2007 California Public Utilities Code Article 8. Publicly Owned Utilities

CA Codes (puc:385-387.5)

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 and to the State Energy Resources
Conservation and Development Commission, the following:
   (1) Expenditures of public goods funds collected pursuant to
Section 385 for eligible 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 that are
eligible renewable energy resources as defined in Section 399.12,
except that the electricity is delivered to the local publicly owned
electric utility and not a retail seller. Electricity shall be
reported as having been delivered to the local publicly owned
electric utility from an eligible renewable energy resource when the
electricity would qualify for compliance with the renewables
portfolio standard if it were delivered to a retail seller.
   (3) The utility's status in implementing a renewables portfolio
standard pursuant to subdivision (a) and the utility's progress
toward attaining the standard following implementation.



387.5.  (a) In order to further the state goal of encouraging the
installation of 3,000 megawatts of photovoltaic solar energy in
California within 10 years, the governing body of a local publicly
owned electric utility, as defined in subdivision (d) of Section
9604, that sells electricity at retail, shall adopt, implement, and
finance a solar initiative program, funded in accordance with
subdivision (b), for the purpose of investing in, and encouraging the
increased installation of, residential and commercial solar energy
systems.
   (b) On or before January 1, 2008, a local publicly owned electric
utility shall offer monetary incentives for the installation of solar
energy systems of at least two dollars and eighty cents (.80) per
installed watt, or for the electricity produced by the solar energy
system, measured in kilowatthours, as determined by the governing
board of a local publicly owned electric utility, for photovoltaic
solar energy systems. The incentive level shall decline each year
thereafter at a rate of no less than an average of 7 percent per
year.
   (c) A local publicly owned electric utility shall initiate a
public proceeding to fund a solar energy program to adequately
support the goal of installing 3,000 megawatts of photovoltaic solar
energy in California. The proceeding shall determine what additional
funding, if any, is necessary to provide the incentives pursuant to
subdivision (b).  The public proceeding shall be completed and the
comprehensive solar energy program established by January 1, 2008.
   (d) The solar energy program of a local publicly owned electric
utility shall be consistent with all of the following:
   (1) That a solar energy system receiving monetary incentives
comply with the eligibility criteria, design, installation, and
electrical output standards or incentives established by the State
Energy Resources Conservation and Development Commission pursuant to
Section 25782 of the Public Resources Code.
   (2) That solar energy systems receiving monetary incentives are
intended primarily to offset part or all of the consumer's own
electricity demand.
   (3) That all components in the solar energy system are new and
unused, and have not previously been placed in service in any other
location or for any other application.
   (4) That the solar energy system has a warranty of not less than
10 years to protect against defects and undue degradation of
electrical generation output.
   (5) That the solar energy system be located on the same premises
of the end-use consumer where the consumer's own electricity demand
is located.
   (6) That the solar energy system be connected to the electric
utility's electrical distribution system within the state.
   (7) That the solar energy system has meters or other devices in
place to monitor and measure the system's performance and the
quantity of electricity generated by the system.
   (8) That the solar energy system be installed in conformance with
the manufacturer's specifications and in compliance with all
applicable electrical and building code standards.
   (e) A local publicly owned electric utility shall, on an annual
basis beginning June 1, 2008, make available to its customers, to the
Legislature, and to the State Energy Resources Conservation and
Development Commission, information relating to the utility's solar
initiative program established pursuant to this section, including,
but not limited to, the number of photovoltaic solar watts installed,
the total number of photovoltaic systems installed, the total number
of applicants, the amount of incentives awarded, and the
contribution toward the program goals.
   (f) In establishing the program required by this section, no
moneys shall be diverted from any existing programs for low-income
ratepayers, or from cost-effective energy efficiency or demand
response programs.
   (g) The statewide expenditures for solar programs adopted,
implemented, and financed by local publicly owned electric utilities
shall be seven hundred eighty-four million dollars (4,000,000).
The expenditure level for each local publicly owned electric utility
shall be based on that utility's percentage of the total statewide
load served by all local publicly owned electric utilities.
Expenditures by a local publicly owned electric utility may be less
than the utility's cap amount, provided that funding is adequate to
provide the incentives required by subdivisions (a) and (b).