2005 California Public Utilities Code Sections 385-387 Article 8. Publicly Owned Utilities

385.  (a) Each local publicly owned electric utility shall establish
a nonbypassable, usage based charge on local distribution service of
not less than the lowest expenditure level of the three largest
electrical corporations in California on a percent of revenue basis,
calculated from each utility's total revenue requirement for the year
ended December 31, 1994, and each utility's total annual expenditure
under paragraphs (1), (2), and (3) of subdivision (c) of Section 381
and Section 382, to fund investments by the utility and other
parties in any or all of the following:
   (1) Cost-effective demand-side management services to promote
energy efficiency and energy conservation.
   (2) New investment in renewable energy resources and technologies
consistent with existing statutes and regulations which promote those
resources and technologies.
   (3) Research, development and demonstration programs for the
public interest to advance science or technology which is not
adequately provided by competitive and regulated markets.
   (4) Services provided for low-income electricity customers,
including, but not limited to, energy efficiency services, education,
weatherization, and rate discounts.
   (b) Each local publicly owned electric utility that has not
implemented programs for low-income electricity customers including
targeted energy efficiency services and rate discounts based upon the
income level of the customer, or completed an assessment of need for
those programs, on or before December 31, 2000, shall perform a
needs assessment for the programs described in paragraph (4) of
subdivision (a) and shall hold one or more public meetings, after
notice, to review the findings of the needs assessment.  Following
the public meetings, the governing body of the local publicly owned
electric utility shall determine the amount of the total funds
collected pursuant to this section to be allocated to low-income
programs, including, but not limited to, targeted energy efficiency
services, education, weatherization, and rate discounts.  In making
its decision on the need for the programs, the governing body shall
consider all of the following:
   (1) The number and income level of low-income customers that
reside in the service area of the utility.
   (2) The availability of home weatherization services to low-income
customers pursuant to Section 2790.
   (3) The availability of in-home energy efficiency education in the
utility's service area.
   (4) Other factors that may indicate a need for low-income
services.
   (c) Following a determination pursuant to subdivision (b) that
low-income services are needed, the local publicly owned utility
shall promptly implement or expand those programs.  The local
publicly owned electric utility shall work with existing
weatherization providers to implement energy efficiency, education,
and weatherization programs.
386.  (a) Each local publicly owned electric utility shall ensure
the following:
   (1) Low-income families within the utility's service territory
have access to affordable electricity.
   (2) The current level of assistance reflects the level of need.
   (3) Low-income families are afforded no-cost and low-cost energy
efficiency measures that reduce energy consumption.
   (b) The local publicly owned electric utility shall consider
increasing the level of the discount or raising the eligibility level
for any existing rate assistance program to be reflective of
customer need.
   (c) A publicly owned electric utility shall streamline enrollment
for low-income programs by collaborating with existing providers for
the Low-Income Home Energy Assistance Program (LIHEAP) and other
electric or gas providers within the same service territory.
   (d) A local publicly owned electric utility shall establish
participation goals for its rate assistance program participation.
387.  (a) Each governing body of a local publicly owned electric
utility, as defined in Section 9604, shall be responsible for
implementing and enforcing a renewables portfolio standard  that
recognizes the intent of the Legislature to encourage renewable
resources, while taking into consideration the effect of the standard
on rates, reliability, and financial resources and the goal of
environmental improvement.
   (b) Each local publicly owned electric utility shall report, on an
annual basis, to its customers, the following:
   (1) Expenditures of public goods funds collected pursuant to
Section 385 for renewable energy resource development.  Reports shall
contain a description of programs, expenditures, and expected or
actual results.
   (2) The resource mix used to serve its customers by fuel type.
Reports shall contain the contribution of each type of renewable
energy resource with separate categories for those fuels considered
eligible renewable energy resources as defined by Section 399.12.