisions of this division.
137137
138138 SEC. 3. Section 39730.8 of the Health and Safety Code is amended to read:39730.8. (a) For purposes of this section, the following terms have the following meanings:(1) Commission means the Public Utilities Commission.(2)Energy commission means the State Energy Resources Conservation and Development Commission.(3)(2) Strategy means the strategy to reduce short-lived climate pollutants developed pursuant to Section 39730.(b) The energy commission, Energy Commission, in consultation with the state board and the commission, shall develop recommendations for the development and use of renewable gas, including biomethane and biogas, as a part of its 2017 Integrated Energy Policy Report prepared pursuant to Section 25302 of the Public Resources Code. In developing the recommendations, the energy commission Energy Commission, shall identify cost-effective strategies that are consistent with existing state policies and climate change goals by considering priority end uses of renewable gas, including biomethane and biogas, and their interactions with state policies, including biomethane and all of the following:(1) The Renewables Portfolio Standard program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code).(2) The Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations).(3) Waste diversion goals established pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code.(4) The market-based compliance mechanism developed pursuant to Part 5 (commencing with Section 38570) of Division 25.5.(5) The strategy.(c) Based on the recommendations developed pursuant to subdivision (b), and to meet the states climate change, renewable energy, low-carbon fuel, and short-lived climate pollutants goals, including black carbon, landfill diversion, and dairy methane targets identified in the strategy, state agencies shall consider and, as appropriate, adopt policies and incentives to significantly increase the sustainable production and use of renewable gas, including biomethane and biogas.(d) Based on the recommendations developed pursuant to subdivision (b), the commission, in consultation with the energy commission Energy Commission and the state board, shall consider additional policies to support the development and use in the state of renewable gas, including biomethane and biogas, that reduce short-lived climate pollutants in the state.(e) In implementing this section, priority shall be given to fuels with the greatest greenhouse gas emissions benefits, including the consideration of carbon intensity and reduction in short-lived climate pollutants, as appropriate.
139139
140140 SEC. 3. Section 39730.8 of the Health and Safety Code is amended to read:
141141
142142 ### SEC. 3.
143143
144144 39730.8. (a) For purposes of this section, the following terms have the following meanings:(1) Commission means the Public Utilities Commission.(2)Energy commission means the State Energy Resources Conservation and Development Commission.(3)(2) Strategy means the strategy to reduce short-lived climate pollutants developed pursuant to Section 39730.(b) The energy commission, Energy Commission, in consultation with the state board and the commission, shall develop recommendations for the development and use of renewable gas, including biomethane and biogas, as a part of its 2017 Integrated Energy Policy Report prepared pursuant to Section 25302 of the Public Resources Code. In developing the recommendations, the energy commission Energy Commission, shall identify cost-effective strategies that are consistent with existing state policies and climate change goals by considering priority end uses of renewable gas, including biomethane and biogas, and their interactions with state policies, including biomethane and all of the following:(1) The Renewables Portfolio Standard program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code).(2) The Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations).(3) Waste diversion goals established pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code.(4) The market-based compliance mechanism developed pursuant to Part 5 (commencing with Section 38570) of Division 25.5.(5) The strategy.(c) Based on the recommendations developed pursuant to subdivision (b), and to meet the states climate change, renewable energy, low-carbon fuel, and short-lived climate pollutants goals, including black carbon, landfill diversion, and dairy methane targets identified in the strategy, state agencies shall consider and, as appropriate, adopt policies and incentives to significantly increase the sustainable production and use of renewable gas, including biomethane and biogas.(d) Based on the recommendations developed pursuant to subdivision (b), the commission, in consultation with the energy commission Energy Commission and the state board, shall consider additional policies to support the development and use in the state of renewable gas, including biomethane and biogas, that reduce short-lived climate pollutants in the state.(e) In implementing this section, priority shall be given to fuels with the greatest greenhouse gas emissions benefits, including the consideration of carbon intensity and reduction in short-lived climate pollutants, as appropriate.
145145
146146 39730.8. (a) For purposes of this section, the following terms have the following meanings:(1) Commission means the Public Utilities Commission.(2)Energy commission means the State Energy Resources Conservation and Development Commission.(3)(2) Strategy means the strategy to reduce short-lived climate pollutants developed pursuant to Section 39730.(b) The energy commission, Energy Commission, in consultation with the state board and the commission, shall develop recommendations for the development and use of renewable gas, including biomethane and biogas, as a part of its 2017 Integrated Energy Policy Report prepared pursuant to Section 25302 of the Public Resources Code. In developing the recommendations, the energy commission Energy Commission, shall identify cost-effective strategies that are consistent with existing state policies and climate change goals by considering priority end uses of renewable gas, including biomethane and biogas, and their interactions with state policies, including biomethane and all of the following:(1) The Renewables Portfolio Standard program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code).(2) The Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations).(3) Waste diversion goals established pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code.(4) The market-based compliance mechanism developed pursuant to Part 5 (commencing with Section 38570) of Division 25.5.(5) The strategy.(c) Based on the recommendations developed pursuant to subdivision (b), and to meet the states climate change, renewable energy, low-carbon fuel, and short-lived climate pollutants goals, including black carbon, landfill diversion, and dairy methane targets identified in the strategy, state agencies shall consider and, as appropriate, adopt policies and incentives to significantly increase the sustainable production and use of renewable gas, including biomethane and biogas.(d) Based on the recommendations developed pursuant to subdivision (b), the commission, in consultation with the energy commission Energy Commission and the state board, shall consider additional policies to support the development and use in the state of renewable gas, including biomethane and biogas, that reduce short-lived climate pollutants in the state.(e) In implementing this section, priority shall be given to fuels with the greatest greenhouse gas emissions benefits, including the consideration of carbon intensity and reduction in short-lived climate pollutants, as appropriate.
147147
148148 39730.8. (a) For purposes of this section, the following terms have the following meanings:(1) Commission means the Public Utilities Commission.(2)Energy commission means the State Energy Resources Conservation and Development Commission.(3)(2) Strategy means the strategy to reduce short-lived climate pollutants developed pursuant to Section 39730.(b) The energy commission, Energy Commission, in consultation with the state board and the commission, shall develop recommendations for the development and use of renewable gas, including biomethane and biogas, as a part of its 2017 Integrated Energy Policy Report prepared pursuant to Section 25302 of the Public Resources Code. In developing the recommendations, the energy commission Energy Commission, shall identify cost-effective strategies that are consistent with existing state policies and climate change goals by considering priority end uses of renewable gas, including biomethane and biogas, and their interactions with state policies, including biomethane and all of the following:(1) The Renewables Portfolio Standard program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code).(2) The Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations).(3) Waste diversion goals established pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code.(4) The market-based compliance mechanism developed pursuant to Part 5 (commencing with Section 38570) of Division 25.5.(5) The strategy.(c) Based on the recommendations developed pursuant to subdivision (b), and to meet the states climate change, renewable energy, low-carbon fuel, and short-lived climate pollutants goals, including black carbon, landfill diversion, and dairy methane targets identified in the strategy, state agencies shall consider and, as appropriate, adopt policies and incentives to significantly increase the sustainable production and use of renewable gas, including biomethane and biogas.(d) Based on the recommendations developed pursuant to subdivision (b), the commission, in consultation with the energy commission Energy Commission and the state board, shall consider additional policies to support the development and use in the state of renewable gas, including biomethane and biogas, that reduce short-lived climate pollutants in the state.(e) In implementing this section, priority shall be given to fuels with the greatest greenhouse gas emissions benefits, including the consideration of carbon intensity and reduction in short-lived climate pollutants, as appropriate.
149149
150150
151151
152152 39730.8. (a) For purposes of this section, the following terms have the following meanings:
153153
154154 (1) Commission means the Public Utilities Commission.
155155
156156 (2)Energy commission means the State Energy Resources Conservation and Development Commission.
157157
158158
159159
160160 (3)
161161
162162
163163
164164 (2) Strategy means the strategy to reduce short-lived climate pollutants developed pursuant to Section 39730.
165165
166166 (b) The energy commission, Energy Commission, in consultation with the state board and the commission, shall develop recommendations for the development and use of renewable gas, including biomethane and biogas, as a part of its 2017 Integrated Energy Policy Report prepared pursuant to Section 25302 of the Public Resources Code. In developing the recommendations, the energy commission Energy Commission, shall identify cost-effective strategies that are consistent with existing state policies and climate change goals by considering priority end uses of renewable gas, including biomethane and biogas, and their interactions with state policies, including biomethane and all of the following:
167167
168168 (1) The Renewables Portfolio Standard program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code).
169169
170170 (2) The Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations).
171171
172172 (3) Waste diversion goals established pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code.
173173
174174 (4) The market-based compliance mechanism developed pursuant to Part 5 (commencing with Section 38570) of Division 25.5.
175175
176176 (5) The strategy.
177177
178178 (c) Based on the recommendations developed pursuant to subdivision (b), and to meet the states climate change, renewable energy, low-carbon fuel, and short-lived climate pollutants goals, including black carbon, landfill diversion, and dairy methane targets identified in the strategy, state agencies shall consider and, as appropriate, adopt policies and incentives to significantly increase the sustainable production and use of renewable gas, including biomethane and biogas.
179179
180180 (d) Based on the recommendations developed pursuant to subdivision (b), the commission, in consultation with the energy commission Energy Commission and the state board, shall consider additional policies to support the development and use in the state of renewable gas, including biomethane and biogas, that reduce short-lived climate pollutants in the state.
181181
182182 (e) In implementing this section, priority shall be given to fuels with the greatest greenhouse gas emissions benefits, including the consideration of carbon intensity and reduction in short-lived climate pollutants, as appropriate.
183183
184184 SEC. 4. Section 25104 of the Public Resources Code is amended to read:25104. Commission means the State Energy Resources Conservation and Development Commission.
185185
186186 SEC. 4. Section 25104 of the Public Resources Code is amended to read:
187187
188188 ### SEC. 4.
189189
190190 25104. Commission means the State Energy Resources Conservation and Development Commission.
191191
192192 25104. Commission means the State Energy Resources Conservation and Development Commission.
193193
194194 25104. Commission means the State Energy Resources Conservation and Development Commission.
195195
196196
197197
198198 25104. Commission means the State Energy Resources Conservation and Development Commission.
199199
200200 SEC. 5. Section 25112 of the Public Resources Code is amended to read:25112. Member or member of the commission means a member of the State Energy Resources Conservation and Development Commission appointed pursuant to Section 25200.
201201
202202 SEC. 5. Section 25112 of the Public Resources Code is amended to read:
203203
204204 ### SEC. 5.
205205
206206 25112. Member or member of the commission means a member of the State Energy Resources Conservation and Development Commission appointed pursuant to Section 25200.
207207
208208 25112. Member or member of the commission means a member of the State Energy Resources Conservation and Development Commission appointed pursuant to Section 25200.
209209
210210 25112. Member or member of the commission means a member of the State Energy Resources Conservation and Development Commission appointed pursuant to Section 25200.
211211
212212
213213
214214 25112. Member or member of the commission means a member of the State Energy Resources Conservation and Development Commission appointed pursuant to Section 25200.
215215
216216 SEC. 6. The heading of Chapter 3 (commencing with Section 25200) of Division 15 of the Public Resources Code is amended to read: CHAPTER 3. State Energy Resources Conservation and Development Commission
217217
218218 SEC. 6. The heading of Chapter 3 (commencing with Section 25200) of Division 15 of the Public Resources Code is amended to read:
219219
220220 ### SEC. 6.
221221
222222 CHAPTER 3. State Energy Resources Conservation and Development Commission
223223
224224 CHAPTER 3. State Energy Resources Conservation and Development Commission
225225
226226 CHAPTER 3. State Energy Resources Conservation and Development Commission
227227
228228 CHAPTER 3. State Energy Resources Conservation and Development Commission
229229
230230 SEC. 7. Section 25200 of the Public Resources Code is amended to read:25200. (a) There is in the Resources Agency the State Energy Resources Conservation and Development Commission, consisting of five members appointed by the Governor subject to Section 25204.(b) The Energy Commission shall succeed to, and is vested with, all the duties, powers, purposes, responsibilities, property, and jurisdiction previously vested in the State Energy Resources Conservation and Development Commission.(c) Whenever the term State Energy Resources Conservation and Development Commission appears in a law, the term means the Energy Commission.(d) No existing supplies, forms, insignias, signs, logos, uniforms, or emblems shall be destroyed or changed as a result of changing the name of the State Energy Resources Conservation and Development Commission to the Energy Commission, and those materials shall continue to be used until exhausted or unserviceable.
231231
232232 SEC. 7. Section 25200 of the Public Resources Code is amended to read:
233233
234234 ### SEC. 7.
235235
236236 25200. (a) There is in the Resources Agency the State Energy Resources Conservation and Development Commission, consisting of five members appointed by the Governor subject to Section 25204.(b) The Energy Commission shall succeed to, and is vested with, all the duties, powers, purposes, responsibilities, property, and jurisdiction previously vested in the State Energy Resources Conservation and Development Commission.(c) Whenever the term State Energy Resources Conservation and Development Commission appears in a law, the term means the Energy Commission.(d) No existing supplies, forms, insignias, signs, logos, uniforms, or emblems shall be destroyed or changed as a result of changing the name of the State Energy Resources Conservation and Development Commission to the Energy Commission, and those materials shall continue to be used until exhausted or unserviceable.
237237
238238 25200. (a) There is in the Resources Agency the State Energy Resources Conservation and Development Commission, consisting of five members appointed by the Governor subject to Section 25204.(b) The Energy Commission shall succeed to, and is vested with, all the duties, powers, purposes, responsibilities, property, and jurisdiction previously vested in the State Energy Resources Conservation and Development Commission.(c) Whenever the term State Energy Resources Conservation and Development Commission appears in a law, the term means the Energy Commission.(d) No existing supplies, forms, insignias, signs, logos, uniforms, or emblems shall be destroyed or changed as a result of changing the name of the State Energy Resources Conservation and Development Commission to the Energy Commission, and those materials shall continue to be used until exhausted or unserviceable.
239239
240240 25200. (a) There is in the Resources Agency the State Energy Resources Conservation and Development Commission, consisting of five members appointed by the Governor subject to Section 25204.(b) The Energy Commission shall succeed to, and is vested with, all the duties, powers, purposes, responsibilities, property, and jurisdiction previously vested in the State Energy Resources Conservation and Development Commission.(c) Whenever the term State Energy Resources Conservation and Development Commission appears in a law, the term means the Energy Commission.(d) No existing supplies, forms, insignias, signs, logos, uniforms, or emblems shall be destroyed or changed as a result of changing the name of the State Energy Resources Conservation and Development Commission to the Energy Commission, and those materials shall continue to be used until exhausted or unserviceable.
241241
242242
243243
244244 25200. (a) There is in the Resources Agency the State Energy Resources Conservation and Development Commission, consisting of five members appointed by the Governor subject to Section 25204.
245245
246246 (b) The Energy Commission shall succeed to, and is vested with, all the duties, powers, purposes, responsibilities, property, and jurisdiction previously vested in the State Energy Resources Conservation and Development Commission.
247247
248248 (c) Whenever the term State Energy Resources Conservation and Development Commission appears in a law, the term means the Energy Commission.
249249
250250 (d) No existing supplies, forms, insignias, signs, logos, uniforms, or emblems shall be destroyed or changed as a result of changing the name of the State Energy Resources Conservation and Development Commission to the Energy Commission, and those materials shall continue to be used until exhausted or unserviceable.
251251
252252 SEC. 8. Section 26205.5 of the Public Resources Code is amended to read:26205.5. (a) Of the moneys provided to the Job Creation Fund for purposes of paragraph (1) of subdivision (a) of Section 26205, the available remaining funds, which are the funds allocated to a local educational agency that has not submitted an energy expenditure plan, as determined by the Energy Commission as of March 1, 2018, shall be appropriated as follows:(1) The first seventy-five million dollars ($75,000,000) shall be provided to school districts, county offices of education, and joint power authorities currently operating home-to-school transportation programs on behalf of local educational agencies for grants or loans for schoolbus retrofit or replacement through a program administered by the Energy Commission, in consultation with the State Air Resources Board.(A) Priority shall be given to school districts, county offices of education, and joint power authorities currently operating home-to-school transportation programs on behalf of local educational agencies operating the oldest schoolbuses or schoolbuses operating in disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code, as determined by the State Air Resources Board, and to school districts, county offices of education, or joint power authorities currently operating home-to-school transportation programs on behalf of local educational agencies with a majority of students pupils eligible for free or reduced-price meals in the prior year.(B) Any schoolbuses that have been replaced pursuant to this paragraph shall be scrapped.(C) A local air district may administer funding provided pursuant to this paragraph, if authorized by the Energy Commission.(2) The next one hundred million dollars ($100,000,000) shall be deposited into the Education Subaccount, created pursuant to Section 26227, for the purpose of low-interest and no-interest revolving loans and loan loss reserves for eligible projects and technical assistance on a competitive basis. Priority shall be given to local educational agencies based on the percentage of students pupils eligible for free or reduced-price meals in the prior year, energy savings, geographic diversity, and diversity in the size of the local educational agencies student pupil populations. If a local educational agency has a project eligible for a loan under this paragraph, the maximum loan amount for the project shall be the project cost reduced by both of the following, as applicable:(A) The amount of any grant awarded for the project pursuant to paragraph (3).(B) Any state, federal, or local incentives that have been provided for the project.(3) (A) (i) The remaining moneys, if any, shall be provided to local educational agencies in accordance with subdivision (b) of Section 26227.2, as implemented by the Energy Commission, in consultation with the State Department of Education, as follows:(I) Ten percent shall be for local educational agencies with an average daily attendance of not more than 1,000.(II) Ten percent shall be for local educational agencies with an average daily attendance of more than 1,000 and not more than 2,000.(III) Eighty percent shall be for local educational agencies with an average daily attendance of more than 2,000.(ii) The Energy Commission may adjust the funding allocations specified in clause (i) and may add additional categories based on average daily attendance to further the purposes of Section 26227.2.(B) The Energy Commission shall facilitate local educational agency pursuit of funding under this paragraph and from the State Energy Conservation Assistance Account through coordinated information, documentation, and review processes regarding the project.(C) For purposes of this paragraph, average daily attendance shall be those numbers as reported in the prior year, as determined by the State Department of Education.(b) A local educational agency that receives moneys pursuant to this section shall encumber those moneys within nine months of allocation.(c) For purposes of this section, the following definitions apply:(1)Energy Commission means the State Energy Resources Conservation and Development Commission.(2)Local local educational agency means a school district, county office of education, charter school, or state special school.
253253
254254 SEC. 8. Section 26205.5 of the Public Resources Code is amended to read:
255255
256256 ### SEC. 8.
257257
258258 26205.5. (a) Of the moneys provided to the Job Creation Fund for purposes of paragraph (1) of subdivision (a) of Section 26205, the available remaining funds, which are the funds allocated to a local educational agency that has not submitted an energy expenditure plan, as determined by the Energy Commission as of March 1, 2018, shall be appropriated as follows:(1) The first seventy-five million dollars ($75,000,000) shall be provided to school districts, county offices of education, and joint power authorities currently operating home-to-school transportation programs on behalf of local educational agencies for grants or loans for schoolbus retrofit or replacement through a program administered by the Energy Commission, in consultation with the State Air Resources Board.(A) Priority shall be given to school districts, county offices of education, and joint power authorities currently operating home-to-school transportation programs on behalf of local educational agencies operating the oldest schoolbuses or schoolbuses operating in disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code, as determined by the State Air Resources Board, and to school districts, county offices of education, or joint power authorities currently operating home-to-school transportation programs on behalf of local educational agencies with a majority of students pupils eligible for free or reduced-price meals in the prior year.(B) Any schoolbuses that have been replaced pursuant to this paragraph shall be scrapped.(C) A local air district may administer funding provided pursuant to this paragraph, if authorized by the Energy Commission.(2) The next one hundred million dollars ($100,000,000) shall be deposited into the Education Subaccount, created pursuant to Section 26227, for the purpose of low-interest and no-interest revolving loans and loan loss reserves for eligible projects and technical assistance on a competitive basis. Priority shall be given to local educational agencies based on the percentage of students pupils eligible for free or reduced-price meals in the prior year, energy savings, geographic diversity, and diversity in the size of the local educational agencies student pupil populations. If a local educational agency has a project eligible for a loan under this paragraph, the maximum loan amount for the project shall be the project cost reduced by both of the following, as applicable:(A) The amount of any grant awarded for the project pursuant to paragraph (3).(B) Any state, federal, or local incentives that have been provided for the project.(3) (A) (i) The remaining moneys, if any, shall be provided to local educational agencies in accordance with subdivision (b) of Section 26227.2, as implemented by the Energy Commission, in consultation with the State Department of Education, as follows:(I) Ten percent shall be for local educational agencies with an average daily attendance of not more than 1,000.(II) Ten percent shall be for local educational agencies with an average daily attendance of more than 1,000 and not more than 2,000.(III) Eighty percent shall be for local educational agencies with an average daily attendance of more than 2,000.(ii) The Energy Commission may adjust the funding allocations specified in clause (i) and may add additional categories based on average daily attendance to further the purposes of Section 26227.2.(B) The Energy Commission shall facilitate local educational agency pursuit of funding under this paragraph and from the State Energy Conservation Assistance Account through coordinated information, documentation, and review processes regarding the project.(C) For purposes of this paragraph, average daily attendance shall be those numbers as reported in the prior year, as determined by the State Department of Education.(b) A local educational agency that receives moneys pursuant to this section shall encumber those moneys within nine months of allocation.(c) For purposes of this section, the following definitions apply:(1)Energy Commission means the State Energy Resources Conservation and Development Commission.(2)Local local educational agency means a school district, county office of education, charter school, or state special school.
259259
260260 26205.5. (a) Of the moneys provided to the Job Creation Fund for purposes of paragraph (1) of subdivision (a) of Section 26205, the available remaining funds, which are the funds allocated to a local educational agency that has not submitted an energy expenditure plan, as determined by the Energy Commission as of March 1, 2018, shall be appropriated as follows:(1) The first seventy-five million dollars ($75,000,000) shall be provided to school districts, county offices of education, and joint power authorities currently operating home-to-school transportation programs on behalf of local educational agencies for grants or loans for schoolbus retrofit or replacement through a program administered by the Energy Commission, in consultation with the State Air Resources Board.(A) Priority shall be given to school districts, county offices of education, and joint power authorities currently operating home-to-school transportation programs on behalf of local educational agencies operating the oldest schoolbuses or schoolbuses operating in disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code, as determined by the State Air Resources Board, and to school districts, county offices of education, or joint power authorities currently operating home-to-school transportation programs on behalf of local educational agencies with a majority of students pupils eligible for free or reduced-price meals in the prior year.(B) Any schoolbuses that have been replaced pursuant to this paragraph shall be scrapped.(C) A local air district may administer funding provided pursuant to this paragraph, if authorized by the Energy Commission.(2) The next one hundred million dollars ($100,000,000) shall be deposited into the Education Subaccount, created pursuant to Section 26227, for the purpose of low-interest and no-interest revolving loans and loan loss reserves for eligible projects and technical assistance on a competitive basis. Priority shall be given to local educational agencies based on the percentage of students pupils eligible for free or reduced-price meals in the prior year, energy savings, geographic diversity, and diversity in the size of the local educational agencies student pupil populations. If a local educational agency has a project eligible for a loan under this paragraph, the maximum loan amount for the project shall be the project cost reduced by both of the following, as applicable:(A) The amount of any grant awarded for the project pursuant to paragraph (3).(B) Any state, federal, or local incentives that have been provided for the project.(3) (A) (i) The remaining moneys, if any, shall be provided to local educational agencies in accordance with subdivision (b) of Section 26227.2, as implemented by the Energy Commission, in consultation with the State Department of Education, as follows:(I) Ten percent shall be for local educational agencies with an average daily attendance of not more than 1,000.(II) Ten percent shall be for local educational agencies with an average daily attendance of more than 1,000 and not more than 2,000.(III) Eighty percent shall be for local educational agencies with an average daily attendance of more than 2,000.(ii) The Energy Commission may adjust the funding allocations specified in clause (i) and may add additional categories based on average daily attendance to further the purposes of Section 26227.2.(B) The Energy Commission shall facilitate local educational agency pursuit of funding under this paragraph and from the State Energy Conservation Assistance Account through coordinated information, documentation, and review processes regarding the project.(C) For purposes of this paragraph, average daily attendance shall be those numbers as reported in the prior year, as determined by the State Department of Education.(b) A local educational agency that receives moneys pursuant to this section shall encumber those moneys within nine months of allocation.(c) For purposes of this section, the following definitions apply:(1)Energy Commission means the State Energy Resources Conservation and Development Commission.(2)Local local educational agency means a school district, county office of education, charter school, or state special school.
261261
262262 26205.5. (a) Of the moneys provided to the Job Creation Fund for purposes of paragraph (1) of subdivision (a) of Section 26205, the available remaining funds, which are the funds allocated to a local educational agency that has not submitted an energy expenditure plan, as determined by the Energy Commission as of March 1, 2018, shall be appropriated as follows:(1) The first seventy-five million dollars ($75,000,000) shall be provided to school districts, county offices of education, and joint power authorities currently operating home-to-school transportation programs on behalf of local educational agencies for grants or loans for schoolbus retrofit or replacement through a program administered by the Energy Commission, in consultation with the State Air Resources Board.(A) Priority shall be given to school districts, county offices of education, and joint power authorities currently operating home-to-school transportation programs on behalf of local educational agencies operating the oldest schoolbuses or schoolbuses operating in disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code, as determined by the State Air Resources Board, and to school districts, county offices of education, or joint power authorities currently operating home-to-school transportation programs on behalf of local educational agencies with a majority of students pupils eligible for free or reduced-price meals in the prior year.(B) Any schoolbuses that have been replaced pursuant to this paragraph shall be scrapped.(C) A local air district may administer funding provided pursuant to this paragraph, if authorized by the Energy Commission.(2) The next one hundred million dollars ($100,000,000) shall be deposited into the Education Subaccount, created pursuant to Section 26227, for the purpose of low-interest and no-interest revolving loans and loan loss reserves for eligible projects and technical assistance on a competitive basis. Priority shall be given to local educational agencies based on the percentage of students pupils eligible for free or reduced-price meals in the prior year, energy savings, geographic diversity, and diversity in the size of the local educational agencies student pupil populations. If a local educational agency has a project eligible for a loan under this paragraph, the maximum loan amount for the project shall be the project cost reduced by both of the following, as applicable:(A) The amount of any grant awarded for the project pursuant to paragraph (3).(B) Any state, federal, or local incentives that have been provided for the project.(3) (A) (i) The remaining moneys, if any, shall be provided to local educational agencies in accordance with subdivision (b) of Section 26227.2, as implemented by the Energy Commission, in consultation with the State Department of Education, as follows:(I) Ten percent shall be for local educational agencies with an average daily attendance of not more than 1,000.(II) Ten percent shall be for local educational agencies with an average daily attendance of more than 1,000 and not more than 2,000.(III) Eighty percent shall be for local educational agencies with an average daily attendance of more than 2,000.(ii) The Energy Commission may adjust the funding allocations specified in clause (i) and may add additional categories based on average daily attendance to further the purposes of Section 26227.2.(B) The Energy Commission shall facilitate local educational agency pursuit of funding under this paragraph and from the State Energy Conservation Assistance Account through coordinated information, documentation, and review processes regarding the project.(C) For purposes of this paragraph, average daily attendance shall be those numbers as reported in the prior year, as determined by the State Department of Education.(b) A local educational agency that receives moneys pursuant to this section shall encumber those moneys within nine months of allocation.(c) For purposes of this section, the following definitions apply:(1)Energy Commission means the State Energy Resources Conservation and Development Commission.(2)Local local educational agency means a school district, county office of education, charter school, or state special school.
263263
264264
265265
266266 26205.5. (a) Of the moneys provided to the Job Creation Fund for purposes of paragraph (1) of subdivision (a) of Section 26205, the available remaining funds, which are the funds allocated to a local educational agency that has not submitted an energy expenditure plan, as determined by the Energy Commission as of March 1, 2018, shall be appropriated as follows:
267267
268268 (1) The first seventy-five million dollars ($75,000,000) shall be provided to school districts, county offices of education, and joint power authorities currently operating home-to-school transportation programs on behalf of local educational agencies for grants or loans for schoolbus retrofit or replacement through a program administered by the Energy Commission, in consultation with the State Air Resources Board.
269269
270270 (A) Priority shall be given to school districts, county offices of education, and joint power authorities currently operating home-to-school transportation programs on behalf of local educational agencies operating the oldest schoolbuses or schoolbuses operating in disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code, as determined by the State Air Resources Board, and to school districts, county offices of education, or joint power authorities currently operating home-to-school transportation programs on behalf of local educational agencies with a majority of students pupils eligible for free or reduced-price meals in the prior year.
271271
272272 (B) Any schoolbuses that have been replaced pursuant to this paragraph shall be scrapped.
273273
274274 (C) A local air district may administer funding provided pursuant to this paragraph, if authorized by the Energy Commission.
275275
276276 (2) The next one hundred million dollars ($100,000,000) shall be deposited into the Education Subaccount, created pursuant to Section 26227, for the purpose of low-interest and no-interest revolving loans and loan loss reserves for eligible projects and technical assistance on a competitive basis. Priority shall be given to local educational agencies based on the percentage of students pupils eligible for free or reduced-price meals in the prior year, energy savings, geographic diversity, and diversity in the size of the local educational agencies student pupil populations. If a local educational agency has a project eligible for a loan under this paragraph, the maximum loan amount for the project shall be the project cost reduced by both of the following, as applicable:
277277
278278 (A) The amount of any grant awarded for the project pursuant to paragraph (3).
279279
280280 (B) Any state, federal, or local incentives that have been provided for the project.
281281
282282 (3) (A) (i) The remaining moneys, if any, shall be provided to local educational agencies in accordance with subdivision (b) of Section 26227.2, as implemented by the Energy Commission, in consultation with the State Department of Education, as follows:
283283
284284 (I) Ten percent shall be for local educational agencies with an average daily attendance of not more than 1,000.
285285
286286 (II) Ten percent shall be for local educational agencies with an average daily attendance of more than 1,000 and not more than 2,000.
287287
288288 (III) Eighty percent shall be for local educational agencies with an average daily attendance of more than 2,000.
289289
290290 (ii) The Energy Commission may adjust the funding allocations specified in clause (i) and may add additional categories based on average daily attendance to further the purposes of Section 26227.2.
291291
292292 (B) The Energy Commission shall facilitate local educational agency pursuit of funding under this paragraph and from the State Energy Conservation Assistance Account through coordinated information, documentation, and review processes regarding the project.
293293
294294 (C) For purposes of this paragraph, average daily attendance shall be those numbers as reported in the prior year, as determined by the State Department of Education.
295295
296296 (b) A local educational agency that receives moneys pursuant to this section shall encumber those moneys within nine months of allocation.
297297
298298 (c) For purposes of this section, the following definitions apply:
299299
300300 (1)Energy Commission means the State Energy Resources Conservation and Development Commission.
301301
302302
303303
304304 (2)Local local educational agency means a school district, county office of education, charter school, or state special school.
305305
306306 SEC. 9. Section 26225 of the Public Resources Code is amended to read:26225. For the purposes of this chapter, the following terms have the following meanings:(a) Chancellor means the Chancellor of the California Community Colleges.(b)Energy Commission means the State Energy Resources Conservation and Development Commission.(c)(b) Local education agency, local educational agency, or LEA means a school district, county office of education, charter school, or state special school.(d)(c) Job Creation Fund means the Clean Energy Job Creation Fund established in Section 26205.
307307
308308 SEC. 9. Section 26225 of the Public Resources Code is amended to read:
309309
310310 ### SEC. 9.
311311
312312 26225. For the purposes of this chapter, the following terms have the following meanings:(a) Chancellor means the Chancellor of the California Community Colleges.(b)Energy Commission means the State Energy Resources Conservation and Development Commission.(c)(b) Local education agency, local educational agency, or LEA means a school district, county office of education, charter school, or state special school.(d)(c) Job Creation Fund means the Clean Energy Job Creation Fund established in Section 26205.
313313
314314 26225. For the purposes of this chapter, the following terms have the following meanings:(a) Chancellor means the Chancellor of the California Community Colleges.(b)Energy Commission means the State Energy Resources Conservation and Development Commission.(c)(b) Local education agency, local educational agency, or LEA means a school district, county office of education, charter school, or state special school.(d)(c) Job Creation Fund means the Clean Energy Job Creation Fund established in Section 26205.
315315
316316 26225. For the purposes of this chapter, the following terms have the following meanings:(a) Chancellor means the Chancellor of the California Community Colleges.(b)Energy Commission means the State Energy Resources Conservation and Development Commission.(c)(b) Local education agency, local educational agency, or LEA means a school district, county office of education, charter school, or state special school.(d)(c) Job Creation Fund means the Clean Energy Job Creation Fund established in Section 26205.
317317
318318
319319
320320 26225. For the purposes of this chapter, the following terms have the following meanings:
321321
322322 (a) Chancellor means the Chancellor of the California Community Colleges.
323323
324324 (b)Energy Commission means the State Energy Resources Conservation and Development Commission.
325325
326326
327327
328328 (c)
329329
330330
331331
332332 (b) Local education agency, local educational agency, or LEA means a school district, county office of education, charter school, or state special school.
333333
334334 (d)
335335
336336
337337
338338 (c) Job Creation Fund means the Clean Energy Job Creation Fund established in Section 26205.
339339
340340 SEC. 10. Section 20 of the Public Utilities Code is amended to read:20. (a)Commission means the Public Utilities Commission created by Section 1 of Article XII of the California Constitution, and commissioner means a member of the commission.(b)Energy Commission means the State Energy Resources Conservation and Development Commission.
341341
342342 SEC. 10. Section 20 of the Public Utilities Code is amended to read:
343343
344344 ### SEC. 10.
345345
346346 20. (a)Commission means the Public Utilities Commission created by Section 1 of Article XII of the California Constitution, and commissioner means a member of the commission.(b)Energy Commission means the State Energy Resources Conservation and Development Commission.
347347
348348 20. (a)Commission means the Public Utilities Commission created by Section 1 of Article XII of the California Constitution, and commissioner means a member of the commission.(b)Energy Commission means the State Energy Resources Conservation and Development Commission.
349349
350350 20. (a)Commission means the Public Utilities Commission created by Section 1 of Article XII of the California Constitution, and commissioner means a member of the commission.(b)Energy Commission means the State Energy Resources Conservation and Development Commission.
351351
352352
353353
354354 20. (a)Commission means the Public Utilities Commission created by Section 1 of Article XII of the California Constitution, and commissioner means a member of the commission.
355355
356356 (b)Energy Commission means the State Energy Resources Conservation and Development Commission.