Legislative Center

EPIC monitors and conducts analysis on key energy-related legislation in California. EPIC's Legislative Center provides a listing and summary of energy-related legislation.

2014 California Energy-Related Legislation

2014 Signed into Law by Governor Brown

Alternative Fuels and Vehicles

AB 225 (Nestande) Medium-Speed Electric Vehicles Regulation

This bill would: (1) authorize the operation of a medium-speed electric vehicle, as defined, at speeds of no more than 45 miles per hour on a roadway with a speed limit that does not exceed 45 miles per hour, (2) require a medium-speed electric vehicle to meet certain safety requirements, including specified Federal Motor Vehicle Safety Standards, (3) make, subject to exceptions, a medium-speed electric vehicle subject to all the laws applicable to a motor vehicle, (6) and the driver of a medium-speed electric vehicle subject to all the laws applicable to the driver of a motor vehicle or other vehicle, as specified.

AB 278 (Gatto) Criteria for Determining Carbon Intensity of Fuels Under Low Carbon Fuel Standard

This bill would require: (1)the ARB in promulgating regulations or other policies for purposes of the carbon intensity of fuels, to consider specified sustainability factors and the state of the fuel market and technologies, (2) require the ARB, no later than December 2014, to include mechanisms and policies that favor low-carbon fuels with the highest possible sustainability based on specified factors and to provide encourage incentives for sustainable fuels produced without food stock or displacement of food crops.

AB 1104 (Salas) CEQA: Biogas Pipeline Exemption

CEQA provides some exemptions from its requirements for specified projects, including for a project that consists of the inspection, maintenance, repair, restoration, reconditioning, relocation, replacement, or removal of an existing pipeline, as defined, if specified conditions are met. This bill would: (1) provide that, for purposes of that exemption, until January 1, 2018, “pipeline” also means a pipeline located in Fresno, Kern, Kings, or Tulare County, that is used to transport biogas, as the bill would define that term, and that meets the existing requirements for the exemption and all local, state, and federal laws. (2) make legislative findings and declarations as to the necessity of a special statute for the Counties of Fresno, Kern, Kings, and Tulare.

SB 11 (Pavley) Alternative Fuel and Vehicle Funding Programs

This bill: (1) would require the Department of Consumer Affairs, in consultation with the Bureau of Automotive Repair and no later than June 30, 2015, to update the guidelines for the enhanced fleet modernization program to include specified elements and to study and consider specified elements, (2) establish compensation for replacement vehicles for low-income vehicle owners at not less than $2,500 and would make this compensation available to an owner in addition to the compensation for a retired vehicle, (3) authorizes an increase in the compensation under these programs for either retired or replacement vehicles only for low-income motor vehicle owners as necessary to balance maximizing air quality benefits of the program while ensuring participation by low-income motor vehicle owners, as specified, (4) extend smog abatement fees in the amounts required to make these deposits into the Alternative and Renewable Fuel and Vehicle Technology Fund, the Air Quality Improvement Fund, and the Enhanced Fleet Modernization Subaccount until January 1, 2024, at which time the fees would be reduced by those amounts, (5) extend the current authorization for the Carl Moyer program to fund a broader range of projects that reduce emissions until January 1, 2024, and would make other conforming changes in that regard, (6) delete obsolete references and make conforming changes to the Carl Moyer program, (7) require the commission and the state board to ensure that revenues from specified fees imposed on vehicles that are used for purposes of the Alternative and Renewable Fuel and Vehicle Technology Program and the Air Quality Improvement Program are expended in compliance with Section 3 of Article XIX of the California Constitution, (8) make its provisions contingent on the enactment of AB 8 of the 2013-14 Regular Session.

SB 600 (Lieu) Alternative Fuel Conversion Certificate Program

This bill: (1) commencing January 1, 2014, would require the ARB to use specified procedures for small volume manufacturers of vehicles seeking to have alternative fuel conversion systems certified by the state board, (2) requires the ARB, commencing January 1, 2014, to extend the life of a new vehicle or engine certification until December 31 of the year following a given vehicle model year.

SB 1184 (Hancock) San Francisco Bay Conservation and Development Commission: Sea Level Rise regarding regional resilie

This bill would require: (1) the San Francisco Bay Conservation and Development Commission, in collaboration with various other state, regional, and local government agencies, to take action to protect San Francisco Bay area residents from potential inundation and flooding resulting from sea level rise by preparing a regional resilience strategy for adapting to rising sea levels in the San Francisco Bay, containing specified components, (2) require the commission, no later than December 31, 2015, to complete the strategy and submit to the Legislature its recommendations for future actions to be taken regarding sea level rise.

SB 1204 (Lara) California Clean Truck and Bus Program

This bill would create the California Clean Truck and Bus Program, to be funded from cap and trade revenues, to fund zero- and near-zero emission truck and zero-emission bus technology and related projects, as specified, with preference to be given to projects in disadvantaged communities. The program would be administered by the ARB.

SB 1271 (Leno) Alternative Energy and Advanced Transporation

This bill would add two additional members to the California Alternative Energy and Advanced Transporation Financing Authority, one appointed by the Senate Committee on Rules and another appointed by the Speaker of the Assembly.

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Budget

AB 77 (Committee on Bu) Budget Act of 2013: Public Resources

Among other things, this bill would: (1) require funds authorized by the State Air Resources Board during or subsequent to the 2013–14 fiscal year to be allocated to local air pollution control and air quality management districts by prioritizing to retrofit or replace the most polluting schoolbuses in small local air pollution control and air quality management districts first and then medium local air pollution control and air quality management districts as defined by the state board, (2) require each allocation to provide sufficient funding for at least one project to be implemented pursuant to the Lower-Emission School Bus Program, (3) if a local air pollution control or air quality management district has unspent funds within 6 months of the expenditure deadline, would require the local air pollution control or air quality management district to work with the state board to transfer those funds to an alternative local air pollution control or air quality management district with existing demand, (4) require that allocations of Proposition 40 funds to the Lower-Emission School Bus Program be prioritized to retrofit or replace the most polluting schoolbuses in small local air quality management districts first and then to medium local air quality management districts as defined by the state board, (5) require that each allocation for this purpose provide enough funding for at least one project to be implemented pursuant to the Lower-Emission School Bus Program, (6) if a local air quality management district has unspent funds within 6 months of the expenditure deadline, would require the local air quality management district to work with the state board to transfer funds to an alternative local air quality management district with existing demand, (7) require the State Energy Resources Conservation and Development Commission, in administering moneys in the fund for research, development, and demonstration programs, to develop and administer the EPIC program for the purpose of awarding funds to projects that may lead to technological advancement and breakthroughs to overcome barriers that prevent the achievement of the state’s statutory energy goals and that may result in a portfolio of projects that is strategically focused and sufficiently narrow to make advancement on the most significant technological challenges, (8) require the State Energy Resources Conservation and Development Commission, no later than April 30 of each year, to prepare and submit to the Legislature an annual report regarding the EPIC program, (9) prohibit the Public Utilities Commission from requiring the collection of moneys pursuant to a specified decision and any amendments to that decision in an annual amount greater than the amount set forth in that decision of the Public Utilities Commission, (10) authorize the use of the Emerging Renewable Resources Account, a continuously appropriated account, within the Renewable Resource Trust Fund for the purposes of funding the New Solar Homes Partnership. Because the bill would expand the purposes of a continuously appropriated account, the bill would make an appropriation, (11) require the California Alternative Energy and Advanced Transportation Financing Authority to develop and administer a PACE risk mitigation program for PACE loans to increase their acceptance in the marketplace and protect against the risk of default and foreclosure, (12) include a PACE loan program as a PACE program. Because this bill would expand the use of the moneys appropriated by existing law, this bill would make an appropriation, (13) rename the Division of Ratepayer Advocates the Office of Ratepayer Advocates and would require that the director of the office develop a budget for the office that would be submitted to the Department of Finance for final approval, (14) require the lead attorney to obtain adequate legal personnel for the work to be conducted by the office from the Public Utilities Commission’s attorney and requires the Public Utilities Commission’s attorney to timely and appropriately fulfill all requests for legal personnel made by the lead attorney for the office, provided the office has sufficient moneys and positions in its budget for the services requested, (15) require the Public Utilities Commission to conduct a zero-based budget for all of its programs by January 10, 2015, (16) require the lead attorney to obtain adequate legal personnel for the work to be conducted by the office from the Public Utilities Commission’s attorney and requires the Public Utilities Commission’s attorney to timely and appropriately fulfill all requests for legal personnel made by the lead attorney for the office, provided the office has sufficient moneys and positions in its budget for the services requested, (17) require the Public Utilities Commission to conduct a zero-based budget for all of its programs by January 10, 2015, (18) prohibit the Public Utilities Commission, in implementing the 21st Century Energy System Decision, as defined, from authorizing recovery from ratepayers of any expense for research and development projects that are not for purposes of cyber security and grid integration and would limit total funding for research and development projects for the purposes of cyber security and grid integration from exceeding $35,000,000, (19) require that all cyber security and grid integration research and development projects be concluded by the 5th anniversary of their start date, (20) prohibit the Public Utilities Commission from approving recovery from ratepayers of certain program management expenditures proposed in the 21st Century Energy System Decision proceeding, (21) require the Public Utilities Commission to require the Lawrence Livermore National Laboratory, Pacific Gas and Electric Company, Southern California Edison Company, and San Diego Gas and Electric Company to ensure that research parameters reflect a new contribution to cyber security and grid integration and that there not be a duplication of research being done by other private and governmental entities, (22) require the participating electrical corporations to jointly report specified information to the Public Utilities Commission by December 1, 2013, and 60 days following conclusion of all research and development projects, and would require the Public Utilities Commission, upon determining that each report is sufficient, to report that information to the Legislature, (21) prohibit the Public Utilities Commission, by order, decision, motion, settlement, or other action, from establishing a nonstate entity, as defined, with any moneys other than those moneys that would otherwise belong to the public utility’s shareholders, (23) prohibit the Public Utilities Commission from entering into a contract with any nonstate entity in which a person serves as an owner, director, or officer while serving as a commissioner, (24) provide that any contract between the Public Utilities Commission and a nonstate entity is void and ceases to exist by operation of law if a person who was a commissioner at the time the contract was awarded, entered into, or extended, on or after January 1, 2014, becomes an owner, director, or officer of the nonstate entity while serving as a commissioner, (25) provide that a commissioner who acts as an owner, director, or officer of a nonstate entity that was established prior to January 1, 2014, as a result of an order, decision, motion, settlement, or other action by the Public Utilities Commission in which the commissioner participated, neglects his or her duty and may be removed pursuant to the California Constitution, (26) prohibit the Public Utilities Commission from distributing, expending, or encumbering any moneys received by the Public Utilities Commission as a result of any Public Utilities Commission proceeding or judicial action until the Public Utilities Commission provides the Director of Finance with written notification of the receipt of the moneys and the basis for these moneys being received by the Public Utilities Commission and the director provides not less than 60 days written notice to the Chairperson of the Joint Legislative Budget Committee and the chairs of the appropriate budget subcommittees of the Assembly and Senate of the receipt of the moneys and the basis for those moneys being received by the Public Utilities Commission, (27) authorize the Public Utilities Commission, if it is notified by the State Energy Resources Conservation and Development Commission that funding available pursuant to the Emerging Renewable Resources Account for the New Solar Homes Partnership Program has been exhausted, to require an electrical corporation to continue administration of the program pursuant to the guidelines established for the program by the State Energy Resources Conservation and Development Commission, until the funding limit of $400,000,000 has been reached, (28) require the Public Utilities Commission, in consultation with the State Energy Resources Conservation and Development Commission, to supervise the administration of the continuation of the New Solar Homes Partnership Program by an electrical corporation, (29) authorize an electrical corporation to elect to have a 3rd party administer the utility’s continuation of the program, (30) require the Director of Finance to notify the Joint Legislative Budget Committee of any hydroelectric power project relicensing proposal for the FERC that, if approved by the Department of Water Resources, would obligate the General Fund in the current or future years. This bill would authorize the department to approve that relicensing proposal not less than 30 days after the director notifies the committee.

SB 72 (Committed on Bu) Budget: Public Resources

This bill would: (1) authorize a Member of the Legislature appointed to a state board, commission, or similar multimember body within the Natural Resources Agency to designate an alternate to serve on the board, commission, or body in the Member’s absence, (2) require funds authorized by the State Air Resources Board during or subsequent to the 2013–14 fiscal year to be allocated to local air pollution control and air quality management districts by prioritizing to retrofit or replace the most polluting school buses in small local air pollution control and air quality management districts first and then medium local air pollution control and air quality management districts as defined by the state board, (3) require each allocation to provide sufficient funding for at least one project to be implemented pursuant to the Lower-Emission School Bus Program, (4), if a local air pollution control or air quality management district has unspent funds within 6 months of the expenditure deadline, would require the local air pollution control or air quality management district to work with the state board to transfer those funds to an alternative local air pollution control or air quality management district with existing demand, (5) require that Proposition 40 allocations to the Lower-Emission School Bus Program be prioritized to retrofit or replace the most polluting schoolbuses in small local air quality management districts first and then to medium local air quality management districts as defined by the state board, (6) require that each allocation for this purpose provide enough funding for at least one project to be implemented pursuant to the Lower-Emission School Bus Program, (7) if a local air quality management district has unspent funds within 6 months of the expenditure deadline, require the local air quality management district to work with the state board to transfer funds to an alternative local air quality management district with existing demand, (8) require the CEC, in administering moneys in the Electric Program Investment Charge Fund for research, development, and demonstration programs, to develop and administer the EPIC program for the purpose of awarding funds to projects that may lead to technological advancement and breakthroughs to overcome barriers that prevent the achievement of the state’s statutory energy goals and that may result in a portfolio of projects that is strategically focused and sufficiently narrow to make advancement on the most significant technological challenges, (9) require the CEC, no later than April 30 of each year, to prepare and submit to the Legislature an annual report regarding the EPIC program, (10)prohibit the Public Utilities Commission from requiring the collection of moneys pursuant to a specified decision and any amendments to that decision in an annual amount greater than the amount set forth in that decision of the Public Utilities Commission, (11) authorize the use of the moneys in the Emerging Renewable Resources Account, a continuously appropriated account within the Renewable Resource Trust Fund, for the purposes of funding the New Solar Homes Partnership, (12) require the California Alternative Energy and Advanced Transportation Financing Authority to develop and administer a PACE risk mitigation program for PACE loans to increase their acceptance in the marketplace and protect against the risk of default and foreclosure, (13) include a PACE loan program as a PACE program, (13) rename the Division of Ratepayer Advocates the Office of Ratepayer Advocates and would require that the director of the office develop a budget for the office that would be submitted to the Department of Finance for final approval, (14) require the lead attorney to obtain adequate legal personnel for the work to be conducted by the office from the Public Utilities Commission’s attorney and requires the Public Utilities Commission’s attorney to timely and appropriately fulfill all requests for legal personnel made by the lead attorney for the office, provided the office has sufficient moneys and positions in its budget for the services requested, (15) require the Public Utilities Commission to conduct a zero-based budget for all of its programs by January 10, 2015, (16) prohibit the Public Utilities Commission, in implementing the 21st Century Energy System Decision, as defined, from authorizing recovery from ratepayers of any expense for research and development projects that are not for purposes of cyber security and grid integration and would limit total funding for research and development projects for the purposes of cyber security and grid integration from exceeding $35,000,000, (17) require that all cyber security and grid integration research and development projects be concluded by the 5th anniversary of their start date, (18) prohibit the Public Utilities Commission from approving recovery from ratepayers of certain program management expenditures proposed in the 21st Century Energy System Decision proceeding, (19) require the Public Utilities Commission to require the Lawrence Livermore National Laboratory, Pacific Gas and Electric Company, Southern California Edison Company, and San Diego Gas and Electric Company to ensure that research parameters reflect a new contribution to cyber security and grid integration and that there not be a duplication of research being done by other private and governmental entities, (20) require the participating electrical corporations to jointly report specified information to the Public Utilities Commission by December 1, 2013, and 60 days following conclusion of all research and development projects, and would require the Public Utilities Commission, upon determining that each report is sufficient, to report that information to the Legislature, (21) prohibit the Public Utilities Commission, by order, decision, motion, settlement, or other action, from establishing a nonstate entity, as defined, with any moneys other than those moneys that would otherwise belong to the public utility’s shareholders, (22) prohibit the Public Utilities Commission from entering into a contract with any nonstate entity in which a person serves as an owner, director, or officer while serving as a commissioner, (23) provide that any contract between the Public Utilities Commission and a nonstate entity is void and ceases to exist by operation of law if a person who was a commissioner at the time the contract was awarded, entered into, or extended, on or after January 1, 2014, becomes an owner, director, or officer of the nonstate entity while serving as a commissioner, (24) provide that a commissioner who acts as an owner, director, or officer of a nonstate entity that was established prior to January 1, 2014, as a result of an order, decision, motion, settlement, or other action by the Public Utilities Commission in which the commissioner participated, neglects his or her duty and may be removed pursuant to the California Constitution, (25) prohibit the Public Utilities Commission from distributing, expending, or encumbering any moneys received by the Public Utilities Commission as a result of any Public Utilities Commission proceeding or judicial action until the Public Utilities Commission provides the Director of Finance with written notification of the receipt of the moneys and the basis for these moneys being received by the Public Utilities Commission and the director provides not less than 60 days written notice to the Chairperson of the Joint Legislative Budget Committee and the chairs of the appropriate budget subcommittees of the Assembly and Senate of the receipt of the moneys and the basis for those moneys being received by the Public Utilities Commission, (26) authorize the Public Utilities Commission, if it is notified by the State Energy Resources Conservation and Development Commission that funding available pursuant to the Emerging Renewable Resources Account for the New Solar Homes Partnership Program has been exhausted, to require an electrical corporation to continue administration of the program pursuant to the guidelines established for the program by the State Energy Resources Conservation and Development Commission, until the funding limit of $400,000,000 has been reached, (27) require the Public Utilities Commission, in consultation with the State Energy Resources Conservation and Development Commission, to supervise the administration of the continuation of the New Solar Homes Partnership Program by an electrical corporation, (28) authorize an electrical corporation to elect to have a 3rd party administer the utility’s continuation of the program, (29) require the Director of Finance to notify the Joint Legislative Budget Committee of any hydroelectric power project relicensing proposal for the FERC that, if approved by the Department of Water Resources, would obligate the General Fund in the current or future years. This bill would authorize the department to approve that relicensing proposal not less than 30 days after the director notifies the committee.

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California Environmental Quality Act

SB 731 (Steinberg) Changes to the CA Environmental Quality Act

This bill would: (1) provide that aesthetic and parking impacts of a residential, mixed-use residential, or employment center project, as defined, on an infill site, as defined, within a transit priority area, as defined, shall not be considered significant impacts on the environment, (2) require the Office of Planning and Research (office) to prepare and submit to the Secretary of the Natural Resources Agency, and the secretary to certify and adopt, revisions to the guidelines for the implementation of CEQA establishing thresholds of significance for noise and transportation impacts of projects within transit priority areas, (3) require the office, on or before July 1, 2015, to prepare, develop, and transmit to the secretary recommended proposed changes or amendments to the guidelines establishing criteria for a lead agency to assess the need for translating specified notices into non-English languages and requirements for the posting of those notices in non-English language, (4) require the office to produce a report on economic displacement and would require the office to publicly circulate a draft of the report, (5) require the lead agency, in making specified findings, to make those findings available to the public at least 10 days prior to the adoption of the findings and to provide specified notice of the availability of the findings for public review. Because the bill would require the lead agency to make the draft finding available for public review and to provide specified notices to the public, this bill would impose a state-mandated local program, (6) require the lead agency, at the request of a project applicant for specified projects, to, among other things, prepare a record of proceedings concurrently with the preparation of negative declarations, mitigated negative declarations, EIRs, or other environmental documents for specified projects. Because the bill would require a lead agency to prepare the record of proceedings as provided, this bill would impose a state-mandated local program, (7) authorize the tolling of the time period in which a person is required to bring a judicial action or proceeding challenging a public agency’s action taken pursuant to CEQA through a tolling agreement that does not exceed 4 years, (8) authorize the extension of the tolling agreement, (9)_revise certain CEQA criteria for streamlinings benefits for transit priority projects and specifies criteria for projects to be considered transit priority projects. end insert, (10) require the lead agency, upon the request of a member of the public, to prepare or cause to be prepared a report on project compliance with the required mitigation measures, as a part of the mitigation and monitoring plan, that is publicly available online. Because the lead agency would be required to prepare and make available this report, this bill would impose a state-mandated local program, (11) Existing law exempts from the requirements of CEQA residential development projects that are undertaken to implement, and are consistent with a specific plan for which an EIR has been certified after January 1, 1980. Existing law provides that this exemption does not apply if, after the certification of the EIR, a specified event occurs, unless a supplemental EIR for the specified plan is prepared and certified. This bill would specify that the event does not include new information consisting solely of specified information, (12) require a court to issue an order that includes a peremptory writ of mandate specifying actions that a public agency needs to take to comply with the requirements of CEQA, (13)require the writ to specify the time by which the public agency is to file an initial return to a writ containing specified information, (14) require the California Research Bureau, subject to the availability of funding and of information, to annually submit to the Legislature a report containing specified information on CEQA litigation in the state, (15) state the intent of the Legislature to appropriate $30,000,000 annually by the council for the purposes of providing competitive grants to local agencies for planning activities for the implementation of the sustainable communities strategy,(16) revise the definition of “infill opportunity zone,” as specified, (17) authorize the designation of an infill opportunity zone that is a transit priority area within a sustainable communities strategy or alternative planning strategy adopted by an applicable metropolitan planning organization, (18) repeal the provision that terminates the designation of an infill opportunity zone if no development project is completed within that zone within 4 years from the date of the designation, (19) establish, until January 1, 2017, in the office of the Governor the position of Advisor on Renewable Energy Facilities.

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California Independent System Operator (CAISO)

SB 1277 (Steinberg) Capacity Markets

This bill would: (1) prohibit the Independent System Operator from submitting any proposal to the Federal Energy Regulatory Commission that seeks approval of a new auction or market-based mechanism for forward procurement of electricity or capacity products in California unless it first obtains the formal concurrence of the Public Utilities Commission; (2) If the Federal Energy Regulatory Commission approves the mechanism, the bill would prohibit the Independent System Operator from proposing or endorsing any modification to the approved mechanism, unless it first obtains the formal concurrence of the Public Utilities Commission; (3) prohibit the Public Utilities Commission from formally concurring in these proposals unless it concludes that there is a de minimus risk that the proposal could preempt or otherwise frustrate state laws and policies relating to specified topics.

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California Public Utilities Commission

SB 48 (Hill) Merit Review for Energy-Related Research; Entities Formed to Receive Benefits on Behalf of Ratepayer

This bill would: (1) require the CPUC, by July 1, 2015, and every 3 years thereafter, to require electrical corporations with more than 100,000 customer accounts, to file a 3-year research plan, which includes, among other things, proposals for specific research and development projects and the estimated costs of the projects to the ratepayers, (2) require the Legislative Analyst’s Office to select members of a peer review to evaluate the 3-year research plan of each electrical corporation and would require that the peer review consider specified matters, (3) require the CPUC, by December 31, 2014, and by December 31 of each 3rd year thereafter, to prepare and submit a report to the relevant policy and fiscal committees of the Legislature listing all research and development projects where the expenses of the project were or are recovered from ratepayers during the previous 3 years, including for each project the citations of all published papers, all oral and poster presentations given at public meetings, and all patents awarded for the funded research.

SB 456 (Padilla) Disclosure of Sources of Electrical Generation

Existing law establishes a program under which retail suppliers of electricity, including electrical corporations and local publicly owned electric utilities, disclose accurate, reliable, and simple to understand information on the sources of energy that are used to provide electric services. This bill would require that the information disclosed include the total electricity purchases derived from generation sources within the state and total electricity purchases derived from generation sources that are located outside the state as well as the percentage of annual sales of electricity that was dispatched from an energy storage system, as defined.

SB 699 (Hill) Clean Distribution Energy Resources

This bill would require: (1) an electrical corporation to annually report to the CPUC capital expenditures included in the distribution category of the electrical corporation’s ratebase for each project, (2) require an electrical corporation to report all interconnection costs charged to the customer for each interconnection agreement to interconnect distributed energy resources, (3) require the CPUC, in consultation with the CEC, to direct an electrical corporation consider and procure clean distributed energy resources, as defined, to meet distribution grid needs as a part of the electrical corporation’s transmission and distribution grid infrastructure investments and to consider and procure clean distributed energy resources to meet the electrical corporation’s needs as part of any procurement and planning process at the CPUC, the CEC, or the Independent System Operator.

SB 900 (Hill) Public Utilities: Safety

This bill would: (1) require the CPUC to develop safety risk management procedures for use in quasi-legislative proceedings to assist the commission in determining whether or not a proposed policy or rule change will affect safety. The bill would require that the safety risk management procedures ensure the sufficient development of the evidentiary record to support findings with regard to the incremental effect on safety of the proposed policy or rule changes made in quasi-legislative proceedings, (2) require the commission to implement the safety risk management procedures by October 1, 2015, (3) require the commission to develop formal procedures to consider safety in a general rate case application by an electrical corporation or gas corporation, including a separate rate case application that considers a subset of the corporation’s revenues, expenses, and investments in plant and equipment to establish an approved revenue requirement.

SB 1092 (Calderon) Public Utilities Commission

This bill would make technical, nonsubstantive changes to Section 701 of the Public Utilites Code.

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Community Choice Aggregation

AB 2145 (Bradford) Community Choice Aggregation Opt In

This bill: (1) would provide that each customer be given an opportunity to opt in to his or her community’s aggregation program, (2) require a positive declaration from a customer for participation in the community choice aggregation program and that each customer be informed of his or her right to opt in to the program, (3) provide that a customer shall be served by the community choice aggregation program if an affirmative declaration is made, (4) require solicitations of customers by a community choice aggregator contain, and communication by the community choice aggregator to the public or prospective and existing customers to be consistent with, specified information and would require the implementation plan to include the disclosure of those specified information, (5) require that the implementation plan filed by a community choice aggregator completely describe other matter required to be disclosed under existing law, (6) authorize the commission to require that a community choice aggregator, when registering with the commission, provide additional information to ensure compliance with basic consumer protection and other rules and other procedural matters, (7) make other technical, nonsubstantive revisions to the community choice aggregator provisions.

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Direct Access

AB 687 (Roger Hernández) Direct Access Priority for Groundwater Remediation on Superfund Sites

This bill would: (1) require the CPUC, when authorizing additional direct transactions for retail nonresidential end-use customers, to provide the highest priority to acquire electric services from other providers to entities treating and remediating groundwater that a federal, state, or local agency identifies as contaminated if the entity is a public drinking water system serving a disadvantaged or severely disadvantaged community, (2) requires the entity treating and remediating contaminated groundwater to use moneys saved as a result of the direct transaction for activities related to the treatment and remediation of the groundwater, (3) correct a statutory reference to a reporting requirement of the commission.

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Electric Restructuring

SB 1195 (Padilla) Electrical Restructuring

This bill would: (1) repeal the reporting requirement that requires the Independent System Operator, within 6 months after receiving approval for its operation by the Federal Energy Regulatory Commission, to provide a report to the Legislature and the Electricity Oversight Board containing specified matter, (2) repeal the provision that requires that electrical restructuring states the intent of the Legislature that individual customers not experience rate increases as a result of the allocation of transition costs, as specified, and requires the Public Utilities Commission to implement a methodology for calculating certain Power Exchange energy credits, (3) repeal the provisions that requires each electrical corporation to propose a cost recovery plan to the CPUC for the recovery of the uneconomic costs of an electrical corporation’s generation-related assets and obligations, requires that the plan contain specified matter, and requires that the plan set rates for each customer class, rate schedule, contract, or tariff option, at levels equal to the level as shown on electric rate schedules as of June 10, 1996, provided that rates for residential and small commercial customers be reduced so that these customers receive rate reductions of no less than 10% for 1998 continuing through 2002; prohibits the commission, upon the termination of the 10% rate reduction for residential and small commercial customers, from subjecting those residential and small commercial customers to any rate increase or future rate obligations solely as a result of the termination of the 10% rate reduction, (4) repeal the provisions that require any electrical corporation serving agricultural customers with multiple meters to conduct research based on a statistically valid sample of those customers and meters to determine the typical simultaneous peak load of those customers and to report the results to those customers and the commission by July 1, 2001; require the commission to consider the research results in setting future electrical distribution rates for those customers, (5) repeal the provision that requires the CPUC allow recovery of reasonable employee related transition costs incurred and projected for severence, retraining, early retirement, outplacement, and related expenses for the employees in order to mitigate potential negative impacts on utility personnel directly affected by restructuring, (6) strike references to these repealed statutes.

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Energy Efficiency

AB 489 (Skinner) CEC Funding for Existing Building Efficiency Program

This bill would repeal the provision of Section 25943 of the Public Resources Code requiring the California Energy Commission to fund a comprehensive program to achieve greater energy savings in the state’s existing residential and nonresidential building stock from the Federal Trust Fund consistent with the federal American Recovery and Reinvestment Act of 2009 or other sources of nonstate funds available to the commission.

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Energy Management Zones

AB 1079 (Bradford) Energy Management Zones

This bill would: (1) authorize a city, county, or city and county to collaborate with an electrical or gas corporation, local publicly owned electric utility, or rural electric cooperative to designate an energy management area, as specified, (2) authorize a city, county, or city and county to propose one or more energy management plans, developed jointly with an electrical corporation, gas corporation, local publicly owned electric utility, or rural electric cooperative, serving an energy management area, in order to reduce air emissions and to promote economic development, the addition of new business, and the retention of existing businesses in that energy management area, (3) require the Public Utilities Commission to encourage electrical or gas corporations to participate jointly with local agencies in developing, implementing, and administering viable energy management plans for energy management areas, and would prohibit the commission from limiting the role of the electrical or gas corporation that was cooperatively developed in the energy management plan, (4) require the city, county, or city and county to report the progress of any plan implementation in its biennial report to the Department of Housing and Community Development, as provided., (5) make a project to promote economic development in energy management areas developed pursuant to an energy management plan in accordance with the bill eligible for funding through the California Infrastructure and Economic Development Bank, (6) require the bank to consider acts it may take, at its discretion, that facilitate the financing of that project.

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Financing

SB 1121 (De Leon) The California Green Bank

This bill would state the intent of the Legislature to enact legislation that would establish the California Green Bank to coordinate, align, and enhance the state’s efforts to provide energy finance programs for advanced energy technologies and projects throughout the state.

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Green Building

SB 628 (Beall) Infrastructure Financing: Transit Priority Projects

This bill would: (1) eliminate the requirement of voter approval for the creation of an infrastructure financing district, the issuance of bonds, and the establishment or change of the appropriations limit with respect to a transit priority project, (2) a city or county that uses infrastructure financing district bonds to finance its transit priority project to use at least 25% of the associated property tax increment revenues for the purposes of increasing, improving, and preserving the supply of lower and moderate-income housing available in the district and occupied by persons and families of moderate-, low-, very low, and extremely low income, (3) require the district to implement these affordable housing provisions in accordance with specified provisions of the Community Redevelopment Law, to the extent not inconsistent with the provisions governing infrastructure financing districts, (4) require the adoption of an ordinance that would require the replacement of designated low-income dwelling units, upon their removal from the district, within 2 years of their displacement, (5) set forth the findings and declarations of the Legislature, and the intent of the Legislature that the development of transit priority projects be environmentally conscious and sustainable, and that related construction meet or exceed the requirements of the California Green Building Standards Code.

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Greenhouse Gas/Climate Change

AB 26 (Bonilla) Non-substantive Changes to California Global Warming Solutions Act of 2006

This bill would: 1) specify that money from the Greenhouse Gas Reduction Fund are public funds, as defined, 2) require that, if moneys from the Greenhouse Gas Reduction Fund are made available to the owner or operator of a refinery to perform work to reduce greenhouse gas emissions, then all work at the refinery related to reducing greenhouse gas emissions that is not performed by the owner’s or operator’s own employees and that falls within an apprenticeable occupation, as defined, shall be performed by skilled journeypersons, as defined, and registered apprentices, as defined, 3) require that moneys from the Greenhouse Gas Reduction Fund only be made available for work at a refinery if the work is related to complying with a market-based compliance mechanism to reduce greenhouse gas emissions, as specified, 4) require the Chief of the Division of Apprenticeship Standards to approve, no later than January 1, 2016, a curriculum for an apprenticeship program in advanced safety training in performing work processes specific to technology related to the reduction of greenhouse gas emissions, as defined, 5) and would require the chief, in consultation with the California Emergency Management Agency and the Division of Occupational Safety and Health, to periodically revise the curriculum to reflect current best practices, 6) require an approved apprenticeship program or community college to issue a certificate to a worker who completes the approved curriculum, 7) prohibit employers from being required to pay for the costs of the training or to pay wages to workers for the time spent in the training unless the employer has agreed to do so.

AB 1179 (Bocanegra) Strategic Growth Council

Existing law creates the Strategic Growth Council, consisting of specified state officers and a public member appointed by the Governor, with specified duties relating to coordination of actions of state agencies relative to improvement of air and water quality, natural resource protection, transportation, and various other matters. This bill would add the Superintendent of Public Instruction or his or her designee to the Strategic Growth Council.

SB 64 (Corbett) AB 32: Clean Technology Investment Account for market-based compliance mechanism

This bill would: (1) create the Clean Technology Investment Account within the Greenhouse Gas Reduction Fund, (2) require the Legislature to annually appropriate moneys from the Greenhouse Gas Reduction Fund or other funds to the Clean Technology Investment Account in the Budget Act, (3) make the moneys in the Clean Technology Investment Account available to the state board for the purposes of providing grants to nonprofit public benefit corporations and regional technology alliances to design and implement programs that accelerate the development, demonstration, and deployment by companies and entrepreneurs of transformative technologies that would reduce or have the potential to reduce greenhouse gas emissions and foster job creation in the state, as specified.

SB 257 (Hancock) Coastal Physical Adoptoin to Climate Change

This bill would declare the intent of the Legislature to enact subsequent legislation that would address the issue of coastal physical adaptations to climate change.

SB 1122 (Pavley) Sustainable Communities: Strategic Growth Council

This bill would: (1) require the Strategic Growth Council to provide financial assistance for those purposes, to be funded from moneys from the Greenhouse Gas Reduction Fund, upon appropriation by the Legislature, and would additionally require the regional plan or other planning instrument to meet the requirements of an applicable sustainable communities strategy, (2) require the council to develop and implement regional grant programs to support the implementation of sustainable communities strategies, alternative transportation plans, or other regional greenhouse gas emission reduction plans within a developed area, (3) authorize the council to award financial assistance for the development and implementation of agricultural, natural resource, and open space land protection plans that are consistent with the implementation of sustainable communities strategies, alternative transportation plans, or other regional greenhouse gas emission reduction plans.

SB 1125 (Pavley) Greenhouse Gases: Emissions Reduction

This bill would: (1) require the ARB, on or before January 1, 2016, and in consultation with specified entities, to develop and submit to the Governor and the Legislature a report containing recommendations on a timetable of reduction targets of greenhouse gas emissions and short-lived climate pollutants with high global warming potentials beyond 2020, (2) repeal the above provision on January 1, 2020.

SB 1156 (Steinberg) California Carbon Tax Law 2014

This bill would: (1) effective January 1, 2015, impose a carbon tax of an unspecified amount per ton of carbon-dioxide-equivalent emissions on suppliers of fossil fuels, (2) require the State Board of Equalization to administer and implement the carbon tax, and would require revenues from the tax to be deposited in the Carbon Tax Revenue Special Fund in the State Treasury, (3) exempt suppliers of fossil fuels subject to the tax from regulations imposed by the State Air Resources Board under the California Global Warming Solutions Act of 2006 relative to the compliance obligation in the second compliance period under which suppliers of specified fuels are required to obtain allowances for carbon-dioxide-equivalent emissions under the cap-and-trade program adopted by the State Air Resources Board, (4) state the intent of the Legislature that revenues from the carbon tax be rebated to taxpayers, particularly low- and medium-income taxpayers, of other taxes, and for implementation of the carbon tax to be revenue neutral.

SB 1268 (Beall) Natural Resources Climate Improvement Program

This bill would: (1) establish the Natural Resources Climate Improvement Program, which would be administered by the ARB, in coordination with the Natural Resources Agency, to assist in the development and implementation of highly-leveraged, regionally integrated natural resources projects that maximize greenhouse gas emissions reductions or sequestration, (2) authorize moneys from the Greenhouse Gas Reduction Fund to be available, upon appropriation by the Legislature, to the state board to implement the Natural Resources Climate Improvement Program.

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Independent System Operator

SB 1078 (Jackson) Independent System Operator

This bill would revise the requirement that the Independent System Operator maximizing the availability of existing electric generation resources necessary to meet the needs of the state’s electricity consumers to require that in managing the transmission grid and related energy markets, the Independent System Operator do so consistent with maximizing utilization of existing electrical resources, including all cost-effective demand-side and renewable energy resources, that are connected to the distribution or transmission grid, as are necessary for reliable operation of the grid and sufficient to meet the needs of the state’s electricity consumers.

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Oil/Petroleum

SB 1132 (Mitchell) Oil & Gas: Well Stimulation Treatment

This bill would: (1) require the scientific study to consider additional elements, including, among other things, evaluating various potential direct, indirect, and cumulative health and environmental effects of onshore and offshore well stimulation and well stimulation treatment-related activities, as specified, (2) prohibit all well stimulation treatments until the Secretary of the Natural Resources Agency convenes a committee to review the scientific study, as specified, the Governor issues findings that specific measures are in place to ensure that well stimulation treatments do not pose a risk to, or impairment of, the public health and welfare or to the environmental and economic sustainability of the state, and, if applicable, those findings are affirmed by judicial review, as specified, (3) require the division to adopt a formal process to resolve any claims with respect to vested rights, as specified.

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Rates and Tariffs

AB 922 (Patterson) CARE Program Rates

This bill would prohibit the CPUC from using any means to determine CARE program eligibility that results in eligibility being extended to customers who’s income exceeds 200% of the federal poverty guideline levels and would require that any methods adopted by the commission to improve CARE enrollment and participation not result in eligibility being extended to customers who’s income exceeds 200% of the federal poverty guideline levels.

SB 1090 (Fuller) Rates: Default time-of-use Pricing

This bill would: (1) require the CPUC to make specified findings before it could require or authorize an electrical corporation to employ default time-of-use pricing to residential customers and would require the commission to submit its findings to the Legislature not less than 12 months prior to requiring or authorizing an electrical corporation to employ default time-of-use pricing for residential customers.

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Renewable Energy

AB 762 (Patterson) Renewable Portfolio Program: Hydroelectric Generation

This bill would: (1) revise the definition of an eligible renewable energy resource for the purposes of the California Renewables Portfolio Standard Program to include a hydroelectric generation facility of any size if it meets certain requirements, (2) make conforming changes.

AB 1014 (Williams) Green Tarriff Shared Renewable Energy Program

This bill would: (1) require specified electrical corporations to file with the CPUC, by March 1, 2014, an advice letter requesting the approval of a green tariff shared renewable program, (2) requires the CPUC, by July 1, 2014, after notice and opportunity for public comment, to approve the advice letter if the CPUC finds that the proposed program is reasonable and consistent with specified findings, (3) would require the CPUC to require that a green tariff shared renewable program be administered in accordance with specified provisions, (4) would repeal these provisions on January 1, 2019.

AB 1021 (Eggman) Financial Assistance for Use of Recycled Feedstock

This bill would: (1) expand projects eligible for the sales and use tax exclusion to include projects that process or utilize recycled feedstock, as defined, that is intended to be reused in the production of another product or soil amendment, but would not include a project that processes or utilizes recycled feedstock in a manner that constitutes disposal, as defined.

SB 43 (Wolk) Green Tariff Shared Renewables Program

The Governor signed SB 43 on September 28, 2013 and it was enrolled under Chapter 413, Statutes 2013. This law: (1) enacts the Green Tariff Shared Renewables Program. The program would require a participating utility, defined as being an electrical corporation with 100,000 or more customers in California, to file with the CPUC an application requesting approval of a green tariff shared renewables program to implement a program enabling ratepayers to participate directly in offsite electrical generation facilities that use eligible renewable energy resources, consistent with certain legislative findings and statements of intent, (2) requires the CPUC, by July 1, 2014, to issue a decision concerning the participating utility’s application, determining whether to approve or disapprove the application, with or without modifications, (3) requires the CPUC, after notice and opportunity for public comment, to approve the application if the commission determines that the proposed program is reasonable and consistent with the legislative findings and statements of intent, (4) requires the CPUC to require that a participating utility’s green tariff shared renewables program be administered in accordance with specified provisions , (5) repeals the program on January 1, 2019.

SB 548 (Roth) Renewable Portfolio Standard: Investor Owned Utilities

This bill would provide that, for a publicly owned electric utility in existence on or before January 1, 2010, that provides 200,000 megawatt-hours or fewer of electricity to retail end-use consumers in its service territory during a calendar year, electricity products from eligible renewable energy resources may be used for compliance with the portfolio content requirements.

SB 760 (Wright) Renewable Portfolio Standard

This bill would: (1) require that the process providing criteria for the rank ordering and selecting of least-cost and best-fit eligible renewable energy resources to comply with the program obligations include procurement of specific types of eligible renewable energy resources necessary to maintain the reliability of the electrical grid to meet electrical demand on a 24-hour basis and consider the attributes of utilizing geothermal and other renewable energy resources, as specified that provide environmental and electrical system benefits and contribute to grid reliability, (2) require each electrical corporation, in soliciting and procuring eligible renewable energy resources, to consider the best-fit attributes of resource types that ensure a balanced resource mix to maintain the reliability of the electrical grid.

SB 1020 (Monning) Harardous Waste: Photovoltaic Panels collection and recycling programs

This bill would: (1) enact the California Photovoltaic Panel Collection and Recycling Act of 2014 in the Hazardous Waste Control Law and would require photovoltaic panel manufacturers, individually or collectively, or with photovoltaic panel vendors, to establish a program for the collection and recycling of end-of-life photovoltaic panels that meets specified criteria, (2) require the Department of Toxic Substances Control to approve a program that meets those criteria and would prohibit a photovoltaic panel manufacturer that fails to establish an approved program from selling or offering for sale photovoltaic panels in the state, as specified, (3) require the department to impose a reasonable annual administrative fee, as specified, and would provide for the deposit of the fees in the Photovoltaic Panel Collection Administration Account, which this bill would establish in the State Treasury, (4) authorize the department to expend those fees, upon appropriation by the Legislature, to cover the department’s costs to implement and enforce the bill’s requirements, as specified, (5) require a contractor removing end-of-life photovoltaic panels and a person who demolishes a building having end-of-life photovoltaic panels to take the panels to an appropriate location for collection and recycling, (6) require the bidder on state contracts for the purchase or lease of solar energy systems to certify that the photovoltaic panels used are purchased from a photovoltaic panel manufacturer in compliance with the above requirements.

SB 1115 (Hueso) Renewable Energy Resources

This bill would make technical and nonsubstantive changes to section 399.11 of the Public Utilities Code’s legislative findings and declarations.

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Transportation

SB 913 (DeSaulneir) Vehicle Air Polution: Vehicle Retirement

This bill would: (1) require the guidelines adopted by the ARB to additionally include specific goals for retirement and replacement of passenger vehicles and light- and medium-duty trucks that are high polluters, (2)require the ARB and the Bureau of Automotive Repair to cooperate in the issuance of a specified number of replacement vouchers through the Enhanced Fleet Modernization Program for specified fiscal years and a specified number of retirement vouchers through the Consumer Assistance Program and the Enhanced Fleet Modernization Program for specified fiscal years. The bill would state the intent of the Legislature regarding the funding of these activities.

SB 1048 (Roth) Vehicles: Wieght Limits

This bill would, notwithstanding any other law, exclude from the total gross weight any weight added to a ready mix concrete truck resulting from compliance with a regulation of the ARB, up to an amount not to exceed 1,000 pounds of additional gross vehicle weight.

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Contact:

Energy Policy Initiatives Center
5998 Alcalá Park
San Diego, CA 92110
Phone: (619) 260-4589
Fax: (619) 260-4753