Chapter 3State Energy Resources Conservation and Development Commission
Section § 25200
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.
Section § 25201
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.
Section § 25202
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.
Section § 25203
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.
Section § 25204
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.
Section § 25205
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.
Section § 25206
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.
Section § 25207
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.
Section § 25208
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.
Section § 25209
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.
Section § 25210
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.
Section § 25211
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.
Section § 25212
Every two years, the Governor needs to choose a chair and vice chair from the members of a specific commission.
Section § 25213
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.
Section § 25214
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.
Section § 25215
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.
Section § 25216
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.
Section § 25216.3
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.
Section § 25216.5
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.
Section § 25216.7
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.
Section § 25216.8
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.
Section § 25217
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.
Section § 25217.1
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.
Section § 25217.5
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.
Section § 25218
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.
Section § 25218.5
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.
Section § 25219
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.
Section § 25220
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.
Section § 25221
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.
Section § 25222
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.
Section § 25223
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.
Section § 25224
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.
Section § 25225
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.
Section § 25226
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.
Section § 25229
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.
Section § 25230
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.
Section § 25231
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.
Section § 25231.5
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.
Section § 25232
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.
Section § 25233
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.
Section § 25233.2
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.
Section § 25233.5
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.
Section § 25235
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.