Section § 25200

Explanation

The State Energy Resources Conservation and Development Commission is part of the Resources Agency in California. The Commission is made up of five members who are appointed by the Governor, and these appointments must adhere to specific rules under Section 25204.

There is in the Resources Agency the State Energy Resources Conservation and Development Commission, consisting of five members appointed by the Governor subject to Section 25204.

Section § 25201

Explanation

This section outlines the required qualifications for members of a particular commission. One member must be an engineer or physical scientist knowledgeable in energy systems. Another should be an attorney with experience in administrative law and be a member of the State Bar of California. Another member should have experience in environmental protection or ecosystems. There should also be an economist skilled in natural resource management. Finally, one member is to represent the general public.

One member of the commission shall have a background in the field of engineering or physical science and have knowledge of energy supply or conversion systems; one member shall be an attorney and a member of the State Bar of California with administrative law experience; one member shall have background and experience in the field of environmental protection or the study of ecosystems; one member shall be an economist with background and experience in the field of natural resource management; and one member shall be from the public at large.

Section § 25202

Explanation

This law specifies that the Secretary of the Resources Agency and the President of the Public Utilities Commission are automatically members of another commission but do not have the right to vote. Their attendance also doesn't count toward the minimum number of members needed for decisions or official actions.

The Secretary of the Resources Agency and the President of the Public Utilities Commission shall be ex officio, nonvoting members of the commission, whose presence shall not be counted for a quorum or for vote requirements.

Section § 25203

Explanation

This law states that each member of the commission is responsible for representing the entire state of California, not just a specific region. Additionally, commission members must work full time.

Each member of the commission shall represent the state at large and not any particular area thereof, and shall serve on a full-time basis.

Section § 25204

Explanation

The Governor has 30 days to appoint members to a specific commission after a new law takes effect. These appointments need approval from more than half of the elected members of the Senate.

The Governor shall appoint the members of the commission within 30 days after the effective date of this division. Every appointment made by the Governor to the commission shall be subject to the advice and consent of a majority of the members elected to the Senate.

Section § 25205

Explanation

This section sets rules for who can be a member of the commission. Essentially, you can't be on the commission if you've gotten a lot of your income from electric utilities or if you work in selling or making big facility components. While a member of the commission, you can't work for utilities or some businesses tied to utilities. Members can't hold other public offices, must follow certain government code rules, and must avoid conflicts of interest where they have financial ties. Your close associates can't represent others in matters involving the commission either. If the state's Attorney General decides a member's interest isn't significant enough to affect their work, these rules might not apply. Breaking these rules could lead to a felony charge, fines, or jail time.

(a)CA Public Resources Code § 25205(a) No person shall be a member of the commission who, during the two years prior to appointment on the commission, received any substantial portion of his or her income directly or indirectly from any electric utility, or who engages in sale or manufacture of any major component of any facility. A member of the commission shall not be employed by any electric utility, applicant, or, within two years after he or she ceases to be a member of the commission, by any person who engages in the sale or manufacture of any major component of any facility.
(b)CA Public Resources Code § 25205(b) Except as provided in Section 25202, the members of the commission shall not hold any other elected or appointed public office or position.
(c)CA Public Resources Code § 25205(c) The members of the commission and all employees of the commission shall comply with all applicable provisions of Section 19251 of the Government Code.
(d)CA Public Resources Code § 25205(d) A person who is a member or employee of the commission shall not participate personally and substantially as a member or employee of the commission, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in a judicial or other proceeding, hearing, application, request for a ruling, or other determination, contract, claim, controversy, study, plan, or other particular matter in which, to his or her knowledge, he or she, his or her spouse, minor child, or partner, or any organization, except a governmental agency or educational or research institution qualifying as a nonprofit organization under state or federal income tax law, in which he or she is serving, or has served as officer, director, trustee, partner, or employee while serving as a member or employee of the commission or within two years prior to his or her appointment as a member of the commission, has a direct or indirect financial interest.
(e)CA Public Resources Code § 25205(e) A person who is a partner, employer, or employee of a member or employee of the commission shall not act as an attorney, agent, or employee for any person other than the state in connection with any judicial or other proceeding, hearing, application, request for a ruling, or other determination, contract, claim, controversy, study, plan, or other particular matter in which the commission is a party or has a direct and substantial interest.
(f)CA Public Resources Code § 25205(f) The provisions of this section shall not apply if the Attorney General finds that the interest of the member or employee of the commission is not so substantial as to be deemed likely to affect the integrity of the services which the state may expect from the member or employee.
(g)CA Public Resources Code § 25205(g) Any person who violates any provision of this section is guilty of a felony and shall be subject to a fine of not more than ten thousand dollars ($10,000) or imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or both that fine and imprisonment.
(h)CA Public Resources Code § 25205(h) The amendment of subdivision (d) of this section enacted by the 1975–76 Regular Session of the Legislature does not constitute a change in, but is declaratory of, existing law.

Section § 25206

Explanation

This law section explains how the terms of the commission members are managed. Each member typically serves a five-year term. When the commission is first formed, members are chosen randomly to have staggered terms, with one member's term expiring each year for the first five years. If a member leaves before their term ends, the Governor has 30 days to appoint a new member to complete the term or start a new one. If the Governor doesn't act in time, the Senate Rules Committee can make the appointment instead, according to specific rules.

The terms of office of the members of the commission shall be for five years, except that the members first appointed to the commission shall classify themselves by lot so that the term of office of one member shall expire at the end of each one of the five years following the effective date of this division. Any vacancy shall be filled by the Governor within 30 days of the date on which a vacancy occurs for the unexpired portion of the term in which it occurs or for any new term of office.
If the Governor fails to make an appointment for any vacancy within such 30-day period, the Senate Rules Committee may make the appointment to fill the vacancy for the unexpired portion of the term in which the vacancy occurred or for any new term of office, subject to the provisions of Section 25204.

Section § 25207

Explanation

This law section states that members of the commission are paid a salary determined by another specific section in the Government Code. Additionally, commission members are reimbursed for travel and other expenses related to their official work duties. They can travel both within and outside California if necessary for their roles.

(a)CA Public Resources Code § 25207(a) The members of the commission shall receive the salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code.
(b)CA Public Resources Code § 25207(b) Each member of the commission shall receive the necessary traveling and other expenses incurred in the performance of their official duties. When necessary, the members of the commission and its employees may travel within or outside the state.

Section § 25208

Explanation

This law requires a commission to submit annual reports to certain legislative committees from March 1, 2022, until March 1, 2027, about their activities and spending under the School Energy Efficiency Stimulus Program. These reports must outline changes to guidelines and budgets, summarize past spending, funded activities, and anticipate changes for the upcoming year. The commission can include information from other reports approved by the Public Utilities Commission. This requirement will cease on January 1, 2032.

(a)CA Public Resources Code § 25208(a) By March 1, 2022, and by each March 1 thereafter, until March 1, 2027, the commission shall submit a report to the relevant policy committees of the Legislature and the Joint Legislative Budget Committee describing programmatic activities and spending pursuant to the School Energy Efficiency Stimulus Program.
(b)CA Public Resources Code § 25208(b) The report shall include both of the following:
(1)CA Public Resources Code § 25208(b)(1) A description of any changes to guidelines and budget.
(2)CA Public Resources Code § 25208(b)(2) A summary of past spending, activities funded, and expected changes in funding and activities for the next year.
(c)CA Public Resources Code § 25208(c) As part of the report, the commission may include information that is already provided in reports submitted to and approved by the Public Utilities Commission, as applicable.
(d)CA Public Resources Code § 25208(d) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2032.

Section § 25209

Explanation

Each member of the commission has one vote, but at least three members must agree on something for it to go forward, unless another rule applies as mentioned in Section 25211.

Each member of the commission shall have one vote. Except as provided in Section 25211, the affirmative votes of at least three members shall be required for the transaction of any business of the commission.

Section § 25210

Explanation

This section says that a commission in California can hold hearings and investigations anywhere in the state to fulfill its responsibilities. It has the same authority as department heads in the state government to do these tasks.

The commission may hold any hearings and conduct any investigations in any part of the state necessary to carry out its powers and duties prescribed by this division and, for those purposes, has the same powers as are conferred upon heads of departments of the state by Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code.

Section § 25211

Explanation

This law allows a special committee of at least two members from the commission to conduct investigations, inquiries, and hearings. At least one committee member must be present at all public hearings related to specific procedural chapters and rulemaking, but a hearing officer can temporarily take over if everyone agrees. Any decisions made by the committee become official once approved by the full commission and recorded in their office.

The commission may appoint a committee of not less than two members of the commission to carry on investigations, inquiries, or hearings which the commission has power to undertake or to hold. At least one member of the committee shall attend all public hearings or other proceedings held pursuant to Chapter 6 (commencing with Section 25500), and all public hearings in biennial report proceedings and rulemaking proceedings, except that, upon agreement of all parties to a proceeding who are present at the hearing or proceeding, the committee may authorize a hearing officer to continue to take evidence in the temporary absence of a commission member. Every order made by the committee pursuant to the inquiry, investigation, or hearing, when approved or confirmed by the commission and ordered filed in its office, shall be the order of the commission.

Section § 25212

Explanation

Every two years, the Governor needs to choose a chair and vice chair from the members of a specific commission.

Every two years the Governor shall designate a chair and vice chair of the commission from among its members.

Section § 25213

Explanation

The commission is responsible for creating rules and regulations to implement this division properly. These rules must follow certain procedures outlined in another part of the government code. Additionally, if someone asks, the commission must provide copies of the proposed regulations and explain why they're being adopted.

The commission shall adopt rules and regulations, as necessary, to carry out this division in conformity with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The commission shall make available to a person upon request copies of proposed regulations, together with summaries of reasons supporting their adoption.

Section § 25214

Explanation

This section outlines how the commission will operate in California. The commission's main office is in Sacramento, but it can set up other offices as necessary. It will hold open meetings and hearings throughout the state, allowing public participation and giving people a chance to speak. People can also request to question witnesses at hearings. The first commission meeting will happen within 30 days after all members are confirmed, with the Governor deciding when and where it will take place.

The commission shall maintain its headquarters in the County of Sacramento and may establish branch offices in such parts of the state as the commission deems necessary. The commission shall hold meetings at such times and at such places as shall be determined by it. All meetings and hearings of the commission shall be open to the public, and opportunity to be heard with respect to the subject of the hearings shall be afforded to any person. Upon request, an interested party may be granted reasonable opportunity to examine any witness testifying at the hearing. The first meeting of the commission shall be held within 30 days after the confirmation of the last member of the commission pursuant to Section 25204. The Governor shall designate the time and place for the first meeting of the commission.

Section § 25215

Explanation

This law states that a member of the commission can be removed from their position if the California Legislature votes to do so. The removal requires a resolution that is approved by a majority of all members elected to both houses. The reasons for removal could be neglecting their duties, engaging in corruption, or demonstrating incompetence.

Any member of the commission may be removed from office by the Legislature, by concurrent resolution adopted by a majority vote of all members elected to each house, for dereliction of duty or corruption or incompetency.

Section § 25216

Explanation

The commission has several important tasks related to energy in the state. They must regularly evaluate how much energy people are using and its social, economic, and environmental impacts. They're also tasked with recommending new energy conservation measures to the state government.

The commission must collect and analyze predictions about future energy use and supply from various utilities and producers. This helps plan for where and how to build new energy facilities.

Additionally, they need to conduct or organize research on alternative energy sources, enhancements in energy generation and distribution, fuel alternatives, and other significant energy-related issues for the state.

In addition to other duties specified in this division, the commission shall do all of the following:
(a)CA Public Resources Code § 25216(a) Undertake a continuing assessment of trends in the consumption of electrical energy and other forms of energy and analyze the social, economic, and environmental consequences of these trends; carry out directly, or cause to be carried out, energy conservation measures specified in Chapter 5 (commencing with Section 25400) of this division; and recommend to the Governor and the Legislature new and expanded energy conservation measures as required to meet the objectives of this division.
(b)CA Public Resources Code § 25216(b) Collect from electric utilities, gas utilities, and fuel producers and wholesalers and other sources forecasts of future supplies and consumption of all forms of energy, including electricity, and of future energy or fuel production and transporting facilities to be constructed; independently analyze such forecasts in relation to statewide estimates of population, economic, and other growth factors and in terms of the availability of energy resources, costs to consumers, and other factors; and formally specify statewide and service area electrical energy demands to be utilized as a basis for planning the siting and design of electric power generating and related facilities.
(c)CA Public Resources Code § 25216(c) Carry out, or cause to be carried out, under contract or other arrangements, research and development into alternative sources of energy, improvements in energy generation, transmission, and siting, fuel substitution, and other topics related to energy supply, demand, public safety, ecology, and conservation which are of particular statewide importance.

Section § 25216.3

Explanation

This law section establishes that the commission is responsible for setting and enforcing standards for the design and operation of facilities in California to protect public health and safety. The commission can set stricter standards than local or federal ones if allowed by federal law. It must also compile relevant standards from various agencies regarding land use, public safety, and the environment. Additionally, local and state agencies need to inform the commission of any changes in their standards that relate to the commission's goals.

(a)CA Public Resources Code § 25216.3(a) The commission shall compile relevant local, regional, state, and federal land use, public safety, environmental, and other standards to be met in designing, siting, and operating facilities in this state; except as provided in subdivision (d) of Section 25402, adopt standards, except for air and water quality, to be met in designing or operating facilities to safeguard public health and safety, which may be different from or more stringent than those adopted by local, regional, or other state agencies, or by any federal agency if permitted by federal law; and monitor compliance and ensure that all facilities are operated in accordance with this division.
(b)CA Public Resources Code § 25216.3(b) The local, regional, and other state agencies shall advise the commission as to any change in its standards, ordinances, or laws which are pertinent and relevant to the objective of carrying out the provisions of this division.

Section § 25216.5

Explanation

This law requires the commission to manage the process for approving facilities by creating application forms, holding public hearings, and deciding on approvals along with any conditions for operation. The commission must also develop a plan to address energy shortages or threats to public safety. It evaluates and recommends on electricity rates related to energy conservation and environmental policies. Additionally, the commission acts as a hub for energy-related data, collecting information from various sources and making it available to the public for a fee. The fees collected are used by the commission to fund their information dissemination efforts.

The commission shall do all of the following:
(a)CA Public Resources Code § 25216.5(a) Prescribe the form and content of applications for facilities; conduct public hearings and take other actions to secure adequate evaluation of applications; and formally act to approve or disapprove applications, including specifying conditions under which approval and continuing operation of any facility shall be permitted.
(b)CA Public Resources Code § 25216.5(b) Prepare an integrated plan specifying actions to be taken in the event of an impending serious shortage of energy, or a clear threat to public health, safety, or welfare.
(c)CA Public Resources Code § 25216.5(c) Evaluate policies governing the establishment of rates for electric power and other sources of energy as related to energy conservation, environmental protection, and other goals and policies established in this division, and transmit recommendations for changes in power-pricing policies and rate schedules to the Governor, the Legislature, to the Public Utilities Commission, and to publicly owned electric utilities.
(d)CA Public Resources Code § 25216.5(d) Serve as a central repository within the state government for the collection, storage, retrieval, and dissemination of data and information on all forms of energy supply, demand, conservation, public safety, research, and related subjects. The data and information shall be derived from all sources, including, but not be limited to, electric and gas utilities, oil and other energy producing companies, institutions of higher education, private industry, public and private research laboratories, private individuals, and from any other source that the commission determines is necessary to carry out its objectives under this division. The commission may charge and collect a reasonable fee for retrieving and disseminating any such information to cover the cost of such a service. Any funds received by the commission pursuant to this subdivision shall be deposited in the account and are continuously appropriated for expenditure, by the commission, for purposes of retrieving and disseminating any such information pursuant to this section.

Section § 25216.7

Explanation

California requires its energy commission to report to the Legislature by December 31, 2023, on zero-carbon energy sources that support a clean and stable power grid, following environmental policies.

This assessment will identify viable zero-carbon resources, evaluate their potential needs, find barriers to their development, and suggest ways to overcome these barriers. It will also recommend changes to energy research and development, consider the role of energy storage, and evaluate the reliability of current energy plans during adverse weather events.

The goal is to ensure a reliable electricity supply while reducing greenhouse gases and pollutants, particularly in disadvantaged areas. The report will not interfere with how electricity providers operate.

(a)CA Public Resources Code § 25216.7(a) On or before December 31, 2023, the commission, in consultation with the Public Utilities Commission, Independent System Operator, and State Air Resources Board, shall submit to the Legislature an assessment of firm zero-carbon resources that support a clean, reliable, and resilient electrical grid in California and will achieve the policy described in Section 454.53 of the Public Utilities Code.
(b)CA Public Resources Code § 25216.7(b) The assessment shall do all of the following:
(1)CA Public Resources Code § 25216.7(b)(1) Identify all available, commercially feasible and near-commercially feasible firm zero-carbon resources that could support a clean, reliable, and resilient electrical grid, and distinguish which resources are capable of addressing system reliability needs and local reliability needs, with an emphasis on reducing the emissions of greenhouse gases, toxic air contaminants, and criteria air pollutants.
(2)CA Public Resources Code § 25216.7(b)(2) Evaluate the magnitude of potential needs for and role of firm zero-carbon resources using a reasonable range of resource cost and performance assumptions that reflect emerging technology trends in order to help integrate generation from eligible renewable energy resources into the electrical grid on a daily, multiday, and seasonal basis.
(3)CA Public Resources Code § 25216.7(b)(3) Identify barriers to the development of firm zero-carbon resources and possible solutions to address those barriers, including pathways for additional procurement of those resources by load-serving entities, including joint procurements by electrical corporations, community choice aggregators, direct access customers, local publicly owned electric utilities, and other public entities, or a central procurement entity.
(4)CA Public Resources Code § 25216.7(b)(4) Recommend changes to research and development projects, demonstration projects, and energy incentives to support the contributions of firm zero-carbon resources to the near-, mid-, and long-term reliability and resiliency of California’s electrical grid, consistent with California’s goals to reduce localized air pollutants and emissions of greenhouse gases, including early priority in disadvantaged communities.
(5)CA Public Resources Code § 25216.7(b)(5) Evaluate the reliability of load-serving entities’ integrated resource plans under multiday extreme and atypical weather events, which shall include, at minimum, events with extended periods of low renewable energy generation and events that occur in all seasons at least as frequently as once per 10 years.
(6)CA Public Resources Code § 25216.7(b)(6) Evaluate the use of energy storage to achieve the goals pursuant to this section.
(c)CA Public Resources Code § 25216.7(c) The assessment shall not affect the process any load-serving entity uses to develop or procure resources to serve its customers.
(d)CA Public Resources Code § 25216.7(d) For purposes of this section, the following definitions apply:
(1)CA Public Resources Code § 25216.7(d)(1) “Eligible renewable energy resources” has the same meaning as defined in Section 399.12 of the Public Utilities Code.
(2)CA Public Resources Code § 25216.7(d)(2) “Firm zero-carbon resources” are electrical resources that can individually, or in combination, deliver zero-carbon electricity with high availability for the expected duration of multiday extreme or atypical weather events, including periods of low renewable energy generation, and facilitate integration of eligible renewable energy resources into the electrical grid and the transition to a zero-carbon electrical grid.
(3)CA Public Resources Code § 25216.7(d)(3) “Load-serving entities” has the same meaning as defined in Section 380 of the Public Utilities Code.
(e)Copy CA Public Resources Code § 25216.7(e)
(1)Copy CA Public Resources Code § 25216.7(e)(1) The assessment to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(2)CA Public Resources Code § 25216.7(e)(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2026.

Section § 25216.8

Explanation

This section requires a report to be prepared by January 31, 2023, by the commission, collaborating with various entities like the Public Utilities Commission and Department of Water Resources. The report is to address how California managed electric reliability during the summer of 2022, anticipate potential reliability issues from 2023 to 2026, and suggest solutions to these issues, considering state budget actions and existing planning processes. The rule stipulates the report should comply with other government code procedures, and it will be repealed on January 1, 2027.

(a)CA Public Resources Code § 25216.8(a) On or before January 31, 2023, the commission, in consultation with the Public Utilities Commission, the Department of Water Resources, and California balancing authorities, including, but not limited to, the Independent System Operator, shall issue a written report to the Joint Legislative Budget Committee addressing all of the following:
(1)CA Public Resources Code § 25216.8(a)(1) An evaluation of how the state, load-serving entities, as defined in Section 380 of the Public Utilities Code, local publicly owned electric utilities, as defined in Section 224.3 of the Public Utilities Code, and California balancing authorities managed summer reliability during 2022.
(2)CA Public Resources Code § 25216.8(a)(2) The magnitude of projected reliability problems in 2023 to 2026, inclusive.
(3)CA Public Resources Code § 25216.8(a)(3) Potential solutions to addressing reliability concerns. In doing so, the commission shall evaluate options that rely on state budget actions, statutory changes, and using existing resource adequacy, integrated resource planning, and other reliability processes at the Public Utilities Commission and the Independent System Operator to ensure reliability.
(b)Copy CA Public Resources Code § 25216.8(b)
(1)Copy CA Public Resources Code § 25216.8(b)(1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(2)CA Public Resources Code § 25216.8(b)(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2027.

Section § 25217

Explanation

This law section outlines the responsibilities of a commission regarding its personnel. First, the commission is required to appoint an executive director with relevant administrative and financial experience, whose role and pay will be determined by the commission. Additionally, the commission is authorized to hire other staff as needed to fulfill its duties, with these staff members able to participate in commission matters as specified. Finally, the commission must hire legal counsel to provide advice and represent it in legal situations involving state or federal entities.

The commission shall do all of the following:
(a)CA Public Resources Code § 25217(a) Appoint an executive director with administration and fiscal experience, who shall serve at its pleasure and whose duties and salary shall be prescribed by the commission.
(b)CA Public Resources Code § 25217(b) Employ and prescribe the duties of other staff members as necessary to carry out the provisions of this division. Staff members of the commission may participate in all matters before the commission to the limits prescribed by the commission.
(c)CA Public Resources Code § 25217(c) Employ legal counsel who shall advise the commission and represent it in connection with legal matters and litigation before any boards and agencies of the state or federal government.

Section § 25217.1

Explanation

This law states that the commission will nominate, and the Governor will appoint, a public advisor for a three-year term. This advisor must be an attorney licensed to practice law in California. The advisor is responsible for duties outlined in another law section (Section 25222) and any other duties assigned by this division or the commission. The advisor can only be removed if four commissioners and the Governor agree.

The commission shall nominate and the Governor shall appoint for a term of three years a public advisor to the commission who shall be an attorney admitted to the practice of law in this state and who shall carry out Section 25222 and other duties prescribed by this division or by the commission. The public advisor may be removed from office only upon the joint concurrence of four commissioners and the Governor.

Section § 25217.5

Explanation

This law specifies that the chair of the commission is responsible for guiding the public advisor, executive director, and staff to perform their duties according to the policies and guidelines set by the commission.

The chair of the commission shall direct the public advisor, the executive director, and other staff in the performance of their duties in conformance with the policies and guidelines established by the commission.

Section § 25218

Explanation

This section explains the additional powers that the commission has beyond those already mentioned in this division. The commission can apply for and receive financial support like grants and donations and can also award grants for authorized programs. It can hire outside professional services when internal resources are insufficient. The commission can file lawsuits or be sued. It may seek advice from various government bodies. It can also create rules or take actions necessary to implement this division, including ensuring staff participation in commission proceedings.

In addition to other powers specified in this division, the commission may do any of the following:
(a)CA Public Resources Code § 25218(a) Apply for and accept grants, contributions, and appropriations, and award grants consistent with the goals and objectives of a program or activity the commission is authorized to implement or administer.
(b)CA Public Resources Code § 25218(b) Contract for professional services if the work or services cannot be satisfactorily performed by its employees or by any other state agency.
(c)CA Public Resources Code § 25218(c) Be sued and sue.
(d)CA Public Resources Code § 25218(d) Request and utilize the advice and services of all federal, state, local, and regional agencies.
(e)CA Public Resources Code § 25218(e) Adopt any rule or regulation, or take any action, it deems reasonable and necessary to carry out this division.
(f)CA Public Resources Code § 25218(f) Adopt rules and regulations, or take any action, it deems reasonable and necessary to ensure the free and open participation of any member of the staff in proceedings before the commission.

Section § 25218.5

Explanation

This law says that the responsibilities or abilities given to the commission should be understood in a flexible way so they can effectively achieve the goals outlined in the law.

The provisions specifying any power or duty of the commission shall be liberally construed, in order to carry out the objectives of this division.

Section § 25219

Explanation

This law allows the commission to act on behalf of itself or for any county, city, state agency, or public district in dealings with the federal government. If asked by these entities, the commission can communicate and work with federal departments or agencies on matters within its authority.

As to any matter involving the federal government, its departments or agencies, which is within the scope of the power and duties of the commission, the commission may represent its interest or the interest of any county, city, state agency, or public district upon its request, and to that end may correspond, confer, and cooperate with the federal government, its departments or agencies.

Section § 25220

Explanation

This law allows the commission to take part in decisions made by federal or state agencies regarding the approval of a proposed facility. The commission can decide how involved it wants to be in these proceedings and request copies of any documents submitted by applicants in these cases that it finds important.

The commission may participate as a party, to the extent that it shall determine, in any proceeding before any federal or state agency having authority whatsoever to approve or disapprove any aspect of a proposed facility, receive notice from any applicant of all applications and pleadings filed subsequently by such applicants in any of such proceedings, and, by its request, receive copies of any of such subsequently filed applications and pleadings that it shall deem necessary.

Section § 25221

Explanation

This law states that if the commission asks, the Attorney General will represent them and the state in legal matters. However, if the Attorney General is already representing another state agency, the commission can hire other legal counsel instead.

Upon request of the commission, the Attorney General shall represent the commission and the state in litigation concerning affairs of the commission, unless the Attorney General represents another state agency, in which case the commission shall be authorized to employ other counsel.

Section § 25222

Explanation

This law section establishes the role of the public advisor who is responsible for ensuring public involvement in energy-related processes. The advisor makes sure that all interested parties are informed about commission meetings and public hearings. They also guide groups and the public on how to engage effectively in these proceedings. Additionally, the advisor suggests ways to improve public involvement in planning and decision-making for energy conservation, site approvals, and emergency energy allocation.

The public advisor shall ensure that full and adequate participation by all interested groups and the public at large is secured in the planning, site and facility certification, energy conservation, and emergency allocation procedures provided in this division. The public advisor shall ensure that timely and complete notice of commission meetings and public hearings is disseminated to all interested groups and to the public at large. The public advisor shall also advise interested groups and the public as to effective ways of participating in the commission’s proceedings. The public advisor shall recommend to the commission additional measures to ensure open consideration and public participation in energy planning, site and facility certification, energy conservation, and emergency allocation proceedings.

Section § 25223

Explanation

This law requires the commission to share any information filed under this division according to the California Public Records Act. However, if the Division of Oil and Gas decides certain information is proprietary, the commission must keep it confidential.

The commission shall make available any information filed or submitted pursuant to this division under the provisions of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code); provided, however, that the commission shall keep confidential any information submitted to the Division of Oil and Gas of the Department of Conservation that the division determines, pursuant to Section 3752, to be proprietary.

Section § 25224

Explanation

This law encourages the commission and other state agencies to share information, such as records and reports, about energy resources and power facilities to prevent wasting time and resources on duplicate efforts.

Additionally, during a proceeding, the commission can officially recognize documents and facts from another proceeding if everyone involved is given a fair chance to present their side or counter the recognized information.

(a)CA Public Resources Code § 25224(a) The commission and other state agencies shall, to the fullest extent possible, exchange records, reports, material, and other information relating to energy resources and conservation and power facilities siting, or any areas of mutual concern, to the end that unnecessary duplication of effort may be avoided.
(b)CA Public Resources Code § 25224(b) The commission may take official notice in a proceeding of any document, record, report, material, fact, or other information submitted to, or resulting from, a proceeding of the Public Utilities Commission if all parties to the proceeding in which official notice is being taken are given a reasonable opportunity, upon request, to refute the officially noticed matters, by evidence, or by written or oral presentation of authority, in a manner determined appropriate by the commission.

Section § 25225

Explanation

Before spending money on any vehicle or fuel research projects, the commission must create a plan detailing costs and benefits, and ensure the project isn't a duplicate of existing publicly funded programs. Projects can only be funded jointly with other agencies if there's no overlap in efforts.

Once a project ends, within 120 days, a report must be made public showing actual costs, comparing expected and actual results, and describing any issues faced.

Certain projects defined by other laws, particularly those specifying vehicle technology or the purpose and products of research, as well as the Katz Safe Schoolbus Program, are exempt from these rules.

(a)CA Public Resources Code § 25225(a) Prior to expending any funds for any research, development, or demonstration program or project relating to vehicles or vehicle fuels, the commission shall do both of the following, using existing resources:
(1)CA Public Resources Code § 25225(a)(1) Adopt a plan describing any proposed expenditure that sets forth the expected costs and qualitative as well as quantitative benefits of the proposed program or project.
(2)CA Public Resources Code § 25225(a)(2) Find that the proposed program or project will not duplicate any other past or present publicly funded California program or project. This paragraph is not intended to prevent funding for programs or projects jointly funded with another public agency where there is no duplication.
(b)CA Public Resources Code § 25225(b) Within 120 days from the date of the conclusion of a program or project subject to subdivision (a) that is funded by the commission, the commission shall issue a public report that sets forth the actual costs of the program or project, the results achieved and how they compare with expected costs and benefits determined pursuant to paragraph (1) of subdivision (a), and any problems that were encountered by the program or project.
(c)Copy CA Public Resources Code § 25225(c)
(1)Copy CA Public Resources Code § 25225(c)(1) This section does not apply to any funds appropriated for research, development, or demonstration pursuant to a statute that expressly specifies both of the following:
(A)CA Public Resources Code § 25225(c)(1)(A) A vehicle technology or vehicle fuel which is the subject of the research, development, or demonstration.
(B)CA Public Resources Code § 25225(c)(1)(B) The purpose of, or anticipated products of, the research, development, or demonstration.
(2)CA Public Resources Code § 25225(c)(2) This section does not apply to the Katz Safe Schoolbus Clean Fuel Efficiency Demonstration Program (Part 10.7 (commencing with Section 17910) of Division 1 of Title 1 of the Education Code).

Section § 25226

Explanation

The Energy Technologies Research, Development, and Demonstration Account, which is part of the General Fund, will continue to be managed by the commission. Its purpose is to support projects outlined in Chapter 7.3 and Chapter 7.5 of the Public Resources Code.

Money put into this account comes from legislative appropriations, interest earned, loan repayments, and royalties. The Controller is responsible for depositing this money. The commission uses these funds, but only if the Legislature decides to allocate them, specifically for the projects under Chapter 7.3 and Chapter 7.5.

(a)CA Public Resources Code § 25226(a) The Energy Technologies Research, Development, and Demonstration Account established under former Section 25683 is hereby continued in existence, in the General Fund, to be administered by the commission for the purpose of carrying out Chapter 7.3 (commencing with Section 25630) and Chapter 7.5 (commencing with Section 25650).
(b)CA Public Resources Code § 25226(b) The Controller shall deposit in the account all money appropriated to the account by the Legislature, plus accumulated interest on that money, and money from loan repayments, interest, and royalties pursuant to Sections 25630 and 25650, for use by the commission, upon appropriation by the Legislature, for the purposes specified in Chapter 7.3 (commencing with Section 25630) and Chapter 7.5 (commencing with Section 25650).

Section § 25229

Explanation

This law requires a comprehensive statewide evaluation of electric vehicle charging infrastructure to support the goal of having five million zero-emission vehicles in California by 2030 and cutting greenhouse gas emissions. It mandates collaboration among several state agencies to not only predict needed infrastructure like chargers and electrical equipment but also consider all vehicle types and electrification in different regions, including low-income areas.

The assessment involves identifying workforce training programs to support job creation in the electric vehicle sector, focusing on apprenticeships and career development, especially for disadvantaged communities. Stakeholders like utilities, environmental groups, and auto manufacturers must be consulted regularly for updates and data collection. This assessment is to be revised at least every two years.

(a)CA Public Resources Code § 25229(a) The commission, working with the State Air Resources Board and the Public Utilities Commission, shall prepare a statewide assessment of the electric vehicle charging infrastructure needed to support the levels of electric vehicle adoption required for the state to meet its goals of putting at least five million zero-emission vehicles on California roads by 2030, and of reducing emissions of greenhouse gases to 40 percent below 1990 levels by 2030.
(b)CA Public Resources Code § 25229(b) The assessment shall expand on the commission’s electric vehicle infrastructure projections to consider all necessary charging infrastructure, including, but not limited to, the chargers, make-ready electrical equipment, and supporting hardware and software, all vehicle categories, road, highway, and offroad electrification, port and airport electrification, and other programs to accelerate the adoption of electric vehicles to meet the goals described in subdivision (a). The assessment shall examine existing and future infrastructure needs throughout California, including in low-income communities.
(c)CA Public Resources Code § 25229(c) As a part of the assessment, the commission, in consultation with stakeholders, shall identify workforce development and training resources needed to meet the goals described in subdivision (a). These resources shall include, but are not limited to, qualified apprenticeships, on-the-job training programs, and other training opportunities that build career pipelines in the zero-emission transportation sector and provide long-term employment in disadvantaged communities.
(d)CA Public Resources Code § 25229(d) The commission shall regularly seek data and input relating to electric vehicle charging infrastructure from stakeholders, including, but not limited to, the Public Utilities Commission, the State Air Resources Board, electrical corporations, local publicly owned electric utilities, state and local transportation and transit agencies, charging infrastructure companies, environmental groups, and automobile manufacturers.
(e)CA Public Resources Code § 25229(e) The commission shall update the assessment at least once every two years.

Section § 25230

Explanation

This law aims to promote diversity among businesses participating in the energy sector in California. It defines what it means for a business to be certified as a women, minority, disabled veteran, or LGBT business enterprise, focusing on ownership and control by these groups. The law requires the development of an outreach program to inform these diverse businesses about funding and training opportunities. It also mandates tracking the diversity of contractors and loan recipients in the energy sector, while encouraging their participation in energy programs. Additionally, it suggests the possible formation of a Diversity Task Force to enhance diversity in the energy industry, including in corporate governance.

(a)CA Public Resources Code § 25230(a) For purposes of this section, the following terms have the following meanings:
(1)CA Public Resources Code § 25230(a)(1) “Certified” means a business enterprise that is certified by the Public Utilities Commission, the Department of General Services, or other nonprofit organizations that verify or certify women, minority, disabled veteran, and LGBT business enterprises.
(2)CA Public Resources Code § 25230(a)(2) “Control” means exercising the power to make policy decisions.
(3)CA Public Resources Code § 25230(a)(3) “Disabled veteran business enterprise” has the same meaning as defined in Section 999 of the Military and Veterans Code.
(4)CA Public Resources Code § 25230(a)(4) “LGBT business enterprise” means a business enterprise that is at least 51 percent owned by a lesbian, gay, bisexual, or transgender person or persons, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more lesbian, gay, bisexual, or transgender persons, and whose management and daily business operations are controlled by one or more of those individuals.
(5)CA Public Resources Code § 25230(a)(5) “Minority business enterprise” means a business enterprise that is at least 51 percent owned by a minority group or groups, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more minority groups, and whose management and daily business operations are controlled by one or more of those individuals. The contracting utility shall presume that minority includes African Americans, Hispanic Americans, Native Americans, and Asian Pacific Americans.
(6)CA Public Resources Code § 25230(a)(6) To “operate” means to be actively involved in the day-to-day management. It is not enough to merely be an officer or director.
(7)CA Public Resources Code § 25230(a)(7) “Women business enterprise” means a business enterprise that is at least 51 percent owned by a woman or women, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women, and whose management and daily business operations are controlled by one or more of those individuals.
(b)Copy CA Public Resources Code § 25230(b)
(1)Copy CA Public Resources Code § 25230(b)(1) The commission shall develop and implement an outreach program to inform the most qualified loan and grant applicants, and contractors, including, but not limited to, women, minority, disabled veteran, and LGBT business enterprises, about workshops, trainings, and funding opportunities. The purpose of the program is to ensure that the commission recognizes the demographic shifts of the California marketplace and is nurturing the new and next generation of energy technology leaders.
(2)CA Public Resources Code § 25230(b)(2) One component of the outreach program shall be a process for tracking the diversity of contractors, loan recipients, and grant recipients. The commission may rely on existing sources for locating information on certified women, minority, disabled veteran, and LGBT business, which may include, but is not limited to, the clearinghouse database maintained by the Public Utilities Commission, the list of Disabled Veteran Business Enterprises certified by the Procurement Division of the Department of General Services, as well as information on other nonprofit organizations that verify or certify women, minority, and LGBT business enterprises.
(3)CA Public Resources Code § 25230(b)(3) The outreach program shall include a strategy to encourage the participation of certified women, minority, disabled veteran, and LGBT business enterprises in the commission’s relevant programs and shall consider including them in capacity building activities.
(c)CA Public Resources Code § 25230(c) The commission may consider establishing a Diversity Task Force to consider and make recommendations about diversity in the energy industry, including diversity of corporate governing boards and procurement from diverse businesses, and addressing and promoting local and targeted hiring.

Section § 25231

Explanation

The law requires the commission, along with the State Air Resources Board, to check if the charging station infrastructure for electric vehicles is unevenly spread out based on population density, geographical area, or income levels (low, middle, high). It looks into whether fast charging stations are unevenly distributed and if everyone has fair access to them. If an imbalance is found, the commission should use funds and incentives to correct it, unless the uneven distribution benefits state energy or environmental goals.

For this law, a 'charging station' refers to the equipment providing power to electric vehicles, not the wiring or electrical parts that support it.

(a)CA Public Resources Code § 25231(a) The commission, in consultation with the State Air Resources Board, shall, as part of the development of the plan prepared pursuant to Section 44272.5 of the Health and Safety Code, assess whether charging station infrastructure is disproportionately deployed by population density, geographical area, or population income level, including low-, middle-, and high-income levels. This includes whether direct current fast charging stations are disproportionately distributed and whether access to these charging stations is disproportionately available. Upon making a finding that charging station infrastructure has been disproportionately deployed, the commission shall use moneys from the Alternative and Renewable Fuel and Vehicle Technology Fund, to the extent authorized by law, as well as other mechanisms, including incentives, to more proportionately deploy new charging station infrastructure, unless the commission makes a finding that the disproportionate deployment is reasonable and furthers state energy or environmental policy as articulated by the commission.
(b)CA Public Resources Code § 25231(b) For purposes of this section, “charging station” means the removable equipment that provides alternating or direct current to the battery electric vehicle or plug-in hybrid electric vehicle, but does not include the supporting charging infrastructure, such as wiring, conduit, and electric panels.

Section § 25231.5

Explanation

This section lays out the requirements for developing and implementing standards to track and report how often electric vehicle chargers are operational, known as 'uptime'. These standards are due by January 1, 2024, and apply to chargers that received incentives from the state or ratepayers, must cover six years initially, and include chargers set up from the start of 2024. 'Uptime' includes both software and hardware reliability and must consider federal definitions for consistency.

The commission, along with the Public Utilities Commission, will define significant factors that render a charging station non-operational and create a formula for reporting uptime annually. They can consider metrics like reliability, customer satisfaction, and service interruptions. Standards can differ based on charger type and location but don't apply to small residential units.

From January 1, 2025, they’ll evaluate access to reliable charging in various income areas biennially and may keep submitted data confidential. They’ll also set standards for notifying customers about charger availability and adopt tools like incentives to boost uptime.

This section remains effective until January 1, 2035, unless earlier repealed, and doesn’t restrict other agencies from setting additional requirements.

(a)Copy CA Public Resources Code § 25231.5(a)
(1)Copy CA Public Resources Code § 25231.5(a)(1) The commission, in consultation with the Public Utilities Commission, shall develop uptime recordkeeping and reporting standards for electric vehicle chargers and charging stations by January 1, 2024.
(2)CA Public Resources Code § 25231.5(a)(2) The uptime recordkeeping and reporting standards shall do all of the following:
(A)CA Public Resources Code § 25231.5(a)(2)(A) Only apply to electric vehicle chargers and charging stations that received an incentive from a state agency or through a charge on ratepayers.
(B)CA Public Resources Code § 25231.5(a)(2)(B) Apply for a minimum of six years unless the commission decides a longer time span is more appropriate.
(C)CA Public Resources Code § 25231.5(a)(2)(C) Apply to electric vehicle chargers and charging stations installed on or after January 1, 2024.
(3)Copy CA Public Resources Code § 25231.5(a)(3)
(A)Copy CA Public Resources Code § 25231.5(a)(3)(A) The commission shall define “uptime” through a public workshop process and apply it to each electric vehicle charger and charging station and create a formula to calculate uptime to provide consistent, standardized reporting of information at least annually.
(B)CA Public Resources Code § 25231.5(a)(3)(A)(B) When defining “uptime,” the commission shall do both of the following:
(i)CA Public Resources Code § 25231.5(a)(3)(A)(B)(i) Include the operability of both software and hardware.
(ii)CA Public Resources Code § 25231.5(a)(3)(A)(B)(ii) Consider federal definitions to ensure consistency between standards.
(C)CA Public Resources Code § 25231.5(a)(3)(A)(C) The commission shall determine what events that make a charging station inoperable constitute excluded time for purposes of developing the formula. In making this determination, the commission and Public Utilities Commission shall only consider events that are outside a charging station operator’s control. This may include issues related to the electrical grid, WiFi connectivity, cellular connectivity, and vandalism, as defined by the commission through a public workshop process.
(b)Copy CA Public Resources Code § 25231.5(b)
(1)Copy CA Public Resources Code § 25231.5(b)(1) The commission may consider additional reliability metrics, including, but not limited to, success rate to initiate a charging session, customer satisfaction, and the number, nature, or length of events that interrupt service.
(2)CA Public Resources Code § 25231.5(b)(2) The commission, in consultation with the Public Utilities Commission, shall hold a public workshop to discuss and identify industry best practices and charger technology capabilities that are demonstrated to increase reliability. As a result of this workshop, the commission may incorporate these best practices and capabilities into its uptime recordkeeping and reporting standards.
(3)CA Public Resources Code § 25231.5(b)(3) Uptime recordkeeping and reporting standards may vary by technology type, power levels, number of chargers per site, and site ownership. Factors may include whether chargers are networked, whether chargers are Level 1, Level 2, or direct current fast chargers, and whether chargers are all-inclusive mobile solar charging stations.
(4)CA Public Resources Code § 25231.5(b)(4) Uptime recordkeeping and reporting standards shall not apply to charging stations installed at residential real property containing four or fewer dwelling units.
(5)CA Public Resources Code § 25231.5(b)(5) The funding entity shall clearly disclose these reporting requirements to the funding recipient. If the funding recipient is an electric vehicle service provider or other third-party entity that is not the site host, the electric vehicle service provider or third-party entity shall provide a separate disclosure to the site host about the site host’s right to designate the service provider or third-party as the entity to report the data on behalf of the site host. The funding recipient shall verify receipt by signing the disclosure, to be confirmed by the funding entity.
(c)Copy CA Public Resources Code § 25231.5(c)
(1)Copy CA Public Resources Code § 25231.5(c)(1) Beginning January 1, 2025, the commission shall assess the uptime of charging station infrastructure, including, at a minimum, an assessment of equitable access to reliable charging stations in low-, moderate-, and high-income communities.
(2)CA Public Resources Code § 25231.5(c)(2) The commission shall update the assessment performed pursuant to this subdivision every two years.
(3)CA Public Resources Code § 25231.5(c)(3) An individual or company supplying information or data to the commission pursuant to this section may request that the information or data be held in confidence by the commission pursuant to Section 25322.
(d)Copy CA Public Resources Code § 25231.5(d)
(1)Copy CA Public Resources Code § 25231.5(d)(1) The commission, in consultation with the Public Utilities Commission, shall adopt tools to increase charging station uptime, including, but not limited to, uptime requirements, operation and maintenance requirements, and may include incentives, including operation and maintenance incentives.
(2)CA Public Resources Code § 25231.5(d)(2) By January 1, 2025, the commission shall set standards for how stations subject to this section shall notify customers about the availability and accessibility of publicly available charging infrastructure.
(e)CA Public Resources Code § 25231.5(e) This section does not prohibit or limit the commission’s or other state agencies’ ability under any other law, including, but not limited to, the authority to include reporting or reliability requirements as a condition of grants or other agreements or to adopt other charging station reporting standards.
(f)CA Public Resources Code § 25231.5(f) Nothing in this section shall be construed to grant the commission an exemption from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(g)CA Public Resources Code § 25231.5(g) This section shall remain in effect only until January 1, 2035, and as of that date is repealed.

Section § 25232

Explanation

This law establishes the Blue Ribbon Commission on Lithium Extraction in California, which is tasked with exploring opportunities and challenges in lithium extraction from geothermal sources. The commission is made up of 14 members from various sectors including government, industry, and local communities. It focuses on issues like developing geothermal power for lithium recovery, market opportunities for lithium, and overcoming challenges in extraction and processing.

The commission is also tasked with identifying safe environmental methods for extraction, assessing potential economic and environmental impacts, and exploring incentives to promote lithium extraction efforts. The group can take public input and must consult with federal agencies when feasible. By October 1, 2022, they are required to report their findings and recommendations to the Legislature, and this requirement remains in effect until October 1, 2023.

(a)CA Public Resources Code § 25232(a) For purposes of this section, the following terms have the following meanings:
(1)CA Public Resources Code § 25232(a)(1) “Blue Ribbon Commission” means the Blue Ribbon Commission on Lithium Extraction in California established pursuant to this section.
(2)CA Public Resources Code § 25232(a)(2) “Commission” means the State Energy Resources Conservation and Development Commission.
(b)CA Public Resources Code § 25232(b) On or before March 1, 2021, using existing budgetary resources, the State Energy Resources Conservation and Development Commission shall establish, within the commission, and convene the Blue Ribbon Commission on Lithium Extraction in California. The Blue Ribbon Commission shall be composed of the following 14 members:
(1)CA Public Resources Code § 25232(b)(1) A member appointed by the commission.
(2)CA Public Resources Code § 25232(b)(2) A member of the Public Utilities Commission, appointed by the Public Utilities Commission.
(3)CA Public Resources Code § 25232(b)(3) A member appointed by the Secretary of the Natural Resources Agency.
(4)CA Public Resources Code § 25232(b)(4) A member, appointed by the commission, who represents the lithium extraction industry.
(5)CA Public Resources Code § 25232(b)(5) A member appointed by the Speaker of the Assembly.
(6)CA Public Resources Code § 25232(b)(6) A member appointed by the Senate Committee on Rules.
(7)CA Public Resources Code § 25232(b)(7) A member, appointed by the commission, who represents a national vehicle manufacturer organization.
(8)CA Public Resources Code § 25232(b)(8) A member, appointed by the commission, who represents a local environmental organization.
(9)CA Public Resources Code § 25232(b)(9) A member, appointed by the commission, who represents a local city or county government in the Salton Sea geothermal resource area.
(10)CA Public Resources Code § 25232(b)(10) A member, appointed by the commission, who represents a local public electric utility.
(11)CA Public Resources Code § 25232(b)(11) A member, appointed by the commission, from a local community group that represents disadvantaged and low-income communities in the Salton Sea geothermal resource area.
(12)CA Public Resources Code § 25232(b)(12) A member, appointed by the commission, who represents a local tribal community.
(13)CA Public Resources Code § 25232(b)(13) A member, appointed by the commission, with knowledge of economics and the effectiveness of local, state, and federal incentives.
(14)CA Public Resources Code § 25232(b)(14) A member appointed by the Governor.
(c)CA Public Resources Code § 25232(c) The chair of the Blue Ribbon Commission shall be selected by the members of the Blue Ribbon Commission.
(d)CA Public Resources Code § 25232(d) The Blue Ribbon Commission shall review, investigate, and analyze the following issues relating to lithium extraction and use in California:
(1)CA Public Resources Code § 25232(d)(1) Actions that will support the further development of geothermal power that have the potential to provide the cobenefit of lithium recovery from existing and new geothermal facilities.
(2)CA Public Resources Code § 25232(d)(2) Market opportunities for lithium.
(3)CA Public Resources Code § 25232(d)(3) The potential benefits of, and added value to, existing and new geothermal facilities in areas that contain mineral-rich brines for the state, the western energy grid, and the United States, including, but not limited to, grid stability, reliability, and resiliency.
(4)CA Public Resources Code § 25232(d)(4) Methods of overcoming technical and economic challenges currently limiting lithium extraction, processing, and production from geothermal brines.
(5)CA Public Resources Code § 25232(d)(5) Safe environmental methods and standards for lithium extraction from geothermal brines and how this compares to other methods for deriving lithium.
(6)CA Public Resources Code § 25232(d)(6) Potential economic and environmental impacts to the state resulting from extraction, processing, and production of lithium and lithium-dependent products from geothermal brines.
(7)CA Public Resources Code § 25232(d)(7) The importance of, and opportunities for, the application of local, state, and federal incentives and investments to facilitate lithium extraction from geothermal brines, including, but not limited to, the following:
(A)CA Public Resources Code § 25232(d)(7)(A) Use of enhanced infrastructure financing districts, as defined in Section 53398.51 of the Government Code, or community revitalization investment authorities, as defined in Section 62001 of the Government Code.
(B)CA Public Resources Code § 25232(d)(7)(B) New employment tax credits in former enterprise zones.
(C)CA Public Resources Code § 25232(d)(7)(C) Income or franchise tax credits under agreements approved by the California Competes Tax Credit Committee.
(D)CA Public Resources Code § 25232(d)(7)(D) Sales tax exemptions for new manufacturing equipment.
(E)CA Public Resources Code § 25232(d)(7)(E) Leveraging tax incentives in federally recognized opportunity zones.
(8)CA Public Resources Code § 25232(d)(8) Recommendations for legislative or regulatory changes that may be needed to encourage lithium extraction from geothermal brines, including whether the development of a centralized tracking system for lithium project permitting by state and local regulatory agencies would assist with development of the lithium industry.
(e)CA Public Resources Code § 25232(e) In conducting the tasks described in subdivision (d), the Blue Ribbon Commission shall consult, when feasible, with the United States Environmental Protection Agency and the United States Department of Energy.
(f)CA Public Resources Code § 25232(f) The Blue Ribbon Commission may take public input for recommendations on the issues in subdivision (d).
(g)CA Public Resources Code § 25232(g) On or before October 1, 2022, the Blue Ribbon Commission shall submit a report to the Legislature documenting its findings and any recommendations developed after conducting the review and analyses required pursuant to subdivision (d).
(1)CA Public Resources Code § 25232(g)(1) The report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(2)CA Public Resources Code § 25232(g)(2) The requirements of this subdivision shall remain operative only until October 1, 2023.

Section § 25233

Explanation

This law requires the commission and the Public Utilities Commission to jointly prepare and submit a Reliability Planning Assessment to the Legislature every quarter, starting from December 15, 2022. This assessment will provide a forecast of California's electrical supply and demand over the next 5 to 10 years under different risk scenarios, focusing on areas under the Independent System Operator's (ISO) system. It will detail breakdowns by the type and area, include data on imports and transmission capacity, and provide updates on resources like renewable projects. It also highlights any significant delays or barriers to renewable energy development, making recommendations to resolve these issues. Additionally, the assessment will maintain confidentiality for sensitive market information and draw upon the latest integrated energy policy report for demand assessments. The law mandates continual updates in the energy almanac to include energy storage resources and addresses regulatory barriers.

(a)CA Public Resources Code § 25233(a) Notwithstanding Section 10231.5 of the Government Code, on or before December 15, 2022, and quarterly thereafter, the commission and the Public Utilities Commission shall submit a joint Reliability Planning Assessment to the Legislature in accordance with Section 9795 of the Government Code.
(1)CA Public Resources Code § 25233(a)(1) The assessment shall identify estimates for the electrical supply and demand balance, for the forward 5- and 10-year periods, under high-, medium-, and low-risk scenarios. The assessment shall identify loads and resources online and loads and resources expected by reliability year ending September 30.
(2)CA Public Resources Code § 25233(a)(2) The assessment shall focus on the Independent System Operator system, with an emphasis on the electrical demand, load, supply, or resource for load-serving entities subject to the Public Utilities Commission’s jurisdiction. The assessment shall break down loads and resources by type of load-serving entity by year by transmission access charge area.
(3)CA Public Resources Code § 25233(a)(3) The assessment shall include information about imports, by amount, source if known, and other relevant factors, and transmission capacity for imports by date and transmission access area or balancing authority.
(4)CA Public Resources Code § 25233(a)(4) The commission shall provide an estimate for the loads and resources for the entities that are not subject to the Public Utilities Commission’s jurisdiction that are part of the Independent System Operator system supply and demand balance.
(5)CA Public Resources Code § 25233(a)(5) The assessment shall include prospective information on existing and expected resources, including updates on the interconnection status for renewable projects and any delays in interconnection, and expected retirements for both system and local resources. This shall include updates based on actions taken directly by, or as a result of, the Tracking Energy Development Task Force. The assessment shall include an accompanying Gantt chart to track progress.
(6)CA Public Resources Code § 25233(a)(6) The assessment shall maintain confidentiality of market sensitive information.
(7)CA Public Resources Code § 25233(a)(7) The assessment shall rely upon the most recently available integrated energy policy report prepared pursuant to Section 25302 for the demand assessment.
(8)CA Public Resources Code § 25233(a)(8) The assessment shall report on any other significant delays or barriers affecting timely deployment of renewable energy and zero-carbon resources, including, but not limited to, supply chain disruptions, land use restrictions, and permitting processes.
(9)CA Public Resources Code § 25233(a)(9) The assessment shall make recommendations to the Legislature on actions needed to resolve any delays or barriers reported in the assessment.
(10)CA Public Resources Code § 25233(a)(10) The assessment shall report on any regulatory barriers and challenges to increasing deployment of other preferred resources, including energy efficiency and demand response programs.
(b)CA Public Resources Code § 25233(b) The commission shall continue to report on California energy resources that serve load in California in the energy almanac. The commission shall expand the energy almanac report to include storage resources that serve wholesale load. The commission shall report on energy resources that serve load in the Independent Systems Operator system, which is a subset of its current reporting of all California resources, and may include energy resources located outside the state.

Section § 25233.2

Explanation

This law requires the commission to evaluate the costs and environmental impact of continuing operations at the Diablo Canyon powerplant versus using alternative energy sources from 2024 to 2035. If costs exceed certain thresholds, the commission must reassess the cost-effectiveness of keeping the powerplant running.

The commission also needs to work with others to determine if keeping the powerplant operating until at least 2030 is necessary for electricity reliability.

From July 1, 2023, and yearly until 2031, the commission must report on the powerplant's operations, including costs and outages. Additionally, the commission can enter into contracts for these analyses without usual state approvals.

(a)CA Public Resources Code § 25233.2(a) By September 30, 2023, the commission shall present a cost comparison of whether extended operations at the Diablo Canyon powerplant compared to a portfolio of other feasible resources available for calendar years 2024 to 2035, inclusive, is consistent with the greenhouse gases emissions reduction goals of Section 454.53 of the Public Utilities Code. As part of this comparison, the commission shall evaluate the alternative resource costs, and shall make all evaluations available to the public within the proceeding docket.
(b)CA Public Resources Code § 25233.2(b) With respect to the Department of Water Resources loan to the operator of the Diablo Canyon powerplant, pursuant to Chapter 6.3 (commencing with Section 25548), if the costs of the extension of operations of the Diablo Canyon powerplant exceed limits provided for in the loan agreement at any time, the commission shall reevaluate the cost-effectiveness of prolonging the powerplant’s operations.
(c)CA Public Resources Code § 25233.2(c) Within 180 days of the operator of the Diablo Canyon powerplant submitting an application with the United States Department of Energy to receive potential funding for extended operations of the Diablo Canyon powerplant, the commission, in consultation with the Independent System Operator and the Public Utilities Commission, shall make a determination in a public process, whether the state’s electricity forecasts for the calendar years 2024 to 2030, inclusive, show potential for reliability deficiencies if the Diablo Canyon powerplant operation is not extended beyond 2025, and whether extending operations of the Diablo Canyon powerplant to at least 2030 is prudent to ensure reliability in light of any potential for supply deficiency, and is consistent with the emissions reduction goals of Section 454.53 of the Public Utilities Code. The determination shall be approved by a vote of the commission at its business meeting.
(d)CA Public Resources Code § 25233.2(d) On or before July 1, 2023, and on July 1 of each year thereafter until 2031, the commission, in coordination with the Public Utilities Commission and the Independent System Operator, shall publish on its internet website in a new report, or as part of another report, an assessment of the operation of the Diablo Canyon powerplant. The report shall include, but not be limited to, outage information, powerplant operational costs, average revenues from electricity sales, worker attrition, and the powerplant’s contribution to resource adequacy requirements.
(e)CA Public Resources Code § 25233.2(e) The commission may enter into contracts to implement the analysis in subdivisions (a) and (c), and the contracts shall not require the review, consent, or approval of the Department of General Services or any other state department or agency and do not need to comply with requirements under the State Contracting Manual, the Public Contract Code, or the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code.

Section § 25233.5

Explanation

This law requires the commission, along with various California state bodies, to create and share guidelines on their website to support building owners in making their buildings more environmentally friendly. This includes switching from fossil-fuel equipment to electric equipment and installing electric vehicle chargers. The guidance covers topics like available electric equipment options, energy budgeting to fit new installations within current energy capacities of buildings, and technology that allows for shared electrical circuits.

Additionally, it includes strategies for creating comprehensive electrification plans for future upgrades, such as changes in wiring that reduce the need for future work and correctly sizing energy systems. The law also promotes creating model permit applications and streamlined checklists to help local governments facilitate efficient permitting and inspections for these upgrades.

To help building owners to decarbonize buildings and add energy storage or electric vehicle charging capacity to buildings, the commission, in coordination with the Public Utilities Commission, the Department of Housing and Community Development, the California Building Standards Commission, and other relevant state agencies, shall gather or develop, and publish on the commission’s internet website, guidance and best practices to help building owners, the construction industry, and local governments overcome barriers to electrification of buildings and installation of electric vehicle charging equipment that include any of the following topics:
(a)CA Public Resources Code § 25233.5(a) Availability of electrical equipment for replacement of the common fossil-fuel-powered equipment within buildings, including high-efficiency options that can minimize electrical service capacity requirements.
(b)CA Public Resources Code § 25233.5(b) Approaches for energy budgeting to fit electrical replacements and vehicle-charging equipment within the existing electrical service capacity of the building whenever possible, including guidance on how to maximize the use of the nonconcurrent electrical load that is allowed under the California Electrical Code (Part 3 (commencing with Section 89.101.1) of Title 24 of the California Code of Regulations).
(c)CA Public Resources Code § 25233.5(c) Technologies that allow the noncoincidental sharing of electrical circuits.
(d)CA Public Resources Code § 25233.5(d) The development of whole building electrification plans to help building owners prepare for future additions of electrical equipment, even if only a portion of equipment will be replaced, or energy storage or vehicle charging added, during an initial project. The plan may include wiring changes and energy planning to reduce the need for rework and help correctly size distributed energy and energy storage systems to anticipated future needs, including anticipated future voluntary and mandatory vehicle charging standards in the California Building Standards Code.
(e)CA Public Resources Code § 25233.5(e) Model permit applications, an eligibility checklist for expedited permitting, and a concise inspection list for the most common building electrification, energy storage, or vehicle charging installation projects that would be suitable for adoption by local governments seeking to streamline and standardize permitting and inspections.

Section § 25235

Explanation

This section of the law focuses on helping California electrical corporations and other entities obtain funding for clean energy and decarbonizing projects. By the end of 2023, a governing body, with help from various state departments, must identify and apply for state and federal funding options that align with certain environmental policies. They'll also support entities in filling out these funding applications. The body might work with the U.S. Department of Energy to understand available federal funds and can use state resources to maximize access to these funds. They should submit a report to the Legislature by the end of 2023 suggesting legal changes to better access federal funds. The section is set to be repealed in 2028.

(a)CA Public Resources Code § 25235(a) For purposes of this section, “financing or investment solutions” means financing or investment solutions that are consistent with the United States Environmental Protection Agency’s inclusive utility investments policies or other industry best practices, and that will enable electrical corporations, community choice aggregators, or other eligible entities to provide zero-emission, clean energy, or decarbonizing building upgrades.
(b)Copy CA Public Resources Code § 25235(b)
(1)Copy CA Public Resources Code § 25235(b)(1) On or before December 31, 2023, the commission, in coordination with the Governor’s Office of Business and Economic Development, the Public Utilities Commission, and the Treasurer, shall do all of the following:
(A)CA Public Resources Code § 25235(b)(1)(A) Identify available state and federal financing or investment solutions.
(B)CA Public Resources Code § 25235(b)(1)(B) Apply for federal financing or investment solutions, where applicable.
(C)CA Public Resources Code § 25235(b)(1)(C) Provide technical assistance to electrical corporations, community choice aggregators, or other eligible entities to apply for state and federal financing or investment solutions.
(2)CA Public Resources Code § 25235(b)(2) The commission may consult with the United States Department of Energy regarding the identification of federal financing or investment solutions, pursuant to paragraph (1).
(3)CA Public Resources Code § 25235(b)(3) To maximize the state’s access to federal financing or investment solutions, pursuant to paragraph (1), the commission may do any of the following:
(A)CA Public Resources Code § 25235(b)(3)(A) Identify the authority of the Treasurer to administer financing or investment solutions, and to identify programs administered by the Treasurer that provide financing or investment solutions.
(B)CA Public Resources Code § 25235(b)(3)(B) Identify funding appropriated in the Budget Act of 2022 that enables or otherwise impacts the availability of federal funding for financing or investment solutions.
(C)CA Public Resources Code § 25235(b)(3)(C) Identify state programs, authorizations, and administrative actions that enable, or could enable, access to federal funding for financing or investment solutions, including, but not limited to, Public Utilities Commission Rulemaking 20-08-022 (Order Instituting Rulemaking to Investigate and Design Clean Energy Financing Options for Electricity and Natural Gas Customers), filed August 27, 2020.
(c)CA Public Resources Code § 25235(c) On or before December 31, 2023, the commission shall prepare and submit a report to the relevant committees of the Legislature that describes any statutory changes necessary to improve access to federal funding for financing or investment solutions.
(d)CA Public Resources Code § 25235(d) Notwithstanding Section 10231.5 of the Government Code, this section shall remain in effect only until January 1, 2028, and as of that date is repealed.