It is the intent of the Legislature in establishing this program, to increase the amount of electricity generated from eligible renewable energy resources per year, so that it equals at least 33 percent of total retail sales of electricity in California per year by December 31, 2020.
Chapter 8.6Renewable Energy Resources Program
Section § 25740
This law is aimed at boosting the production of electricity from renewable energy sources in California. The goal is to ensure that by the end of 2020, at least 33% of the electricity sold at retail in California comes from renewable energy sources.
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Section § 25740.5
This section specifies that money collected for renewable energy, according to certain sections of the Public Utilities Code, must be transferred to the Renewable Resource Trust Fund. The funds collected between January 1, 2007, and January 1, 2012, were designated for specific purposes outlined in the same chapter.
Notwithstanding any other law, moneys collected for renewable energy pursuant to Article 15 (commencing with Section 399) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code shall be transferred to the Renewable Resource Trust Fund. Moneys collected between January 1, 2007, and January 1, 2012, shall be used for the purposes specified in this chapter.
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Section § 25741
This section defines key terms related to renewable electricity generation facilities in California. A 'renewable electrical generation facility' is a plant using renewable resources like solar, wind, or geothermal energy. It must meet specific location and operational criteria, including not violating environmental standards and participating in certain compliance systems. If the facility is outside the US, it must protect the environment like those in California. The section also outlines requirements for 'municipal solid waste conversion,' which involves using a non-combustion process to convert waste into fuel while adhering to strict environmental, recycling, and operational standards. Additionally, it defines the 'renewable energy public goods charge,' a funding mechanism for renewable energy, and clarifies the term 'retail seller' as per another code section.
As used in this chapter, the following definitions apply:
(a)CA Public Resources Code § 25741(a) “Renewable electrical generation facility” means a facility that meets all of the following criteria:
(1)CA Public Resources Code § 25741(a)(1) The facility uses biomass, solar thermal, photovoltaic, wind, geothermal, fuel cells or linear generators using fuels described in this paragraph that otherwise meet the requirements of this subdivision, small hydroelectric generation of 30 megawatts or less, digester gas, municipal solid
waste conversion, landfill gas, ocean wave, ocean thermal, or tidal current, and any additions or enhancements to the facility using that technology.
(2)CA Public Resources Code § 25741(a)(2) The facility satisfies one of the following requirements:
(A)CA Public Resources Code § 25741(a)(2)(A) The facility is located in the state or near the border of the state with the first point of connection to the transmission network of a balancing authority area primarily located within the state. For purposes of this subparagraph, “balancing authority area” has the same meaning as defined in Section 399.12 of the Public Utilities Code.
(B)CA Public Resources Code § 25741(a)(2)(B) The facility has its first point of interconnection to the transmission network outside the state, within the Western Electricity Coordinating Council (WECC) service
area, and satisfies all of the following requirements:
(i)CA Public Resources Code § 25741(a)(2)(B)(i) It commences initial commercial operation after January 1, 2005.
(ii)CA Public Resources Code § 25741(a)(2)(B)(ii) It will not cause or contribute to any violation of a California environmental quality standard or requirement.
(iii)CA Public Resources Code § 25741(a)(2)(B)(iii) It participates in the accounting system to verify compliance with the renewables portfolio standard established by the commission pursuant to subdivision (b) of Section 399.25 of the Public Utilities Code.
(C)CA Public Resources Code § 25741(a)(2)(C) The facility meets the requirements of clauses (ii) and (iii)
of subparagraph (B), but does not meet the requirements of clause (i) of subparagraph (B) because it commenced initial operation before January 1, 2005, if the facility satisfies either of the following requirements:
(i)CA Public Resources Code § 25741(a)(2)(C)(i) The electricity is from incremental generation resulting from expansion or repowering of the facility.
(ii)CA Public Resources Code § 25741(a)(2)(C)(ii) Electricity generated by the facility was procured by a retail seller or local publicly owned electric utility as of January 1, 2010.
(3)CA Public Resources Code § 25741(a)(3) If the facility is outside the United States, it is developed and operated in a manner that is as protective of the environment as a similar facility located in the state.
(4)CA Public Resources Code § 25741(a)(4) If eligibility
of the facility is based on the use of landfill gas, digester gas, or another renewable fuel delivered to the facility through a common carrier pipeline, the transaction for the procurement of that fuel, including the source of the fuel and delivery method, satisfies the requirements of Section 399.12.6 of the Public Utilities Code and is verified pursuant to the accounting system established by the commission pursuant to Section 399.25 of the Public Utilities Code, or a comparable system, as determined by the commission.
(b)CA Public Resources Code § 25741(b) “Municipal solid waste conversion” means a technology that uses a noncombustion thermal process to convert solid waste to a clean-burning fuel for the purpose of generating electricity, and that meets all of the following criteria:
(1)CA Public Resources Code § 25741(b)(1) The technology does
not use air or oxygen in the conversion process, except ambient air to maintain temperature control.
(2)CA Public Resources Code § 25741(b)(2) The technology produces no discharges of air contaminants or emissions, including greenhouse gases as defined in Section 38505 of the Health and Safety Code.
(3)CA Public Resources Code § 25741(b)(3) The technology produces no discharges to surface or groundwaters of the state.
(4)CA Public Resources Code § 25741(b)(4) The technology produces no hazardous wastes.
(5)CA Public Resources Code § 25741(b)(5) To the maximum extent feasible, the technology removes all recyclable materials and marketable green waste compostable materials from the solid waste stream before the conversion process and the owner or operator of the facility certifies that those materials will be
recycled or composted.
(6)CA Public Resources Code § 25741(b)(6) The facility at which the technology is used is in compliance with all applicable laws, regulations, and ordinances.
(7)CA Public Resources Code § 25741(b)(7) The technology meets any other conditions established by the commission.
(8)CA Public Resources Code § 25741(b)(8) The facility certifies that any local agency sending solid waste to the facility diverted at least 30 percent of all solid waste it collects through solid waste reduction, recycling, and
composting. For purposes of this paragraph, “local agency” means any city, county, or special district, or subdivision thereof, that is authorized to provide solid waste handling services.
(c)CA Public Resources Code § 25741(c) “Renewable energy public goods charge” means that portion of the nonbypassable system benefits charge required to be collected to fund renewable energy pursuant to the Reliable Electric Service Investments Act (Article 15 (commencing with Section 399) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code).
(d)CA Public Resources Code § 25741(d) “Report” means the report entitled “Investing in Renewable Electricity Generation in California” (June 2001, Publication Number P500-00-022) submitted to the Governor and the Legislature by the commission.
(e)CA Public Resources Code § 25741(e) “Retail seller” means a “retail seller” as defined in Section 399.12 of the Public Utilities Code.
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Section § 25744.5
This law section directs the commission to allocate funds meant for new renewable technologies specifically to support photovoltaic and solar thermal electric technologies. The funding is governed by criteria and conditions set out in a specific chapter, beginning with Section 25780.
The commission shall allocate and use funding available for emerging renewable technologies pursuant to Section 25751 to fund photovoltaic and solar thermal electric technologies in accordance with eligibility criteria and conditions established pursuant to Chapter 8.8 (commencing with Section 25780).
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Section § 25746
If the commission gives money to set up a system that checks if energy sellers are following rules about using renewable energy, they must cover the costs of this system by charging user fees.
If the commission provides funding for a regional accounting system to verify compliance with the renewables portfolio standard by retail sellers, pursuant to subdivision (b) of Section 399.25 of the Public Utilities Code, the commission shall recover all costs from user fees.
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Section § 25747
The commission has to set guidelines for funding programs in a public meeting where people can give feedback, and any major changes need a 10-day public notice. Meetings have to be announced at least 30 days in advance. These guidelines are exempt from certain government procedural requirements. Changes to these rules in 2002 didn't alter existing law but just clarified it.
Funds can be committed for several years to support these programs. Grants are given based on these guidelines, and if you think non-germane factors were considered, you can appeal. Applying for or maintaining grant eligibility isn't seen as providing services or benefits to the commission.
The details about the grants, including the amount and terms, must be public information.
(a)CA Public Resources Code § 25747(a) The commission shall adopt guidelines governing the funding programs authorized under this chapter, at a publicly noticed meeting offering all interested parties an opportunity to comment. Substantive changes to the guidelines shall not be adopted without at least 10 days’ written notice to the public. The public notice of meetings required by this subdivision shall not be less than 30 days. Notwithstanding any other law, any guidelines adopted pursuant to this chapter or Section 399.25 of the Public Utilities Code, shall be exempt from the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The Legislature declares that the changes made to this subdivision by the act amending this section during the 2002 portion of the 2001–02 Regular Session are declaratory
of, and not a change in, existing law.
(b)CA Public Resources Code § 25747(b) Funds to further the purposes of this chapter may be committed for multiple years.
(c)CA Public Resources Code § 25747(c) Awards made pursuant to this chapter are grants, subject to appeal to the commission upon a showing that factors other than those described in the guidelines adopted by the commission were applied in making the awards and payments. Any actions taken by an applicant to apply for, or become or remain eligible and registered to receive, payments or awards, including satisfying conditions specified by the commission, shall not constitute the rendering of goods, services, or a direct benefit to the commission.
(d)CA Public Resources Code § 25747(d) An award made pursuant to this chapter, the amount of the award, and the terms and conditions of the grant are public information.
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Section § 25751
This section sets up the Renewable Resource Trust Fund in California's State Treasury with a specific part called the Emerging Renewable Resources Account. This account gets its funding continuously without needing yearly approval and is used for a few specific purposes. It finalizes incentives for emerging technologies and wraps up consumer education that were both previously part of the law before 2012. It also funds the New Solar Homes Partnership, which encourages the building of homes that use solar energy. The state's Controller handles these funds, ensuring contracts and grants from before the 2012 Budget Act are paid. If the Public Utilities Commission decides that the Energy Commission should run the New Solar Homes Partnership, the funds for this program go into the Emerging Renewable Resources Account.
(a)CA Public Resources Code § 25751(a) The Renewable Resource Trust Fund is hereby created in the State Treasury.
(b)CA Public Resources Code § 25751(b) The Emerging Renewable Resources Account is hereby established within the Renewable Resources Trust Fund. Notwithstanding Section 13340 of the Government Code, the moneys in the account are hereby continuously appropriated to the commission without regard to fiscal years for the following purposes:
(1)CA Public Resources Code § 25751(b)(1) To close out the award of incentives for emerging technologies in accordance with former Section 25744, as this law existed prior to the enactment of the Budget Act of 2012, for which applications had been approved before the enactment of the Budget Act of 2012.
(2)CA Public Resources Code § 25751(b)(2) To close out consumer education activities in accordance with former Section 25746, as this law existed prior to the enactment of the Budget Act of 2012.
(3)CA Public Resources Code § 25751(b)(3) To provide funding for the New Solar Homes Partnership pursuant to paragraph (3) of subdivision (e) of Section 2851 of the Public Utilities Code.
(c)CA Public Resources Code § 25751(c) The Controller shall provide to the commission funds pursuant to the continuous appropriation in, and for purposes specified in, subdivision (b).
(d)CA Public Resources Code § 25751(d) The Controller shall provide to the commission moneys from the fund sufficient to satisfy all contract and grant awards that were made by the commission pursuant to former Sections 25744 and 25746, and Chapter 8.8 (commencing with Section 25780), as these laws existed prior to the enactment of the
Budget Act of 2012.
(e)CA Public Resources Code § 25751(e) If the Public Utilities Commission determines that the commission should be the third-party administrator for the New Solar Homes Partnership Program pursuant to subparagraph (A) of paragraph (3) of subdivision (e) of Section 2851 of the Public Utilities Code, any moneys made available to fund the New Solar Homes Partnership Program shall be deposited into the Emerging Renewable Resources Account of the Renewable Resource Trust Fund and used for this purpose.
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