Amended IN Senate August 01, 2022 Amended IN Senate June 20, 2022 Amended IN Senate June 13, 2022 Amended IN Assembly May 19, 2022 Amended IN Assembly May 02, 2022 Amended IN Assembly March 28, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2316Introduced by Assembly Member WardFebruary 16, 2022An act to add Section 2827.2 769.3 to, and to add and repeal Section 913.15 of, the Public Utilities Code, relating to electricity. LEGISLATIVE COUNSEL'S DIGESTAB 2316, as amended, Ward. Public Utilities Commission: customer renewable energy subscription programs and the community renewable energy program.Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law requires every electric utility, defined to include electrical corporations, local publicly owned electric utilities, and electrical cooperatives, to develop a standard contract or tariff for net energy metering, as defined, for generation by a renewable electrical generation facility, as defined, and to make this contract or tariff available to eligible customer-generators, as defined, upon request on a first-come-first-served basis until the time that the total rated generating capacity used by eligible customer generators exceeds 5% of the electric utilitys aggregate customer peak demand. For a large electrical corporation, as defined, existing law requires the commission to have developed a 2nd standard contract or tariff to provide net energy metering to additional eligible customer-generators in the electrical corporations service territory and imposes no limitation on the number of new eligible customer-generators entitled to receive service pursuant to this 2nd standard contract or tariff. Existing law requires the commission to ensure that the 2nd standard contract or tariff made available to eligible customer-generators by large electrical corporations ensures that customer-sited renewable distributed generation continues to grow sustainably. Existing law requires the commission, in developing this standard contract or tariff, to include specific alternatives designed for growth among residential customers in disadvantaged communities. Under existing law, the Green Tariff Shared Renewables Program requires an electrical corporation with 100,000 or more customers in California to file with the commission 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. Existing law requires the commission, by June 30, 2017, to authorize, through the Multifamily Affordable Housing Solar Roofs Program, the awarding of monetary incentives for qualifying solar energy systems that are installed on qualified multifamily affordable housing properties through December 31, 2030. Existing law imposes various requirements on public works projects, as defined, including a requirement that, at minimum, all workers employed on a public works project be paid the general prevailing rate of per diem wages for work of a similar character in the locality in which a public work is performed, as specified.This bill would require the commission, on or before March 31, 2023, 2024, to evaluate each customer renewable energy subscription program to determine if the program meets specified goals, to authorize the termination or modification of a program that does not meet those goals, to determine whether it would be beneficial to ratepayers to establish a community renewable energy program, and require that the program to establish that program if doing so would be beneficial to ratepayers. The bill would require each customer renewable energy subscription program and the community renewable energy program, if established, to comply with a specified exception to the photovoltaic requirements, requirements for low-rise residential buildings, ensure at least 51% of itssubscribers are capacity serves low-income customers or low-income service organizations, minimize impacts to nonsubscriber ratepayers, customers, prohibit its costs from being paid by nonparticipating customers, comply with those prevailing wage requirements, and provide bill credits to subscribers, as specified. The bill would require the commission to evaluate customer renewable energy subscription programs to determine if those programs meet those criteria, efficiently serve distinct customer groups, minimize duplicative offerings, and promote robust participation by low-income customers, and to authorize the termination or modification of those programs that are duplicative or do not meet those criteria. The bill would require the commission, on or before December 31, 2023, March 31, 2024, to report to the Legislature the results of its evaluation and of each customer renewable energy subscription program, its justification for terminating, modifying, or retaining those programs. each program, and whether it would be beneficial to ratepayers to establish the community renewable energy program. The bill would also require the commission, within 24 months of establishing the community renewable energy program and annually thereafter for 4 years, to submit a report to the Legislature on the facilities deployed, and customers subscribed, pursuant to the program.Existing law imposes various requirements on public works projects, as defined, including a requirement that, at minimum, all workers employed on a public works project be paid the general prevailing rate of per diem wages for work of a similar character in the locality in which a public work is performed, as specified. This bill would subject the construction of community renewable energy facilities pursuant to the program to those prevailing wage requirements.This bill would require the commission, within 24 months of adopting a decision implementing the program, and annually thereafter for 4 years, to report to the Legislature on the facilities deployed, and customers subscribed, pursuant to the program, including an analysis of low-income customer participation.Under existing law, a violation of the Public Utilities Act or an order, decision, rule, direction, demand, or requirement of the commission is a crime.Because the above provisions would be part of the act and a violation of a commission action implementing this bills requirements would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. (a) It is the intent of the Legislature to create a community renewable energy program so that all Californians, especially those unable to host a rooftop solar system, realize the benefits of distributed generation through a cost-effective program that provides benefits to all ratepayers.(b) The Legislature further intends to facilitate community renewable energy options that can help the state cost effectively meet the energy efficiency mandates in the California Building Standards Code.(c) The Legislature further intends to support robust low-income customer participation in the community renewable energy program that may be established pursuant to Section 2827.2 of the Public Utilities Code.SEC. 2.Section 913.15 is added to the Public Utilities Code, to read:913.15.(a)Within 24 months of adopting a decision implementing a community renewable energy program pursuant to Section 2827.2, and annually thereafter for 4 years, the commission shall submit a report to the Legislature on the facilities deployed, and customers subscribed, pursuant to that program, including an analysis of low-income customer participation.(b)This section shall remain in effect only until January 1, 2033, and as of that date is repealed.SEC. 3.Section 2827.2 is added to the Public Utilities Code, to read:2827.2.SEC. 2. Section 769.3 is added to the Public Utilities Code, to read:769.3. (a) For purposes of this section, the following definitions apply:(1)Large electrical corporation has the same meaning as defined in Section 2827.(2)(1) Low-income customer means either of the following:(A) An individual or household who qualifies for one or more of the following programs:(i) The California Alternate Rates for Energy (CARE) program described in Section 739.1.(ii) The Family Electric Rate Assistance (FERA) program described in Section 739.12.(iii) The CalFresh program established pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code.(iv) The federal Supplemental Nutrition Assistance Program (SNAP) (Chapter 51 (commencing with Section 2011) of Title 7 of the United States Code).(v) The Low-income Heating Energy Assistance Program (LIHEAP) (42 U.S.C. Sec. 8621).(vi) The federal Head Start Program (42 U.S.C. Sec. 9801 et seq.).(B) An individual or household who resides within an underserved community, as defined in Section 1601. community.(3)Low-income service organization means an organization or nonprofit whose primary function is to provide services, assistance, or housing to low-income customers, and may include, but is not limited to, a local or central tribal government or a tribally designated housing entity.(4)Subscriber means a distribution customer of a large electrical corporation who owns one or more subscriptions of a community renewable energy facility. A subscriber shall be located in the same large electrical corporation service territory where the community renewable energy facility to which the subscriber is subscribed is located.(2) Underserved community includes each of the following:(A) A disadvantaged community as defined in Section 75005 of the Public Resources Code.(B) A low-income community as defined in Section 39713 of Health and Safety Code.(C) A community within an area identified as among the 25 percent most disadvantaged areas in the state according to the California Environmental Protection Agency and based on the most recent California Communities Environmental Health Screening Tool, also known as CalEnviroScreen, that is used to identify disadvantaged communities pursuant to Section 39711 of the Health and Safety Code.(D) A community located on lands belonging to a California Native American tribe, as defined in Section 21073 of the Public Resources Code.(b) On or before March 31, 2023, 2024, the commission shall open a proceeding to shall, in a new or existing proceeding, do all of the following:(1) (A) Evaluate each customer renewable energy subscription program, including the Green Tariff Shared Renewables Program (Chapter 7.6 (commencing with Section 2831) of Part 2), to determine if the program meets all of the following goals:(i) Efficiently serves distinct customer groups.(ii) Minimizes duplicative offerings.(iii) Promotes robust participation by low-income customers.(iv) Satisfies the criteria described in subdivision (c).(B) Consider, as part of the evaluation, the energy load migration trends among bundled and nonbundled customers and any associated risks with maintaining or creating a customer renewable energy subscription program.(C) If the commission determines a customer renewable energy subscription program does not meet all of the goals described in subparagraph (A), authorize the termination or modification of the program.(2) Determine whether it would be beneficial to ratepayers to establish a new tariff or program, or modify an existing tariff or program, to establish a community renewable energy program. program consistent with the criteria described in subdivision (c). If the commission determines that it would be beneficial to ratepayers to establish the community renewable energy program, the commission shall, on or before July 1, 2024, establish the program as part of the same proceeding.(c) The Each customer renewable energy subscription program and the community renewable energy program program, if established, shall do all of the following:(1) Comply with the community shared solar electric generation system, other renewable electric generation system, and community shared battery storage system exception to the photovoltaic requirements for low-rise residential buildings set forth in Section 150.1(c)(14) 150.1 of Part 6 of Title 24 of the California Code of Regulations.(2) Ensure at least 51 percent of subscribers are the programs capacity serves low-income customers or low-income service organizations. customers.(3) Minimize impacts to nonsubscriber ratepayers. If the commission determines financial incentives are necessary to generate participation in the community renewable energy program, the commission shall ensure those incentives exclusively support subscriptions by low-income customers or low-income service organizations. nonparticipating customers by prohibiting the programs costs from being paid by nonparticipating customers in excess of those costs associated with incidental inaccuracies of the avoided cost calculator. Qualifying funds for those financial incentives shall only be availableeither through an appropriation by the Legislature or select ratepayer funds for programs for which distributed solar, battery storage, or wind resources are otherwise eligible. Legislature.(4) Notwithstanding paragraph (1) of subdivision (a) of Section 1720 of the Labor Code, subject construction of community renewable energy the programs facilities to prevailing wage for purposes of Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the Labor Code.(5) Provide bill credits to subscribers based on the avoided costs of the community renewable energy facility, programs facilities, as determined by the commissions methods for calculating the full set of benefits of distributed energy resources.(d)(1)As part of the proceeding, the commission shall evaluate customer renewable energy subscription programs to determine if those programs meet the criteria described in subdivision (c), efficiently serve distinct customer groups, minimize duplicative offerings, and promote robust participation by low-income customers. If a duplicative customer renewable energy subscription program exists, or if a customer renewable energy subscription program does not meet the criteria described in subdivision (c), the commission shall authorize the termination or modification of that program.(2)(A)On or before December 31, 2023, the commission shall report to the Legislature the results of its evaluation and its justification for terminating, modifying, or retaining each customer renewable energy subscription program.(B)The requirement for submitting a report imposed under subparagraph (A) is inoperative on December 31, 2027, pursuant to Section 10231.5 of the Government Code.(C)A report to be submitted pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code.SEC. 3. Section 913.15 is added to the Public Utilities Code, to read:913.15. (a) Within 24 months of establishing a community renewable energy program pursuant to Section 769.3, if applicable, and annually thereafter for four years, the commission shall submit a report to the Legislature on the facilities deployed and customers subscribed, pursuant to that program, including an analysis of low-income customer participation.(b) On or before March 31, 2024, the commission shall report to the Legislature on its actions taken pursuant to subdivision (b) of Section 769.3 and its justification for terminating, modifying, or retaining each customer renewable energy subscription program pursuant to that subdivision.(c) This section shall remain in effect only until January 1, 2034, and as of that date is repealed.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
Amended IN Senate August 01, 2022 Amended IN Senate June 20, 2022 Amended IN Senate June 13, 2022 Amended IN Assembly May 19, 2022 Amended IN Assembly May 02, 2022 Amended IN Assembly March 28, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2316Introduced by Assembly Member WardFebruary 16, 2022An act to add Section 2827.2 769.3 to, and to add and repeal Section 913.15 of, the Public Utilities Code, relating to electricity. LEGISLATIVE COUNSEL'S DIGESTAB 2316, as amended, Ward. Public Utilities Commission: customer renewable energy subscription programs and the community renewable energy program.Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law requires every electric utility, defined to include electrical corporations, local publicly owned electric utilities, and electrical cooperatives, to develop a standard contract or tariff for net energy metering, as defined, for generation by a renewable electrical generation facility, as defined, and to make this contract or tariff available to eligible customer-generators, as defined, upon request on a first-come-first-served basis until the time that the total rated generating capacity used by eligible customer generators exceeds 5% of the electric utilitys aggregate customer peak demand. For a large electrical corporation, as defined, existing law requires the commission to have developed a 2nd standard contract or tariff to provide net energy metering to additional eligible customer-generators in the electrical corporations service territory and imposes no limitation on the number of new eligible customer-generators entitled to receive service pursuant to this 2nd standard contract or tariff. Existing law requires the commission to ensure that the 2nd standard contract or tariff made available to eligible customer-generators by large electrical corporations ensures that customer-sited renewable distributed generation continues to grow sustainably. Existing law requires the commission, in developing this standard contract or tariff, to include specific alternatives designed for growth among residential customers in disadvantaged communities. Under existing law, the Green Tariff Shared Renewables Program requires an electrical corporation with 100,000 or more customers in California to file with the commission 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. Existing law requires the commission, by June 30, 2017, to authorize, through the Multifamily Affordable Housing Solar Roofs Program, the awarding of monetary incentives for qualifying solar energy systems that are installed on qualified multifamily affordable housing properties through December 31, 2030. Existing law imposes various requirements on public works projects, as defined, including a requirement that, at minimum, all workers employed on a public works project be paid the general prevailing rate of per diem wages for work of a similar character in the locality in which a public work is performed, as specified.This bill would require the commission, on or before March 31, 2023, 2024, to evaluate each customer renewable energy subscription program to determine if the program meets specified goals, to authorize the termination or modification of a program that does not meet those goals, to determine whether it would be beneficial to ratepayers to establish a community renewable energy program, and require that the program to establish that program if doing so would be beneficial to ratepayers. The bill would require each customer renewable energy subscription program and the community renewable energy program, if established, to comply with a specified exception to the photovoltaic requirements, requirements for low-rise residential buildings, ensure at least 51% of itssubscribers are capacity serves low-income customers or low-income service organizations, minimize impacts to nonsubscriber ratepayers, customers, prohibit its costs from being paid by nonparticipating customers, comply with those prevailing wage requirements, and provide bill credits to subscribers, as specified. The bill would require the commission to evaluate customer renewable energy subscription programs to determine if those programs meet those criteria, efficiently serve distinct customer groups, minimize duplicative offerings, and promote robust participation by low-income customers, and to authorize the termination or modification of those programs that are duplicative or do not meet those criteria. The bill would require the commission, on or before December 31, 2023, March 31, 2024, to report to the Legislature the results of its evaluation and of each customer renewable energy subscription program, its justification for terminating, modifying, or retaining those programs. each program, and whether it would be beneficial to ratepayers to establish the community renewable energy program. The bill would also require the commission, within 24 months of establishing the community renewable energy program and annually thereafter for 4 years, to submit a report to the Legislature on the facilities deployed, and customers subscribed, pursuant to the program.Existing law imposes various requirements on public works projects, as defined, including a requirement that, at minimum, all workers employed on a public works project be paid the general prevailing rate of per diem wages for work of a similar character in the locality in which a public work is performed, as specified. This bill would subject the construction of community renewable energy facilities pursuant to the program to those prevailing wage requirements.This bill would require the commission, within 24 months of adopting a decision implementing the program, and annually thereafter for 4 years, to report to the Legislature on the facilities deployed, and customers subscribed, pursuant to the program, including an analysis of low-income customer participation.Under existing law, a violation of the Public Utilities Act or an order, decision, rule, direction, demand, or requirement of the commission is a crime.Because the above provisions would be part of the act and a violation of a commission action implementing this bills requirements would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Senate August 01, 2022 Amended IN Senate June 20, 2022 Amended IN Senate June 13, 2022 Amended IN Assembly May 19, 2022 Amended IN Assembly May 02, 2022 Amended IN Assembly March 28, 2022
Amended IN Senate August 01, 2022
Amended IN Senate June 20, 2022
Amended IN Senate June 13, 2022
Amended IN Assembly May 19, 2022
Amended IN Assembly May 02, 2022
Amended IN Assembly March 28, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 2316
Introduced by Assembly Member WardFebruary 16, 2022
Introduced by Assembly Member Ward
February 16, 2022
An act to add Section 2827.2 769.3 to, and to add and repeal Section 913.15 of, the Public Utilities Code, relating to electricity.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2316, as amended, Ward. Public Utilities Commission: customer renewable energy subscription programs and the community renewable energy program.
Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law requires every electric utility, defined to include electrical corporations, local publicly owned electric utilities, and electrical cooperatives, to develop a standard contract or tariff for net energy metering, as defined, for generation by a renewable electrical generation facility, as defined, and to make this contract or tariff available to eligible customer-generators, as defined, upon request on a first-come-first-served basis until the time that the total rated generating capacity used by eligible customer generators exceeds 5% of the electric utilitys aggregate customer peak demand. For a large electrical corporation, as defined, existing law requires the commission to have developed a 2nd standard contract or tariff to provide net energy metering to additional eligible customer-generators in the electrical corporations service territory and imposes no limitation on the number of new eligible customer-generators entitled to receive service pursuant to this 2nd standard contract or tariff. Existing law requires the commission to ensure that the 2nd standard contract or tariff made available to eligible customer-generators by large electrical corporations ensures that customer-sited renewable distributed generation continues to grow sustainably. Existing law requires the commission, in developing this standard contract or tariff, to include specific alternatives designed for growth among residential customers in disadvantaged communities. Under existing law, the Green Tariff Shared Renewables Program requires an electrical corporation with 100,000 or more customers in California to file with the commission 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. Existing law requires the commission, by June 30, 2017, to authorize, through the Multifamily Affordable Housing Solar Roofs Program, the awarding of monetary incentives for qualifying solar energy systems that are installed on qualified multifamily affordable housing properties through December 31, 2030. Existing law imposes various requirements on public works projects, as defined, including a requirement that, at minimum, all workers employed on a public works project be paid the general prevailing rate of per diem wages for work of a similar character in the locality in which a public work is performed, as specified.This bill would require the commission, on or before March 31, 2023, 2024, to evaluate each customer renewable energy subscription program to determine if the program meets specified goals, to authorize the termination or modification of a program that does not meet those goals, to determine whether it would be beneficial to ratepayers to establish a community renewable energy program, and require that the program to establish that program if doing so would be beneficial to ratepayers. The bill would require each customer renewable energy subscription program and the community renewable energy program, if established, to comply with a specified exception to the photovoltaic requirements, requirements for low-rise residential buildings, ensure at least 51% of itssubscribers are capacity serves low-income customers or low-income service organizations, minimize impacts to nonsubscriber ratepayers, customers, prohibit its costs from being paid by nonparticipating customers, comply with those prevailing wage requirements, and provide bill credits to subscribers, as specified. The bill would require the commission to evaluate customer renewable energy subscription programs to determine if those programs meet those criteria, efficiently serve distinct customer groups, minimize duplicative offerings, and promote robust participation by low-income customers, and to authorize the termination or modification of those programs that are duplicative or do not meet those criteria. The bill would require the commission, on or before December 31, 2023, March 31, 2024, to report to the Legislature the results of its evaluation and of each customer renewable energy subscription program, its justification for terminating, modifying, or retaining those programs. each program, and whether it would be beneficial to ratepayers to establish the community renewable energy program. The bill would also require the commission, within 24 months of establishing the community renewable energy program and annually thereafter for 4 years, to submit a report to the Legislature on the facilities deployed, and customers subscribed, pursuant to the program.Existing law imposes various requirements on public works projects, as defined, including a requirement that, at minimum, all workers employed on a public works project be paid the general prevailing rate of per diem wages for work of a similar character in the locality in which a public work is performed, as specified. This bill would subject the construction of community renewable energy facilities pursuant to the program to those prevailing wage requirements.This bill would require the commission, within 24 months of adopting a decision implementing the program, and annually thereafter for 4 years, to report to the Legislature on the facilities deployed, and customers subscribed, pursuant to the program, including an analysis of low-income customer participation.Under existing law, a violation of the Public Utilities Act or an order, decision, rule, direction, demand, or requirement of the commission is a crime.Because the above provisions would be part of the act and a violation of a commission action implementing this bills requirements would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law requires every electric utility, defined to include electrical corporations, local publicly owned electric utilities, and electrical cooperatives, to develop a standard contract or tariff for net energy metering, as defined, for generation by a renewable electrical generation facility, as defined, and to make this contract or tariff available to eligible customer-generators, as defined, upon request on a first-come-first-served basis until the time that the total rated generating capacity used by eligible customer generators exceeds 5% of the electric utilitys aggregate customer peak demand. For a large electrical corporation, as defined, existing law requires the commission to have developed a 2nd standard contract or tariff to provide net energy metering to additional eligible customer-generators in the electrical corporations service territory and imposes no limitation on the number of new eligible customer-generators entitled to receive service pursuant to this 2nd standard contract or tariff. Existing law requires the commission to ensure that the 2nd standard contract or tariff made available to eligible customer-generators by large electrical corporations ensures that customer-sited renewable distributed generation continues to grow sustainably. Existing law requires the commission, in developing this standard contract or tariff, to include specific alternatives designed for growth among residential customers in disadvantaged communities. Under existing law, the Green Tariff Shared Renewables Program requires an electrical corporation with 100,000 or more customers in California to file with the commission 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. Existing law requires the commission, by June 30, 2017, to authorize, through the Multifamily Affordable Housing Solar Roofs Program, the awarding of monetary incentives for qualifying solar energy systems that are installed on qualified multifamily affordable housing properties through December 31, 2030.
Existing law imposes various requirements on public works projects, as defined, including a requirement that, at minimum, all workers employed on a public works project be paid the general prevailing rate of per diem wages for work of a similar character in the locality in which a public work is performed, as specified.
This bill would require the commission, on or before March 31, 2023, 2024, to evaluate each customer renewable energy subscription program to determine if the program meets specified goals, to authorize the termination or modification of a program that does not meet those goals, to determine whether it would be beneficial to ratepayers to establish a community renewable energy program, and require that the program to establish that program if doing so would be beneficial to ratepayers. The bill would require each customer renewable energy subscription program and the community renewable energy program, if established, to comply with a specified exception to the photovoltaic requirements, requirements for low-rise residential buildings, ensure at least 51% of itssubscribers are capacity serves low-income customers or low-income service organizations, minimize impacts to nonsubscriber ratepayers, customers, prohibit its costs from being paid by nonparticipating customers, comply with those prevailing wage requirements, and provide bill credits to subscribers, as specified. The bill would require the commission to evaluate customer renewable energy subscription programs to determine if those programs meet those criteria, efficiently serve distinct customer groups, minimize duplicative offerings, and promote robust participation by low-income customers, and to authorize the termination or modification of those programs that are duplicative or do not meet those criteria. The bill would require the commission, on or before December 31, 2023, March 31, 2024, to report to the Legislature the results of its evaluation and of each customer renewable energy subscription program, its justification for terminating, modifying, or retaining those programs. each program, and whether it would be beneficial to ratepayers to establish the community renewable energy program. The bill would also require the commission, within 24 months of establishing the community renewable energy program and annually thereafter for 4 years, to submit a report to the Legislature on the facilities deployed, and customers subscribed, pursuant to the program.
Existing law imposes various requirements on public works projects, as defined, including a requirement that, at minimum, all workers employed on a public works project be paid the general prevailing rate of per diem wages for work of a similar character in the locality in which a public work is performed, as specified.
This bill would subject the construction of community renewable energy facilities pursuant to the program to those prevailing wage requirements.
This bill would require the commission, within 24 months of adopting a decision implementing the program, and annually thereafter for 4 years, to report to the Legislature on the facilities deployed, and customers subscribed, pursuant to the program, including an analysis of low-income customer participation.
Under existing law, a violation of the Public Utilities Act or an order, decision, rule, direction, demand, or requirement of the commission is a crime.
Because the above provisions would be part of the act and a violation of a commission action implementing this bills requirements would be a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. (a) It is the intent of the Legislature to create a community renewable energy program so that all Californians, especially those unable to host a rooftop solar system, realize the benefits of distributed generation through a cost-effective program that provides benefits to all ratepayers.(b) The Legislature further intends to facilitate community renewable energy options that can help the state cost effectively meet the energy efficiency mandates in the California Building Standards Code.(c) The Legislature further intends to support robust low-income customer participation in the community renewable energy program that may be established pursuant to Section 2827.2 of the Public Utilities Code.SEC. 2.Section 913.15 is added to the Public Utilities Code, to read:913.15.(a)Within 24 months of adopting a decision implementing a community renewable energy program pursuant to Section 2827.2, and annually thereafter for 4 years, the commission shall submit a report to the Legislature on the facilities deployed, and customers subscribed, pursuant to that program, including an analysis of low-income customer participation.(b)This section shall remain in effect only until January 1, 2033, and as of that date is repealed.SEC. 3.Section 2827.2 is added to the Public Utilities Code, to read:2827.2.SEC. 2. Section 769.3 is added to the Public Utilities Code, to read:769.3. (a) For purposes of this section, the following definitions apply:(1)Large electrical corporation has the same meaning as defined in Section 2827.(2)(1) Low-income customer means either of the following:(A) An individual or household who qualifies for one or more of the following programs:(i) The California Alternate Rates for Energy (CARE) program described in Section 739.1.(ii) The Family Electric Rate Assistance (FERA) program described in Section 739.12.(iii) The CalFresh program established pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code.(iv) The federal Supplemental Nutrition Assistance Program (SNAP) (Chapter 51 (commencing with Section 2011) of Title 7 of the United States Code).(v) The Low-income Heating Energy Assistance Program (LIHEAP) (42 U.S.C. Sec. 8621).(vi) The federal Head Start Program (42 U.S.C. Sec. 9801 et seq.).(B) An individual or household who resides within an underserved community, as defined in Section 1601. community.(3)Low-income service organization means an organization or nonprofit whose primary function is to provide services, assistance, or housing to low-income customers, and may include, but is not limited to, a local or central tribal government or a tribally designated housing entity.(4)Subscriber means a distribution customer of a large electrical corporation who owns one or more subscriptions of a community renewable energy facility. A subscriber shall be located in the same large electrical corporation service territory where the community renewable energy facility to which the subscriber is subscribed is located.(2) Underserved community includes each of the following:(A) A disadvantaged community as defined in Section 75005 of the Public Resources Code.(B) A low-income community as defined in Section 39713 of Health and Safety Code.(C) A community within an area identified as among the 25 percent most disadvantaged areas in the state according to the California Environmental Protection Agency and based on the most recent California Communities Environmental Health Screening Tool, also known as CalEnviroScreen, that is used to identify disadvantaged communities pursuant to Section 39711 of the Health and Safety Code.(D) A community located on lands belonging to a California Native American tribe, as defined in Section 21073 of the Public Resources Code.(b) On or before March 31, 2023, 2024, the commission shall open a proceeding to shall, in a new or existing proceeding, do all of the following:(1) (A) Evaluate each customer renewable energy subscription program, including the Green Tariff Shared Renewables Program (Chapter 7.6 (commencing with Section 2831) of Part 2), to determine if the program meets all of the following goals:(i) Efficiently serves distinct customer groups.(ii) Minimizes duplicative offerings.(iii) Promotes robust participation by low-income customers.(iv) Satisfies the criteria described in subdivision (c).(B) Consider, as part of the evaluation, the energy load migration trends among bundled and nonbundled customers and any associated risks with maintaining or creating a customer renewable energy subscription program.(C) If the commission determines a customer renewable energy subscription program does not meet all of the goals described in subparagraph (A), authorize the termination or modification of the program.(2) Determine whether it would be beneficial to ratepayers to establish a new tariff or program, or modify an existing tariff or program, to establish a community renewable energy program. program consistent with the criteria described in subdivision (c). If the commission determines that it would be beneficial to ratepayers to establish the community renewable energy program, the commission shall, on or before July 1, 2024, establish the program as part of the same proceeding.(c) The Each customer renewable energy subscription program and the community renewable energy program program, if established, shall do all of the following:(1) Comply with the community shared solar electric generation system, other renewable electric generation system, and community shared battery storage system exception to the photovoltaic requirements for low-rise residential buildings set forth in Section 150.1(c)(14) 150.1 of Part 6 of Title 24 of the California Code of Regulations.(2) Ensure at least 51 percent of subscribers are the programs capacity serves low-income customers or low-income service organizations. customers.(3) Minimize impacts to nonsubscriber ratepayers. If the commission determines financial incentives are necessary to generate participation in the community renewable energy program, the commission shall ensure those incentives exclusively support subscriptions by low-income customers or low-income service organizations. nonparticipating customers by prohibiting the programs costs from being paid by nonparticipating customers in excess of those costs associated with incidental inaccuracies of the avoided cost calculator. Qualifying funds for those financial incentives shall only be availableeither through an appropriation by the Legislature or select ratepayer funds for programs for which distributed solar, battery storage, or wind resources are otherwise eligible. Legislature.(4) Notwithstanding paragraph (1) of subdivision (a) of Section 1720 of the Labor Code, subject construction of community renewable energy the programs facilities to prevailing wage for purposes of Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the Labor Code.(5) Provide bill credits to subscribers based on the avoided costs of the community renewable energy facility, programs facilities, as determined by the commissions methods for calculating the full set of benefits of distributed energy resources.(d)(1)As part of the proceeding, the commission shall evaluate customer renewable energy subscription programs to determine if those programs meet the criteria described in subdivision (c), efficiently serve distinct customer groups, minimize duplicative offerings, and promote robust participation by low-income customers. If a duplicative customer renewable energy subscription program exists, or if a customer renewable energy subscription program does not meet the criteria described in subdivision (c), the commission shall authorize the termination or modification of that program.(2)(A)On or before December 31, 2023, the commission shall report to the Legislature the results of its evaluation and its justification for terminating, modifying, or retaining each customer renewable energy subscription program.(B)The requirement for submitting a report imposed under subparagraph (A) is inoperative on December 31, 2027, pursuant to Section 10231.5 of the Government Code.(C)A report to be submitted pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code.SEC. 3. Section 913.15 is added to the Public Utilities Code, to read:913.15. (a) Within 24 months of establishing a community renewable energy program pursuant to Section 769.3, if applicable, and annually thereafter for four years, the commission shall submit a report to the Legislature on the facilities deployed and customers subscribed, pursuant to that program, including an analysis of low-income customer participation.(b) On or before March 31, 2024, the commission shall report to the Legislature on its actions taken pursuant to subdivision (b) of Section 769.3 and its justification for terminating, modifying, or retaining each customer renewable energy subscription program pursuant to that subdivision.(c) This section shall remain in effect only until January 1, 2034, and as of that date is repealed.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. (a) It is the intent of the Legislature to create a community renewable energy program so that all Californians, especially those unable to host a rooftop solar system, realize the benefits of distributed generation through a cost-effective program that provides benefits to all ratepayers.(b) The Legislature further intends to facilitate community renewable energy options that can help the state cost effectively meet the energy efficiency mandates in the California Building Standards Code.(c) The Legislature further intends to support robust low-income customer participation in the community renewable energy program that may be established pursuant to Section 2827.2 of the Public Utilities Code.
SECTION 1. (a) It is the intent of the Legislature to create a community renewable energy program so that all Californians, especially those unable to host a rooftop solar system, realize the benefits of distributed generation through a cost-effective program that provides benefits to all ratepayers.(b) The Legislature further intends to facilitate community renewable energy options that can help the state cost effectively meet the energy efficiency mandates in the California Building Standards Code.(c) The Legislature further intends to support robust low-income customer participation in the community renewable energy program that may be established pursuant to Section 2827.2 of the Public Utilities Code.
SECTION 1. (a) It is the intent of the Legislature to create a community renewable energy program so that all Californians, especially those unable to host a rooftop solar system, realize the benefits of distributed generation through a cost-effective program that provides benefits to all ratepayers.
### SECTION 1.
(b) The Legislature further intends to facilitate community renewable energy options that can help the state cost effectively meet the energy efficiency mandates in the California Building Standards Code.
(c) The Legislature further intends to support robust low-income customer participation in the community renewable energy program that may be established pursuant to Section 2827.2 of the Public Utilities Code.
(a)Within 24 months of adopting a decision implementing a community renewable energy program pursuant to Section 2827.2, and annually thereafter for 4 years, the commission shall submit a report to the Legislature on the facilities deployed, and customers subscribed, pursuant to that program, including an analysis of low-income customer participation.
(b)This section shall remain in effect only until January 1, 2033, and as of that date is repealed.
SEC. 2. Section 769.3 is added to the Public Utilities Code, to read:769.3. (a) For purposes of this section, the following definitions apply:(1)Large electrical corporation has the same meaning as defined in Section 2827.(2)(1) Low-income customer means either of the following:(A) An individual or household who qualifies for one or more of the following programs:(i) The California Alternate Rates for Energy (CARE) program described in Section 739.1.(ii) The Family Electric Rate Assistance (FERA) program described in Section 739.12.(iii) The CalFresh program established pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code.(iv) The federal Supplemental Nutrition Assistance Program (SNAP) (Chapter 51 (commencing with Section 2011) of Title 7 of the United States Code).(v) The Low-income Heating Energy Assistance Program (LIHEAP) (42 U.S.C. Sec. 8621).(vi) The federal Head Start Program (42 U.S.C. Sec. 9801 et seq.).(B) An individual or household who resides within an underserved community, as defined in Section 1601. community.(3)Low-income service organization means an organization or nonprofit whose primary function is to provide services, assistance, or housing to low-income customers, and may include, but is not limited to, a local or central tribal government or a tribally designated housing entity.(4)Subscriber means a distribution customer of a large electrical corporation who owns one or more subscriptions of a community renewable energy facility. A subscriber shall be located in the same large electrical corporation service territory where the community renewable energy facility to which the subscriber is subscribed is located.(2) Underserved community includes each of the following:(A) A disadvantaged community as defined in Section 75005 of the Public Resources Code.(B) A low-income community as defined in Section 39713 of Health and Safety Code.(C) A community within an area identified as among the 25 percent most disadvantaged areas in the state according to the California Environmental Protection Agency and based on the most recent California Communities Environmental Health Screening Tool, also known as CalEnviroScreen, that is used to identify disadvantaged communities pursuant to Section 39711 of the Health and Safety Code.(D) A community located on lands belonging to a California Native American tribe, as defined in Section 21073 of the Public Resources Code.(b) On or before March 31, 2023, 2024, the commission shall open a proceeding to shall, in a new or existing proceeding, do all of the following:(1) (A) Evaluate each customer renewable energy subscription program, including the Green Tariff Shared Renewables Program (Chapter 7.6 (commencing with Section 2831) of Part 2), to determine if the program meets all of the following goals:(i) Efficiently serves distinct customer groups.(ii) Minimizes duplicative offerings.(iii) Promotes robust participation by low-income customers.(iv) Satisfies the criteria described in subdivision (c).(B) Consider, as part of the evaluation, the energy load migration trends among bundled and nonbundled customers and any associated risks with maintaining or creating a customer renewable energy subscription program.(C) If the commission determines a customer renewable energy subscription program does not meet all of the goals described in subparagraph (A), authorize the termination or modification of the program.(2) Determine whether it would be beneficial to ratepayers to establish a new tariff or program, or modify an existing tariff or program, to establish a community renewable energy program. program consistent with the criteria described in subdivision (c). If the commission determines that it would be beneficial to ratepayers to establish the community renewable energy program, the commission shall, on or before July 1, 2024, establish the program as part of the same proceeding.(c) The Each customer renewable energy subscription program and the community renewable energy program program, if established, shall do all of the following:(1) Comply with the community shared solar electric generation system, other renewable electric generation system, and community shared battery storage system exception to the photovoltaic requirements for low-rise residential buildings set forth in Section 150.1(c)(14) 150.1 of Part 6 of Title 24 of the California Code of Regulations.(2) Ensure at least 51 percent of subscribers are the programs capacity serves low-income customers or low-income service organizations. customers.(3) Minimize impacts to nonsubscriber ratepayers. If the commission determines financial incentives are necessary to generate participation in the community renewable energy program, the commission shall ensure those incentives exclusively support subscriptions by low-income customers or low-income service organizations. nonparticipating customers by prohibiting the programs costs from being paid by nonparticipating customers in excess of those costs associated with incidental inaccuracies of the avoided cost calculator. Qualifying funds for those financial incentives shall only be availableeither through an appropriation by the Legislature or select ratepayer funds for programs for which distributed solar, battery storage, or wind resources are otherwise eligible. Legislature.(4) Notwithstanding paragraph (1) of subdivision (a) of Section 1720 of the Labor Code, subject construction of community renewable energy the programs facilities to prevailing wage for purposes of Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the Labor Code.(5) Provide bill credits to subscribers based on the avoided costs of the community renewable energy facility, programs facilities, as determined by the commissions methods for calculating the full set of benefits of distributed energy resources.(d)(1)As part of the proceeding, the commission shall evaluate customer renewable energy subscription programs to determine if those programs meet the criteria described in subdivision (c), efficiently serve distinct customer groups, minimize duplicative offerings, and promote robust participation by low-income customers. If a duplicative customer renewable energy subscription program exists, or if a customer renewable energy subscription program does not meet the criteria described in subdivision (c), the commission shall authorize the termination or modification of that program.(2)(A)On or before December 31, 2023, the commission shall report to the Legislature the results of its evaluation and its justification for terminating, modifying, or retaining each customer renewable energy subscription program.(B)The requirement for submitting a report imposed under subparagraph (A) is inoperative on December 31, 2027, pursuant to Section 10231.5 of the Government Code.(C)A report to be submitted pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 2. Section 769.3 is added to the Public Utilities Code, to read:
### SEC. 2.
769.3. (a) For purposes of this section, the following definitions apply:(1)Large electrical corporation has the same meaning as defined in Section 2827.(2)(1) Low-income customer means either of the following:(A) An individual or household who qualifies for one or more of the following programs:(i) The California Alternate Rates for Energy (CARE) program described in Section 739.1.(ii) The Family Electric Rate Assistance (FERA) program described in Section 739.12.(iii) The CalFresh program established pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code.(iv) The federal Supplemental Nutrition Assistance Program (SNAP) (Chapter 51 (commencing with Section 2011) of Title 7 of the United States Code).(v) The Low-income Heating Energy Assistance Program (LIHEAP) (42 U.S.C. Sec. 8621).(vi) The federal Head Start Program (42 U.S.C. Sec. 9801 et seq.).(B) An individual or household who resides within an underserved community, as defined in Section 1601. community.(3)Low-income service organization means an organization or nonprofit whose primary function is to provide services, assistance, or housing to low-income customers, and may include, but is not limited to, a local or central tribal government or a tribally designated housing entity.(4)Subscriber means a distribution customer of a large electrical corporation who owns one or more subscriptions of a community renewable energy facility. A subscriber shall be located in the same large electrical corporation service territory where the community renewable energy facility to which the subscriber is subscribed is located.(2) Underserved community includes each of the following:(A) A disadvantaged community as defined in Section 75005 of the Public Resources Code.(B) A low-income community as defined in Section 39713 of Health and Safety Code.(C) A community within an area identified as among the 25 percent most disadvantaged areas in the state according to the California Environmental Protection Agency and based on the most recent California Communities Environmental Health Screening Tool, also known as CalEnviroScreen, that is used to identify disadvantaged communities pursuant to Section 39711 of the Health and Safety Code.(D) A community located on lands belonging to a California Native American tribe, as defined in Section 21073 of the Public Resources Code.(b) On or before March 31, 2023, 2024, the commission shall open a proceeding to shall, in a new or existing proceeding, do all of the following:(1) (A) Evaluate each customer renewable energy subscription program, including the Green Tariff Shared Renewables Program (Chapter 7.6 (commencing with Section 2831) of Part 2), to determine if the program meets all of the following goals:(i) Efficiently serves distinct customer groups.(ii) Minimizes duplicative offerings.(iii) Promotes robust participation by low-income customers.(iv) Satisfies the criteria described in subdivision (c).(B) Consider, as part of the evaluation, the energy load migration trends among bundled and nonbundled customers and any associated risks with maintaining or creating a customer renewable energy subscription program.(C) If the commission determines a customer renewable energy subscription program does not meet all of the goals described in subparagraph (A), authorize the termination or modification of the program.(2) Determine whether it would be beneficial to ratepayers to establish a new tariff or program, or modify an existing tariff or program, to establish a community renewable energy program. program consistent with the criteria described in subdivision (c). If the commission determines that it would be beneficial to ratepayers to establish the community renewable energy program, the commission shall, on or before July 1, 2024, establish the program as part of the same proceeding.(c) The Each customer renewable energy subscription program and the community renewable energy program program, if established, shall do all of the following:(1) Comply with the community shared solar electric generation system, other renewable electric generation system, and community shared battery storage system exception to the photovoltaic requirements for low-rise residential buildings set forth in Section 150.1(c)(14) 150.1 of Part 6 of Title 24 of the California Code of Regulations.(2) Ensure at least 51 percent of subscribers are the programs capacity serves low-income customers or low-income service organizations. customers.(3) Minimize impacts to nonsubscriber ratepayers. If the commission determines financial incentives are necessary to generate participation in the community renewable energy program, the commission shall ensure those incentives exclusively support subscriptions by low-income customers or low-income service organizations. nonparticipating customers by prohibiting the programs costs from being paid by nonparticipating customers in excess of those costs associated with incidental inaccuracies of the avoided cost calculator. Qualifying funds for those financial incentives shall only be availableeither through an appropriation by the Legislature or select ratepayer funds for programs for which distributed solar, battery storage, or wind resources are otherwise eligible. Legislature.(4) Notwithstanding paragraph (1) of subdivision (a) of Section 1720 of the Labor Code, subject construction of community renewable energy the programs facilities to prevailing wage for purposes of Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the Labor Code.(5) Provide bill credits to subscribers based on the avoided costs of the community renewable energy facility, programs facilities, as determined by the commissions methods for calculating the full set of benefits of distributed energy resources.(d)(1)As part of the proceeding, the commission shall evaluate customer renewable energy subscription programs to determine if those programs meet the criteria described in subdivision (c), efficiently serve distinct customer groups, minimize duplicative offerings, and promote robust participation by low-income customers. If a duplicative customer renewable energy subscription program exists, or if a customer renewable energy subscription program does not meet the criteria described in subdivision (c), the commission shall authorize the termination or modification of that program.(2)(A)On or before December 31, 2023, the commission shall report to the Legislature the results of its evaluation and its justification for terminating, modifying, or retaining each customer renewable energy subscription program.(B)The requirement for submitting a report imposed under subparagraph (A) is inoperative on December 31, 2027, pursuant to Section 10231.5 of the Government Code.(C)A report to be submitted pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code.
769.3. (a) For purposes of this section, the following definitions apply:(1)Large electrical corporation has the same meaning as defined in Section 2827.(2)(1) Low-income customer means either of the following:(A) An individual or household who qualifies for one or more of the following programs:(i) The California Alternate Rates for Energy (CARE) program described in Section 739.1.(ii) The Family Electric Rate Assistance (FERA) program described in Section 739.12.(iii) The CalFresh program established pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code.(iv) The federal Supplemental Nutrition Assistance Program (SNAP) (Chapter 51 (commencing with Section 2011) of Title 7 of the United States Code).(v) The Low-income Heating Energy Assistance Program (LIHEAP) (42 U.S.C. Sec. 8621).(vi) The federal Head Start Program (42 U.S.C. Sec. 9801 et seq.).(B) An individual or household who resides within an underserved community, as defined in Section 1601. community.(3)Low-income service organization means an organization or nonprofit whose primary function is to provide services, assistance, or housing to low-income customers, and may include, but is not limited to, a local or central tribal government or a tribally designated housing entity.(4)Subscriber means a distribution customer of a large electrical corporation who owns one or more subscriptions of a community renewable energy facility. A subscriber shall be located in the same large electrical corporation service territory where the community renewable energy facility to which the subscriber is subscribed is located.(2) Underserved community includes each of the following:(A) A disadvantaged community as defined in Section 75005 of the Public Resources Code.(B) A low-income community as defined in Section 39713 of Health and Safety Code.(C) A community within an area identified as among the 25 percent most disadvantaged areas in the state according to the California Environmental Protection Agency and based on the most recent California Communities Environmental Health Screening Tool, also known as CalEnviroScreen, that is used to identify disadvantaged communities pursuant to Section 39711 of the Health and Safety Code.(D) A community located on lands belonging to a California Native American tribe, as defined in Section 21073 of the Public Resources Code.(b) On or before March 31, 2023, 2024, the commission shall open a proceeding to shall, in a new or existing proceeding, do all of the following:(1) (A) Evaluate each customer renewable energy subscription program, including the Green Tariff Shared Renewables Program (Chapter 7.6 (commencing with Section 2831) of Part 2), to determine if the program meets all of the following goals:(i) Efficiently serves distinct customer groups.(ii) Minimizes duplicative offerings.(iii) Promotes robust participation by low-income customers.(iv) Satisfies the criteria described in subdivision (c).(B) Consider, as part of the evaluation, the energy load migration trends among bundled and nonbundled customers and any associated risks with maintaining or creating a customer renewable energy subscription program.(C) If the commission determines a customer renewable energy subscription program does not meet all of the goals described in subparagraph (A), authorize the termination or modification of the program.(2) Determine whether it would be beneficial to ratepayers to establish a new tariff or program, or modify an existing tariff or program, to establish a community renewable energy program. program consistent with the criteria described in subdivision (c). If the commission determines that it would be beneficial to ratepayers to establish the community renewable energy program, the commission shall, on or before July 1, 2024, establish the program as part of the same proceeding.(c) The Each customer renewable energy subscription program and the community renewable energy program program, if established, shall do all of the following:(1) Comply with the community shared solar electric generation system, other renewable electric generation system, and community shared battery storage system exception to the photovoltaic requirements for low-rise residential buildings set forth in Section 150.1(c)(14) 150.1 of Part 6 of Title 24 of the California Code of Regulations.(2) Ensure at least 51 percent of subscribers are the programs capacity serves low-income customers or low-income service organizations. customers.(3) Minimize impacts to nonsubscriber ratepayers. If the commission determines financial incentives are necessary to generate participation in the community renewable energy program, the commission shall ensure those incentives exclusively support subscriptions by low-income customers or low-income service organizations. nonparticipating customers by prohibiting the programs costs from being paid by nonparticipating customers in excess of those costs associated with incidental inaccuracies of the avoided cost calculator. Qualifying funds for those financial incentives shall only be availableeither through an appropriation by the Legislature or select ratepayer funds for programs for which distributed solar, battery storage, or wind resources are otherwise eligible. Legislature.(4) Notwithstanding paragraph (1) of subdivision (a) of Section 1720 of the Labor Code, subject construction of community renewable energy the programs facilities to prevailing wage for purposes of Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the Labor Code.(5) Provide bill credits to subscribers based on the avoided costs of the community renewable energy facility, programs facilities, as determined by the commissions methods for calculating the full set of benefits of distributed energy resources.(d)(1)As part of the proceeding, the commission shall evaluate customer renewable energy subscription programs to determine if those programs meet the criteria described in subdivision (c), efficiently serve distinct customer groups, minimize duplicative offerings, and promote robust participation by low-income customers. If a duplicative customer renewable energy subscription program exists, or if a customer renewable energy subscription program does not meet the criteria described in subdivision (c), the commission shall authorize the termination or modification of that program.(2)(A)On or before December 31, 2023, the commission shall report to the Legislature the results of its evaluation and its justification for terminating, modifying, or retaining each customer renewable energy subscription program.(B)The requirement for submitting a report imposed under subparagraph (A) is inoperative on December 31, 2027, pursuant to Section 10231.5 of the Government Code.(C)A report to be submitted pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code.
769.3. (a) For purposes of this section, the following definitions apply:(1)Large electrical corporation has the same meaning as defined in Section 2827.(2)(1) Low-income customer means either of the following:(A) An individual or household who qualifies for one or more of the following programs:(i) The California Alternate Rates for Energy (CARE) program described in Section 739.1.(ii) The Family Electric Rate Assistance (FERA) program described in Section 739.12.(iii) The CalFresh program established pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code.(iv) The federal Supplemental Nutrition Assistance Program (SNAP) (Chapter 51 (commencing with Section 2011) of Title 7 of the United States Code).(v) The Low-income Heating Energy Assistance Program (LIHEAP) (42 U.S.C. Sec. 8621).(vi) The federal Head Start Program (42 U.S.C. Sec. 9801 et seq.).(B) An individual or household who resides within an underserved community, as defined in Section 1601. community.(3)Low-income service organization means an organization or nonprofit whose primary function is to provide services, assistance, or housing to low-income customers, and may include, but is not limited to, a local or central tribal government or a tribally designated housing entity.(4)Subscriber means a distribution customer of a large electrical corporation who owns one or more subscriptions of a community renewable energy facility. A subscriber shall be located in the same large electrical corporation service territory where the community renewable energy facility to which the subscriber is subscribed is located.(2) Underserved community includes each of the following:(A) A disadvantaged community as defined in Section 75005 of the Public Resources Code.(B) A low-income community as defined in Section 39713 of Health and Safety Code.(C) A community within an area identified as among the 25 percent most disadvantaged areas in the state according to the California Environmental Protection Agency and based on the most recent California Communities Environmental Health Screening Tool, also known as CalEnviroScreen, that is used to identify disadvantaged communities pursuant to Section 39711 of the Health and Safety Code.(D) A community located on lands belonging to a California Native American tribe, as defined in Section 21073 of the Public Resources Code.(b) On or before March 31, 2023, 2024, the commission shall open a proceeding to shall, in a new or existing proceeding, do all of the following:(1) (A) Evaluate each customer renewable energy subscription program, including the Green Tariff Shared Renewables Program (Chapter 7.6 (commencing with Section 2831) of Part 2), to determine if the program meets all of the following goals:(i) Efficiently serves distinct customer groups.(ii) Minimizes duplicative offerings.(iii) Promotes robust participation by low-income customers.(iv) Satisfies the criteria described in subdivision (c).(B) Consider, as part of the evaluation, the energy load migration trends among bundled and nonbundled customers and any associated risks with maintaining or creating a customer renewable energy subscription program.(C) If the commission determines a customer renewable energy subscription program does not meet all of the goals described in subparagraph (A), authorize the termination or modification of the program.(2) Determine whether it would be beneficial to ratepayers to establish a new tariff or program, or modify an existing tariff or program, to establish a community renewable energy program. program consistent with the criteria described in subdivision (c). If the commission determines that it would be beneficial to ratepayers to establish the community renewable energy program, the commission shall, on or before July 1, 2024, establish the program as part of the same proceeding.(c) The Each customer renewable energy subscription program and the community renewable energy program program, if established, shall do all of the following:(1) Comply with the community shared solar electric generation system, other renewable electric generation system, and community shared battery storage system exception to the photovoltaic requirements for low-rise residential buildings set forth in Section 150.1(c)(14) 150.1 of Part 6 of Title 24 of the California Code of Regulations.(2) Ensure at least 51 percent of subscribers are the programs capacity serves low-income customers or low-income service organizations. customers.(3) Minimize impacts to nonsubscriber ratepayers. If the commission determines financial incentives are necessary to generate participation in the community renewable energy program, the commission shall ensure those incentives exclusively support subscriptions by low-income customers or low-income service organizations. nonparticipating customers by prohibiting the programs costs from being paid by nonparticipating customers in excess of those costs associated with incidental inaccuracies of the avoided cost calculator. Qualifying funds for those financial incentives shall only be availableeither through an appropriation by the Legislature or select ratepayer funds for programs for which distributed solar, battery storage, or wind resources are otherwise eligible. Legislature.(4) Notwithstanding paragraph (1) of subdivision (a) of Section 1720 of the Labor Code, subject construction of community renewable energy the programs facilities to prevailing wage for purposes of Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the Labor Code.(5) Provide bill credits to subscribers based on the avoided costs of the community renewable energy facility, programs facilities, as determined by the commissions methods for calculating the full set of benefits of distributed energy resources.(d)(1)As part of the proceeding, the commission shall evaluate customer renewable energy subscription programs to determine if those programs meet the criteria described in subdivision (c), efficiently serve distinct customer groups, minimize duplicative offerings, and promote robust participation by low-income customers. If a duplicative customer renewable energy subscription program exists, or if a customer renewable energy subscription program does not meet the criteria described in subdivision (c), the commission shall authorize the termination or modification of that program.(2)(A)On or before December 31, 2023, the commission shall report to the Legislature the results of its evaluation and its justification for terminating, modifying, or retaining each customer renewable energy subscription program.(B)The requirement for submitting a report imposed under subparagraph (A) is inoperative on December 31, 2027, pursuant to Section 10231.5 of the Government Code.(C)A report to be submitted pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code.
769.3. (a) For purposes of this section, the following definitions apply:
(1)Large electrical corporation has the same meaning as defined in Section 2827.
(2)
(1) Low-income customer means either of the following:
(A) An individual or household who qualifies for one or more of the following programs:
(i) The California Alternate Rates for Energy (CARE) program described in Section 739.1.
(ii) The Family Electric Rate Assistance (FERA) program described in Section 739.12.
(iii) The CalFresh program established pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code.
(iv) The federal Supplemental Nutrition Assistance Program (SNAP) (Chapter 51 (commencing with Section 2011) of Title 7 of the United States Code).
(v) The Low-income Heating Energy Assistance Program (LIHEAP) (42 U.S.C. Sec. 8621).
(vi) The federal Head Start Program (42 U.S.C. Sec. 9801 et seq.).
(B) An individual or household who resides within an underserved community, as defined in Section 1601. community.
(3)Low-income service organization means an organization or nonprofit whose primary function is to provide services, assistance, or housing to low-income customers, and may include, but is not limited to, a local or central tribal government or a tribally designated housing entity.
(4)Subscriber means a distribution customer of a large electrical corporation who owns one or more subscriptions of a community renewable energy facility. A subscriber shall be located in the same large electrical corporation service territory where the community renewable energy facility to which the subscriber is subscribed is located.
(2) Underserved community includes each of the following:
(A) A disadvantaged community as defined in Section 75005 of the Public Resources Code.
(B) A low-income community as defined in Section 39713 of Health and Safety Code.
(C) A community within an area identified as among the 25 percent most disadvantaged areas in the state according to the California Environmental Protection Agency and based on the most recent California Communities Environmental Health Screening Tool, also known as CalEnviroScreen, that is used to identify disadvantaged communities pursuant to Section 39711 of the Health and Safety Code.
(D) A community located on lands belonging to a California Native American tribe, as defined in Section 21073 of the Public Resources Code.
(b) On or before March 31, 2023, 2024, the commission shall open a proceeding to shall, in a new or existing proceeding, do all of the following:
(1) (A) Evaluate each customer renewable energy subscription program, including the Green Tariff Shared Renewables Program (Chapter 7.6 (commencing with Section 2831) of Part 2), to determine if the program meets all of the following goals:
(i) Efficiently serves distinct customer groups.
(ii) Minimizes duplicative offerings.
(iii) Promotes robust participation by low-income customers.
(iv) Satisfies the criteria described in subdivision (c).
(B) Consider, as part of the evaluation, the energy load migration trends among bundled and nonbundled customers and any associated risks with maintaining or creating a customer renewable energy subscription program.
(C) If the commission determines a customer renewable energy subscription program does not meet all of the goals described in subparagraph (A), authorize the termination or modification of the program.
(2) Determine whether it would be beneficial to ratepayers to establish a new tariff or program, or modify an existing tariff or program, to establish a community renewable energy program. program consistent with the criteria described in subdivision (c). If the commission determines that it would be beneficial to ratepayers to establish the community renewable energy program, the commission shall, on or before July 1, 2024, establish the program as part of the same proceeding.
(c) The Each customer renewable energy subscription program and the community renewable energy program program, if established, shall do all of the following:
(1) Comply with the community shared solar electric generation system, other renewable electric generation system, and community shared battery storage system exception to the photovoltaic requirements for low-rise residential buildings set forth in Section 150.1(c)(14) 150.1 of Part 6 of Title 24 of the California Code of Regulations.
(2) Ensure at least 51 percent of subscribers are the programs capacity serves low-income customers or low-income service organizations. customers.
(3) Minimize impacts to nonsubscriber ratepayers. If the commission determines financial incentives are necessary to generate participation in the community renewable energy program, the commission shall ensure those incentives exclusively support subscriptions by low-income customers or low-income service organizations. nonparticipating customers by prohibiting the programs costs from being paid by nonparticipating customers in excess of those costs associated with incidental inaccuracies of the avoided cost calculator. Qualifying funds for those financial incentives shall only be availableeither through an appropriation by the Legislature or select ratepayer funds for programs for which distributed solar, battery storage, or wind resources are otherwise eligible. Legislature.
(4) Notwithstanding paragraph (1) of subdivision (a) of Section 1720 of the Labor Code, subject construction of community renewable energy the programs facilities to prevailing wage for purposes of Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the Labor Code.
(5) Provide bill credits to subscribers based on the avoided costs of the community renewable energy facility, programs facilities, as determined by the commissions methods for calculating the full set of benefits of distributed energy resources.
(d)(1)As part of the proceeding, the commission shall evaluate customer renewable energy subscription programs to determine if those programs meet the criteria described in subdivision (c), efficiently serve distinct customer groups, minimize duplicative offerings, and promote robust participation by low-income customers. If a duplicative customer renewable energy subscription program exists, or if a customer renewable energy subscription program does not meet the criteria described in subdivision (c), the commission shall authorize the termination or modification of that program.
(2)(A)On or before December 31, 2023, the commission shall report to the Legislature the results of its evaluation and its justification for terminating, modifying, or retaining each customer renewable energy subscription program.
(B)The requirement for submitting a report imposed under subparagraph (A) is inoperative on December 31, 2027, pursuant to Section 10231.5 of the Government Code.
(C)A report to be submitted pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 3. Section 913.15 is added to the Public Utilities Code, to read:913.15. (a) Within 24 months of establishing a community renewable energy program pursuant to Section 769.3, if applicable, and annually thereafter for four years, the commission shall submit a report to the Legislature on the facilities deployed and customers subscribed, pursuant to that program, including an analysis of low-income customer participation.(b) On or before March 31, 2024, the commission shall report to the Legislature on its actions taken pursuant to subdivision (b) of Section 769.3 and its justification for terminating, modifying, or retaining each customer renewable energy subscription program pursuant to that subdivision.(c) This section shall remain in effect only until January 1, 2034, and as of that date is repealed.
SEC. 3. Section 913.15 is added to the Public Utilities Code, to read:
### SEC. 3.
913.15. (a) Within 24 months of establishing a community renewable energy program pursuant to Section 769.3, if applicable, and annually thereafter for four years, the commission shall submit a report to the Legislature on the facilities deployed and customers subscribed, pursuant to that program, including an analysis of low-income customer participation.(b) On or before March 31, 2024, the commission shall report to the Legislature on its actions taken pursuant to subdivision (b) of Section 769.3 and its justification for terminating, modifying, or retaining each customer renewable energy subscription program pursuant to that subdivision.(c) This section shall remain in effect only until January 1, 2034, and as of that date is repealed.
913.15. (a) Within 24 months of establishing a community renewable energy program pursuant to Section 769.3, if applicable, and annually thereafter for four years, the commission shall submit a report to the Legislature on the facilities deployed and customers subscribed, pursuant to that program, including an analysis of low-income customer participation.(b) On or before March 31, 2024, the commission shall report to the Legislature on its actions taken pursuant to subdivision (b) of Section 769.3 and its justification for terminating, modifying, or retaining each customer renewable energy subscription program pursuant to that subdivision.(c) This section shall remain in effect only until January 1, 2034, and as of that date is repealed.
913.15. (a) Within 24 months of establishing a community renewable energy program pursuant to Section 769.3, if applicable, and annually thereafter for four years, the commission shall submit a report to the Legislature on the facilities deployed and customers subscribed, pursuant to that program, including an analysis of low-income customer participation.(b) On or before March 31, 2024, the commission shall report to the Legislature on its actions taken pursuant to subdivision (b) of Section 769.3 and its justification for terminating, modifying, or retaining each customer renewable energy subscription program pursuant to that subdivision.(c) This section shall remain in effect only until January 1, 2034, and as of that date is repealed.
913.15. (a) Within 24 months of establishing a community renewable energy program pursuant to Section 769.3, if applicable, and annually thereafter for four years, the commission shall submit a report to the Legislature on the facilities deployed and customers subscribed, pursuant to that program, including an analysis of low-income customer participation.
(b) On or before March 31, 2024, the commission shall report to the Legislature on its actions taken pursuant to subdivision (b) of Section 769.3 and its justification for terminating, modifying, or retaining each customer renewable energy subscription program pursuant to that subdivision.
(c) This section shall remain in effect only until January 1, 2034, and as of that date is repealed.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 4.