California 2019-2020 Regular Session

California Assembly Bill AB801 Latest Draft

Bill / Amended Version Filed 04/30/2019

                            Amended IN  Assembly  April 30, 2019 Amended IN  Assembly  March 25, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 801Introduced by Assembly Member LevineFebruary 20, 2019 An act to add Section 25405.7 to the Public Resources Code, and to add Section 2832.5 to add and repeal Section 913.13 of the Public Utilities Code, relating to energy. LEGISLATIVE COUNSEL'S DIGESTAB 801, as amended, Levine. Solar energy systems. Photovoltaic requirements: tariffs and programs: study.Existing law authorizes the State Energy Resources Conservation and Development Commission (Energy Commission) to prescribe, by regulation, energy efficiency standards, including appliance efficiency standards. standards for new residential and nonresidential buildings. Under this authority, the Energy Commission has established regulations requiring solar-ready buildings and the installation of photovoltaic systems meeting certain requirements for low-rise residential buildings built on or after January 1, 2020.This bill would state the intent of the Legislature to enact later legislation to remove obstacles to the expansion of community-shared solar electric generation systems as an option for onsite solar electric generation requirements in California.Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities, including electrical corporations. The Green Tariff Shared Renewables Program requires an electrical corporation with 100,000 or more customers in California to file with the PUC an application requesting approval of a tariff to implement a program enabling ratepayers to participate directly in offsite electrical generation facilities that use eligible renewable energy resources, as specified.This bill would require the PUC, by January 1, 2021, to establish a model new community solar tariff that conforms to the photovoltaic requirements adopted by the Energy Commission for low-rise residential buildings built on or after January 1, 2020, and that is applicable to all residential buildings.Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.Because implementation of this bill would require action by the commission, these provisions would impose a state-mandated local program by creating a new crime.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.This bill would require the Public Utilities Commission, in collaboration with the Energy Commission, by March 31, 2020, to submit to the Legislature a report on the feasibility of expanding an existing tariff or program or establishing a new tariff or program to facilitate compliance with the photovoltaic requirements for low-rise residential buildings, as specified.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YESNO Bill TextThe people of the State of California do enact as follows:SECTION 1. Division 1 (commencing with Section 913.13) is added to Part 1 of Chapter 4 of Article 11 of the Public Utilities Code, to read:DIVISION 1. Reports to the Legislature913.13. (a) On or before March 31, 2020, the commission, in collaboration with the Energy Commission, shall submit a report to the Legislature on the feasibility of expanding an existing tariff or program or establishing a new tariff or program to facilitate compliance with the photovoltaic requirements for low-rise residential buildings set forth in Section 150.1(c)(14) of Title 24 of the California Code of Regulations, and on whether the tariff or program can be implemented in a manner that ensures nonparticipating ratepayer indifference consistent with that for the Green Tariff Shared Renewables Program (Chapter 7.6 (commencing with Section 2831) of Part 2).(b) The report required pursuant to subdivision (a) shall be submitted in accordance with Section 9795 of the Government Code.(c) Pursuant to Section 10231.5 of the Government Code, this section shall become inoperative on March 31, 2024, and, as of January 1, 2025, is repealed.SECTION 1.The Legislature finds and declares that growth in the development of community solar programs will be necessary to meet the states ambitious renewable energy goals. In particular, to meet the photovoltaic requirement of the Building Energy Efficiency Standards adopted by the State Energy Resources Conservation and Development Commission in 2018 (Section 150.1(c)(14) of Part 6 of Title 24 of the California Code of Regulations), significant community solar expansion will be needed because there will not be nearly enough suitable rooftop space for solar panels.SEC. 2.Section 25405.7 is added to the Public Resources Code, to read:25405.7.It is the intent of the Legislature to enact later legislation to remove obstacles to the expansion of community-shared solar electric generation systems as an option for onsite solar electric generation requirements (Section 10-115 of Part 6 of Title 24 of the California Code of Regulations) in California.SEC. 3.Section 2832.5 is added to the Public Utilities Code, to read:2832.5.By January 1, 2021, the commission shall establish a model new community solar tariff that conforms to the photovoltaic requirement of the Building Energy Efficiency Standards adopted by the Energy Commission in 2018 (Section 150.1(c)(14) of Part 6 of Title 24 of the California Code of Regulations) and that is applicable to all residential buildings.SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

 Amended IN  Assembly  April 30, 2019 Amended IN  Assembly  March 25, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 801Introduced by Assembly Member LevineFebruary 20, 2019 An act to add Section 25405.7 to the Public Resources Code, and to add Section 2832.5 to add and repeal Section 913.13 of the Public Utilities Code, relating to energy. LEGISLATIVE COUNSEL'S DIGESTAB 801, as amended, Levine. Solar energy systems. Photovoltaic requirements: tariffs and programs: study.Existing law authorizes the State Energy Resources Conservation and Development Commission (Energy Commission) to prescribe, by regulation, energy efficiency standards, including appliance efficiency standards. standards for new residential and nonresidential buildings. Under this authority, the Energy Commission has established regulations requiring solar-ready buildings and the installation of photovoltaic systems meeting certain requirements for low-rise residential buildings built on or after January 1, 2020.This bill would state the intent of the Legislature to enact later legislation to remove obstacles to the expansion of community-shared solar electric generation systems as an option for onsite solar electric generation requirements in California.Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities, including electrical corporations. The Green Tariff Shared Renewables Program requires an electrical corporation with 100,000 or more customers in California to file with the PUC an application requesting approval of a tariff to implement a program enabling ratepayers to participate directly in offsite electrical generation facilities that use eligible renewable energy resources, as specified.This bill would require the PUC, by January 1, 2021, to establish a model new community solar tariff that conforms to the photovoltaic requirements adopted by the Energy Commission for low-rise residential buildings built on or after January 1, 2020, and that is applicable to all residential buildings.Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.Because implementation of this bill would require action by the commission, these provisions would impose a state-mandated local program by creating a new crime.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.This bill would require the Public Utilities Commission, in collaboration with the Energy Commission, by March 31, 2020, to submit to the Legislature a report on the feasibility of expanding an existing tariff or program or establishing a new tariff or program to facilitate compliance with the photovoltaic requirements for low-rise residential buildings, as specified.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YESNO 

 Amended IN  Assembly  April 30, 2019 Amended IN  Assembly  March 25, 2019

Amended IN  Assembly  April 30, 2019
Amended IN  Assembly  March 25, 2019

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

Assembly Bill No. 801

Introduced by Assembly Member LevineFebruary 20, 2019

Introduced by Assembly Member Levine
February 20, 2019

 An act to add Section 25405.7 to the Public Resources Code, and to add Section 2832.5 to add and repeal Section 913.13 of the Public Utilities Code, relating to energy. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 801, as amended, Levine. Solar energy systems. Photovoltaic requirements: tariffs and programs: study.

Existing law authorizes the State Energy Resources Conservation and Development Commission (Energy Commission) to prescribe, by regulation, energy efficiency standards, including appliance efficiency standards. standards for new residential and nonresidential buildings. Under this authority, the Energy Commission has established regulations requiring solar-ready buildings and the installation of photovoltaic systems meeting certain requirements for low-rise residential buildings built on or after January 1, 2020.This bill would state the intent of the Legislature to enact later legislation to remove obstacles to the expansion of community-shared solar electric generation systems as an option for onsite solar electric generation requirements in California.Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities, including electrical corporations. The Green Tariff Shared Renewables Program requires an electrical corporation with 100,000 or more customers in California to file with the PUC an application requesting approval of a tariff to implement a program enabling ratepayers to participate directly in offsite electrical generation facilities that use eligible renewable energy resources, as specified.This bill would require the PUC, by January 1, 2021, to establish a model new community solar tariff that conforms to the photovoltaic requirements adopted by the Energy Commission for low-rise residential buildings built on or after January 1, 2020, and that is applicable to all residential buildings.Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.Because implementation of this bill would require action by the commission, these provisions would impose a state-mandated local program by creating a new crime.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.This bill would require the Public Utilities Commission, in collaboration with the Energy Commission, by March 31, 2020, to submit to the Legislature a report on the feasibility of expanding an existing tariff or program or establishing a new tariff or program to facilitate compliance with the photovoltaic requirements for low-rise residential buildings, as specified.

Existing law authorizes the State Energy Resources Conservation and Development Commission (Energy Commission) to prescribe, by regulation, energy efficiency standards, including appliance efficiency standards. standards for new residential and nonresidential buildings. Under this authority, the Energy Commission has established regulations requiring solar-ready buildings and the installation of photovoltaic systems meeting certain requirements for low-rise residential buildings built on or after January 1, 2020.

This bill would state the intent of the Legislature to enact later legislation to remove obstacles to the expansion of community-shared solar electric generation systems as an option for onsite solar electric generation requirements in California.



Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities, including electrical corporations. The Green Tariff Shared Renewables Program requires an electrical corporation with 100,000 or more customers in California to file with the PUC an application requesting approval of a tariff to implement a program enabling ratepayers to participate directly in offsite electrical generation facilities that use eligible renewable energy resources, as specified.



This bill would require the PUC, by January 1, 2021, to establish a model new community solar tariff that conforms to the photovoltaic requirements adopted by the Energy Commission for low-rise residential buildings built on or after January 1, 2020, and that is applicable to all residential buildings.



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



Because implementation of this bill would require action by the commission, these provisions would impose a state-mandated local program by creating a new crime.



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



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



This bill would require the Public Utilities Commission, in collaboration with the Energy Commission, by March 31, 2020, to submit to the Legislature a report on the feasibility of expanding an existing tariff or program or establishing a new tariff or program to facilitate compliance with the photovoltaic requirements for low-rise residential buildings, as specified.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Division 1 (commencing with Section 913.13) is added to Part 1 of Chapter 4 of Article 11 of the Public Utilities Code, to read:DIVISION 1. Reports to the Legislature913.13. (a) On or before March 31, 2020, the commission, in collaboration with the Energy Commission, shall submit a report to the Legislature on the feasibility of expanding an existing tariff or program or establishing a new tariff or program to facilitate compliance with the photovoltaic requirements for low-rise residential buildings set forth in Section 150.1(c)(14) of Title 24 of the California Code of Regulations, and on whether the tariff or program can be implemented in a manner that ensures nonparticipating ratepayer indifference consistent with that for the Green Tariff Shared Renewables Program (Chapter 7.6 (commencing with Section 2831) of Part 2).(b) The report required pursuant to subdivision (a) shall be submitted in accordance with Section 9795 of the Government Code.(c) Pursuant to Section 10231.5 of the Government Code, this section shall become inoperative on March 31, 2024, and, as of January 1, 2025, is repealed.SECTION 1.The Legislature finds and declares that growth in the development of community solar programs will be necessary to meet the states ambitious renewable energy goals. In particular, to meet the photovoltaic requirement of the Building Energy Efficiency Standards adopted by the State Energy Resources Conservation and Development Commission in 2018 (Section 150.1(c)(14) of Part 6 of Title 24 of the California Code of Regulations), significant community solar expansion will be needed because there will not be nearly enough suitable rooftop space for solar panels.SEC. 2.Section 25405.7 is added to the Public Resources Code, to read:25405.7.It is the intent of the Legislature to enact later legislation to remove obstacles to the expansion of community-shared solar electric generation systems as an option for onsite solar electric generation requirements (Section 10-115 of Part 6 of Title 24 of the California Code of Regulations) in California.SEC. 3.Section 2832.5 is added to the Public Utilities Code, to read:2832.5.By January 1, 2021, the commission shall establish a model new community solar tariff that conforms to the photovoltaic requirement of the Building Energy Efficiency Standards adopted by the Energy Commission in 2018 (Section 150.1(c)(14) of Part 6 of Title 24 of the California Code of Regulations) and that is applicable to all residential buildings.SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Division 1 (commencing with Section 913.13) is added to Part 1 of Chapter 4 of Article 11 of the Public Utilities Code, to read:DIVISION 1. Reports to the Legislature913.13. (a) On or before March 31, 2020, the commission, in collaboration with the Energy Commission, shall submit a report to the Legislature on the feasibility of expanding an existing tariff or program or establishing a new tariff or program to facilitate compliance with the photovoltaic requirements for low-rise residential buildings set forth in Section 150.1(c)(14) of Title 24 of the California Code of Regulations, and on whether the tariff or program can be implemented in a manner that ensures nonparticipating ratepayer indifference consistent with that for the Green Tariff Shared Renewables Program (Chapter 7.6 (commencing with Section 2831) of Part 2).(b) The report required pursuant to subdivision (a) shall be submitted in accordance with Section 9795 of the Government Code.(c) Pursuant to Section 10231.5 of the Government Code, this section shall become inoperative on March 31, 2024, and, as of January 1, 2025, is repealed.

SECTION 1. Division 1 (commencing with Section 913.13) is added to Part 1 of Chapter 4 of Article 11 of the Public Utilities Code, to read:

### SECTION 1.

DIVISION 1. Reports to the Legislature913.13. (a) On or before March 31, 2020, the commission, in collaboration with the Energy Commission, shall submit a report to the Legislature on the feasibility of expanding an existing tariff or program or establishing a new tariff or program to facilitate compliance with the photovoltaic requirements for low-rise residential buildings set forth in Section 150.1(c)(14) of Title 24 of the California Code of Regulations, and on whether the tariff or program can be implemented in a manner that ensures nonparticipating ratepayer indifference consistent with that for the Green Tariff Shared Renewables Program (Chapter 7.6 (commencing with Section 2831) of Part 2).(b) The report required pursuant to subdivision (a) shall be submitted in accordance with Section 9795 of the Government Code.(c) Pursuant to Section 10231.5 of the Government Code, this section shall become inoperative on March 31, 2024, and, as of January 1, 2025, is repealed.

DIVISION 1. Reports to the Legislature913.13. (a) On or before March 31, 2020, the commission, in collaboration with the Energy Commission, shall submit a report to the Legislature on the feasibility of expanding an existing tariff or program or establishing a new tariff or program to facilitate compliance with the photovoltaic requirements for low-rise residential buildings set forth in Section 150.1(c)(14) of Title 24 of the California Code of Regulations, and on whether the tariff or program can be implemented in a manner that ensures nonparticipating ratepayer indifference consistent with that for the Green Tariff Shared Renewables Program (Chapter 7.6 (commencing with Section 2831) of Part 2).(b) The report required pursuant to subdivision (a) shall be submitted in accordance with Section 9795 of the Government Code.(c) Pursuant to Section 10231.5 of the Government Code, this section shall become inoperative on March 31, 2024, and, as of January 1, 2025, is repealed.

DIVISION 1. Reports to the Legislature

DIVISION 1. Reports to the Legislature

913.13. (a) On or before March 31, 2020, the commission, in collaboration with the Energy Commission, shall submit a report to the Legislature on the feasibility of expanding an existing tariff or program or establishing a new tariff or program to facilitate compliance with the photovoltaic requirements for low-rise residential buildings set forth in Section 150.1(c)(14) of Title 24 of the California Code of Regulations, and on whether the tariff or program can be implemented in a manner that ensures nonparticipating ratepayer indifference consistent with that for the Green Tariff Shared Renewables Program (Chapter 7.6 (commencing with Section 2831) of Part 2).(b) The report required pursuant to subdivision (a) shall be submitted in accordance with Section 9795 of the Government Code.(c) Pursuant to Section 10231.5 of the Government Code, this section shall become inoperative on March 31, 2024, and, as of January 1, 2025, is repealed.



913.13. (a) On or before March 31, 2020, the commission, in collaboration with the Energy Commission, shall submit a report to the Legislature on the feasibility of expanding an existing tariff or program or establishing a new tariff or program to facilitate compliance with the photovoltaic requirements for low-rise residential buildings set forth in Section 150.1(c)(14) of Title 24 of the California Code of Regulations, and on whether the tariff or program can be implemented in a manner that ensures nonparticipating ratepayer indifference consistent with that for the Green Tariff Shared Renewables Program (Chapter 7.6 (commencing with Section 2831) of Part 2).

(b) The report required pursuant to subdivision (a) shall be submitted in accordance with Section 9795 of the Government Code.

(c) Pursuant to Section 10231.5 of the Government Code, this section shall become inoperative on March 31, 2024, and, as of January 1, 2025, is repealed.



The Legislature finds and declares that growth in the development of community solar programs will be necessary to meet the states ambitious renewable energy goals. In particular, to meet the photovoltaic requirement of the Building Energy Efficiency Standards adopted by the State Energy Resources Conservation and Development Commission in 2018 (Section 150.1(c)(14) of Part 6 of Title 24 of the California Code of Regulations), significant community solar expansion will be needed because there will not be nearly enough suitable rooftop space for solar panels.







It is the intent of the Legislature to enact later legislation to remove obstacles to the expansion of community-shared solar electric generation systems as an option for onsite solar electric generation requirements (Section 10-115 of Part 6 of Title 24 of the California Code of Regulations) in California.







By January 1, 2021, the commission shall establish a model new community solar tariff that conforms to the photovoltaic requirement of the Building Energy Efficiency Standards adopted by the Energy Commission in 2018 (Section 150.1(c)(14) of Part 6 of Title 24 of the California Code of Regulations) and that is applicable to all residential buildings.





No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.