Public Resources Code
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The Legislature states that increased requests to take water from state streams, especially for electric energy, may harm streamflows and dependent fish and wildlife resources. The Director of Fish and Game must identify and list state streams and watercourses that need minimum flow levels, include significant ones with findings, rank them by need, and finish the initial list by January 1, 1984. The Director of Fish and Game must prepare proposed streamflow requirements for each identified stream or watercourse and send them to the State Water Resources Control Board. The Director of Fish and Game may review any streamflow requirement and may propose changes, and any proposed change must be sent to the State Water Resources Control Board. The Department of Fish and Game must start studies to develop proposed streamflow requirements, and finish each study within three years.
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- 21188. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 6.5. Jobs and Economic Improvement Through Environmental Leadership Act of 2021 [21178 - 21189.3] ( Chapter 6.5 added by Stats. 2021, Ch. 19, Sec. 1. )
This section says the chapter is severable: if one part is invalid, the rest can still operate if they can be given effect without the invalid part.
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 6.5. Jobs and Economic Improvement Through Environmental Leadership Act of 2021 [21178 - 21189.3] ( Chapter 6.5 added by Stats. 2021, Ch. 19, Sec. 1. ) ## 21188. The provisions of this chapter are severable. If any provision of this chapter or its application is held to be invalid, that invalidity shall not affect any other provision or application that can be given effect without the invalid provision or application. (Added by Stats. 2021, Ch. 19, Sec. 1. (SB 7) Effective May 20, 2021. Repealed as of January 1, 2034, pursuant to Section 21189.3.) - 21189. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 6.5. Jobs and Economic Improvement Through Environmental Leadership Act of 2021 [21178 - 21189.3] ( Chapter 6.5 added by Stats. 2021, Ch. 19, Sec. 1. )
This section says the chapter does not change any party’s duty to comply with this division, except where the chapter expressly provides otherwise.
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 6.5. Jobs and Economic Improvement Through Environmental Leadership Act of 2021 [21178 - 21189.3] ( Chapter 6.5 added by Stats. 2021, Ch. 19, Sec. 1. ) ## 21189. Except as otherwise provided expressly in this chapter, nothing in this chapter affects the duty of any party to comply with this division. (Added by Stats. 2021, Ch. 19, Sec. 1. (SB 7) Effective May 20, 2021. Repealed as of January 1, 2034, pursuant to Section 21189.3.) - 21189.1. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 6.5. Jobs and Economic Improvement Through Environmental Leadership Act of 2021 [21178 - 21189.3] ( Chapter 6.5 added by Stats. 2021, Ch. 19, Sec. 1. )
If a lead agency does not approve a Governor-certified project before January 1, 2033, the certification expires and is no longer valid.
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 6.5. Jobs and Economic Improvement Through Environmental Leadership Act of 2021 [21178 - 21189.3] ( Chapter 6.5 added by Stats. 2021, Ch. 19, Sec. 1. ) ## 21189.1. If, before January 1, 2033, a lead agency fails to approve a project certified by the Governor under this chapter, then the certification expires and is no longer valid. (Amended by Stats. 2023, Ch. 60, Sec. 4. (SB 149) Effective July 10, 2023. Repealed as of January 1, 2034, pursuant to Section 21189.3.) - 21189.3. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 6.5. Jobs and Economic Improvement Through Environmental Leadership Act of 2021 [21178 - 21189.3] ( Chapter 6.5 added by Stats. 2021, Ch. 19, Sec. 1. )
This chapter stays in effect until January 1, 2034, and is then repealed unless later legislation changes that date.
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 6.5. Jobs and Economic Improvement Through Environmental Leadership Act of 2021 [21178 - 21189.3] ( Chapter 6.5 added by Stats. 2021, Ch. 19, Sec. 1. ) ## 21189.3. This chapter shall remain in effect until January 1, 2034, and as of that date is repealed unless a later enacted statute extends or repeals that date. (Amended by Stats. 2023, Ch. 60, Sec. 5. (SB 149) Effective July 10, 2023. Repealed as of January 1, 2034, by its own provisions. Note: Repeal affects Chapter 6.5, commencing with Section 21178.) - 21189.70. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 6.9. Old Town Center Redevelopment in the City of San Diego [21189.70 - 21189.70.10] ( Chapter 6.9 added by Stats. 2020, Ch. 291, Sec. 2. )
This section defines key terms used in the chapter about Old Town Center redevelopment in San Diego.
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 6.9. Old Town Center Redevelopment in the City of San Diego [21189.70 - 21189.70.10] ( Chapter 6.9 added by Stats. 2020, Ch. 291, Sec. 2. ) ## 21189.70. For purposes of this chapter, the following definitions apply: (a) “Lead agency” or “public agency” means SANDAG. (b) “Navy” means the United States Department of the Navy. (c) “Old Town Center site” means the approximately 70.5-acres comprising the Naval Base Point Loma’s Old Town Center. (d) “Project labor agreement” has the same meaning as in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (e) “SANDAG” means the San Diego Association of Governments. (f) “Site control” means a lease agreement, property transfer, or other property conveyance from the Navy to SANDAG related to transit and transportation facilities. (g) “Site plan” means the site development plan approved, on or before December 31, 2022, by the Navy and SANDAG for the Old Town Center site that complies with the content requirements specified in subdivision (a) of Section 65451 of the Government Code and Section 65452 of the Government Code. (h) “Skilled and trained workforce” has the same meaning as provided in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. (i) “Transit and transportation facilities” means a multimodal regional transportation facility, including a central mobility hub located in the Old Town Center site, and transportation linkages that connect the central mobility hub to the San Diego regional transportation system, as that transportation system existed as of December 31, 2020, and that connect the central mobility hub to the San Diego International Airport. A transit and transportation facility does not include a transit station or hub that is located outside of the Old Town Center site. The central mobility hub may include a multimodal transportation center that may include a high-frequency automated people mover service and one of the following: (1) A nonstop, high-speed service to San Diego International Airport via a one-mile tunnel route. (2) Service to San Diego International Airport via a 3.6 mile surface or elevated automated people mover route along the Pacific Highway, Laurel Street, and Harbor Drive with intermediate stops at the airport rental car center and the planned development at Harbor Island East Basin. (3) An airport-like curb experience for auto-based travelers, an automated people mover station that would provide services to San Diego International Airport via a 2.6 mile surface or elevated route along the Pacific Highway, Laurel Street, and Harbor Drive, with intermediate stops at the airport rental car center and planned development at the Harbor Island East Basin. (j) “Transit-oriented development project” means a project for the redevelopment of the Old Town Center site that substantially conforms to the description of the proposed action for the Navy Old Town Campus Revitalization at Naval Base Point Loma, California, set forth in the notice of intent to prepare an environmental impact statement published in the Federal Register on January 24, 2020, and that includes up to 10,000 residential units and up to 1,600,000 square feet of office and retail space, and one of the following: (1) High-density mixed-use revitalization, including a transit center. (2) Low-density mixed-use revitalization, including a transit center. (Added by Stats. 2020, Ch. 291, Sec. 2. (AB 2731) Effective January 1, 2021.) - 21189.70.1. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 6.9. Old Town Center Redevelopment in the City of San Diego [21189.70 - 21189.70.10] ( Chapter 6.9 added by Stats. 2020, Ch. 291, Sec. 2. )
This section lets certain Old Town Center transit-oriented development projects satisfy environmental review requirements if they meet listed criteria, and it imposes prevailing-wage, skilled-workforce, reporting, and penalty requirements on covered private projects.
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 6.9. Old Town Center Redevelopment in the City of San Diego [21189.70 - 21189.70.10] ( Chapter 6.9 added by Stats. 2020, Ch. 291, Sec. 2. ) ## 21189.70.1. (a) For purposes of this section, the following definitions apply: (1) “Employment center project” means a project with a floor area ratio of no less than 0.75 and that is located within a transit priority area. (2) “Floor area ratio” has the same meaning as in Section 21099. (3) “Transit priority area” has the same meaning as in Section 21099. (b) Except as provided in subdivision (c), the requirements of this division are satisfied by an environmental impact statement prepared pursuant to the notice of intent described in subdivision (i) of Section 21189.70 and that meets the requirements of subdivision (d) for a transit-oriented development project, including a residential, employment center, or mixed-use development project, approved by the lead agency, located in the Old Town Center site, if the transit-oriented development project meets all of the following criteria: (1) The transit-oriented development project is proposed within a transit priority area. (2) (A) The transit-oriented development project is undertaken to implement and is consistent with the land use standards approved by the Navy and SANDAG for the Old Town Center site and the site plan for which the environmental impact report has been certified on or before December 31, 2022. (B) The site plan shall meet a vehicle miles traveled reduction of 25 percent below the regional average vehicle miles traveled identified in the sustainable communities strategy or alternative planning strategy applicable at the time of the approval of the site plan. (3) The transit-oriented development project is consistent with the general use designation, density, building intensity, and applicable policies specified in the Old Town Center site in either a sustainable communities strategy or an alternative planning strategy for which the State Air Resources Board, pursuant to subparagraph (H) of paragraph (2) of subdivision (b) of Section 65080 of the Government Code, has accepted SANDAG’s determination that the sustainable communities strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emissions reduction targets. (4) (A) For a transit-oriented development project undertaken by a public agency, except as provided in subparagraph (B), an entity shall not be prequalified or short-listed or awarded a contract by the public agency to perform any portion of the transit-oriented development project unless the entity provides an enforceable commitment to the public agency that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the transit-oriented development project or contract that falls within an apprenticeable occupation in the building and construction trades. (B) Subparagraph (A) does not apply if any of the following requirements are met: (i) The public agency has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the transit-oriented development project or contract to use a skilled and trained workforce, and the entity agrees to be bound by that project labor agreement. (ii) The transit-oriented development project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the public agency before January 1, 2021. (iii) The entity has entered into a project labor agreement that will bind the entity and all of its subcontractors at every tier performing the transit-oriented development project or contract to use a skilled and trained workforce. (5) For a transit-oriented development project undertaken by a private entity, the transit-oriented development project applicant shall do both of the following: (A) Certify to the lead agency that either of the following is true: (i) The entirety of the transit-oriented development project is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (ii) If the transit-oriented development project is not in its entirety a public work, all construction workers employed in the execution of the transit-oriented development project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. If the transit-oriented development project is subject to this clause, then, for those portions of the transit-oriented development project that are not a public work, all of the following shall apply: (I) The transit-oriented development project applicant shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work. (II) All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. (III) Except as provided in subclause (V), all contractors and subcontractors shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided by that section. (IV) Except as provided in subclause (V), the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the transit-oriented development project, by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee through a civil action under Section 1771.2 of the Labor Code. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code. (V) Subclauses (III) and (IV) do not apply if all contractors and subcontractors performing work on the transit-oriented development project are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the transit-oriented development project and provides for enforcement of that obligation through an arbitration procedure. (VI) Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirement to pay at least the general prevailing rate of per diem wages does not preclude the use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code. (B) Certify to the lead agency that a skilled and trained workforce will be used to perform all construction work on the transit-oriented development project. All of the following requirements shall apply to the transit-oriented development project: (i) The transit-oriented development project applicant shall require in all contracts for the performance of work that every contractor and subcontractor at every tier will individually use a skilled and trained workforce to complete the transit-oriented development project. (ii) Every contractor and subcontractor shall use a skilled and trained workforce to complete the transit-oriented development project. (iii) (I) Except as provided in subclause (II), the transit-oriented development project applicant shall provide to the lead agency, on a monthly basis while the transit-oriented development project or contract is being performed, a report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. A monthly report provided to the lead agency pursuant to this subclause shall be a public record under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and shall be open to public inspection. A transit-oriented development project applicant that fails to provide a monthly report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code shall be subject to a civil penalty of ten thousand dollars ($10,000) per month for each month for which the report has not been provided. Any contractor or subcontractor that fails to use a skilled and trained workforce shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of the skilled and trained workforce requirement. Penalties may be assessed by the Labor Commissioner within 18 months of completion of the transit-oriented development project using the same procedures for issuance of civil wage and penalty assessments pursuant to Section 1741 of the Labor Code, and may be reviewed pursuant to the same procedures in Section 1742 of the Labor Code. Penalties shall be paid to the State Public Works Enforcement Fund. (II) Subclause (I) does not apply if all contractors and subcontractors performing work on the transit-oriented development project are subject to a project labor agreement that requires compliance with the skilled and trained workforce requirement and provides for enforcement of that obligation through an arbitration procedure. (c) Further environmental review, including the preparation of a supplemental environmental impact report, if appropriate, shall be conducted only if any of the events specified in Section 21166 have occurred. (d) (1) Pursuant to Section 21083.5, the environmental impact statement prepared by the Navy for the redevelopment of the Old Town Center site pursuant to the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) may be used in lieu of all or any part of an environmental impact report prepared pursuant to this division for the redevelopment of the Old Town Center site if that statement complies with the applicable requirements of this division and the guidelines adopted pursuant to this division and its use for purposes of compliance with this division shall not in and of itself constitute a prejudicial abuse of discretion so long as the lead agency consults with the Navy, notifies the Navy regarding any scoping meetings for the proposed transit-oriented development project, and a discussion of mitigation measures or growth-inducing impacts are included in the environmental impact statement. (2) Paragraph (1) is not intended to exempt approvals of public agencies from the requirements of Section 21081, 21081.6, 21100, or 21151, or to limit judicial review of those approvals under Section 21168. (3) Any significant impacts identified in the Navy’s environmental impact statement for the redevelopment of the Old Town Center site that are offsite of the Old Town Center site and that are incorporated by the lead agency into the environmental impact report shall be subject to the applicable mitigation requirements and enforcement provisions of this division. (e) The approval of a transit-oriented development project shall be preceded by a determination under subdivisions (b) and (c). (Amended by Stats. 2021, Ch. 615, Sec. 382. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) - 21189.70.10. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 6.9. Old Town Center Redevelopment in the City of San Diego [21189.70 - 21189.70.10] ( Chapter 6.9 added by Stats. 2020, Ch. 291, Sec. 2. )
This chapter’s provisions are severable, except as provided in Section 21189.70.9.
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 6.9. Old Town Center Redevelopment in the City of San Diego [21189.70 - 21189.70.10] ( Chapter 6.9 added by Stats. 2020, Ch. 291, Sec. 2. ) ## 21189.70.10. Except as provided in Section 21189.70.9, the provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2020, Ch. 291, Sec. 2. (AB 2731) Effective January 1, 2021.) - 21189.70.2. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 6.9. Old Town Center Redevelopment in the City of San Diego [21189.70 - 21189.70.10] ( Chapter 6.9 added by Stats. 2020, Ch. 291, Sec. 2. )
A transit and transportation facilities project must meet several environmental and transportation requirements, including LEED gold certification for facilities, no net additional greenhouse gas emissions, a transportation demand management program, and a 25% vehicle-miles-traveled reduction.
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 6.9. Old Town Center Redevelopment in the City of San Diego [21189.70 - 21189.70.10] ( Chapter 6.9 added by Stats. 2020, Ch. 291, Sec. 2. ) ## 21189.70.2. A transit and transportation facilities project subject to this chapter shall meet all of the following requirements: (a) Any facility that is a part of the transit and transportation facilities project shall obtain Leadership in Energy and Environmental Design (LEED) gold certification for new construction within one year of the transit and transportation facilities project completion. (b) (1) The project does not result in any net additional emission of greenhouse gases, as determined by the State Air Resources Board pursuant to Division 25.5 (commencing with Section 38500) of the Health and Safety Code. The State Air Resources Board is encouraged to make its determination no later than 120 calendar days after receiving an application for review of the methodology and calculations of the project’s greenhouse gas emissions. (2) The environmental baseline for greenhouse gas emissions shall be established based upon the physical conditions at the project site at the time the notice of preparation for the project-level environmental impact report is published in a manner consistent with Section 15125 of Title 14 of the California Code of Regulations as those regulations existed on January 1, 2020. (3) To maximize public health and environmental benefits, the lead agency shall require measures that will reduce the emissions of greenhouse gases in the project area and in the neighboring communities. (4) Not less than 50 percent of the greenhouse gas emissions reductions necessary to achieve the requirement of this subdivision shall be from local, direct greenhouse gas emissions reduction measures, including, but not limited to, any of the following: (A) Project design features or onsite reduction measures, or both design features and onsite reduction measures, that include, but are not limited to, any of the following: (i) Implementing project design features that enable the project to exceed the building energy efficiency standards set forth in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations, except for 50 percent of emissions reductions attributable to design features necessary to meet the LEED gold certification requirement. (ii) Requiring a transportation demand management program to reduce single-occupancy vehicular travel and vehicle miles traveled. (iii) Providing onsite renewable energy generation, including a solar roof on the project with a minimum peak generation capacity of 500 kilowatts. (iv) Providing solar-ready roofs. (v) Providing cool roofs and cool parking promoting cool surface treatment for new parking facilities. (B) Offsite reduction measures in the neighboring communities, including, but not limited to, any of the following: (i) Providing funding to an offsite mitigation project consisting of replacing buses, trolleys, or other transit vehicles with zero-emission vehicles. (ii) Providing offsite safety or other improvements for bicycles, pedestrians, and transit connections. (iii) Undertaking or funding building retrofits to improve the energy efficiency of existing buildings. (5) (A) The transit and transportation facilities project proponent may obtain offset credits for up to 50 percent of the greenhouse gas emissions reductions necessary to achieve the requirement of this subdivision that produce emissions reductions within the City of San Diego or the boundaries of the San Diego County Air Pollution Control District. Any offset credits shall be verified by a third party accredited by the State Air Resources Board, and shall be undertaken in a manner consistent with Division 25.5 (commencing Section 38500) of the Health and Safety Code, including, but not limited to, the requirement that the offset be real, permanent, quantifiable, verifiable, and enforceable, and shall be undertaken from sources in the same community within which the project is located or adjacent communities. (B) If 50 percent of greenhouse gas emissions reductions necessary to achieve no additional emissions of greenhouse gases cannot be feasibly and fully mitigated by offset credits as described in subparagraph (A), the mitigation of the remaining emissions of greenhouse gases shall be achieved pursuant to the following priority: (i) Offset credits that would also reduce the emissions of criteria air pollutants or toxic air contaminants. The offsets shall be undertaken in a manner consistent with Division 25.5 (commencing with Section 38500) of the Health and Safety Code, including, but not limited to, the requirement that the offsets be real, permanent, quantifiable, verifiable, and enforceable, and shall be undertaken from sources in the community within which the project is located or in adjacent communities. (ii) If the remaining emissions of greenhouse gases cannot be feasibly and fully mitigated by the offset credits described in clause (i), the remaining unmitigated greenhouse gas emissions shall be mitigated through the use of offsets that would also reduce the emissions of criteria air pollutants or toxic air contaminants and shall be undertaken in a manner consistent with clause (i) and shall be undertaken from sources that provide a specific, quantifiable, and direct environmental and public health benefit to the community in which the project is located. (6) It is the intent of the Legislature, in enacting this subdivision, to maximize the environmental and public health benefits from measures to mitigate the emissions of greenhouse gases of a transit and transportation facilities project to those people that are impacted most by the project. (c) (1) The transit and transportation facilities project has a transportation demand management program and achieves at least 25 percent reduction in vehicle miles traveled as compared to the regional average vehicle miles traveled identified in the sustainable communities strategy or alternative planning strategy applicable at the time of the approval of the transit and transportation facilities project. (2) For purposes of this subdivision, “transportation demand management program” means a specific program of strategies, incentives, and tools to be implemented, including, with specified annual status reporting obligations, to reduce vehicle trips by providing opportunities for the public to choose sustainable travel options, such as transit, bicycle riding, or walking. A specific program of strategies, incentives, and tools includes, but is not limited to, any of the following: (A) Provision of onsite electric vehicle charging stations in excess of applicable requirements. (B) Provision of dedicated parking for car share or zero-emission vehicles, or both types of vehicles, in excess of applicable requirements. (C) Provision of bicycle parking in excess of applicable requirements. (d) The transit and transportation facilities project proponent certifies that the transit and transportation facilities project will comply with Section 21189.70.8. (Added by Stats. 2020, Ch. 291, Sec. 2. (AB 2731) Effective January 1, 2021. Conditionally inoperative January 1, 2025. Repealed on January 1 following inoperative date, pursuant to Section 21189.70.5.) - 21189.70.3. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 6.9. Old Town Center Redevelopment in the City of San Diego [21189.70 - 21189.70.10] ( Chapter 6.9 added by Stats. 2020, Ch. 291, Sec. 2. )
This section makes certain court rules apply to legal actions challenging the project’s environmental impact report or approvals, and requires the Judicial Council to amend the court rules by January 1, 2022.
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 6.9. Old Town Center Redevelopment in the City of San Diego [21189.70 - 21189.70.10] ( Chapter 6.9 added by Stats. 2020, Ch. 291, Sec. 2. ) ## 21189.70.3. Notwithstanding any other law, Rules 3.2220 to 3.2237, inclusive, of the California Rules of Court, as may be amended by the Judicial Council, shall apply to an action or proceeding brought to attack, review, set aside, void, or annul the certification of an environmental impact report for the transit and transportation facilities project approved pursuant to Section 21189.70.2 or the granting of any approvals for this project, including any potential appeals to the court of appeal or the Supreme Court, to be resolved, to the extent feasible, within 270 business days of the filing of the certified record of proceedings with the court. On or before January 1, 2022, the Judicial Council shall amend the California Rules of Court, as necessary, to implement this section. (Added by Stats. 2020, Ch. 291, Sec. 2. (AB 2731) Effective January 1, 2021. Conditionally inoperative January 1, 2025. Repealed on January 1 following inoperative date, pursuant to Section 21189.70.5.) - 21189.70.4. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 6.9. Old Town Center Redevelopment in the City of San Diego [21189.70 - 21189.70.10] ( Chapter 6.9 added by Stats. 2020, Ch. 291, Sec. 2. )
The lead agency must prepare and certify the record of proceedings for the transit and transportation facilities project and make project records and comments publicly available online, with some timing rules and a copyright-protected document exception.
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 6.9. Old Town Center Redevelopment in the City of San Diego [21189.70 - 21189.70.10] ( Chapter 6.9 added by Stats. 2020, Ch. 291, Sec. 2. ) ## 21189.70.4. Notwithstanding any other law, the preparation and certification of the record of proceedings for the transit and transportation facilities project shall be performed in the following manner: (a) The lead agency for the transit and transportation facilities project shall prepare the record of proceedings pursuant to this division concurrently with the administrative process. (b) All documents and other materials placed in the record of proceedings shall be posted on, and be downloadable from, an internet website maintained by the lead agency commencing with the date of the release of the draft environmental impact report. (c) The lead agency shall make available to the public in a readily accessible electronic format the draft environmental impact report and all other documents submitted to, or relied on by, the lead agency in the preparation of the draft environmental impact report. (d) A document prepared by the lead agency or submitted by the transit and transportation facilities project proponent after the date of the release of the draft environmental impact report that is a part of the record of the proceedings shall be made available to the public in a readily accessible electronic format within five business days after the document is released or received by the lead agency. (e) The lead agency shall encourage written comments on the transit and transportation facilities project to be submitted in a readily accessible electronic format, and shall make any comment available to the public in a readily accessible electronic format within five days of its receipt. (f) Within 14 business days after the receipt of any comment that is not in an electronic format, the lead agency shall convert that comment into a readily accessible electronic format and make it available to the public in that format. (g) Notwithstanding subdivisions (b) to (f), inclusive, documents submitted to or relied on by the lead agency that were not prepared specifically for the transit and transportation facilities project and are copyright protected are not required to be made readily accessible in an electronic format. For those copyright-protected documents, the lead agency shall make an index of these documents available in an electronic format no later than the date of the release of the draft environmental impact report, or within five business days if the document is received or relied on by the lead agency after the release of the draft environmental impact report. The index shall specify the libraries or lead agency offices in which hardcopies of the copyrighted materials are available for public review. (h) The lead agency shall certify the final record of proceedings within five days after the filing of the notice required by subdivision (a) of Section 21152. (i) Any dispute arising from the record of proceedings shall be resolved by the superior court. Unless the superior court directs otherwise, a party disputing the content of the record of proceedings shall file a motion to augment the record of proceedings at the time it files its initial brief. (j) The contents of the record of proceedings shall be as set forth in subdivision (e) of Section 21167.6. (Added by Stats. 2020, Ch. 291, Sec. 2. (AB 2731) Effective January 1, 2021. Conditionally inoperative January 1, 2025. Repealed on January 1 following inoperative date, pursuant to Section 21189.70.5.) - 21189.70.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 6.9. Old Town Center Redevelopment in the City of San Diego [21189.70 - 21189.70.10] ( Chapter 6.9 added by Stats. 2020, Ch. 291, Sec. 2. )
If the lead agency does not certify the environmental impact report by January 1, 2025, related sections become inoperative and will be repealed the following year. The lead agency must also notify the Secretary of State by February 1, 2025, and SANDAG may obtain site control before environmental review is complete.
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 6.9. Old Town Center Redevelopment in the City of San Diego [21189.70 - 21189.70.10] ( Chapter 6.9 added by Stats. 2020, Ch. 291, Sec. 2. ) ## 21189.70.5. (a) If the lead agency fails to certify an environmental impact report for the transit and transportation facilities project before January 1, 2025, Sections 21189.70.2 to 21189.70.7, inclusive, shall become inoperative and are repealed on January 1 of the following year. (b) On or before February 1, 2025, the lead agency shall, if it fails to certify the environmental impact report for the transit and transportation facilities project before January 1, 2025, notify the Secretary of State of its failure. (c) SANDAG may obtain site control to support the redevelopment of the Old Town Center site, including the transit and transportation facilities project, before completing environmental review pursuant to this division. (Added by Stats. 2020, Ch. 291, Sec. 2. (AB 2731) Effective January 1, 2021. Conditionally repealed by its own provisions.) - 21189.70.6. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 6.9. Old Town Center Redevelopment in the City of San Diego [21189.70 - 21189.70.10] ( Chapter 6.9 added by Stats. 2020, Ch. 291, Sec. 2. )
This section requires the lead agency to include a notice and appendix in the EIR, hold public outreach steps on a set schedule, and follow mediation and record-of-proceedings procedures.
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 6.9. Old Town Center Redevelopment in the City of San Diego [21189.70 - 21189.70.10] ( Chapter 6.9 added by Stats. 2020, Ch. 291, Sec. 2. ) ## 21189.70.6. (a) The draft and final environmental impact report for the transit and transportation facilities project shall include a notice in not less than 12-point type stating the following: THIS ENVIRONMENTAL IMPACT REPORT (EIR) IS SUBJECT TO CHAPTER 6.9 (COMMENCING WITH SECTION 21189.70) OF DIVISION 13 OF THE PUBLIC RESOURCES CODE, WHICH PROVIDES, AMONG OTHER THINGS, THAT THE LEAD AGENCY NEED NOT CONSIDER CERTAIN COMMENTS FILED AFTER THE CLOSE OF THE PUBLIC COMMENT PERIOD FOR THE DRAFT EIR. ANY JUDICIAL ACTION CHALLENGING THE CERTIFICATION OF THE EIR OR THE APPROVAL OF THE PROJECT DESCRIBED IN THE EIR IS SUBJECT TO THE PROCEDURES SET FORTH IN CHAPTER 6.9 (COMMENCING WITH SECTION 21189.70) OF DIVISION 13 OF THE PUBLIC RESOURCES CODE. A COPY OF CHAPTER 6.9 (COMMENCING WITH SECTION 21189.70) OF DIVISION 13 OF THE PUBLIC RESOURCES CODE IS INCLUDED IN THE APPENDIX TO THIS EIR. (b) The draft environmental impact report and final environmental impact report shall contain, as an appendix, the full text of this section. (c) Within 10 days after the release of the draft environmental impact report, the lead agency shall conduct an informational workshop to inform the public of the key analyses and conclusions of that report. (d) Within 10 days before the close of the public comment period, the lead agency shall hold a public hearing to receive testimony on the draft environmental impact report. A transcript of the hearing shall be included as an appendix to the final environmental impact report. (e) (1) Within five days following the close of the public comment period, a commenter on the draft environmental impact report may submit to the lead agency a written request for nonbinding mediation. The lead agency and transit and transportation facilities project proponent shall participate in nonbinding mediation with all commenters who submitted timely comments on the draft environmental impact report and who requested the mediation. Mediation conducted pursuant to this paragraph shall end no later than 35 days after the close of the public comment period. (2) A request for mediation shall identify all areas of dispute raised in the comment submitted by the commenter that are to be mediated. (3) The lead agency shall select one or more mediators who shall be retired judges or recognized experts with at least five years of experience in land use and environmental law or science, or mediation. The transit and transportation facilities project proponent shall bear the costs of mediation. (4) A mediation session shall be conducted on each area of dispute with the parties requesting mediation on that area of dispute. (5) The lead agency shall adopt, as a condition of approval, any measures agreed upon by the lead agency, the transit and transportation facilities project proponent, and any commenter who requested mediation. A commenter who agrees to a measure pursuant to this paragraph shall not raise the issue addressed by that measure as a basis for an action or proceeding challenging the lead agency’s decision to certify the environmental impact report or to grant one or more initial transit and transportation facilities project approvals. (f) The lead agency need not consider written comments submitted after the close of the public comment period, unless those comments address any of the following: (1) New issues raised in the response to comments by the lead agency. (2) New information released by the public agency subsequent to the release of the draft environmental impact report, such as new information set forth or embodied in a staff report, proposed permit, proposed resolution, ordinance, or similar documents. (3) Changes made to the transit and transportation facilities project after the close of the public comment period. (4) Proposed conditions for approval, mitigation measures, or proposed findings required by Section 21081 or a proposed reporting or monitoring program required by paragraph (1) of subdivision (a) of Section 21081.6, where the lead agency releases those documents subsequent to the release of the draft environmental impact report. (5) New information that was not reasonably known and could not have been reasonably known during the public comment period. (g) (1) The lead agency shall file the notice required by subdivision (a) of Section 21152 within five days after the last initial transit and transportation facilities project approval. (2) (A) The lead agency shall prepare and certify the record of proceedings in accordance with this subdivision and in accordance with Rule 3.1365 of the California Rules of Court. The transit and transportation facilities project proponent shall pay the lead agency for all costs of preparing and certifying the record of proceedings. (B) No later than three business days following the date of the release of the draft environmental impact report, the lead agency shall make available to the public in a readily accessible electronic format the draft environmental impact report and all other documents submitted to or relied on by the lead agency in the preparation of the draft environmental impact report. A document prepared by the lead agency or submitted by the transit and transportation facilities project proponent after the date of the release of the draft environmental impact report that is a part of the record of proceedings shall be made available to the public in a readily accessible electronic format within five business days after the document is prepared or received by the lead agency. (C) Notwithstanding subparagraph (B), documents submitted to or relied on by the lead agency that were not prepared specifically for the transit and transportation facilities project and are copyright-protected are not required to be made readily accessible in an electronic format. For those copyright protected documents, the lead agency shall make an index of these documents available in an electronic format no later than the date of the release of the draft environmental impact report, or within five business days if the document is received or relied on by the lead agency after the release of the draft environmental impact report. The index must specify the libraries or lead agency offices in which hardcopies of the copyrighted materials are available for public review. (D) The lead agency shall encourage written comments on the transit and transportation facilities project to be submitted in a readily accessible electronic format, and shall make any such comment available to the public in a readily accessible electronic format within five days of its receipt. (E) Within seven business days after the receipt of any comment that is not in an electronic format, the lead agency shall convert that comment into a readily accessible electronic format and make it available to the public in that format. (F) The lead agency shall indicate in the record of proceedings comments received that were not considered by the lead agency pursuant to subdivision (f) and need not include the content of the comments as a part of the record of proceedings. (G) Within five days after the filing of the notice required by subdivision (a) of Section 21152, the lead agency shall certify the record of proceedings for the approval or determination and shall provide an electronic copy of the record of proceedings to a party that has submitted a written request for a copy. The lead agency may charge and collect a reasonable fee from a party requesting a copy of the record of proceedings for the electronic copy, which shall not exceed the reasonable cost of reproducing that copy. (3) Within 10 days after being served with a complaint or a petition for a writ of mandate, the lead agency shall lodge a copy of the certified record of proceedings with the superior court. (4) Any dispute over the content of the record of proceedings shall be resolved by the superior court. Unless the superior court directs otherwise, a party disputing the content of the record of proceedings shall file a motion to augment the record of proceedings at the time it files its initial brief. (5) The contents of the record of proceedings shall be as set forth in subdivision (e) of Section 21167.6. (h) Except as provided in subdivision (c) of Section 21189.70.5, the approval of a transit and transportation facilities project shall be preceded by the certification of a project-level environmental impact report. (Added by Stats. 2020, Ch. 291, Sec. 2. (AB 2731) Effective January 1, 2021. Conditionally inoperative January 1, 2025. Repealed on January 1 following inoperative date, pursuant to Section 21189.70.5.) - 21189.70.7. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 6.9. Old Town Center Redevelopment in the City of San Diego [21189.70 - 21189.70.10] ( Chapter 6.9 added by Stats. 2020, Ch. 291, Sec. 2. )
Challenges to lead agency approvals for transit and transportation facilities projects are subject to Chapter 6 requirements, unless this chapter provides otherwise.
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 6.9. Old Town Center Redevelopment in the City of San Diego [21189.70 - 21189.70.10] ( Chapter 6.9 added by Stats. 2020, Ch. 291, Sec. 2. ) ## 21189.70.7. Except as provided in this chapter, an action or proceeding to attack, set aside, void, or annul a determination, finding, or decision of the lead agency granting the approval for a transit and transportation facilities project shall be subject to the requirements of Chapter 6 (commencing with Section 21165). (Added by Stats. 2020, Ch. 291, Sec. 2. (AB 2731) Effective January 1, 2021. Conditionally inoperative January 1, 2025. Repealed on January 1 following inoperative date, pursuant to Section 21189.70.5.) - 21189.70.8. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 6.9. Old Town Center Redevelopment in the City of San Diego [21189.70 - 21189.70.10] ( Chapter 6.9 added by Stats. 2020, Ch. 291, Sec. 2. )
For certain transit and transportation facilities projects, contractors must either commit to using a skilled and trained workforce or meet specified certification, wage, reporting, and payroll-record rules, with civil penalties for noncompliance.
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 6.9. Old Town Center Redevelopment in the City of San Diego [21189.70 - 21189.70.10] ( Chapter 6.9 added by Stats. 2020, Ch. 291, Sec. 2. ) ## 21189.70.8. (a) (1) For a transit and transportation facilities project undertaken by a public agency, except as provided in paragraph (2), an entity shall not be prequalified or shortlisted or awarded a contract by the public agency to perform any portion of the transit and transportation facilities project unless the entity provides an enforceable commitment to the public agency that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the transit and transportation facilities project or contract that falls within an apprenticeable occupation in the building and construction trades. (2) Paragraph (1) does not apply if any of the following requirements are met: (A) The public agency has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the transit and transportation facilities project or contract to use a skilled and trained workforce, and the entity agrees to be bound by that project labor agreement. (B) The transit and transportation facilities project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the public agency before January 1, 2021. (C) The entity has entered into a project labor agreement that will bind the entity and all of its subcontractors at every tier performing the transit and transportation facilities project or contract to use a skilled and trained workforce. (b) For a transit and transportation facilities project undertaken by a private entity, the transit and transportation facilities project proponent shall do both of the following: (1) Certify to the lead agency that either of the following is true: (A) The entirety of the transit and transportation facilities project is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (B) If the transit and transportation facilities project is not in its entirety a public work, all construction workers employed in the execution of the transit and transportation facilities project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. If the transit and transportation facilities project is subject to this subparagraph, then, for those portions of the transit and transportation facilities project that are not a public work, all of the following shall apply: (i) The transit and transportation facilities project proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work. (ii) All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. (iii) (I) Except as provided in subclause (III), all contractors and subcontractors shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided by that section. (II) Except as provided in subclause (III), the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the transit and transportation facilities project, by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee through a civil action under Section 1771.2 of the Labor Code. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code. (III) Subclauses (I) and (II) do not apply if all contractors and subcontractors performing work on the transit and transportation facilities project are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the transit and transportation facilities project and provides for enforcement of that obligation through an arbitration procedure. (iv) Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirement to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code. (2) Certify to the lead agency that a skilled and trained workforce will be used to perform all construction work on the transit and transportation facilities project. All of the following requirements shall apply to the transit and transportation facilities project: (A) The transit and transportation facilities project proponent shall require in all contracts for the performance of work that every contractor and subcontractor at every tier will individually use a skilled and trained workforce to complete the transit and transportation facilities project. (B) Every contractor and subcontractor shall use a skilled and trained workforce to complete the transit and transportation facilities project. (C) (i) Except as provided in clause (ii), the transit and transportation facilities project proponent shall provide to the lead agency, on a monthly basis while the transit and transportation facilities project or contract is being performed, a report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. A monthly report provided to the lead agency pursuant to this clause shall be a public record under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and shall be open to public inspection. A transit and transportation facilities project proponent that fails to provide a monthly report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code shall be subject to a civil penalty of ten thousand dollars ($10,000) per month for each month for which the report has not been provided. Any contractor or subcontractor that fails to use a skilled and trained workforce shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of the skilled and trained workforce requirement. Penalties may be assessed by the Labor Commissioner within 18 months of completion of the transit and transportation facilities project using the same procedures for issuance of civil wage and penalty assessments pursuant to Section 1741 of the Labor Code, and may be reviewed pursuant to the same procedures in Section 1742 of the Labor Code. Penalties shall be paid to the State Public Works Enforcement Fund. (ii) Clause (i) does not apply if all contractors and subcontractors performing work on the transit and transportation facilities project are subject to a project labor agreement that requires compliance with the skilled and trained workforce requirement and provides for enforcement of that obligation through an arbitration procedure. (Amended by Stats. 2022, Ch. 28, Sec. 138. (SB 1380) Effective January 1, 2023.) - 21189.70.9. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 6.9. Old Town Center Redevelopment in the City of San Diego [21189.70 - 21189.70.10] ( Chapter 6.9 added by Stats. 2020, Ch. 291, Sec. 2. )
This section says the prevailing wage and skilled workforce requirement in Section 21189.70.1 is a material part of that section, and if it cannot lawfully apply to a transit-oriented development project, the rest of Section 21189.70.1 is void for that project unless a qualifying project labor agreement is in place.
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 6.9. Old Town Center Redevelopment in the City of San Diego [21189.70 - 21189.70.10] ( Chapter 6.9 added by Stats. 2020, Ch. 291, Sec. 2. ) ## 21189.70.9. Notwithstanding Section 21189.70.10, the requirements of paragraph (4) of subdivision (b) of Section 21189.70.1 regarding the payment of prevailing wages and use of a skilled and trained workforce are material and integral parts of Section 21189.70.1. If the requirements of paragraph (4) of subdivision (b) of Section 21189.70.1 cannot lawfully be applied to a transit-oriented development project, then the other provisions of 21189.70.1 shall be null and void with respect to that transit-oriented development project unless all contractors and subcontractors performing work on the project are subject to a project labor agreement that provides hiring preferences for veterans and for apprentices who were emancipated minors or in foster care. (Added by Stats. 2020, Ch. 291, Sec. 2. (AB 2731) Effective January 1, 2021.) - 21189.80. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 7. Infrastructure Projects [21189.80 - 21189.91] ( Chapter 7 added by Stats. 2023, Ch. 60, Sec. 6. )
This section says development projects must have their environmental impacts identified and mitigated, and the public must be given an opportunity to review, comment, and help shape mitigation measures.
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 7. Infrastructure Projects [21189.80 - 21189.91] ( Chapter 7 added by Stats. 2023, Ch. 60, Sec. 6. ) ## 21189.80. The Legislature finds and declares all of the following: (a) This division requires that the environmental impacts of development projects be identified and mitigated. (b) This division also guarantees the public an opportunity to review and comment on the environmental impacts of a project and to participate meaningfully in the development of mitigation measures for potentially significant environmental impacts. (c) Historic federal and state investments in infrastructure will lead to the development of numerous transportation-related, water-related, technology, and energy facilities across the state that would further California’s commitments to reducing emissions of greenhouse gases and protecting its people from the worst extremes of climate change while also leveraging federal resources to increase access to quality jobs in our communities. (d) These projects will further generate full-time jobs during construction and additional jobs once the projects are constructed and operating. (e) The transportation-related projects would help state, regional, and local agencies more quickly meet the goals of advancing safety, rehabilitating the aging transportation infrastructure, and addressing the impacts of climate change. (f) The transportation-related projects will accelerate critical state, regional, and local “fix it first” projects supported by a historic federal and state partnership through Chapter 5 of the Statutes of 2017, and the federal Infrastructure Investment and Jobs Act (Public Law 117-58). (g) The purpose of this chapter is to provide unique streamlining benefits under this division for critical state, regional, and local investments in climate resiliency, safety, and infrastructure maintenance while maintaining the environmental and public engagement benefits of this division for projects that provide the public benefits, including environmental and climate-related benefits, described above and to both achieve those benefits and put people to work as soon as possible. (Added by Stats. 2023, Ch. 60, Sec. 6. (SB 149) Effective July 10, 2023. Repealed as of January 1, 2034, pursuant to Section 21189.91.) - 21189.81. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 7. Infrastructure Projects [21189.80 - 21189.91] ( Chapter 7 added by Stats. 2023, Ch. 60, Sec. 6. )
This section defines key terms used in the chapter, including applicant, disadvantaged community, and several kinds of infrastructure projects.
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 7. Infrastructure Projects [21189.80 - 21189.91] ( Chapter 7 added by Stats. 2023, Ch. 60, Sec. 6. ) ## 21189.81. For purposes of this chapter, the following definitions apply: (a) “Applicant” means a public or private entity or its affiliates, or a person or entity that undertakes a public works project, that proposes a project and its successors, heirs, and assignees. (b) “Disadvantaged community” means an area identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code or an area identified as a disadvantaged unincorporated community pursuant to Section 65302.10 of the Government Code. (c) “Electrical transmission facility project” means a project for the construction and operation of an electrical transmission facility that meets either of the following: (1) An electrical transmission facility project identified by the Independent System Operator in its annual transmission planning process that meets either of the following criteria: (A) The project will facilitate delivery of electricity from renewable energy resources or zero-carbon resources. (B) The project will facilitate delivery of electricity from energy storage projects. (2) An electrical transmission facility project identified by a local publicly owned electric utility that would satisfy a transmission expansion need approved by the governing body of the local publicly owned electric utility and that meets either of the following criteria: (A) The project will facilitate delivery of electricity from renewable energy resources or zero-carbon resources. (B) The project will facilitate delivery of electricity from energy storage projects. (d) (1) “Energy infrastructure project” means any of the following: (A) An eligible renewable energy resource, as defined in Section 399.12 of the Public Utilities Code, excluding resources that combust biomass fuels. (B) New energy storage systems of 20 megawatts or more, that are capable of discharging for at least two hours, provided that a pumped hydro facility may qualify only if it is less than or equal to 500 megawatts and has been directly appropriated funding by the state before January 1, 2023. (C) A project for which the applicant has certified that a capital investment of at least two hundred fifty million dollars ($250,000,000) made over a period of five years and the project is for either of the following: (i) The manufacture, production, or assembly of an energy storage system or component manufacturing, wind system or component manufacturing, and solar photovoltaic energy system or component manufacturing. (ii) The manufacture, production, or assembly of specialized products, components, or systems that are integral to renewable energy or energy storage technologies. (D) An electrical transmission facility project, provided that nothing in this chapter affects the jurisdiction of the California Coastal Commission pursuant to Division 20 (commencing with Section 30000) to regulate such projects if located in the coastal zone. (E) A hydrogen production facility and associated onsite storage and processing facilities that do not derive hydrogen from a fossil fuel feedstock and that receive funding from any of the following: (i) The Hydrogen Program established pursuant to Section 25664.1. (ii) Section 91530, as added by the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024 (Section 2 of Chapter 83 of the Statutes of 2024 (Senate Bill No. 867)), if that act is approved by the voters at the November 5, 2024, statewide general election. (iii) The Alliance for Renewable Clean Hydrogen Energy Systems (ARCHES) authorized by Article 15 (commencing with Section 12100.160) of Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code, as awarded by the United States Department of Energy Office of Clean Energy Demonstrations. (2) Any project to develop a facility within the meaning of subdivision (b) of Section 25545 shall meet the requirements of Sections 25545.3.3 and 25545.3.5, except that those requirements shall also apply to solar photovoltaic and terrestrial wind electrical generating power plants with a generating capacity of between 20 and 50 megawatts and energy storage projects capable of storing between 80 and 200 megawatt hours of electrical energy. (e) “Infrastructure project” means a project that is certified pursuant to Sections 21189.82 and 21189.83 as any of the following: (1) An energy infrastructure project. (2) A semiconductor or microelectronic project. (3) A transportation-related project. (4) A water-related project. (f) “Semiconductor or microelectronic project” means a project that meets the requirements related to investment in new or expanded facilities and is awarded funds under the federal Creating Helpful Incentives to Produce Semiconductors Act of 2022 (Public Law 117-167), commonly known as the CHIPS Act of 2022, and the requirements of Section 21183.5. (g) (1) “Transportation-related project” means a transportation infrastructure project that advances one or more of, and does not conflict with, the following goals related to the Climate Action Plan for Transportation Infrastructure adopted by the Transportation Agency: (A) Build toward an integrated, statewide rail and transit network. (B) Invest in networks of safe and accessible bicycle and pedestrian infrastructure. (C) Include investments in light-, medium-, and heavy-duty zero-emission vehicle infrastructure. (D) Develop a zero-emission freight transportation system. (E) Reduce public health and economic harms and maximize community benefits. (F) Make safety improvements to reduce fatalities and severe injuries of all users towards zero. (G) Assess and integrate assessments of physical climate risk. (H) Promote projects that do not significantly increase passenger vehicle travel. (I) Promote compact infill development while protecting residents and businesses from displacement. (J) Protect natural and working lands. (2) Transportation-related projects are public works for the purposes of Section 1720 of the Labor Code and shall comply with the applicable provisions of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (h) (1) “Water-related project” means any of the following: (A) A project that is approved to implement a groundwater sustainability plan that the Department of Water Resources has determined is in compliance with Sections 10727.2 and 10727.4 of the Water Code or to implement an interim groundwater sustainability plan adopted pursuant to Section 10735.6 of the Water Code. (B) (i) A water storage project funded by the California Water Commission pursuant to Chapter 8 (commencing with Section 79750) of Division 26.7 of the Water Code. (ii) In addition to clause (i), the applicant shall demonstrate that the project will minimize the intake or diversion of water except during times of surplus water and prioritizes the discharge of water for ecological benefits or to mitigate an emergency, including, but not limited to, dam repair, levee repair, wetland restoration, marshland restoration, or habitat preservation, or other public benefits described in Section 79753 of the Water Code. (C) Projects for the development of recycled water, as defined in Section 13050 of the Water Code. (D) Contaminant and salt removal projects, including groundwater desalination and associated treatment, storage, conveyance, and distribution facilities. This shall not include seawater desalination. (E) Projects exclusively for canal or other conveyance maintenance and repair. (2) Water-related projects are public works for purposes of Section 1720 of the Labor Code and shall comply with the applicable provisions of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (3) “Water-related project” does not include the design or construction of through-Delta conveyance facilities of the Sacramento-San Joaquin Delta. (Amended by Stats. 2024, Ch. 608, Sec. 1. (SB 1420) Effective January 1, 2025. Repealed as of January 1, 2034, pursuant to Section 21189.91.) - 21189.81.1. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 7. Infrastructure Projects [21189.80 - 21189.91] ( Chapter 7 added by Stats. 2023, Ch. 60, Sec. 6. )
This section says two specific projects count as defined project types for other parts of the law.
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 7. Infrastructure Projects [21189.80 - 21189.91] ( Chapter 7 added by Stats. 2023, Ch. 60, Sec. 6. ) ## 21189.81.1. (a) For purposes of subdivision (d) of Section 21189.81, an “energy infrastructure project” includes the San Vicente Energy Storage Facility project proposed by the San Diego County Water Authority for pumped energy storage located in the eastern portion of the County of San Diego. (b) For purposes of subdivision (h) of Section 21189.81, a “water-related project” includes a project for the repair, rehabilitation, or replacement of the South Bay Sewage Treatment Plant in the County of San Diego, operated by the International Boundary and Water Commission. (Added by Stats. 2024, Ch. 794, Sec. 1. (SB 1342) Effective January 1, 2025. Repealed as of January 1, 2034, pursuant to Section 21189.91.) - 21189.82. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 7. Infrastructure Projects [21189.80 - 21189.91] ( Chapter 7 added by Stats. 2023, Ch. 60, Sec. 6. )
The Governor may certify certain infrastructure projects, but applicants and the Office of Planning and Research must meet specific conditions and public disclosure rules.
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 7. Infrastructure Projects [21189.80 - 21189.91] ( Chapter 7 added by Stats. 2023, Ch. 60, Sec. 6. ) ## 21189.82. (a) (1) (A) The Governor may certify a project as an energy infrastructure project for purposes of this chapter if the project meets the requirements of subdivision (d) of Section 21189.81. (B) In addition to subparagraph (A), if the applicant is not the lead agency, the Governor shall ensure all of the following: (i) The applicant agrees to pay the costs of the trial court and the court of appeal in hearing and deciding any case challenging a lead agency’s action on a certified project under this division, including payment of the costs for the appointment of a special master if deemed appropriate by the court, in a form and manner as provided in the rule of court adopted by the Judicial Council under Section 21189.85. (ii) The applicant agrees to pay the costs of preparing the record of proceedings for the project concurrent with the review and consideration of the project under this division, in a form and manner specified by the lead agency for the project. (iii) For a project for which environmental review has commenced, the applicant demonstrates that the record of proceedings is being prepared in accordance with Section 21189.86. (2) (A) The Governor may certify a project as a semiconductor or microelectronic project for purposes of this chapter if the project meets the requirements of subdivision (f) of Section 21189.81. (B) In addition to subparagraph (A), if the applicant is not the lead agency, the Governor shall ensure all of the following: (i) The applicant agrees to pay the costs of the trial court and the court of appeal in hearing and deciding any case challenging a lead agency’s action on a certified project under this division, including payment of the costs for the appointment of a special master if deemed appropriate by the court, in a form and manner as provided in the rule of court adopted by the Judicial Council under Section 21189.85. (ii) The applicant agrees to pay the costs of preparing the record of proceedings for the project concurrent with the review and consideration of the project under this division, in a form and manner specified by the lead agency for the project. (iii) For a project for which environmental review has commenced, the applicant demonstrates that the record of proceedings is being prepared in accordance with Section 21189.86. (3) The Governor may certify up to 20 transportation-related projects for purposes of this chapter, including up to 10 state projects proposed by the Department of Transportation and up to 10 local or regional projects, that meet the requirements of subdivision (g) of Section 21189.81. (4) (A) The Governor may certify a project as a water-related project for purposes of this chapter if the project meets the requirements of subdivision (h) of Section 21189.81. (B) In addition to subparagraph (A), the Governor shall ensure all of the following: (i) The applicant agrees to pay the costs of the trial court and the court of appeal in hearing and deciding any case challenging a lead agency’s action on a certified project under this division, including payment of the costs for the appointment of a special master if deemed appropriate by the court, in a form and manner as provided in the rule of court adopted by the Judicial Council under Section 21189.85. (ii) The applicant agrees to pay the costs of preparing the record of proceedings for the project concurrent with the review and consideration of the project under this division, in a form and manner specified by the lead agency for the project. (iii) For a project for which environmental review has commenced, the applicant demonstrates that the record of proceedings is being prepared in accordance with Section 21189.86. (C) In addition to subparagraphs (A) and (B), the Governor may certify a project as a water-related project for purposes of this chapter only if the Governor finds that greenhouse gas emissions resulting from the project will be mitigated to the extent feasible. (b) The Office of Planning and Research may consult with other state agencies on and may issue guidelines regarding applications for and the certification of projects under this chapter. Any guidelines issued under this subdivision are not subject to the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (c) An applicant for certification of an infrastructure project under this chapter shall do all of the following: (1) Avoid or minimize significant environmental impacts in any disadvantaged community. (2) If measures are required pursuant to this division to mitigate significant environmental impacts in a disadvantaged community, mitigate those impacts consistent with this division, including Section 21002. Mitigation measures required under this subdivision shall be undertaken in, and directly benefit, the affected community. (3) Enter into a binding and enforceable agreement to comply with this subdivision in its application to the Governor and to the lead agency prior to the agency’s certification of the environmental impact report for the project. (d) The Office of Planning and Research shall make evidence and materials submitted for the certification of a project available to the public on its internet website at least 15 days before the certification of the project. (e) The Governor’s decision to certify a project shall not be subject to judicial review. (Added by Stats. 2023, Ch. 60, Sec. 6. (SB 149) Effective July 10, 2023. Repealed as of January 1, 2034, pursuant to Section 21189.91.) - 21189.83. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 7. Infrastructure Projects [21189.80 - 21189.91] ( Chapter 7 added by Stats. 2023, Ch. 60, Sec. 6. )
The Governor may certify certain private infrastructure projects only if they do not create net additional greenhouse gas emissions, and the applicant can show a binding mitigation commitment. The applicant must also pay for the greenhouse-gas emissions analysis.
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 7. Infrastructure Projects [21189.80 - 21189.91] ( Chapter 7 added by Stats. 2023, Ch. 60, Sec. 6. ) ## 21189.83. (a) In addition to the requirements of Section 21189.82, with respect to any energy infrastructure project or semiconductor or microelectronic project proposed by a private entity, the Governor may certify the project pursuant to this chapter only if the project does not result in any net additional emission of greenhouse gases, including greenhouse gas emissions from employee transportation. For purposes of this section, a project is deemed to meet the requirements of this section if the applicant demonstrates to the satisfaction of the Governor that the applicant has a binding commitment that it will mitigate impacts resulting from the emission of greenhouse gases, if any, in accordance with Section 21183.6. (b) In addition to the requirements of Section 21189.82, with respect to any transportation-related project, the Governor may certify the project pursuant to this chapter only if the project does not result in any net additional emission of greenhouse gases, excluding greenhouse gas emissions from employee transportation. For purposes of this section, a project is deemed to meet the requirements of this section if the applicant demonstrates to the satisfaction of the Governor that the applicant has a binding commitment that it will mitigate impacts resulting from the emission of greenhouse gases, if any, preferably through direct emissions reductions where feasible, but where not feasible, then through the use of offsets that are real, permanent, verifiable, and enforceable, and that provide a specific, quantifiable, and direct environmental and public health benefit to the same air pollution control district or air quality management district in which the project is located, but if all of the project impacts cannot be feasibly and fully mitigated in the same air pollution control district or air quality management district, then remaining unmitigated impacts shall be mitigated through the use of offsets that provide a specific, quantifiable, and direct environmental and public health benefit to the region in which the project is located. (c) The applicant shall be responsible for the costs of preparing an analysis of the emission of greenhouse gases resulting from the project. (Added by Stats. 2023, Ch. 60, Sec. 6. (SB 149) Effective July 10, 2023. Repealed as of January 1, 2034, pursuant to Section 21189.91.) - 21189.84. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 7. Infrastructure Projects [21189.80 - 21189.91] ( Chapter 7 added by Stats. 2023, Ch. 60, Sec. 6. )
This section lets an applicant seek Governor certification for an infrastructure project, requires the applicant to provide requested materials, requires the Governor to send the proposed certification to the Joint Legislative Budget Committee, and requires that committee to act within 30 days or the project is deemed certified. The Office of Planning and Research may also charge a fee.
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 7. Infrastructure Projects [21189.80 - 21189.91] ( Chapter 7 added by Stats. 2023, Ch. 60, Sec. 6. ) ## 21189.84. (a) This chapter applies to a project that is certified by the Governor as an infrastructure project. (b) An applicant may apply to the Governor for certification and shall provide evidence and materials deemed necessary by the Governor in making a decision on the application for certification. (c) The Governor shall submit the Governor’s proposed certification, and any supporting information, to the Joint Legislative Budget Committee for review and concurrence or nonconcurrence. Within 30 days of receiving the determination, the Joint Legislative Budget Committee shall concur or nonconcur in writing on the certification. If the Joint Legislative Budget Committee fails to concur or nonconcur on a certification within 30 days of the submittal, the project is deemed to be certified. (d) The Office of Planning and Research may charge a fee to an applicant seeking certification under this chapter for the costs incurred by the Governor’s office in implementing this chapter. (Added by Stats. 2023, Ch. 60, Sec. 6. (SB 149) Effective July 10, 2023. Repealed as of January 1, 2034, pursuant to Section 21189.91.) - 21189.85. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 7. Infrastructure Projects [21189.80 - 21189.91] ( Chapter 7 added by Stats. 2023, Ch. 60, Sec. 6. )
The Judicial Council must adopt a rule of court to implement this section by December 31, 2023, and covered court challenges should be resolved within 270 days of filing the certified record, to the extent feasible.
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 7. Infrastructure Projects [21189.80 - 21189.91] ( Chapter 7 added by Stats. 2023, Ch. 60, Sec. 6. ) ## 21189.85. (a) An action or proceeding brought to attack, review, set aside, void, or annul the certification of an environmental impact report for an infrastructure project subject to this chapter or the granting of any project approvals, including any potential appeals to the court of appeal or the Supreme Court, shall be resolved, to the extent feasible, within 270 days of the filing of the certified record of proceedings with the court. (b) On or before December 31, 2023, the Judicial Council shall adopt a rule of court to implement this section. (Added by Stats. 2023, Ch. 60, Sec. 6. (SB 149) Effective July 10, 2023. Repealed as of January 1, 2034, pursuant to Section 21189.91.) - 21189.86. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 7. Infrastructure Projects [21189.80 - 21189.91] ( Chapter 7 added by Stats. 2023, Ch. 60, Sec. 6. )
For an infrastructure project, the lead agency must prepare and certify the record of proceedings, publish project materials online, and make comments available in electronic form on short timelines. The applicant must pay the record-preparation costs, and those costs cannot be recovered from the plaintiff or petitioner.
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 7. Infrastructure Projects [21189.80 - 21189.91] ( Chapter 7 added by Stats. 2023, Ch. 60, Sec. 6. ) ## 21189.86. Notwithstanding any other law, the preparation and certification of the record of proceedings for an infrastructure project shall be performed in the following manner: (a) The lead agency for the project shall prepare the record of proceedings under this division concurrently with the administrative process. (b) All documents and other materials placed in the record of proceedings shall be posted on, and be downloadable from, an internet website maintained by the lead agency commencing with the date of the release of the draft environmental impact report. (c) The lead agency shall make available to the public in a readily accessible electronic format the draft environmental impact report and all other documents submitted to, or relied on by, the lead agency in preparing the draft environmental impact report. (d) Any document prepared by the lead agency or submitted by the applicant after the date of the release of the draft environmental impact report that is a part of the record of proceedings shall be made available to the public in a readily accessible electronic format within five days after the document is released or received by the lead agency. (e) The lead agency shall encourage written comments on the project to be submitted in a readily accessible electronic format, and shall make any comment available to the public in a readily accessible electronic format within five days of its receipt. (f) Within seven days after the receipt of any comment that is not in an electronic format, the lead agency shall convert that comment into a readily accessible electronic format and make it available to the public in that format. (g) Notwithstanding subdivisions (b) to (f), inclusive, documents submitted to or relied on by the lead agency that were not prepared specifically for the project and are copyright protected are not required to be made readily accessible in an electronic format. For those copyright-protected documents, the lead agency shall make an index of these documents available in an electronic format no later than the date of the release of the draft environmental impact report, or within five days if the document is received or relied on by the lead agency after the release of the draft environmental impact report. The index shall specify the libraries or lead agency offices in which hardcopies of the copyrighted materials are available for public review. (h) The lead agency shall certify the final record of proceedings within five days of its approval of the project. (i) Any dispute arising from the record of proceedings shall be resolved by the superior court. Unless the superior court directs otherwise, a party disputing the content of the record of proceedings shall file a motion to augment the record of proceedings at the time it files its initial brief. (j) The contents of the record of proceedings shall be as set forth in subdivision (e) of Section 21167.6. (k) The applicant shall pay the costs of preparing the record of proceedings for the project concurrent with review and consideration of the project under this division, in a form and manner specified by the lead agency for the project. The cost of preparing the record of proceedings for the project shall not be recoverable from the plaintiff or petitioner before, during, or after any litigation. (Added by Stats. 2023, Ch. 60, Sec. 6. (SB 149) Effective July 10, 2023. Repealed as of January 1, 2034, pursuant to Section 21189.91.) - 21189.87. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 7. Infrastructure Projects [21189.80 - 21189.91] ( Chapter 7 added by Stats. 2023, Ch. 60, Sec. 6. )
The lead agency must issue a public notice within 10 days after project certification and distribute it as required by Section 21092(b)(3).
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 7. Infrastructure Projects [21189.80 - 21189.91] ( Chapter 7 added by Stats. 2023, Ch. 60, Sec. 6. ) ## 21189.87. (a) Within 10 days of the certification of a project pursuant to Section 21189.82, the lead agency shall, at the applicant’s expense, if applicable, issue a public notice in no less than 12-point type stating the following: “THE APPLICANT HAS ELECTED TO PROCEED UNDER CHAPTER 7 (COMMENCING WITH SECTION 21189.80) OF DIVISION 13 OF THE PUBLIC RESOURCES CODE, WHICH PROVIDES, AMONG OTHER THINGS, THAT ANY JUDICIAL ACTION CHALLENGING THE CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT (EIR) OR THE APPROVAL OF THE PROJECT DESCRIBED IN THE EIR IS SUBJECT TO THE PROCEDURES SET FORTH IN SECTIONS 21189.85 AND 21189.86 OF THE PUBLIC RESOURCES CODE. A COPY OF CHAPTER 7 (COMMENCING WITH SECTION 21189.80) OF DIVISION 13 OF THE PUBLIC RESOURCES CODE IS INCLUDED BELOW.” (b) The public notice shall be distributed by the lead agency as required for public notices issued under paragraph (3) of subdivision (b) of Section 21092. (Added by Stats. 2023, Ch. 60, Sec. 6. (SB 149) Effective July 10, 2023. Repealed as of January 1, 2034, pursuant to Section 21189.91.) - 21189.88. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 7. Infrastructure Projects [21189.80 - 21189.91] ( Chapter 7 added by Stats. 2023, Ch. 60, Sec. 6. )
This section says the chapter does not change any party’s duty to comply with the division, unless the chapter expressly provides otherwise.
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 7. Infrastructure Projects [21189.80 - 21189.91] ( Chapter 7 added by Stats. 2023, Ch. 60, Sec. 6. ) ## 21189.88. Except as otherwise provided expressly in this chapter, this chapter does not affect the duty of any party to comply with this division. (Added by Stats. 2023, Ch. 60, Sec. 6. (SB 149) Effective July 10, 2023. Repealed as of January 1, 2034, pursuant to Section 21189.91.) - 21189.89. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 7. Infrastructure Projects [21189.80 - 21189.91] ( Chapter 7 added by Stats. 2023, Ch. 60, Sec. 6. )
This section says the chapter’s provisions are severable: if one part is invalid, the rest can still apply if they can work without it.
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 7. Infrastructure Projects [21189.80 - 21189.91] ( Chapter 7 added by Stats. 2023, Ch. 60, Sec. 6. ) ## 21189.89. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2023, Ch. 60, Sec. 6. (SB 149) Effective July 10, 2023. Repealed as of January 1, 2034, pursuant to Section 21189.91.) - 21189.90. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 7. Infrastructure Projects [21189.80 - 21189.91] ( Chapter 7 added by Stats. 2023, Ch. 60, Sec. 6. )
If a lead agency does not approve an infrastructure project before January 1, 2033, the certification becomes invalid.
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 7. Infrastructure Projects [21189.80 - 21189.91] ( Chapter 7 added by Stats. 2023, Ch. 60, Sec. 6. ) ## 21189.90. If before January 1, 2033, a lead agency fails to approve an infrastructure project, then the certification is no longer valid. (Added by Stats. 2023, Ch. 60, Sec. 6. (SB 149) Effective July 10, 2023. Repealed as of January 1, 2034, pursuant to Section 21189.91.) - 21189.91. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 7. Infrastructure Projects [21189.80 - 21189.91] ( Chapter 7 added by Stats. 2023, Ch. 60, Sec. 6. )
This chapter stays in force only until January 1, 2034, when it is repealed.
## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 7. Infrastructure Projects [21189.80 - 21189.91] ( Chapter 7 added by Stats. 2023, Ch. 60, Sec. 6. ) ## 21189.91. This chapter shall remain in effect only until January 1, 2034, and as of that date is repealed. (Added by Stats. 2023, Ch. 60, Sec. 6. (SB 149) Effective July 10, 2023. Repealed as of January 1, 2034, by its own provisions. Note: Repeal affects Chapter 7, commencing with Section 21189.80.) - 21190. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13.5. CALIFORNIA ENVIRONMENTAL PROTECTION PROGRAM [21190 - 21194] ( Division 13.5 added by Stats. 1979, Ch. 1105. )
Funds spent under this division must support identifiable public-benefit environmental projects and programs, and environmental education money is subject to a 90% distribution rule with a 10% cap on department/admin use.
## Public Resources Code - PRC ## DIVISION 13.5. CALIFORNIA ENVIRONMENTAL PROTECTION PROGRAM [21190 - 21194] ( Division 13.5 added by Stats. 1979, Ch. 1105. ) ## 21190. There is in this state the California Environmental Protection Program, which shall be concerned with the preservation and protection of California’s environment. In this connection, the Legislature hereby finds and declares that, since the inception of the program pursuant to the Marks-Badham Environmental Protection and Research Act, the Department of Motor Vehicles has, in the course of issuing environmental license plates, consistently informed potential purchasers of those plates, by means of a detailed brochure, of the manner in which the program functions, the particular purposes for which revenues from the issuance of those plates can lawfully be expended, and examples of particular projects and programs that have been financed by those revenues. Therefore, because of this representation by the Department of Motor Vehicles, purchasers expect and rely that the moneys paid by them will be expended only for those particular purposes, which results in an obligation on the part of the state to expend the revenues only for those particular purposes. Accordingly, all funds expended pursuant to this division shall be used only to support identifiable projects and programs of state agencies, cities, cities and counties, counties, districts, the University of California, private nonprofit environmental and land acquisition organizations, and private research organizations that have a clearly defined benefit to the people of the State of California and that have one or more of the following purposes: (a) The control and abatement of air pollution, including all phases of research into the sources, dynamics, and effects of environmental pollutants. (b) The acquisition, preservation, restoration, or any combination thereof, of natural areas or ecological reserves. (c) Environmental education, including formal school programs and informal public education programs. The State Department of Education may administer moneys appropriated for these programs, but shall distribute not less than 90 percent of moneys appropriated for the purposes of this subdivision to fund environmental education programs of school districts, other local schools, state agencies other than the State Department of Education, and community organizations. Not more than 10 percent of the moneys appropriated for environmental education may be used for State Department of Education programs or defraying administrative costs. (d) Protection of nongame species and threatened and endangered plants and animals. (e) Protection, enhancement, and restoration of fish and wildlife habitat and related water quality, including review of the potential impact of development activities and land use changes on that habitat. (f) The purchase, on an opportunity basis, of real property consisting of sensitive natural areas for the state park system and for local and regional parks, and deferred maintenance projects at state parks. (g) Reduction or minimization of the effects of soil erosion and the discharge of sediment into the waters of the Lake Tahoe region, including the restoration of disturbed wetlands and stream environment zones, through projects by the California Tahoe Conservancy and grants to local public agencies, state agencies, federal agencies, and nonprofit organizations. (h) Scientific research on the risks to California’s natural resources and communities caused by the impacts of climate change. (Amended by Stats. 2015, Ch. 24, Sec. 33. (SB 83) Effective June 24, 2015.) - 21190.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13.5. CALIFORNIA ENVIRONMENTAL PROTECTION PROGRAM [21190 - 21194] ( Division 13.5 added by Stats. 1979, Ch. 1105. )
Money in the California Environmental License Plate Fund may be spent for California Ocean Protection Act purposes if the Legislature appropriates it.
## Public Resources Code - PRC ## DIVISION 13.5. CALIFORNIA ENVIRONMENTAL PROTECTION PROGRAM [21190 - 21194] ( Division 13.5 added by Stats. 1979, Ch. 1105. ) ## 21190.5. (a) In addition to, and in furtherance of, the purposes specified in subdivisions (a), (b), (d), and (e) of Section 21190, money in the California Environmental License Plate Fund may be expended, upon appropriation by the Legislature, pursuant to the California Ocean Protection Act (Division 26.5 (commencing with Section 35500)). (b) This section shall become operative only if the California Ocean Protection Act is enacted during the 2003–04 Regular Session. (Added by Stats. 2004, Ch. 540, Sec. 1. Effective January 1, 2005. Note: Condition in subd. (b) was satisfied by Stats. 2004, Ch. 719.) - 21191. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13.5. CALIFORNIA ENVIRONMENTAL PROTECTION PROGRAM [21190 - 21194] ( Division 13.5 added by Stats. 1979, Ch. 1105. )
This section sets license plate fees, directs fund transfers and certifications, limits how fund money may be spent, and controls what gets included in the Governor’s budget for the program.
## Public Resources Code - PRC ## DIVISION 13.5. CALIFORNIA ENVIRONMENTAL PROTECTION PROGRAM [21190 - 21194] ( Division 13.5 added by Stats. 1979, Ch. 1105. ) ## 21191. (a) The California Environmental License Plate Fund is hereby created in the State Treasury, and consists of the moneys deposited in the fund pursuant to any law. The annual fee for environmental license plates is fifty-three dollars ($53) for the issuance or forty-three dollars ($43) for the renewal of the plates. (b) The Controller shall transfer from the California Environmental License Plate Fund to the Motor Vehicle Account in the State Transportation Fund the amount appropriated by the Legislature for the reimbursement of costs incurred by the Department of Motor Vehicles in performing its duties pursuant to Sections 5004, 5004.5, and 5022 and Article 8.5 (commencing with Section 5100) of Chapter 1 of Division 3 of the Vehicle Code. The reimbursement from the California Environmental License Plate Fund shall only include those additional costs that are directly attributable to any additional duties or special handling necessary for the issuance, renewal, or retention of the environmental license plates. (c) The Controller shall transfer to the post fund of the Veterans’ Home of California, established pursuant to Section 1047 of the Military and Veterans Code, all revenue derived from the issuance of prisoner of war special license plates pursuant to Section 5101.5 of the Vehicle Code less the administrative costs of the Department of Motor Vehicles incurred in issuing and renewing those plates. (d) The Director of Motor Vehicles shall certify the amounts of the administrative costs of the Department of Motor Vehicles in subdivision (c) to the Controller. (e) The balance of the moneys in the California Environmental License Plate Fund shall be available for expenditure only for the exclusive trust purposes specified in Section 21190, upon appropriation by the Legislature. However, all moneys derived from the issuance of commemorative 1984 Olympic reflectorized license plates in the California Environmental License Plate Fund shall be used only for capital outlay purposes. (f) All proposed appropriations for the California Environmental Protection Program shall be summarized in a section in the Governor’s Budget for each fiscal year and shall bear the caption “California Environmental Protection Program.” The section shall contain a separate description of each project for which an appropriation is made. Each of these appropriations shall be made to the department performing the project and accounted for separately. (g) The budget the Governor presents to the Legislature pursuant to subdivision (a) of Section 12 of Article IV of the California Constitution shall include, as proposed appropriations for the California Environmental Protection Program, only projects and programs recommended for funding by the Secretary of the Natural Resources Agency pursuant to subdivision (a) of Section 21193. The Secretary of the Natural Resources Agency shall consult with the Secretary for Environmental Protection before making any recommendations to fund projects pursuant to subdivision (a) of Section 21190. (h) This section shall become operative on July 1, 2017. (Repealed (in Sec. 36) and added by Stats. 2016, Ch. 340, Sec. 36.5. (SB 839) Effective September 13, 2016. Section operative July 1, 2017, by its own provisions.) - 21192. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13.5. CALIFORNIA ENVIRONMENTAL PROTECTION PROGRAM [21190 - 21194] ( Division 13.5 added by Stats. 1979, Ch. 1105. )
Funds provided under Section 21191(c) may be used to help the state qualify for other funds available from any source for carrying out this division.
## Public Resources Code - PRC ## DIVISION 13.5. CALIFORNIA ENVIRONMENTAL PROTECTION PROGRAM [21190 - 21194] ( Division 13.5 added by Stats. 1979, Ch. 1105. ) ## 21192. The funds provided for in subdivision (c) of Section 21191 may be used in a manner which will allow the state to qualify for any funds which may be available from any source for the purpose of carrying out the provisions of this division. (Added by Stats. 1979, Ch. 1105.) - 21193. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13.5. CALIFORNIA ENVIRONMENTAL PROTECTION PROGRAM [21190 - 21194] ( Division 13.5 added by Stats. 1979, Ch. 1105. )
The Secretary of the Resources Agency must administer the program, send recommended funding projects and programs to the Governor by November 1 each year, and include supporting purpose and benefit statements.
## Public Resources Code - PRC ## DIVISION 13.5. CALIFORNIA ENVIRONMENTAL PROTECTION PROGRAM [21190 - 21194] ( Division 13.5 added by Stats. 1979, Ch. 1105. ) ## 21193. (a) The program established by this division shall be administered by the Secretary of the Resources Agency. (b) On or before November 1 of each year, the secretary shall forward those projects and programs recommended for funding to the Governor for inclusion in the Governor’s Budget, together with a statement of the purpose of each project and program, the benefits to be realized, and the secretary’s comments thereon. (c) The section of the Governor’s Budget for the California Environmental Protection Program shall include a display of expenditures that includes a statement of the purpose and benefits to be realized for each project or program proposed for funding. (Amended by Stats. 2004, Ch. 540, Sec. 2. Effective January 1, 2005.) - 21193.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13.5. CALIFORNIA ENVIRONMENTAL PROTECTION PROGRAM [21190 - 21194] ( Division 13.5 added by Stats. 1979, Ch. 1105. )
The Secretary of the Resources Agency must report to the Governor and the Legislature on funding-source mix appropriateness for projects or programs.
## Public Resources Code - PRC ## DIVISION 13.5. CALIFORNIA ENVIRONMENTAL PROTECTION PROGRAM [21190 - 21194] ( Division 13.5 added by Stats. 1979, Ch. 1105. ) ## 21193.5. Concurrently with the submittal of the Governor’s Budget for the 2006–07 fiscal year and every third fiscal year thereafter, the Secretary of the Resources Agency shall report to the Governor and the Legislature on how the particular mix of funding sources, from the California Environmental License Plate Fund and other funds, is appropriate for each project or program in relationship to the benefits realized from the project or program. (Added by Stats. 2004, Ch. 540, Sec. 3. Effective January 1, 2005.) - 21194. Verify source ↗
## Public Resources Code - PRC ## DIVISION 13.5. CALIFORNIA ENVIRONMENTAL PROTECTION PROGRAM [21190 - 21194] ( Division 13.5 added by Stats. 1979, Ch. 1105. )
Money appropriated from the California Environmental License Plate Fund may be used to reimburse the City of Oceanside for advances made for construction of a visitor center at Buena Vista Lagoon.
## Public Resources Code - PRC ## DIVISION 13.5. CALIFORNIA ENVIRONMENTAL PROTECTION PROGRAM [21190 - 21194] ( Division 13.5 added by Stats. 1979, Ch. 1105. ) ## 21194. Notwithstanding any other provision of law, any funds appropriated from the California Environmental License Plate Fund for the construction of a visitor center at Buena Vista Lagoon may be used to reimburse the City of Oceanside for any funds that the city has advanced for that project construction. (Added by Stats. 1988, Ch. 381, Sec. 1.) - 2200. Verify source ↗
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 2. The California Geological Survey [2200 - 2213] ( Heading of Chapter 2 amended by Stats. 2017, Ch. 521, Sec. 15. )
This chapter defines “mine” broadly to include mineral-bearing properties, including underground locations, quarries, pits, and other sources of mineral substances.
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 2. The California Geological Survey [2200 - 2213] ( Heading of Chapter 2 amended by Stats. 2017, Ch. 521, Sec. 15. ) ## 2200. For the purposes of this chapter, “mine” includes all mineral bearing properties of whatever kind or character, whether underground, or in a quarry or pit, or any other source from which any mineral substance is or may be obtained. (Amended by Stats. 1975, Ch. 1131.) - 2200.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 2. The California Geological Survey [2200 - 2213] ( Heading of Chapter 2 amended by Stats. 2017, Ch. 521, Sec. 15. )
This section defines “lead agency” for this chapter.
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 2. The California Geological Survey [2200 - 2213] ( Heading of Chapter 2 amended by Stats. 2017, Ch. 521, Sec. 15. ) ## 2200.5. For the purposes of this chapter, “lead agency” means the city, county, San Francisco Bay Conservation and Development Commission, or the board that has the principal responsibility for approving a surface mining operation or reclamation plan pursuant to Chapter 9 (commencing with Section 2710). (Added by Stats. 2003, Ch. 240, Sec. 4. Effective August 13, 2003.) - 22000. Verify source ↗
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 1. Findings and Declarations of Policy [22000 - 22002] ( Chapter 1 added by Stats. 1970, Ch. 1556. )
The Legislature finds that the Ventura-Los Angeles Mountain and Coastal Zone is a unique natural resource that should be conserved because unplanned development could cause irreversible damage.
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 1. Findings and Declarations of Policy [22000 - 22002] ( Chapter 1 added by Stats. 1970, Ch. 1556. ) ## 22000. The Legislature hereby finds and declares that the Ventura-Los Angeles Mountain and Coastal Zone, defined in Section 22012, as the last large undeveloped area contiguous to the shoreline within the greater Los Angeles Metropolitan Region, comprised of Los Angeles and Ventura Counties, represents a unique and irreplaceable natural resource to the people of the state, that uses of the zone include recreation, conservation, open space, and utilization and enjoyment of the sea and the mountains, that the zone functions as an integral component of the physical and biological systems of the entire region, and to a significant, although not as yet precisely determined degree, impacts upon these essential life-support systems, that there are pressures of population growth and economic development in the zone, and that if conservation and development practices are permitted to continue in their present unplanned, uncoordinated, and haphazard manner, irreversible deterioration of the zone as a precious natural resource for the people of the entire state may ensue. (Added by Stats. 1970, Ch. 1556.) - 22001. Verify source ↗
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 1. Findings and Declarations of Policy [22000 - 22002] ( Chapter 1 added by Stats. 1970, Ch. 1556. )
The Legislature finds that current conservation and development practices may conflict with the public interest because of weak understanding, fragmented planning, lack of a comprehensive plan, and no mechanism for studying projects’ effects on the whole zone and region.
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 1. Findings and Declarations of Policy [22000 - 22002] ( Chapter 1 added by Stats. 1970, Ch. 1556. ) ## 22001. The Legislature further finds and declares that current conservation and development practices may conflict with the public interest of present and future generations due to: (a) An insufficient understanding of the long-range implications of land use practices as they affect the zone and the region. (b) The uncoordinated and fragmented nature of public and private planning of development and conservation activities within the zone. (c) The lack of a comprehensive plan and program to provide for conservation and development of the zone in the best public interest. (d) The fact that no governmental mechanism exists for studying and evaluating individual projects as to their effect on the entire zone and region. (Added by Stats. 1970, Ch. 1556.) - 22002. Verify source ↗
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 1. Findings and Declarations of Policy [22000 - 22002] ( Chapter 1 added by Stats. 1970, Ch. 1556. )
The Legislature says a Ventura-Los Angeles Mountain and Coastal Study Commission is needed to study the zone and region and propose policies and further legislative action.
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 1. Findings and Declarations of Policy [22000 - 22002] ( Chapter 1 added by Stats. 1970, Ch. 1556. ) ## 22002. The Legislature further finds and declares that in order to protect and advance the interests of the present and future generations in the zone and region, there is need to create a Ventura-Los Angeles Mountain and Coastal Study Commission to study the entire zone as well as the relationship of the zone to the region, to ascertain what is needed for balanced conservation and development, to determine a set of policies and priorities based on such studies, and to propose further legislative action to provide for implementation of these policies. (Added by Stats. 1970, Ch. 1556.) - 2201. Verify source ↗
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 2. The California Geological Survey [2200 - 2213] ( Heading of Chapter 2 amended by Stats. 2017, Ch. 521, Sec. 15. )
The department is the main state agency for reviewing and investigating geologic hazards, and the survey must carry out hazard-related programs and activities.
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 2. The California Geological Survey [2200 - 2213] ( Heading of Chapter 2 amended by Stats. 2017, Ch. 521, Sec. 15. ) ## 2201. The department is the primary state agency responsible for review and investigation of geologic hazards, as defined in Section 2009, including, but not limited to, the strong motion aspects of earthquake and any geologic hazards that may occur in relation to natural disasters and climate change. In this capacity, the survey shall carry out activities and programs to reduce the loss of life and property and protect the environment by mitigating geologic hazards. Specific activities to be carried out by the survey include, but are not limited to, all of the following: (a) Hazard assessment, including identification and mapping of geologic hazards and estimates of their potential consequences to life, property, and the environment, and the likelihood of occurrence. (b) Information and advisory services, including the maintenance of a geologic library, a public education program, maintenance of a statewide surface and subsurface geologic database, review functions, and expert consulting. (c) Emergency response to geologic hazards, including, but not limited to, those related to natural disasters, including the monitoring and assessment of anomalous geologic activity, and the operation of a clearinghouse for postevent earth science investigations. (d) Development and application of mitigation methods, including identifying state research needs, facilitating needed research, and expediting the application of new research results to public policy and all survey activities related to geologic hazards and the effects of climate change on geologic hazards. (Amended by Stats. 2025, Ch. 236, Sec. 3. (SB 831) Effective January 1, 2026.) - 22010. Verify source ↗
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 2. Definitions [22010 - 22014] ( Chapter 2 added by Stats. 1970, Ch. 1556. )
This chapter’s definitions control how this division is interpreted, unless the context requires otherwise.
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 2. Definitions [22010 - 22014] ( Chapter 2 added by Stats. 1970, Ch. 1556. ) ## 22010. Unless context otherwise requires, the definitions set forth in this chapter govern the construction of this division. (Added by Stats. 1970, Ch. 1556.) - 22011. Verify source ↗
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 2. Definitions [22010 - 22014] ( Chapter 2 added by Stats. 1970, Ch. 1556. )
This section defines “Commission” as the Ventura-Los Angeles Mountain and Coastal Study Commission.
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 2. Definitions [22010 - 22014] ( Chapter 2 added by Stats. 1970, Ch. 1556. ) ## 22011. “Commission” means the Ventura-Los Angeles Mountain and Coastal Study Commission. (Added by Stats. 1970, Ch. 1556.) - 22012. Verify source ↗
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 2. Definitions [22010 - 22014] ( Chapter 2 added by Stats. 1970, Ch. 1556. )
This section defines “Zone” to mean the Ventura-Los Angeles Mountain and Coastal Zone and the area commonly known as Elysian Park.
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 2. Definitions [22010 - 22014] ( Chapter 2 added by Stats. 1970, Ch. 1556. ) ## 22012. “Zone” means: (1) the Ventura-Los Angeles Mountain and Coastal Zone which includes the land and water area of the Greater Los Angeles Metropolitan Region, comprised of Los Angeles and Ventura Counties, seaward to the outermost limit of the state’s jurisdiction, landward to the Ventura Freeway (Route 101) between Calleguas Creek on the west, and an eastward boundary following Sunset Boulevard from its intersection with the Pacific Coast Highway (Route 1) on the south, northward and eastward to the city line of Beverly Hills, thence following the northerly boundary of the City of Beverly Hills until it returns to Sunset Boulevard, thence eastward on Sunset Boulevard to its intersection with Harper Avenue, thence following a direct line from this point to the southernmost point of Griffith Park, thence following the Griffith Park boundary eastward, then northward, then westward to its point of intersection with the Ventura Freeway; and (2) the area commonly known as the Elysian Park. (Added by Stats. 1970, Ch. 1556.) - 22013. Verify source ↗
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 2. Definitions [22010 - 22014] ( Chapter 2 added by Stats. 1970, Ch. 1556. )
This section defines “Region” as the Greater Los Angeles Metropolitan Region, made up of Los Angeles and Ventura Counties.
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 2. Definitions [22010 - 22014] ( Chapter 2 added by Stats. 1970, Ch. 1556. ) ## 22013. “Region” means the Greater Los Angeles Metropolitan Region, comprised of Los Angeles and Ventura Counties. (Added by Stats. 1970, Ch. 1556.) - 22014. Verify source ↗
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 2. Definitions [22010 - 22014] ( Chapter 2 added by Stats. 1970, Ch. 1556. )
“Irreversible modification” means a modification that affects the physical shape, function, or environment of certain estuaries, watersheds, flood plains, or park and recreation areas.
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 2. Definitions [22010 - 22014] ( Chapter 2 added by Stats. 1970, Ch. 1556. ) ## 22014. “Irreversible modification” means any modification that affects the physical shape, function, or environment of any estuary, watershed, flood plain, or park and recreation area. (Added by Stats. 1970, Ch. 1556.) - 2202. Verify source ↗
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 2. The California Geological Survey [2200 - 2213] ( Heading of Chapter 2 amended by Stats. 2017, Ch. 521, Sec. 15. )
The director may create and manage the California State Mining and Mineral Museum, including its collection, library, public access, and information bureau.
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 2. The California Geological Survey [2200 - 2213] ( Heading of Chapter 2 amended by Stats. 2017, Ch. 521, Sec. 15. ) ## 2202. The director may do any of the following: (a) (1) Make a collection of typical geological and mineralogical specimens, especially those of economic and commercial importance, and of models, drawings, and descriptions of the mechanical appliances used in mining and metallurgical processes and geology, with that collection constituting the museum of the survey, which shall be known as the California State Mining and Mineral Museum. (2) For the purposes of ensuring financial support and oversight of the museum, the department, museum staff, and the California State Mining and Mineral Museum Association may take all appropriate measures to encourage donations for the support of the museum by individuals, companies, and organizations. These donations shall be collected by the department and deposited in the California State Mining and Mineral Museum Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, the money in the fund is hereby continuously appropriated to the department for expenditure for the following activities, in the following order of priority: (A) Payment of curation, interpretation services, and administrative costs. (B) Payment of management and visitation enhancement services. (C) Operational costs of the museum. (b) Provide a library of books, reports, and drawings bearing upon the mineral industries, the sciences of mineralogy and geology, and the arts of mining and metallurgy. (c) Preserve and maintain that collection and library as to make them available for reference and examination, and open to public inspection at reasonable hours. (d) Maintain a bureau of information concerning the mineral industries of this state, which is to consist of that collection and library, and arrange, classify, catalog, and index that data in a manner that makes the information available to those desiring it. (Amended by Stats. 2017, Ch. 521, Sec. 17. (SB 809) Effective January 1, 2018.) - 22020. Verify source ↗
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 3. Organization and Membership [22020 - 22026] ( Chapter 3 added by Stats. 1970, Ch. 1556. )
This section creates the Ventura-Los Angeles Mountain and Coastal Study Commission and sets its 15-member makeup.
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 3. Organization and Membership [22020 - 22026] ( Chapter 3 added by Stats. 1970, Ch. 1556. ) ## 22020. There is in the state government a Ventura-Los Angeles Mountain and Coastal Study Commission, consisting of 15 members: (a) The Secretary of the Resources Agency or his deputy. (b) The Planning Officer of the State Office of Planning or his deputy. (c) One member of the State Lands Commission, selected by the State Lands Commission. (d) One member of the Board of Supervisors of Ventura County, selected by such board of supervisors. (e) One member of the Board of Supervisors of Los Angeles County, selected by such board of supervisors. (f) One member of the Los Angeles City Council, selected by such city council. (g) One member representing the Southern California Association of Governments selected by the executive committee of such association. (h) Eight members of the public, appointed by the Governor, with the advice and consent of the Senate, who shall be residents of the region and who shall have special knowledge or experience in the fields of conservation, parks and recreation, real estate and development, planning, public health, air pollution, water quality, and economics. There shall be balanced representation between conservation and user interests. (Added by Stats. 1970, Ch. 1556.) - 22021. Verify source ↗
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 3. Organization and Membership [22020 - 22026] ( Chapter 3 added by Stats. 1970, Ch. 1556. )
Commission members serve at the pleasure of their appointing powers, get no compensation, and may be reimbursed for actual and necessary expenses.
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 3. Organization and Membership [22020 - 22026] ( Chapter 3 added by Stats. 1970, Ch. 1556. ) ## 22021. The members of the commission shall serve at the pleasure of their respective appointing powers. The members shall serve without compensation, but each of the members shall be reimbursed for his actual and necessary expenses incurred in the performance of his duties. (Added by Stats. 1970, Ch. 1556.) - 22022. Verify source ↗
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 3. Organization and Membership [22020 - 22026] ( Chapter 3 added by Stats. 1970, Ch. 1556. )
The commission must meet twice a month, give the public reasonable prior notice of meeting time and place, keep meetings open to the public, and hold meetings in a reasonably convenient room with adequate space.
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 3. Organization and Membership [22020 - 22026] ( Chapter 3 added by Stats. 1970, Ch. 1556. ) ## 22022. (a) The commission shall meet twice a month, and may meet in subcommittee with authority to conduct hearings within special areas of interest. The public shall be given reasonable prior notice of the time and place of commission meetings, and all such meetings shall be open to the public. (b) All meetings of the commission shall be held at a place reasonably convenient to its members and the public in a meeting room that affords adequate space for its members, its staff, the news media, and the public that may reasonably be expected to attend the meeting. (Added by Stats. 1970, Ch. 1556.) - 22023. Verify source ↗
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 3. Organization and Membership [22020 - 22026] ( Chapter 3 added by Stats. 1970, Ch. 1556. )
The Secretary of the Resources Agency must set the time and place of the commission’s first meeting, and the meeting cannot be scheduled later than February 1, 1971.
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 3. Organization and Membership [22020 - 22026] ( Chapter 3 added by Stats. 1970, Ch. 1556. ) ## 22023. The time and place of the first meeting of the commission shall be prescribed by the Secretary of the Resources Agency, but in no event shall it be scheduled for a date later than February 1, 1971. (Added by Stats. 1970, Ch. 1556.) - 22024. Verify source ↗
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 3. Organization and Membership [22020 - 22026] ( Chapter 3 added by Stats. 1970, Ch. 1556. )
The commission must choose a chair and a vice chair from among its own members.
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 3. Organization and Membership [22020 - 22026] ( Chapter 3 added by Stats. 1970, Ch. 1556. ) ## 22024. The commission shall select from among its members a chair and a vice chair. (Amended by Stats. 2010, Ch. 213, Sec. 17. (AB 2768) Effective January 1, 2011.) - 22025. Verify source ↗
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 3. Organization and Membership [22020 - 22026] ( Chapter 3 added by Stats. 1970, Ch. 1556. )
Vacancies in the commission membership must be filled the same way the original appointments were made.
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 3. Organization and Membership [22020 - 22026] ( Chapter 3 added by Stats. 1970, Ch. 1556. ) ## 22025. All vacancies in the commission membership shall be filled in the same manner in which original appointments were made. (Added by Stats. 1970, Ch. 1556.) - 22026. Verify source ↗
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 3. Organization and Membership [22020 - 22026] ( Chapter 3 added by Stats. 1970, Ch. 1556. )
The commission must appoint a director. The director manages the commission’s affairs and may appoint necessary employees only with the commission’s approval.
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 3. Organization and Membership [22020 - 22026] ( Chapter 3 added by Stats. 1970, Ch. 1556. ) ## 22026. The commission shall appoint a director who shall have charge of coordinating and administering the affairs of the commission, subject to the direction and policies of the commission. The director shall, subject to approval of the commission, appoint such employees as may be necessary in order to carry out the functions of the commission. (Added by Stats. 1970, Ch. 1556.) - 2203. Verify source ↗
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 2. The California Geological Survey [2200 - 2213] ( Heading of Chapter 2 amended by Stats. 2017, Ch. 521, Sec. 15. )
The State Geologist must give requested and recommended information to the director, and the director must prepare an annual report for the Governor by September 15.
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 2. The California Geological Survey [2200 - 2213] ( Heading of Chapter 2 amended by Stats. 2017, Ch. 521, Sec. 15. ) ## 2203. The State Geologist shall provide all requested and recommended information to the director who shall prepare a report for transmission to the Governor on or before the 15th day of September of each year. The report shall include a section reviewing the status of measures taken in the state to counter geologic hazards and a section reviewing the economic utilization and conservation of the state’s mineral resources and problems related thereto pursuant to Chapter 7.6 (commencing with Section 2650). (Amended by Stats. 1992, Ch. 999, Sec. 6. Effective January 1, 1993.) - 2204. Verify source ↗
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 2. The California Geological Survey [2200 - 2213] ( Heading of Chapter 2 amended by Stats. 2017, Ch. 521, Sec. 15. )
The director may receive property gifts for the survey, and if donors give no instructions, the director must manage and dispose of them for the survey’s best interests.
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 2. The California Geological Survey [2200 - 2213] ( Heading of Chapter 2 amended by Stats. 2017, Ch. 521, Sec. 15. ) ## 2204. The director may receive on behalf of this state, for the use and benefit of the survey, gifts, bequests, devises, and legacies of real or other property and may use the same in accordance with the wishes of the donors. If no instructions are given by the donors, the director shall manage, use, and dispose of the gifts, bequests, and legacies for the best interests of the survey and in such manner as the director may determine to be proper. (Amended by Stats. 2017, Ch. 521, Sec. 18. (SB 809) Effective January 1, 2018.) - 2205. Verify source ↗
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 2. The California Geological Survey [2200 - 2213] ( Heading of Chapter 2 amended by Stats. 2017, Ch. 521, Sec. 15. )
The State Geologist may carry out a range of survey and research activities, including studies, data collection, technical assistance, reports, laboratory work, and cooperative agreements.
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 2. The California Geological Survey [2200 - 2213] ( Heading of Chapter 2 amended by Stats. 2017, Ch. 521, Sec. 15. ) ## 2205. The State Geologist may do all of the following: (a) Make, facilitate, and encourage special studies of the mineral resources, mineral industries, geology, and geologic hazards in the state. (b) Collect statistics concerning the occurrence and production of the economically important minerals and the methods pursued in making their valuable constituents available for commercial use. (c) Conduct and provide technical assistance to public and private entities, including for geological investigations, studies, and other activities for purposes that include, but are not limited to, the timely identification, delineation, and assessment of geologic hazards and their potential consequences. (d) Identify and delineate deposits of mineral raw materials in order to prevent their loss to urban encroachment and to assist in their ultimate utilization; and enter into, as the need arises, cooperative agreements, for geological or mineral industry investigations, with public and private entities that may provide for cost sharing or cooperative funding. (e) Maintain a laboratory, including a mineral, rock, and core repository, for use by survey staff and to conduct other investigations in the line of physical and chemical testing and analysis and mineral identification as may be required in the execution of the plans and operations of the survey under this chapter. (f) Issue from time to time reports and maps concerning geologic and mineral hazards in the state and the statistics and technology of the mineral industries of the state, including the results of investigations in mineral resources conservation practices; the use and recycling of scrap mineral products; the control, disposal, reclamation, and utilization of mining and mineral processing waste products; and the reclamation of mined lands. (g) Conduct investigations in mining and metallurgy, including the use and recycling of scrap mineral products and land use practices as these apply to mineral resources conservation, and enter into, as the need arises, cooperative or contractual agreements for those investigations that may provide for cost sharing or cooperative funding. (h) Conduct investigations in the study and development of methods for the control, disposal, reclamation, and utilization of mining and mineral processing waste products and the reclamation of mined lands, and enter into, as the need arises, cooperative or contractual agreements for those investigations that may provide for cost sharing or cooperative funding. (i) Enter into, as the need arises, agreements, including, but not limited to, contracts, grant agreements, and cooperative agreements, that may provide funding or operational support for activities of the survey and for the activities of the department that are directly related to the activities of the survey. Activities that may be funded include, but are not limited to, technical, analytic, and research services related to geologic hazards and resources that the survey may provide directly to those entities. (Amended by Stats. 2025, Ch. 236, Sec. 4. (SB 831) Effective January 1, 2026.) - 2205.1. Verify source ↗
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 2. The California Geological Survey [2200 - 2213] ( Heading of Chapter 2 amended by Stats. 2017, Ch. 521, Sec. 15. )
This section says Division 1 and this division must not be read to reduce the authorized geologic functions of other state agencies.
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 2. The California Geological Survey [2200 - 2213] ( Heading of Chapter 2 amended by Stats. 2017, Ch. 521, Sec. 15. ) ## 2205.1. Division 1 (commencing with Section 500) and this division shall not be construed as abridging the authorized geologic functions of other state agencies. (Amended by Stats. 2025, Ch. 236, Sec. 5. (SB 831) Effective January 1, 2026.) - 22050. Verify source ↗
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 4. Powers and Duties [22050 - 22057] ( Chapter 4 added by Stats. 1970, Ch. 1556. )
The commission may accept gifts and grants, appoint committees from its members, hire or contract for needed professional services, and do other things necessary to carry out the division.
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 4. Powers and Duties [22050 - 22057] ( Chapter 4 added by Stats. 1970, Ch. 1556. ) ## 22050. The commission may: (a) For purposes of this division, accept any gifts, donations, or bequests from individuals or organizations, or accept grants of funds from private or public agencies. (b) Appoint committees from its membershp. (c) Contract for or employ any professional services required by the commission or for the performance of services which in its opinion cannot satisfactorily be performed by its officers and employees or provided by other federal, state, or local governmental agencies. (d) Do any and all other things necessary to carry out the purposes of this division. (Added by Stats. 1970, Ch. 1556.) - 22051. Verify source ↗
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 4. Powers and Duties [22050 - 22057] ( Chapter 4 added by Stats. 1970, Ch. 1556. )
The commission must complete a detailed study within nine months after its first meeting.
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 4. Powers and Duties [22050 - 22057] ( Chapter 4 added by Stats. 1970, Ch. 1556. ) ## 22051. Within nine months of the first meeting of the commission, the commission shall make a detailed study of all factors that may significantly affect or cause irreversible modification of the present and future status of the zone and its relationship with the region, and any other factors, including, but not limited to: (a) The zone as an airshed resource for the region, considering climatology and meteorology. (b) Open space, including scenic easements, parks, and natural preserves, and fire hazards and fire prevention. (c) Watersheds, floods, and flood damage prevention. (d) Beaches, estuaries, lagoons, coastal bluffs, springs, creeks, lakes, fish, wildlife, and natural plantlife of the zone and the effects of development thereon. (e) Recreation, including beaches, parks, and other facilities for sport fishing, surfing, pleasure boating, picnicking, camping, mountaineering, hiking, and horseback riding. (f) Inventory of Indian settlements and other historical and archeological sites, fossil beds, unusual plantlife, and geological formations for possible future preservation and utilization. (g) Water supply, water quality, and waste disposal, including sewage plants and outfalls and thermal and radioactive pollution. (h) Solid waste disposal, including the effect of sanitary landfill activities. (i) Geology, erosion, soil types, land stability, and grading practices. (j) Proposed transportation plans, including present and projected traffic patterns, and new methods of solving transportation problems. (k) Projected population and related housing development within the zone and the impact thereof on the zone and region. (l) Power and desalination plants. (m) Exploration and exploitation of oil and gas and other minerals and natural resources. (n) Present land uses and known proposals for change, including impact of land appraisal and tax policies. (o) Present ownerships, including the administration of publicly owned properties. (p) Present regulation of land and water uses and activities of all levels of government. (q) Present laws affecting the zone. (Added by Stats. 1970, Ch. 1556.) - 22053. Verify source ↗
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 4. Powers and Duties [22050 - 22057] ( Chapter 4 added by Stats. 1970, Ch. 1556. )
The commission must analyze related studies, identify what is needed for balanced conservation and development, set policies and priorities, and prepare a proposal for further legislative action.
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 4. Powers and Duties [22050 - 22057] ( Chapter 4 added by Stats. 1970, Ch. 1556. ) ## 22053. The commission shall analyze the interrelations of the studies prepared pursuant to Section 22051 in order to ascertain what is needed for balanced conservation and development, determine a set of policies and priorities based on this analysis, and prepare a proposal for further legislative action to provide for implementation of these policies. (Added by Stats. 1970, Ch. 1556.) - 22055. Verify source ↗
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 4. Powers and Duties [22050 - 22057] ( Chapter 4 added by Stats. 1970, Ch. 1556. )
The commission’s existence ends on the 61st day after the final adjournment of the 1972 Regular Session of the Legislature.
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 4. Powers and Duties [22050 - 22057] ( Chapter 4 added by Stats. 1970, Ch. 1556. ) ## 22055. The existence of the commission shall terminate on the 61st day after the final adjournment of the 1972 Regular Session of the Legislature. (Added by Stats. 1970, Ch. 1556.) - 22056. Verify source ↗
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 4. Powers and Duties [22050 - 22057] ( Chapter 4 added by Stats. 1970, Ch. 1556. )
The commission may request current land use information, studies, and plans from cities and counties.
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 4. Powers and Duties [22050 - 22057] ( Chapter 4 added by Stats. 1970, Ch. 1556. ) ## 22056. In the preparation of its studies, the commission may ask for current land use information, studies, and plans of cities and counties. Federal governmental agencies are requested to, and state and local governmental agencies shall, comply with the requests of the commission for such information. The commission shall make its studies available to cooperating governmental agencies upon request. (Added by Stats. 1970, Ch. 1556.) - 22057. Verify source ↗
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 4. Powers and Duties [22050 - 22057] ( Chapter 4 added by Stats. 1970, Ch. 1556. )
The commission may appoint technical advisory committees and set their membership, powers, and duties. Committee members must serve without compensation.
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 4. Powers and Duties [22050 - 22057] ( Chapter 4 added by Stats. 1970, Ch. 1556. ) ## 22057. The commission may appoint technical advisory committees, whose members shall serve without compensation, and prescribe their membership, powers, and duties. (Added by Stats. 1970, Ch. 1556.) - 2206. Verify source ↗
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 2. The California Geological Survey [2200 - 2213] ( Heading of Chapter 2 amended by Stats. 2017, Ch. 521, Sec. 15. )
The State Geologist may prepare a special collection of California ores and minerals for use at a world’s fair or exposition.
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 2. The California Geological Survey [2200 - 2213] ( Heading of Chapter 2 amended by Stats. 2017, Ch. 521, Sec. 15. ) ## 2206. The State Geologist may prepare a special collection of ores and minerals of California to be sent to or used at any world’s fair or exposition in order to display the mineral wealth of the State. (Amended by Stats. 1961, Ch. 371.) - 2206.1. Verify source ↗
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 2. The California Geological Survey [2200 - 2213] ( Heading of Chapter 2 amended by Stats. 2017, Ch. 521, Sec. 15. )
The State Geologist may lease California ore and mineral collections for public benefit, but only with the Director of General Services’ approval and for no more than 20 years.
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 2. The California Geological Survey [2200 - 2213] ( Heading of Chapter 2 amended by Stats. 2017, Ch. 521, Sec. 15. ) ## 2206.1. Notwithstanding Section 14670 of the Government Code, subject to the approval of the Director of General Services, the State Geologist may lease, for a period not to exceed 20 years, collections of ores and minerals of California for the public benefit. (Added by Stats. 1984, Ch. 1042, Sec. 2. Effective September 12, 1984.) - 2207. Verify source ↗
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 2. The California Geological Survey [2200 - 2213] ( Heading of Chapter 2 amended by Stats. 2017, Ch. 521, Sec. 15. )
Mining operation owners or operators must file annual reports, pay reporting fees, and allow reclamation-related access; the board and supervisor also have fee-setting and reporting duties, and some production data is confidential.
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 2. The California Geological Survey [2200 - 2213] ( Heading of Chapter 2 amended by Stats. 2017, Ch. 521, Sec. 15. ) ## 2207. (a) The owner or the operator of a mining operation within the state shall forward to the supervisor annually, not later than a date established by the supervisor, on forms approved by the board from time to time, a report that identifies all of the following: (1) The name, address, and telephone number of the person, company, or other owner of the mining operation. (2) The name, address, and telephone number of a designated agent who resides in this state and who will receive and accept service of all orders, notices, and processes of the lead agency, board, supervisor, or court. (3) The location of the mining operation, its name, its mine number as issued by the Division of Mine Reclamation, its section, township, range, latitude, longitude, and approximate boundaries of the mining operation marked on a United States Geological Survey 71/2-minute or 15-minute quadrangle map. (4) The lead agency. (5) The approval date of the mining operation’s reclamation plan. (6) The mining operation’s status as active, idle, reclaimed, or in the process of being reclaimed. (7) The commodities produced by the mine and the type of mining operation. (8) A copy of the previously completed annual inspection form and a requested date, within 12 months of the prior inspection date, for the next annual inspection by the lead agency. (9) Proof of financial assurances. (10) Ownership of the property, including government agencies, if applicable, by the assessor’s parcel number, and total assessed value of the mining operation. (11) The approximate permitted size of the mining operation subject to the Surface Mining and Reclamation Act of 1975 (Chapter 9 (commencing with Section 2710)), in acres. (12) The approximate total acreage of land newly disturbed by the mining operation during the previous calendar year. (13) The approximate total of disturbed acreage reclaimed during the previous calendar year. (14) The approximate total unreclaimed disturbed acreage remaining as of the end of the calendar year. (15) The total production for each mineral commodity produced during the previous year. (16) A copy of any approved reclamation plan and any amendments or conditions of approval to any existing reclamation plan approved by the lead agency. (b) (1) Every year, not later than the date established by the supervisor, the person submitting the report pursuant to subdivision (a) shall forward to the lead agency, on forms furnished by the board, a report that provides all of the information specified in subdivision (a). (2) The owner or operator of a mining operation shall allow access to the property to any governmental agency or the agent of any company providing financial assurance mechanisms in connection with the reclamation plan in order that the reclamation can be carried out by the entity or company in accordance with the reclamation plan. (c) Subsequent reports shall include only changes in the information submitted for the items described in subdivision (a), except that, instead of the approved reclamation plan, the reports shall include any reclamation plan amendments approved during the previous year. The reports shall state whether review of a reclamation plan, financial assurances, or an interim management plan is pending under subdivision (h) of Section 2770, or whether an appeal before the board or lead agency governing body is pending under subdivision (e) or (h) of Section 2770. The supervisor shall notify the person submitting the report and the owner’s designated agent in writing that the report and the fee required pursuant to subdivision (d) have been received, specify the mining operation’s mine number if one has not been issued by the Division of Mine Reclamation, and notify the person and agent of any deficiencies in the report within 90 days of receipt. That person or agent shall have 30 days from receipt of the notification to correct the noted deficiencies and forward the revised report to the supervisor and the lead agency. A person who fails to comply with this section, or knowingly provides incorrect or false information in reports required by this section, may be subject to an administrative penalty as provided in subdivision (c) of Section 2774.1. (d) (1) The board shall impose, by regulation, pursuant to paragraph (2), an annual reporting fee on, and method for collecting annual fees from, each active or idle mining operation. The maximum fee for any single mining operation shall not exceed ten thousand dollars ($10,000) annually and shall not be less than one hundred dollars ($100) annually, as adjusted for the cost of living as measured by the California Consumer Price Index for all urban consumers, calendar year averages, using the percentage change in the previous year, except that the maximum fee for any single mining operation shall not exceed six thousand dollars ($6,000) in the 2017–18 fiscal year and eight thousand dollars ($8,000) in the 2018–19 fiscal year. (2) (A) The board shall adopt, by regulation, a schedule of fees authorized under paragraph (1) to cover the department’s cost in carrying out this section and the Surface Mining and Reclamation Act of 1975 (Chapter 9 (commencing with Section 2710)), as reflected in the Governor’s proposed Budget, and may adopt those regulations as emergency regulations. In establishing the schedule of fees to be paid by each active and idle mining operation, the fees shall be calculated on an equitable basis reflecting the size and type of operation. The board shall also consider the total assessed value of the mining operation, the acreage disturbed by mining activities, and the acreage subject to the reclamation plan. (B) Regulations adopted pursuant to this subdivision shall be adopted by the board in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of any emergency regulations pursuant to this subdivision shall be considered necessary to address an emergency and shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health, safety, and general welfare. (3) The total revenue generated by the reporting fees shall not exceed, and may be less than, the amount of eight million dollars ($8,000,000), as adjusted for the cost of living as measured by the California Consumer Price Index for all urban consumers, calendar year averages, using the percentage change in the previous year, beginning with the 2017–18 fiscal year and annually thereafter. If the director determines that the revenue collected during the preceding fiscal year was greater or less than the cost to operate the program, the board shall adjust the fees to compensate for the overcollection or undercollection of revenues. (4) (A) The reporting fees established pursuant to this subdivision shall be deposited into the Mine Reclamation Account, which is hereby created. Any fees, penalties, interest, fines, or charges collected by the supervisor or board pursuant to this chapter or the Surface Mining and Reclamation Act of 1975 (Chapter 9 (commencing with Section 2710)) shall be deposited into the Mine Reclamation Account. The money in the account shall be available to the department and board, upon appropriation by the Legislature, for the purpose of carrying out this section and complying with the Surface Mining and Reclamation Act of 1975 (Chapter 9 (commencing with Section 2710)), which includes, but is not limited to, the classification and designation of areas with mineral resources of statewide or regional significance, reclamation plan and financial assurance review, mine inspection, and enforcement. (B) (i) In addition to reporting fees, the board shall collect five dollars ($5) per ounce of gold and ten cents ($0.10) per ounce of silver mined within the state and shall deposit the fees collected into the Abandoned Mine Reclamation and Minerals Fund Subaccount, which is hereby created in the Mine Reclamation Account. The department may expend the moneys in the subaccount, upon appropriation by the Legislature, for only the purposes of Section 2796.5 and as authorized herein for the remediation of abandoned mines. (ii) Notwithstanding subdivision (j) of Section 2796.5, fees collected pursuant to clause (i) may also be used to remediate features of historic abandoned mines and lands that they impact. For purposes of this section, historic abandoned mines are mines for which operations have been conducted before January 1, 1976, and include, but are not limited to, historic gold and silver mines. (5) In case of late payment of the reporting fee, a penalty of not less than one hundred dollars ($100) or 10 percent of the amount due, whichever is greater, plus interest at the rate of 11/2 percent per month, computed from the delinquent date of the assessment until and including the date of payment, shall be assessed. New mining operations that have not submitted a report shall submit a report before commencement of operations. The new operation shall submit its fee according to the reasonable fee schedule adopted by the board, and the month that the report is received shall become that operation’s anniversary month. (e) The lead agency, or the board when acting as the lead agency, may impose a fee on each mining operation to cover the reasonable costs incurred in implementing this chapter and the Surface Mining and Reclamation Act of 1975 (Chapter 9 (commencing with Section 2710)). (f) For purposes of this section, “mining operation” means a mining operation of any kind or character whatever in this state, including, but not limited to, a mining operation that is classified as a “surface mining operation” as defined in Section 2735, unless excepted by Section 2714, and the extraction of minerals from geothermal brine, or any other brine, including, but not limited to, a mining operation colocated or co-operated with geothermal resource facilities. For purposes of fee collections only, “mining operation” may include one or more mines operated by a single operator or mining company on one or more sites, if the total annual combined mineral production for all sites is less than 100 troy ounces for precious metals, if precious metals are the primary mineral commodity produced, or less than 100,000 short tons if the primary mineral commodity produced is not precious metals. (g) Any information in reports submitted pursuant to subdivision (a) that includes or otherwise indicates the total mineral production, reserves, or rate of depletion of any mining operation may not be disclosed to any member of the public, as defined in Section 7920.515 of the Government Code. Other portions of the reports are public records unless excepted by statute. Statistical bulletins based on these reports and published under Section 2205 shall be compiled to show, for the state as a whole and separately for each lead agency, the total of each mineral produced therein. In order not to disclose the production, reserves, or rate of depletion from any identifiable mining operation, a production figure shall not be published or otherwise disclosed unless that figure is the aggregated production of not less than three mining operations. If the production figure for any lead agency would disclose the production, reserves, or rate of depletion of less than three mining operations or otherwise permit the reasonable inference of the production, reserves, or rate of depletion of any identifiable mining operation, that figure shall be combined with the same figure of not less than two other lead agencies without regard to the location of the lead agencies. The bulletin shall be published annually by June 30 or as soon thereafter as practicable. (h) The approval of a form by the board pursuant to this section is not the adoption of a regulation for purposes of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and is not subject to that act. (Amended by Stats. 2023, Ch. 131, Sec. 168. (AB 1754) Effective January 1, 2024.) - 2207.1. Verify source ↗
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 2. The California Geological Survey [2200 - 2213] ( Heading of Chapter 2 amended by Stats. 2017, Ch. 521, Sec. 15. )
A manufacturer or processor may report mineral-material consumption or utilization data to the State Geologist, and confidentially identified reports must be kept confidential by the department.
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 2. The California Geological Survey [2200 - 2213] ( Heading of Chapter 2 amended by Stats. 2017, Ch. 521, Sec. 15. ) ## 2207.1. A manufacturer or processor may report to the State Geologist data on consumption or utilization of mineral materials. Those reports, if appropriately identified as confidential by the submitting entity, shall be maintained by the department as confidential. Publications issued as commodity or marketing studies pursuant to Section 2205 may contain figures from those reports, provided that these figures are presented so as not to disclose the consumption or utilization of minerals by any user. (Amended by Stats. 2025, Ch. 236, Sec. 6. (SB 831) Effective January 1, 2026.) - 2208. Verify source ↗
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 2. The California Geological Survey [2200 - 2213] ( Heading of Chapter 2 amended by Stats. 2017, Ch. 521, Sec. 15. )
The department may enter or examine mines and related mineral properties in California at any time to gather data and comply with this chapter.
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 2. The California Geological Survey [2200 - 2213] ( Heading of Chapter 2 amended by Stats. 2017, Ch. 521, Sec. 15. ) ## 2208. The department may at any time enter or examine any and all mines, quarries, wells, mills, reduction works, refining works, and other mineral properties or working plants in this state in order to gather data to comply with this chapter. (Amended by Stats. 2025, Ch. 236, Sec. 7. (SB 831) Effective January 1, 2026.) - 22080. Verify source ↗
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 5. Deferment of Public Works Involving Irreversible Modifications [22080- 22080.] ( Chapter 5 added by Stats. 1970, Ch. 1556. )
State agencies must defer certain large public works projects that would cause irreversible modification of the zone.
## Public Resources Code - PRC ## DIVISION 14. THE VENTURA-LOS ANGELES MOUNTAIN AND COASTAL STUDY COMMISSION [22000 - 22080] ( Division 14 added by Stats. 1970, Ch. 1556. ) ## CHAPTER 5. Deferment of Public Works Involving Irreversible Modifications [22080- 22080.] ( Chapter 5 added by Stats. 1970, Ch. 1556. ) ## 22080. Acquisition of land for, or construction of, all public works projects, by the State of California and state agencies, with a total budget in excess of five million dollars ($5,000,000) which will cause irreversible modification of the zone are hereby deferred until the 61st day after the final adjournment of the 1972 Regular Session of the Legislature. The provisions of this section shall not apply to districts, agencies, or other governmental entities not primarily supported by an annual appropriation of state funds. All the following projects are excluded from the deferment provided by this section: (a) Any project funded by state general obligation bonds. (b) State Highway Routes 5, 101, and 405. (Added by Stats. 1970, Ch. 1556.) - 22085. Verify source ↗
## Public Resources Code - PRC ## DIVISION 14.5. Blue Ribbon Committee for the Rehabilitation of Clear Lake [22085 - 22092] ( Division 14.5 added by Stats. 2017, Ch. 842, Sec. 1. )
This section states legislative findings about Clear Lake’s environmental and economic condition and says the Legislature intends to create a Blue Ribbon Committee to help rehabilitate the lake.
## Public Resources Code - PRC ## DIVISION 14.5. Blue Ribbon Committee for the Rehabilitation of Clear Lake [22085 - 22092] ( Division 14.5 added by Stats. 2017, Ch. 842, Sec. 1. ) ## 22085. The Legislature finds and declares all of the following: (a) According to California census data, Lake County, among the poorest counties in the State of California, is growing at a much slower economic rate than the majority of the state. (b) Based on the 2016 Lake County Comprehensive Economic Development Strategy, Clear Lake, in Lake County, is one of the top two contributors to the local economy, cited as “the cornerstone of the local visitor and recreation markets,” mainly through boating and bass fishing tourism. (c) Clear Lake is the oldest species-rich, warm water, natural lake in North America. The lake contributes to the surrounding ecosystems of native plants and animals, as well as species introduced by the Department of Fish and Wildlife. Clear Lake and the surrounding environment is also a home to endangered and rare animal species. (d) Clear Lake suffers from numerous environmental hazards that negatively affect the quality of the water and the lake’s fish, including all of the following issues: (1) The State Water Resources Control Board determined that the amount of mercury found in the lake, caused by runoff, fails to meet environmental standards and is in need of improvement. (2) The Office of Environmental Health Hazard Assessment concluded that the fish caught in Clear Lake, specifically the bass, are not safe for women and children to eat in abundance, or at all. (3) The 2016 Lake County Comprehensive Economic Development Strategy reports that the overgrowth of seasonal algae, cyanobacteria, and invasive weeds, such as hydrilla, cause a variety of health and habitat problems for the lake. The abundance of cyanobacteria blooms produce odor and surface scum, alter processed drinking water taste, and sometimes cause toxic conditions for pets, creating a seasonal decrease in tourism and depression in the local economy. (e) Therefore, it is the intent of the Legislature to enact legislation that would establish the Blue Ribbon Committee for the Rehabilitation of Clear Lake. The committee will spearhead activities aimed at cleaning up the lake for environmental gains that will revitalize its regional significance so that it may once again be used for recreational purposes, thus creating jobs and inciting new economic development. (Added by Stats. 2017, Ch. 842, Sec. 1. (AB 707) Effective January 1, 2018.) - 22086. Verify source ↗
## Public Resources Code - PRC ## DIVISION 14.5. Blue Ribbon Committee for the Rehabilitation of Clear Lake [22085 - 22092] ( Division 14.5 added by Stats. 2017, Ch. 842, Sec. 1. )
A Blue Ribbon Committee for the Rehabilitation of Clear Lake is established in the Natural Resources Agency.
## Public Resources Code - PRC ## DIVISION 14.5. Blue Ribbon Committee for the Rehabilitation of Clear Lake [22085 - 22092] ( Division 14.5 added by Stats. 2017, Ch. 842, Sec. 1. ) ## 22086. There is hereby established in the Natural Resources Agency the Blue Ribbon Committee for the Rehabilitation of Clear Lake. (Added by Stats. 2017, Ch. 842, Sec. 1. (AB 707) Effective January 1, 2018.) - 22087. Verify source ↗
## Public Resources Code - PRC ## DIVISION 14.5. Blue Ribbon Committee for the Rehabilitation of Clear Lake [22085 - 22092] ( Division 14.5 added by Stats. 2017, Ch. 842, Sec. 1. )
This section defines “Agency” and “Committee” for this division.
## Public Resources Code - PRC ## DIVISION 14.5. Blue Ribbon Committee for the Rehabilitation of Clear Lake [22085 - 22092] ( Division 14.5 added by Stats. 2017, Ch. 842, Sec. 1. ) ## 22087. For purposes of this division, the following terms have the following meanings: (a) “Agency” means the Natural Resources Agency. (b) “Committee” means the Blue Ribbon Committee for the Rehabilitation of Clear Lake. (Added by Stats. 2017, Ch. 842, Sec. 1. (AB 707) Effective January 1, 2018.) - 22089. Verify source ↗
## Public Resources Code - PRC ## DIVISION 14.5. Blue Ribbon Committee for the Rehabilitation of Clear Lake [22085 - 22092] ( Division 14.5 added by Stats. 2017, Ch. 842, Sec. 1. )
This section sets the committee’s membership, appointment sources, compensation, and chairperson.
## Public Resources Code - PRC ## DIVISION 14.5. Blue Ribbon Committee for the Rehabilitation of Clear Lake [22085 - 22092] ( Division 14.5 added by Stats. 2017, Ch. 842, Sec. 1. ) ## 22089. (a) The committee shall consist of at least nine members and shall include the following representatives: (1) A representative from the University of California, Davis, to be appointed by the chancellor from the university. (2) One member of the Board of Supervisors of the County of Lake or a designee appointed by the board of supervisors who is either an employee of the county or a resident of the county. (3) Representatives from the tribes in the communities impacted by Clear Lake, to be appointed by their respective tribal councils. (4) The secretary of the agency or his or her designee. (5) A representative from the Central Valley Regional Water Quality Control Board, to be appointed by that board. (6) An expert from each of the following areas, to be appointed by the Board of Supervisors of the County of Lake: (A) Local economic development. (B) Agriculture. (C) Environment. (D) A public water supplier that draws its drinking water supply from Clear Lake. (b) The members of the committee shall serve at the pleasure of their respective appointing powers. (c) The members shall serve without compensation, but each of the members shall be reimbursed for his or her actual and necessary expenses incurred in the performance of his or her duties. (d) The chairperson of the committee shall be the secretary of the agency, or his or her designee. (Added by Stats. 2017, Ch. 842, Sec. 1. (AB 707) Effective January 1, 2018.) - 22090. Verify source ↗
## Public Resources Code - PRC ## DIVISION 14.5. Blue Ribbon Committee for the Rehabilitation of Clear Lake [22085 - 22092] ( Division 14.5 added by Stats. 2017, Ch. 842, Sec. 1. )
Committee members must meet quarterly to discuss, review research, plan, and provide oversight for Clear Lake’s health.
## Public Resources Code - PRC ## DIVISION 14.5. Blue Ribbon Committee for the Rehabilitation of Clear Lake [22085 - 22092] ( Division 14.5 added by Stats. 2017, Ch. 842, Sec. 1. ) ## 22090. Members of the committee shall meet quarterly for the purposes of discussion, reviewing research, planning, and providing oversight regarding the health of Clear Lake. Research conducted for the committee shall go through a scientific and applied science process. Two meetings per year shall be held in the County of Lake. (Added by Stats. 2017, Ch. 842, Sec. 1. (AB 707) Effective January 1, 2018.) - 22091. Verify source ↗
## Public Resources Code - PRC ## DIVISION 14.5. Blue Ribbon Committee for the Rehabilitation of Clear Lake [22085 - 22092] ( Division 14.5 added by Stats. 2017, Ch. 842, Sec. 1. )
The committee must file annual activity reports starting January 1, 2019, and its first report must address Clear Lake water-quality barriers, causes, wildlife threats, solutions, cost estimates, and a funding/implementation plan.
## Public Resources Code - PRC ## DIVISION 14.5. Blue Ribbon Committee for the Rehabilitation of Clear Lake [22085 - 22092] ( Division 14.5 added by Stats. 2017, Ch. 842, Sec. 1. ) ## 22091. (a) Beginning January 1, 2019, the committee shall provide an annual report on its activities to the Governor and the appropriate policy committees of the Legislature relating to natural resources and local government. (b) The first annual report submitted pursuant to subdivision (a) shall identify barriers to improved water quality in Clear Lake, the contributing factors causing the poor water quality, and the threats to wildlife. The report shall include recommendations on solutions to these issues, estimates of cost, and a plan for involving the local, state, and federal governments in funding for and implementation of lake restoration activities. (c) A report submitted to the Legislature pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2017, Ch. 842, Sec. 1. (AB 707) Effective January 1, 2018.) - 22092. Verify source ↗
## Public Resources Code - PRC ## DIVISION 14.5. Blue Ribbon Committee for the Rehabilitation of Clear Lake [22085 - 22092] ( Division 14.5 added by Stats. 2017, Ch. 842, Sec. 1. )
The committee may receive assistance and funds from public and private sources, and it may spend funds and award grants for research if the Legislature appropriates money.
## Public Resources Code - PRC ## DIVISION 14.5. Blue Ribbon Committee for the Rehabilitation of Clear Lake [22085 - 22092] ( Division 14.5 added by Stats. 2017, Ch. 842, Sec. 1. ) ## 22092. (a) The committee may receive assistance and funds from public and private sources. (b) Upon appropriation by the Legislature, the committee may expend funds and award grants to conduct research. (Added by Stats. 2017, Ch. 842, Sec. 1. (AB 707) Effective January 1, 2018.) - 2213. Verify source ↗
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 2. The California Geological Survey [2200 - 2213] ( Heading of Chapter 2 amended by Stats. 2017, Ch. 521, Sec. 15. )
The survey must create a Geologic Carbon Sequestration Group, which must identify suitable Class VI injection well locations, needed subsurface monitoring, and hazards that could require stopping carbon dioxide injections.
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 2. The California Geological Survey [2200 - 2213] ( Heading of Chapter 2 amended by Stats. 2017, Ch. 521, Sec. 15. ) ## 2213. (a) The survey shall establish a Geologic Carbon Sequestration Group to provide independent expertise and regulatory guidance to the State Air Resources Board. The duties of the Geologic Carbon Sequestration Group shall include, but are not limited to, all of the following: (1) Identification of high quality, suitable locations of Class VI injection wells, as defined in Section 144.6 of Title 40 of the Code of Federal Regulations. (2) Identification of appropriate subsurface monitoring to ensure geologic sequestration of the injected carbon dioxide. (3) Identification of hazards that may require the suspension of carbon dioxide injections. (b) For purposes of this section, “high quality, suitable locations” means reservoirs that have been modeled to be capable of maintaining integrity for at least 1,000 years. (Added by Stats. 2022, Ch. 359, Sec. 3. (SB 905) Effective January 1, 2023.) - 25000. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 1. Title and General Provisions [25000 - 25009] ( Chapter 1 added by Stats. 1974, Ch. 276. )
This division may be cited as the Warren-Alquist State Energy Resources Conservation and Development Act.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 1. Title and General Provisions [25000 - 25009] ( Chapter 1 added by Stats. 1974, Ch. 276. ) ## 25000. This division shall be known and may be cited as the Warren-Alquist State Energy Resources Conservation and Development Act. (Added by Stats. 1974, Ch. 276.) - 25000.1. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 1. Title and General Provisions [25000 - 25009] ( Chapter 1 added by Stats. 1974, Ch. 276. )
When the commission calculates cost effectiveness for energy resources, it must count environmental costs and benefits, including air quality. It must also keep any values it develops consistent with Public Utilities Commission values, though it may still use a different value if it explains its reasons in the record.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 1. Title and General Provisions [25000 - 25009] ( Chapter 1 added by Stats. 1974, Ch. 276. ) ## 25000.1. (a) The Legislature further finds and declares that, in addition to their other ratepayer protection objectives, a principal goal of electric and natural gas utilities’ resource planning and investment shall be to minimize the cost to society of the reliable energy services that are provided by natural gas and electricity, and to improve the environment and to encourage the diversity of energy sources through improvements in energy efficiency and development of renewable energy resources, such as wind, solar, and geothermal energy. (b) The Legislature further finds and declares that, in addition to any appropriate investments in energy production, electrical and natural gas utilities should seek to exploit all practicable and cost-effective conservation and improvements in the efficiency of energy use and distribution that offer equivalent or better system reliability, and which are not being exploited by any other entity. (c) In calculating the cost effectiveness of energy resources, including conservation and load management options, the commission shall include a value for any costs and benefits to the environment, including air quality. The commission shall ensure that any values it develops pursuant to this section are consistent with values developed by the Public Utilities Commission pursuant to Section 701.1 of the Public Utilities Code. However, if the commission determines that a value developed pursuant to this subdivision is not consistent with a value developed by the Public Utilities Commission pursuant to subdivision (c) of Section 701.1 of the Public Utilities Code, the commission may nonetheless use this value if, in the appropriate record of its proceedings, it states its reasons for using the value it has selected. (Added by Stats. 1990, Ch. 1475, Sec. 1.) - 25000.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 1. Title and General Provisions [25000 - 25009] ( Chapter 1 added by Stats. 1974, Ch. 276. )
This section states California’s policy to evaluate the costs of petroleum and other transportation fuels, favor the least environmental and economic cost, and reduce fuel-related costs for state agencies.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 1. Title and General Provisions [25000 - 25009] ( Chapter 1 added by Stats. 1974, Ch. 276. ) ## 25000.5. (a) The Legislature finds and declares that overdependence on the production, marketing, and consumption of petroleum based fuels as an energy resource in the transportation sector is a threat to the energy security of the state due to continuing market and supply uncertainties. In addition, petroleum use as an energy resource contributes substantially to the following public health and environmental problems: air pollution, acid rain, global warming, and the degradation of California’s marine environment and fisheries. (b) Therefore, it is the policy of this state to fully evaluate the economic and environmental costs of petroleum use, and the economic and environmental costs of other transportation fuels, including the costs and values of environmental impacts, and to establish a state transportation energy policy that results in the least environmental and economic cost to the state. In pursuing the “least environmental and economic cost” strategy, it is the policy of the state to exploit all practicable and cost-effective conservation and improvements in the efficiency of energy use and distribution, and to achieve energy security, diversity of supply sources, and competitiveness of transportation energy markets based on the least environmental and economic cost. (c) It is also the policy of this state to minimize the economic and environmental costs due to the use of petroleum-based and other transportation fuels by state agencies. In implementing a least-cost economic and environmental strategy for state fleets, it is the policy of the state to implement practicable and cost-effective measures, including, but not necessarily limited to, the purchase of the cleanest and most efficient automobiles and replacement tires, the use of alternative fuels in its fleets, and other conservation measures. (d) For the purposes of this section, “petroleum based fuels” means fuels derived from liquid unrefined crude oil, including natural gas liquids, liquefied petroleum gas, or the energy fraction of methyl tertiary-butyl ether (MTBE) or other ethers that is not attributed to natural gas. (Amended by Stats. 2001, Ch. 912, Sec. 1. Effective January 1, 2002.) - 25001. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 1. Title and General Provisions [25000 - 25009] ( Chapter 1 added by Stats. 1974, Ch. 276. )
State government is responsible for maintaining a reliable supply of electrical energy.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 1. Title and General Provisions [25000 - 25009] ( Chapter 1 added by Stats. 1974, Ch. 276. ) ## 25001. The Legislature hereby finds and declares that electrical energy is essential to the health, safety and welfare of the people of this state and to the state economy, and that it is the responsibility of state government to ensure that a reliable supply of electrical energy is maintained at a level consistent with the need for such energy for protection of public health and safety, for promotion of the general welfare, and for environmental quality protection. (Added by Stats. 1974, Ch. 276.) - 25002. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 1. Title and General Provisions [25000 - 25009] ( Chapter 1 added by Stats. 1974, Ch. 276. )
The Legislature states that rapid growth in demand for electric energy is partly caused by wasteful, uneconomic, inefficient, and unnecessary power use, and that continuing this trend may seriously deplete or irreversibly commit energy, land, and water resources and threaten the state’s environmental quality.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 1. Title and General Provisions [25000 - 25009] ( Chapter 1 added by Stats. 1974, Ch. 276. ) ## 25002. The Legislature further finds and declares that the present rapid rate of growth in demand for electric energy is in part due to wasteful, uneconomic, inefficient, and unnecessary uses of power and a continuation of this trend will result in serious depletion or irreversible commitment of energy, land and water resources, and potential threats to the state’s environmental quality. (Added by Stats. 1974, Ch. 276.) - 25003. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 1. Title and General Provisions [25000 - 25009] ( Chapter 1 added by Stats. 1974, Ch. 276. )
The Legislature states that, when planning future electrical generating and related transmission facilities, land use, urban expansion, transportation, environmental protection, and economic development plans should be considered.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 1. Title and General Provisions [25000 - 25009] ( Chapter 1 added by Stats. 1974, Ch. 276. ) ## 25003. The Legislature further finds and declares that in planning for future electrical generating and related transmission facilities state, regional, and local plans for land use, urban expansion, transportation systems, environmental protection, and economic development should be considered. (Added by Stats. 1974, Ch. 276.) - 25004. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 1. Title and General Provisions [25000 - 25009] ( Chapter 1 added by Stats. 1974, Ch. 276. )
The Legislature finds a pressing need to speed up research and development of alternative energy sources and improved technology for designing and siting power facilities.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 1. Title and General Provisions [25000 - 25009] ( Chapter 1 added by Stats. 1974, Ch. 276. ) ## 25004. The Legislature further finds and declares that there is a pressing need to accelerate research and development into alternative sources of energy and into improved technology of design and siting of power facilities. (Added by Stats. 1974, Ch. 276.) - 25004.2. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 1. Title and General Provisions [25000 - 25009] ( Chapter 1 added by Stats. 1974, Ch. 276. )
The Legislature finds that cogeneration is an important energy resource for the state’s energy supply mix and should receive immediate support from state government.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 1. Title and General Provisions [25000 - 25009] ( Chapter 1 added by Stats. 1974, Ch. 276. ) ## 25004.2. The Legislature further finds that cogeneration technology is a potential energy resource and should be an important element of the state’s energy supply mix. The Legislature further finds that cogeneration technology can assist meeting the state’s energy needs while reducing the long-term use of conventional fuels, is readily available for immediate application, and reduces negative environmental impacts. The Legislature further finds that cogeneration technology is important with respect to the providing of a reliable and clean source of energy within the state and that cogeneration technology should receive immediate support and commitment from state government. (Added by Stats. 1978, Ch. 1009.) - 25004.3. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 1. Title and General Provisions [25000 - 25009] ( Chapter 1 added by Stats. 1974, Ch. 276. )
The Legislature states that advanced transportation technologies can help conserve energy, reduce pollution, ease congestion, and support economic development and jobs, and that California should provide assistance to companies working in this field.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 1. Title and General Provisions [25000 - 25009] ( Chapter 1 added by Stats. 1974, Ch. 276. ) ## 25004.3. The Legislature further finds and declares all of the following: (a) Advanced transportation technologies hold the promise of conserving energy, reducing pollution, lowering traffic congestion, and promoting economic development and jobs in California. (b) There is a pressing need to provide business assistance to California companies engaged in producing and commercializing advanced transportation technologies. (c) It is the policy of the state to provide financial assistance to California companies, particularly small businesses, that are engaged in commercial efforts in the field of advanced transportation technologies. (Added by Stats. 1994, Ch. 1218, Sec. 1. Effective January 1, 1995.) - 25005. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 1. Title and General Provisions [25000 - 25009] ( Chapter 1 added by Stats. 1974, Ch. 276. )
The Legislature finds that preventing delays and interruptions in electrical energy supply, protecting environmental values, and conserving energy resources require expanded state authority and technical capability.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 1. Title and General Provisions [25000 - 25009] ( Chapter 1 added by Stats. 1974, Ch. 276. ) ## 25005. The Legislature further finds and declares that prevention of delays and interruptions in the orderly provision of electrical energy, protection of environmental values, and conservation of energy resources require expanded authority and technical capability within state government. (Added by Stats. 1974, Ch. 276.) - 25005.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 1. Title and General Provisions [25000 - 25009] ( Chapter 1 added by Stats. 1974, Ch. 276. )
The Legislature says information should be gathered and analyzed by the State Energy Resources Conservation and Development Commission to identify future energy problems and uncertainties.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 1. Title and General Provisions [25000 - 25009] ( Chapter 1 added by Stats. 1974, Ch. 276. ) ## 25005.5. The Legislature further finds and declares that information should be acquired and analyzed by the State Energy Resources Conservation and Development Commission in order to ascertain future energy problems and uncertainties, including, but not limited to: (a) The state’s role in production of oil from domestic reserves, especially within Petroleum Administration for Defense District V. (b) The production of Alaskan North Slope oil and its projected use in the state. (c) Plans of the federal government for development of oil in the Outer Continental Shelf adjacent to the state. (d) Impacts of petroleum price increases and projected conservation measures on the demand for energy and indirect effects on the need for offshore oil development and Alaskan oil delivery into the state. (e) Potential shipment of Alaskan oil through the state. (f) Proposals for processing petroleum outside the state to supply the needs within the state. (g) The impact on the state of national energy policies, including Project Independence. (Added by Stats. 1974, Ch. 1195.) - 25006. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 1. Title and General Provisions [25000 - 25009] ( Chapter 1 added by Stats. 1974, Ch. 276. )
The state policy is to consolidate responsibility for energy resources, energy research and development, and regulation of electrical generating and related transmission facilities.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 1. Title and General Provisions [25000 - 25009] ( Chapter 1 added by Stats. 1974, Ch. 276. ) ## 25006. It is the policy of the state and the intent of the Legislature to establish and consolidate the state’s responsibility for energy resources, for encouraging, developing, and coordinating research and development into energy supply and demand problems, and for regulating electrical generating and related transmission facilities. (Added by Stats. 1974, Ch. 276.) - 25007. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 1. Title and General Provisions [25000 - 25009] ( Chapter 1 added by Stats. 1974, Ch. 276. )
The section states California’s policy and legislative intent to use measures that reduce wasteful energy use and conserve energy resources.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 1. Title and General Provisions [25000 - 25009] ( Chapter 1 added by Stats. 1974, Ch. 276. ) ## 25007. It is further the policy of the state and the intent of the Legislature to employ a range of measures to reduce wasteful, uneconomical, and unnecessary uses of energy, thereby reducing the rate of growth of energy consumption, prudently conserve energy resources, and assure statewide environmental, public safety, and land use goals. (Added by Stats. 1974, Ch. 276.) - 25008. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 1. Title and General Provisions [25000 - 25009] ( Chapter 1 added by Stats. 1974, Ch. 276. )
California policy encourages state use of feasible energy and water conservation measures and alternative supply sources at state facilities.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 1. Title and General Provisions [25000 - 25009] ( Chapter 1 added by Stats. 1974, Ch. 276. ) ## 25008. It is further the policy of the state and the intent of the Legislature to promote all feasible means of energy and water conservation and all feasible uses of alternative energy and water supply sources. The Legislature finds and declares that the State of California has extensive physical and natural resources available to it at state-owned sites and facilities which can be substituted for traditional energy supplies or which lend themselves readily to the production of electricity or water. Due to increases in energy and water costs, the state’s expenditures for energy and water have also increased, adding to the burden on California taxpayers and reducing the amount of funds available for other public purposes. It is in the best interest of the state to use these resources when it can be demonstrated that long-term cost, water, and energy use reduction will result, and where increased independence from other fuel and water sources and development of additional revenues for the state may be obtained. Therefore, in recognition of recent and projected increases in the cost of energy and water from traditional sources, it is the policy of the state to use available resources at state facilities which can substitute for traditional energy and water supplies or produce electricity or water at its facilities when use or production will reduce long-term energy or water expenditures. Criteria used in analysis of proposed actions shall include lifecycle cost evaluation, benefit to taxpayers, reduced fossil fuel or reduced water consumption depending on the application, and improved efficiency. Energy or water facilities at state-owned sites shall be scaled to produce optimal system efficiency and best economic advantage to the state. Energy or water produced may be reserved by the state to meet state facility needs or may be sold to state or nonstate purchasers. Resources and processes which may be used to substitute for traditional energy and water supplies and for the purpose of electrical generation at state facilities include, but are not limited to, cogeneration, biomass, wind, geothermal, vapor compression, water reclamation, and solar technologies. It is the intent of the Legislature that no policy in this section, expressed or implied, be in conflict with existing state or federal regulations regarding the production or sale of electricity or water, and that this policy be just and reasonable to utility ratepayers. (Amended by Stats. 1991, Ch. 1142, Sec. 7. Effective October 14, 1991.) - 25009. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 1. Title and General Provisions [25000 - 25009] ( Chapter 1 added by Stats. 1974, Ch. 276. )
The Legislature states that California’s electricity industry was restructured, creating a competitive generation market, and that the state should adjust powerplant siting and licensing requirements accordingly.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 1. Title and General Provisions [25000 - 25009] ( Chapter 1 added by Stats. 1974, Ch. 276. ) ## 25009. The Legislature finds and declares that Chapter 854 of the Statutes of 1996 restructured the California electricity industry and created a competitive electricity generation market. In a competitive generation market, the recovery by powerplant owners of their private investment and operating costs is at risk and no longer guaranteed through regulated rates. Before the California electricity industry was restructured, the regulated cost recovery framework for powerplants justified requiring the commission to determine the need for new generation, and site only powerplants for which need was established. Now that powerplant owners are at risk to recover their investments, it is no longer appropriate to make this determination. It is necessary that California both protect environmental quality and site new powerplants to ensure electricity reliability, improve the environmental performance of the current electricity industry and reduce consumer costs. The success of California’s restructured electricity industry depends upon the willingness of private capital to invest in new powerplants. Therefore, it is necessary to modify the need for determination requirements of the state’s powerplant siting and licensing process to reflect the economics of the restructured electricity industry and ensure the timely construction of new electricity generation capacity. (Added by Stats. 1999, Ch. 581, Sec. 1. Effective January 1, 2000.) - 25100. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
The chapter’s definitions control how this division is interpreted, unless the context requires otherwise.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25100. Unless the context otherwise requires, the definitions in this chapter govern the construction of this division. (Added by Stats. 1974, Ch. 276.) - 25101. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
“Applicant” means a person who applies for certification under this division, including someone who explores for or develops geothermal resources.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25101. “Applicant” means any person who submits an application for certification pursuant to the provisions of this division, including, but not limited to, any person who explores for or develops geothermal resources. (Amended by Stats. 1978, Ch. 1271.) - 25102. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
“Application” means a request for certification of a site and related facility. An applicant for a geothermal powerplant and related facilities may include more than one site and related geothermal facilities in the same application.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25102. “Application” means any request for certification of any site and related facility filed in accordance with the procedures established pursuant to this division. An applicant for a geothermal powerplant and related facilities may propose more than one site and related geothermal facilities in the same application. (Amended by Stats. 1978, Ch. 1271.) - 25103. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
This section defines “coastal zone” by reference to the definition in Section 30103.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25103. “Coastal zone” means the “coastal zone” as defined in Section 30103. (Amended by Stats. 1976, Ch. 1330.) - 25103.3. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
This section defines “Suisun Marsh” as the Suisun Marsh described in Section 29101.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25103.3. “Suisun Marsh” means the Suisun Marsh, as defined in Section 29101. (Added by Stats. 1977, Ch. 1155.) - 25103.7. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
This section defines “Jurisdiction of the San Francisco Bay Conservation and Development Commission” as the area described in Government Code Section 66610.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25103.7. “Jurisdiction of the San Francisco Bay Conservation and Development Commission” means the area defined in Section 66610 of the Government Code. (Added by Stats. 1977, Ch. 1155.) - 25104. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
This section defines “Commission” as the State Energy Resources Conservation and Development Commission.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25104. “Commission” means the State Energy Resources Conservation and Development Commission. (Added by Stats. 1974, Ch. 276.) - 25105. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
“Construction” means onsite work to install permanent equipment or structure for a facility, but several site studies, monitoring equipment, and access work are excluded.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25105. “Construction” means onsite work to install permanent equipment or structure for any facility. “Construction” does not include any of the following: (a) The installation of environmental monitoring equipment. (b) A soil or geological investigation. (c) A topographical survey. (d) Any other study or investigation to determine the environmental acceptability or feasibility of the use of the site for any particular facility. (e) Any work to provide access to a site for any of the purposes specified in subdivision (a), (b), (c), or (d). (Added by Stats. 1974, Ch. 276.) - 25106. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
“Public advisor” is defined as the public advisor employed by the commission under Section 25217.1.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25106. “Public advisor” means the public advisor employed by the commission pursuant to Section 25217.1. (Amended by Stats. 2024, Ch. 353, Sec. 2. (AB 1533) Effective January 1, 2025.) - 25107. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
This section defines “electric transmission line” and excludes certain replacements and related additions from that definition.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25107. “Electric transmission line” means any electric powerline carrying electric power from a thermal powerplant located within the state to a point of junction with any interconnected transmission system. “Electric transmission line” does not include any replacement on the existing site of existing electric powerlines with electric powerlines equivalent to such existing electric powerlines or the placement of new or additional conductors, insulators, or accessories related to such electric powerlines on supporting structures in existence on the effective date of this division or certified pursuant to this division. (Added by Stats. 1974, Ch. 276.) - 25108. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
This section defines “electric utility” for the chapter.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25108. “Electric utility” means any person engaged in, or authorized to engage in, generating, transmitting, or distributing electric power by any facilities, including, but not limited to, any such person who is subject to the regulation of the Public Utilities Commission. (Added by Stats. 1974, Ch. 276.) - 25109. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
“Energy” is defined as work or heat produced, or that may be produced, from any fuel or source.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25109. “Energy” means work or heat that is, or may be, produced from any fuel or source whatsoever. (Added by Stats. 1974, Ch. 276.) - 25110. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
This section defines “facility” as an electric transmission line, a thermal powerplant, or both, if regulated under this division.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25110. “Facility” means any electric transmission line or thermal powerplant, or both electric transmission line and thermal powerplant, regulated according to the provisions of this division. (Added by Stats. 1974, Ch. 276.) - 25111. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
This section defines “Account” to mean the Energy Resources Programs Account.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25111. “Account” means the Energy Resources Programs Account. (Amended by Stats. 1982, Ch. 1067, Sec. 1. Operative July 1, 1983, by Sec. 10 of Ch. 1067.) - 25112. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
This section defines “member” or “member of the commission” as a member of the State Energy Resources Conservation and Development Commission appointed under Section 25200.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25112. “Member” or “member of the commission” means a member of the State Energy Resources Conservation and Development Commission appointed pursuant to Section 25200. (Added by Stats. 1974, Ch. 276.) - 25113. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
“Notice” means a notice of intent that states an applicant’s intention to file an application for certification of a site and related facility.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25113. “Notice” means the notice of intent, as further defined in Chapter 6 (commencing with Section 25500), which shall state the intention of an applicant to file an application for certification of any site and related facility. (Added by Stats. 1974, Ch. 276.) - 25114. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
This section defines “interested party” as a person the commission finds and acknowledges to have a real and direct interest in a proceeding or action under this division.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25114. “Interested party” means any person whom the commission finds and acknowledges as having a real and direct interest in any proceeding or action carried on, under, or as a result of the operation of, this division. (Added by Stats. 1974, Ch. 276.) - 25115. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
“Equivalent certification program” is defined as a county-administered program approved by the commission that may substitute for certain site and related facility certification procedures.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25115. “Equivalent certification program” means a program, as further defined in Section 25540.5, administered by a county and approved by the commission, which may substitute for the site and related facility certification procedures established pursuant to this division. (Added by Stats. 1978, Ch. 1271.) - 25116. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
This section defines “person” broadly to include individuals, many business entities, certain public bodies, and the United States when federal law allows.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25116. “Person” means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. “Person” also includes any city, county, public district or agency, the state or any department or agency thereof, and the United States to the extent authorized by federal law. (Amended by Stats. 1994, Ch. 1010, Sec. 214. Effective January 1, 1995.) - 25117. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
“Plan” means the Emergency Load Curtailment and Energy Distribution Plan.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25117. “Plan” means the Emergency Load Curtailment and Energy Distribution Plan. (Added by Stats. 1974, Ch. 276.) - 25118. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
“Service area” means any contiguous geographic area serviced by the same electric utility.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25118. “Service area” means any contiguous geographic area serviced by the same electric utility. (Added by Stats. 1974, Ch. 276.) - 25119. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
“Site” means any location where a facility is built or proposed to be built.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25119. “Site” means any location on which a facility is constructed or is proposed to be constructed. (Added by Stats. 1974, Ch. 276.) - 25120. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
“Thermal powerplant” means a thermal-electric generating facility of at least 50 megawatts, including appurtenant facilities, but excluding wind, hydroelectric, and solar photovoltaic facilities.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25120. “Thermal powerplant” means any stationary or floating electrical generating facility using any source of thermal energy, with a generating capacity of 50 megawatts or more, and any facilities appurtenant thereto. Exploratory, development, and production wells, resource transmission lines, and other related facilities used in connection with a geothermal exploratory project or a geothermal field development project are not appurtenant facilities for the purposes of this division. “Thermal powerplant” does not include any wind, hydroelectric, or solar photovoltaic electrical generating facility. (Amended by Stats. 1988, Ch. 965, Sec. 1. Effective September 19, 1988.) - 25121. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
“Fuel” includes petroleum, crude oil, petroleum products, coal, natural gas, and other substances used primarily for their energy content.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25121. “Fuel” means petroleum, crude oil, petroleum product, coal, natural gas, or any other substance used primarily for its energy content. (Added by Stats. 1974, Ch. 276.) - 25122. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
This section defines “gas utility” as a person engaged in, or authorized to engage in, distributing or transporting natural gas.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25122. “Gas utility” means any person engaged in, or authorized to engage in, distributing or transporting natural gas, including, but not limited to, any such person who is subject to the regulation of the Public Utilities Commission. (Added by Stats. 1974, Ch. 276.) - 25123. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
This section defines when a change to equipment counts as a “modification of an existing facility.”
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25123. “Modification of an existing facility” means any alteration, replacement, or improvement of equipment that results in a 50-megawatt or more increase in the electric generating capacity of an existing thermal powerplant or an increase of 25 percent in the peak operating voltage or peak kilowatt capacity of an existing electric transmission line. (Added by Stats. 1974, Ch. 276.) - 25124. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
“Major oil producer” means a person who produces oil in an amount the commission determines has a major effect on energy supplies.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25124. “Major oil producer” means any person who produces oil in amount determined by the commission as having a major effect on energy supplies. (Added by Stats. 1974, Ch. 1195.) - 25125. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
A “major natural gas producer” is any person who produces natural gas in amounts the commission determines have a major effect on energy supplies.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25125. “Major natural gas producer” means any person who produces natural gas in amounts determined by the commission as having a major effect on energy supplies. (Added by Stats. 1974, Ch. 1195.) - 25126. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
“Major marketer” means a person who sells natural gas or oil in amounts the commission determines have a major effect on energy supplies.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25126. “Major marketer” means any person who sells natural gas or oil in amounts determined by the commission as having a major effect on energy supplies. (Added by Stats. 1974, Ch. 1195.) - 25127. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
“Refiner” means a person who owns, operates, or controls one or more refineries.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25127. “Refiner” means any person who owns, operates, or controls the operations of one or more refineries. (Added by Stats. 1974, Ch. 1195.) - 25128. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
“Refinery” means an industrial plant that processes crude oil feedstock and manufactures oil products, regardless of capacity.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25128. “Refinery” means any industrial plant, regardless of capacity, processing crude oil feedstock and manufacturing oil products. (Added by Stats. 1974, Ch. 1195.) - 25129. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
“Foreign” means any area outside the 50 states and the District of Columbia.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25129. “Foreign” means any area exclusive of the 50 states and the District of Columbia. (Added by Stats. 1974, Ch. 1195.) - 25130. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
“Nonresidential” building means a building that is heated or cooled inside and is not Type H, I, or J occupancy.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25130. “Nonresidential” building means any building which is heated or cooled in its interior, and is of an occupancy type other than Type H, I, or J, as defined in the Uniform Building Code, 1973 edition, as adopted by the International Conference of Building Officials. (Added by Stats. 1977, Ch. 846.) - 25131. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
This section defines “residential building” as certain listed building types, including hotels, motels, apartment houses, lodginghouses, single- and dwellings, and other residential buildings that are heated or mechanically cooled.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25131. “Residential building” means any hotel, motel, apartment house, lodginghouse, single- and dwelling, or other residential building which is heated or mechanically cooled. (Added by Stats. 1977, Ch. 846.) - 25132. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
“Load management” means a utility program or activity intended to deliberately reshape a utility’s load duration curve.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25132. “Load management” means any utility program or activity that is intended to reshape deliberately a utility’s load duration curve. (Added by Stats. 1976, Ch. 1375.) - 25133. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
This section defines “geothermal element” as a county general plan element describing geothermal development policies.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25133. “Geothermal element” means an element of a county general plan consisting of a statement of geothermal development policies, including a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals, including a discussion of environmental damages and identification of sensitive environmental areas, including unique wildlife habitat, scenic, residential, and recreational areas, adopted pursuant to Section 65303 of the Government Code. (Added by Stats. 1978, Ch. 1271.) - 25134. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
This section defines “cogeneration” and sets two output standards for cogeneration projects.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25134. “Cogeneration” means the sequential use of energy for the production of electrical and useful thermal energy. The sequence can be thermal use followed by power production or the reverse, subject to the following standards: (a) At least 5 percent of the cogeneration project’s total annual energy output shall be in the form of useful thermal energy. (b) Where useful thermal energy follows power production, the useful annual power output plus one-half the useful annual thermal energy output equals not less than 42.5 percent of any natural gas and oil energy input. (Amended by Stats. 1981, Ch. 952, Sec. 5.) - 25135. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
“Conversion” means turning residue into a more usable energy form.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25135. “Conversion” means the processes by which residue is converted to a more usable energy form, including, but not limited to, combustion, anaerobic digestion, and pyrolysis, and is used for heating, process heat applications, and electric power generation. (Amended by Stats. 2006, Ch. 538, Sec. 579. Effective January 1, 2007.) - 25136. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
This section defines “Residue” as organic matter left as residue.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25136. “Residue” means any organic matter left as residue, such as agricultural and forestry residue, including, but not limited to, conifer thinnings, dead and dying trees, commercial hardwood, noncommercial hardwoods and softwoods, chaparral, burn, mill, agricultural field, and industrial residues, and manure. (Added by Stats. 1979, Ch. 1123.) - 25140. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
This section defines “solar thermal powerplant” as a thermal powerplant that gets at least 75% of its total energy output from solar energy and uses backup fuels for no more than 25% of total energy input in any calendar year period.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25140. “Solar thermal powerplant” means a thermal powerplant in which 75 percent or more of the total energy output is from solar energy and the use of backup fuels, such as oil, natural gas, and coal, does not, in the aggregate, exceed 25 percent of the total energy input of the facility during any calendar year period. (Added by Stats. 1988, Ch. 965, Sec. 2. Effective September 19, 1988.) - 25141. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
“Unbranded” fuel means gasoline or diesel fuel sold for wholesale or retail distribution to consumers without proprietary additives or brand-name/trademark marketing tied to certain refiners.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25141. “Unbranded,” as applied to fuel, means gasoline and diesel fuel sold for wholesale or retail distribution to consumers without proprietary additives or marketing under a brand name or trademark owned or controlled by an independent refiner or an integrated refining and marketing company. (Added by Stats. 2000, Ch. 288, Sec. 2. Effective January 1, 2001.) - 25142. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. )
This section defines “destination facility” for oil-in-bulk handling and transportation.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 2. Definitions [25100 - 25142] ( Chapter 2 added by Stats. 1974, Ch. 276. ) ## 25142. “Destination facility” means any structure, group of structures, equipment, pipeline, or device, other than a vessel, that receives oil in bulk to or from a tank vessel, railroad car, or pipeline, that is used for producing, storing, handling, transferring, processing, or transporting oil in bulk. For purposes of this section, a destination facility does not include any railroad car, motor vehicle, or other rolling stock while transporting oil over the highways or rail lines of this state. (Added by Stats. 2019, Ch. 770, Sec. 7. (AB 936) Effective January 1, 2020.) - 25200. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
The Resources Agency contains the State Energy Resources Conservation and Development Commission, which has five members appointed by the Governor, subject to Section 25204.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25200. There is in the Resources Agency the State Energy Resources Conservation and Development Commission, consisting of five members appointed by the Governor subject to Section 25204. (Added by Stats. 1974, Ch. 276.) - 25201. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
The commission must include members with specified professional backgrounds and one member from the public at large.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25201. One member of the commission shall have a background in the field of engineering or physical science and have knowledge of energy supply or conversion systems; one member shall be an attorney and a member of the State Bar of California with administrative law experience; one member shall have background and experience in the field of environmental protection or the study of ecosystems; one member shall be an economist with background and experience in the field of natural resource management; and one member shall be from the public at large. (Added by Stats. 1974, Ch. 276.) - 25202. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
The Secretary of the Resources Agency and the President of the Public Utilities Commission must serve as ex officio, nonvoting members of the commission.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25202. The Secretary of the Resources Agency and the President of the Public Utilities Commission shall be ex officio, nonvoting members of the commission, whose presence shall not be counted for a quorum or for vote requirements. (Added by Stats. 1974, Ch. 276.) - 25203. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
Each commission member must represent the state as a whole, not a particular area, and must serve full-time.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25203. Each member of the commission shall represent the state at large and not any particular area thereof, and shall serve on a full-time basis. (Added by Stats. 1974, Ch. 276.) - 25204. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
The Governor must appoint the commission members within 30 days after this division becomes effective, and each appointment needs advice and consent from a majority of the elected Senate.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25204. The Governor shall appoint the members of the commission within 30 days after the effective date of this division. Every appointment made by the Governor to the commission shall be subject to the advice and consent of a majority of the members elected to the Senate. (Added by Stats. 1974, Ch. 276.) - 25205. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
Commission members and employees face conflict-of-interest and outside-employment limits, and violations can be punished as a felony with fines or imprisonment.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25205. (a) No person shall be a member of the commission who, during the two years prior to appointment on the commission, received any substantial portion of his or her income directly or indirectly from any electric utility, or who engages in sale or manufacture of any major component of any facility. A member of the commission shall not be employed by any electric utility, applicant, or, within two years after he or she ceases to be a member of the commission, by any person who engages in the sale or manufacture of any major component of any facility. (b) Except as provided in Section 25202, the members of the commission shall not hold any other elected or appointed public office or position. (c) The members of the commission and all employees of the commission shall comply with all applicable provisions of Section 19251 of the Government Code. (d) A person who is a member or employee of the commission shall not participate personally and substantially as a member or employee of the commission, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in a judicial or other proceeding, hearing, application, request for a ruling, or other determination, contract, claim, controversy, study, plan, or other particular matter in which, to his or her knowledge, he or she, his or her spouse, minor child, or partner, or any organization, except a governmental agency or educational or research institution qualifying as a nonprofit organization under state or federal income tax law, in which he or she is serving, or has served as officer, director, trustee, partner, or employee while serving as a member or employee of the commission or within two years prior to his or her appointment as a member of the commission, has a direct or indirect financial interest. (e) A person who is a partner, employer, or employee of a member or employee of the commission shall not act as an attorney, agent, or employee for any person other than the state in connection with any judicial or other proceeding, hearing, application, request for a ruling, or other determination, contract, claim, controversy, study, plan, or other particular matter in which the commission is a party or has a direct and substantial interest. (f) The provisions of this section shall not apply if the Attorney General finds that the interest of the member or employee of the commission is not so substantial as to be deemed likely to affect the integrity of the services which the state may expect from the member or employee. (g) Any person who violates any provision of this section is guilty of a felony and shall be subject to a fine of not more than ten thousand dollars ($10,000) or imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or both that fine and imprisonment. (h) The amendment of subdivision (d) of this section enacted by the 1975–76 Regular Session of the Legislature does not constitute a change in, but is declaratory of, existing law. (Amended by Stats. 2011, Ch. 15, Sec. 559. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.) - 25206. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
Commission members serve five-year terms; the first appointees must draw lots to stagger those terms, the Governor must fill vacancies within 30 days, and if the Governor does not act the Senate Rules Committee may appoint.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25206. The terms of office of the members of the commission shall be for five years, except that the members first appointed to the commission shall classify themselves by lot so that the term of office of one member shall expire at the end of each one of the five years following the effective date of this division. Any vacancy shall be filled by the Governor within 30 days of the date on which a vacancy occurs for the unexpired portion of the term in which it occurs or for any new term of office. If the Governor fails to make an appointment for any vacancy within such 30-day period, the Senate Rules Committee may make the appointment to fill the vacancy for the unexpired portion of the term in which the vacancy occurred or for any new term of office, subject to the provisions of Section 25204. (Added by Stats. 1974, Ch. 276.) - 25207. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
Commission members must be paid the salary set by the Government Code and reimbursed for necessary travel and other expenses; they and commission employees may travel when necessary.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25207. (a) The members of the commission shall receive the salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. (b) Each member of the commission shall receive the necessary traveling and other expenses incurred in the performance of their official duties. When necessary, the members of the commission and its employees may travel within or outside the state. (Amended by Stats. 2024, Ch. 353, Sec. 3. (AB 1533) Effective January 1, 2025.) - 25208. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
The commission must submit specified reports on the School Energy Efficiency Stimulus Program to legislative committees on a recurring schedule through March 1, 2027.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25208. (a) By March 1, 2022, and by each March 1 thereafter, until March 1, 2027, the commission shall submit a report to the relevant policy committees of the Legislature and the Joint Legislative Budget Committee describing programmatic activities and spending pursuant to the School Energy Efficiency Stimulus Program. (b) The report shall include both of the following: (1) A description of any changes to guidelines and budget. (2) A summary of past spending, activities funded, and expected changes in funding and activities for the next year. (c) As part of the report, the commission may include information that is already provided in reports submitted to and approved by the Public Utilities Commission, as applicable. (d) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2032. (Added by Stats. 2021, Ch. 77, Sec. 27. (AB 137) Effective July 16, 2021. Repealed as of January 1, 2032, by its own provisions.) - 25209. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
Each commission member has one vote, and commission business needs at least three affirmative votes unless Section 25211 applies.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25209. Each member of the commission shall have one vote. Except as provided in Section 25211, the affirmative votes of at least three members shall be required for the transaction of any business of the commission. (Added by Stats. 1974, Ch. 276.) - 25210. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
The commission may hold hearings and conduct investigations anywhere in the state when needed to carry out its statutory powers and duties.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25210. The commission may hold any hearings and conduct any investigations in any part of the state necessary to carry out its powers and duties prescribed by this division and, for those purposes, has the same powers as are conferred upon heads of departments of the state by Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1981, Ch. 714, Sec. 372.) - 25211. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
The commission may appoint a committee of at least two commissioners to handle investigations, inquiries, or hearings. At least one committee member must attend certain public hearings, unless all حاضر parties agree the committee can let a hearing officer keep taking evidence during a temporary absence.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25211. The commission may appoint a committee of not less than two members of the commission to carry on investigations, inquiries, or hearings which the commission has power to undertake or to hold. At least one member of the committee shall attend all public hearings or other proceedings held pursuant to Chapter 6 (commencing with Section 25500), and all public hearings in biennial report proceedings and rulemaking proceedings, except that, upon agreement of all parties to a proceeding who are present at the hearing or proceeding, the committee may authorize a hearing officer to continue to take evidence in the temporary absence of a commission member. Every order made by the committee pursuant to the inquiry, investigation, or hearing, when approved or confirmed by the commission and ordered filed in its office, shall be the order of the commission. (Amended by Stats. 1986, Ch. 993, Sec. 1.) - 25212. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
Every two years, the Governor must designate a chair and vice chair of the commission from among its members.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25212. Every two years the Governor shall designate a chair and vice chair of the commission from among its members. (Amended by Stats. 2010, Ch. 213, Sec. 18. (AB 2768) Effective January 1, 2011.) - 25213. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
The commission must adopt necessary rules and regulations to carry out this division, and it must provide copies of proposed regulations and supporting summaries on request.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25213. The commission shall adopt rules and regulations, as necessary, to carry out this division in conformity with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The commission shall make available to a person upon request copies of proposed regulations, together with summaries of reasons supporting their adoption. (Amended by Stats. 2024, Ch. 353, Sec. 4. (AB 1533) Effective January 1, 2025.) - 25214. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
The commission must keep its headquarters in Sacramento, hold public meetings and hearings, allow people to be heard, and hold its first meeting within 30 days after the last member is confirmed. The Governor designates the time and place for that first meeting, and the commission may open branch offices elsewhere in the state.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25214. The commission shall maintain its headquarters in the County of Sacramento and may establish branch offices in such parts of the state as the commission deems necessary. The commission shall hold meetings at such times and at such places as shall be determined by it. All meetings and hearings of the commission shall be open to the public, and opportunity to be heard with respect to the subject of the hearings shall be afforded to any person. Upon request, an interested party may be granted reasonable opportunity to examine any witness testifying at the hearing. The first meeting of the commission shall be held within 30 days after the confirmation of the last member of the commission pursuant to Section 25204. The Governor shall designate the time and place for the first meeting of the commission. (Amended by Stats. 1975, Ch. 62.) - 25215. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
The Legislature may remove a commission member from office by concurrent resolution adopted by a majority vote in each house, for dereliction of duty, corruption, or incompetency.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25215. Any member of the commission may be removed from office by the Legislature, by concurrent resolution adopted by a majority vote of all members elected to each house, for dereliction of duty or corruption or incompetency. (Added by Stats. 1974, Ch. 276.) - 25216. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
The commission must assess energy trends, gather and analyze energy forecasts, specify statewide energy demand, carry out conservation measures, and conduct energy-related research.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25216. In addition to other duties specified in this division, the commission shall do all of the following: (a) Undertake a continuing assessment of trends in the consumption of electrical energy and other forms of energy and analyze the social, economic, and environmental consequences of these trends; carry out directly, or cause to be carried out, energy conservation measures specified in Chapter 5 (commencing with Section 25400) of this division; and recommend to the Governor and the Legislature new and expanded energy conservation measures as required to meet the objectives of this division. (b) Collect from electric utilities, gas utilities, and fuel producers and wholesalers and other sources forecasts of future supplies and consumption of all forms of energy, including electricity, and of future energy or fuel production and transporting facilities to be constructed; independently analyze such forecasts in relation to statewide estimates of population, economic, and other growth factors and in terms of the availability of energy resources, costs to consumers, and other factors; and formally specify statewide and service area electrical energy demands to be utilized as a basis for planning the siting and design of electric power generating and related facilities. (c) Carry out, or cause to be carried out, under contract or other arrangements, research and development into alternative sources of energy, improvements in energy generation, transmission, and siting, fuel substitution, and other topics related to energy supply, demand, public safety, ecology, and conservation which are of particular statewide importance. (Added by Stats. 1974, Ch. 276.) - 25216.3. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
The commission must compile and adopt facility standards, and monitor compliance; local and other state agencies must tell the commission about relevant changes in their standards, ordinances, or laws.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25216.3. (a) The commission shall compile relevant local, regional, state, and federal land use, public safety, environmental, and other standards to be met in designing, siting, and operating facilities in this state; except as provided in subdivision (d) of Section 25402, adopt standards, except for air and water quality, to be met in designing or operating facilities to safeguard public health and safety, which may be different from or more stringent than those adopted by local, regional, or other state agencies, or by any federal agency if permitted by federal law; and monitor compliance and ensure that all facilities are operated in accordance with this division. (b) The local, regional, and other state agencies shall advise the commission as to any change in its standards, ordinances, or laws which are pertinent and relevant to the objective of carrying out the provisions of this division. (Added by Stats. 1974, Ch. 276.) - 25216.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
The commission must handle facility applications, plan for energy shortages or threats, review rate policies, maintain an energy information repository, and may charge a reasonable fee for information retrieval and dissemination.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25216.5. The commission shall do all of the following: (a) Prescribe the form and content of applications for facilities; conduct public hearings and take other actions to secure adequate evaluation of applications; and formally act to approve or disapprove applications, including specifying conditions under which approval and continuing operation of any facility shall be permitted. (b) Prepare an integrated plan specifying actions to be taken in the event of an impending serious shortage of energy, or a clear threat to public health, safety, or welfare. (c) Evaluate policies governing the establishment of rates for electric power and other sources of energy as related to energy conservation, environmental protection, and other goals and policies established in this division, and transmit recommendations for changes in power-pricing policies and rate schedules to the Governor, the Legislature, to the Public Utilities Commission, and to publicly owned electric utilities. (d) Serve as a central repository within the state government for the collection, storage, retrieval, and dissemination of data and information on all forms of energy supply, demand, conservation, public safety, research, and related subjects. The data and information shall be derived from all sources, including, but not be limited to, electric and gas utilities, oil and other energy producing companies, institutions of higher education, private industry, public and private research laboratories, private individuals, and from any other source that the commission determines is necessary to carry out its objectives under this division. The commission may charge and collect a reasonable fee for retrieving and disseminating any such information to cover the cost of such a service. Any funds received by the commission pursuant to this subdivision shall be deposited in the account and are continuously appropriated for expenditure, by the commission, for purposes of retrieving and disseminating any such information pursuant to this section. (Amended by Stats. 1975, Ch. 612.) - 25216.8. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
The commission must issue a written report to the Joint Legislative Budget Committee by January 31, 2023.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25216.8. (a) On or before January 31, 2023, the commission, in consultation with the Public Utilities Commission, the Department of Water Resources, and California balancing authorities, including, but not limited to, the Independent System Operator, shall issue a written report to the Joint Legislative Budget Committee addressing all of the following: (1) An evaluation of how the state, load-serving entities, as defined in Section 380 of the Public Utilities Code, local publicly owned electric utilities, as defined in Section 224.3 of the Public Utilities Code, and California balancing authorities managed summer reliability during 2022. (2) The magnitude of projected reliability problems in 2023 to 2026, inclusive. (3) Potential solutions to addressing reliability concerns. In doing so, the commission shall evaluate options that rely on state budget actions, statutory changes, and using existing resource adequacy, integrated resource planning, and other reliability processes at the Public Utilities Commission and the Independent System Operator to ensure reliability. (b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2027. (Added by Stats. 2022, Ch. 61, Sec. 2. (AB 205) Effective June 30, 2022. Repealed as of January 1, 2027, by its own provisions.) - 25217. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
The commission must appoint an executive director, hire needed staff, and employ legal counsel.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25217. The commission shall do all of the following: (a) Appoint an executive director with administration and fiscal experience, who shall serve at its pleasure and whose duties and salary shall be prescribed by the commission. (b) Employ and prescribe the duties of other staff members as necessary to carry out the provisions of this division. Staff members of the commission may participate in all matters before the commission to the limits prescribed by the commission. (c) Employ legal counsel who shall advise the commission and represent it in connection with legal matters and litigation before any boards and agencies of the state or federal government. (Amended by Stats. 1975, Ch. 1155.) - 25217.1. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
The commission must nominate, and the Governor must appoint, a public advisor for a three-year term. The advisor must be an attorney admitted to practice law in this state and must perform duties under Section 25222 and other duties assigned by the division or the commission. Removal is allowed only with the joint concurrence of four commissioners and the Governor.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25217.1. The commission shall nominate and the Governor shall appoint for a term of three years a public advisor to the commission who shall be an attorney admitted to the practice of law in this state and who shall carry out Section 25222 and other duties prescribed by this division or by the commission. The public advisor may be removed from office only upon the joint concurrence of four commissioners and the Governor. (Amended by Stats. 2024, Ch. 353, Sec. 5. (AB 1533) Effective January 1, 2025.) - 25217.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
The chair of the commission must direct the public advisor, executive director, and other staff when they perform their duties, and must do so in line with commission policies and guidelines.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25217.5. The chair of the commission shall direct the public advisor, the executive director, and other staff in the performance of their duties in conformance with the policies and guidelines established by the commission. (Amended by Stats. 2024, Ch. 353, Sec. 6. (AB 1533) Effective January 1, 2025.) - 25218. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
The commission may apply for and accept grants, contract for professional services when needed, sue and be sued, seek advice and services from agencies, and adopt rules or take actions it considers reasonable and necessary.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25218. In addition to other powers specified in this division, the commission may do any of the following: (a) Apply for and accept grants, contributions, and appropriations, and award grants consistent with the goals and objectives of a program or activity the commission is authorized to implement or administer. (b) Contract for professional services if the work or services cannot be satisfactorily performed by its employees or by any other state agency. (c) Be sued and sue. (d) Request and utilize the advice and services of all federal, state, local, and regional agencies. (e) Adopt any rule or regulation, or take any action, it deems reasonable and necessary to carry out this division. (f) Adopt rules and regulations, or take any action, it deems reasonable and necessary to ensure the free and open participation of any member of the staff in proceedings before the commission. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 11, Sec. 10. Effective July 28, 2009.) - 25218.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
The commission’s powers and duties are to be interpreted broadly to help carry out this division’s objectives.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25218.5. The provisions specifying any power or duty of the commission shall be liberally construed, in order to carry out the objectives of this division. (Added by Stats. 1974, Ch. 276.) - 25219. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
The commission may represent interests and cooperate with federal government entities on matters within its powers and duties.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25219. As to any matter involving the federal government, its departments or agencies, which is within the scope of the power and duties of the commission, the commission may represent its interest or the interest of any county, city, state agency, or public district upon its request, and to that end may correspond, confer, and cooperate with the federal government, its departments or agencies. (Added by Stats. 1974, Ch. 276.) - 25220. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
The commission may, at its discretion, join certain federal or state agency proceedings about proposed facilities and ask for notice and copies of later-filed applications and pleadings.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25220. The commission may participate as a party, to the extent that it shall determine, in any proceeding before any federal or state agency having authority whatsoever to approve or disapprove any aspect of a proposed facility, receive notice from any applicant of all applications and pleadings filed subsequently by such applicants in any of such proceedings, and, by its request, receive copies of any of such subsequently filed applications and pleadings that it shall deem necessary. (Added by Stats. 1974, Ch. 276.) - 25221. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
On request of the commission, the Attorney General must represent the commission and the state in litigation about the commission’s affairs, unless the Attorney General is already representing another state agency.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25221. Upon request of the commission, the Attorney General shall represent the commission and the state in litigation concerning affairs of the commission, unless the Attorney General represents another state agency, in which case the commission shall be authorized to employ other counsel. (Added by Stats. 1974, Ch. 276.) - 25222. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
The public advisor must help secure public participation, give timely notice of commission meetings and hearings, advise interested groups and the public, and recommend additional measures to support open participation.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25222. The public advisor shall ensure that full and adequate participation by all interested groups and the public at large is secured in the planning, site and facility certification, energy conservation, and emergency allocation procedures provided in this division. The public advisor shall ensure that timely and complete notice of commission meetings and public hearings is disseminated to all interested groups and to the public at large. The public advisor shall also advise interested groups and the public as to effective ways of participating in the commission’s proceedings. The public advisor shall recommend to the commission additional measures to ensure open consideration and public participation in energy planning, site and facility certification, energy conservation, and emergency allocation proceedings. (Amended by Stats. 2024, Ch. 353, Sec. 7. (AB 1533) Effective January 1, 2025.) - 25223. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
The commission must disclose information filed or submitted under this division, but must keep proprietary oil-and-gas information confidential.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25223. The commission shall make available any information filed or submitted pursuant to this division under the provisions of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code); provided, however, that the commission shall keep confidential any information submitted to the Division of Oil and Gas of the Department of Conservation that the division determines, pursuant to Section 3752, to be proprietary. (Amended by Stats. 2021, Ch. 615, Sec. 383. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) - 25224. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
The commission and other state agencies must exchange energy-related records and information as fully as possible. The commission may also take official notice of certain Public Utilities Commission materials, if parties are given a reasonable chance to challenge them.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25224. (a) The commission and other state agencies shall, to the fullest extent possible, exchange records, reports, material, and other information relating to energy resources and conservation and power facilities siting, or any areas of mutual concern, to the end that unnecessary duplication of effort may be avoided. (b) The commission may take official notice in a proceeding of any document, record, report, material, fact, or other information submitted to, or resulting from, a proceeding of the Public Utilities Commission if all parties to the proceeding in which official notice is being taken are given a reasonable opportunity, upon request, to refute the officially noticed matters, by evidence, or by written or oral presentation of authority, in a manner determined appropriate by the commission. (Amended by Stats. 2024, Ch. 353, Sec. 8. (AB 1533) Effective January 1, 2025.) - 25225. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
Before spending money on vehicle- or vehicle-fuel-related research, development, or demonstration projects, the commission must prepare a plan and confirm the project does not duplicate other publicly funded California programs. It must also publish a public report within 120 days after a funded project ends.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25225. (a) Prior to expending any funds for any research, development, or demonstration program or project relating to vehicles or vehicle fuels, the commission shall do both of the following, using existing resources: (1) Adopt a plan describing any proposed expenditure that sets forth the expected costs and qualitative as well as quantitative benefits of the proposed program or project. (2) Find that the proposed program or project will not duplicate any other past or present publicly funded California program or project. This paragraph is not intended to prevent funding for programs or projects jointly funded with another public agency where there is no duplication. (b) Within 120 days from the date of the conclusion of a program or project subject to subdivision (a) that is funded by the commission, the commission shall issue a public report that sets forth the actual costs of the program or project, the results achieved and how they compare with expected costs and benefits determined pursuant to paragraph (1) of subdivision (a), and any problems that were encountered by the program or project. (c) (1) This section does not apply to any funds appropriated for research, development, or demonstration pursuant to a statute that expressly specifies both of the following: (A) A vehicle technology or vehicle fuel which is the subject of the research, development, or demonstration. (B) The purpose of, or anticipated products of, the research, development, or demonstration. (2) This section does not apply to the Katz Safe Schoolbus Clean Fuel Efficiency Demonstration Program (Part 10.7 (commencing with Section 17910) of Division 1 of Title 1 of the Education Code). (Added by Stats. 1995, Ch. 609, Sec. 4. Effective January 1, 1996.) - 25226. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
The account is continued in the General Fund and must be administered by the commission; the Controller must deposit specified money into it.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25226. (a) The Energy Technologies Research, Development, and Demonstration Account established under former Section 25683 is hereby continued in existence, in the General Fund, to be administered by the commission for the purpose of carrying out Chapter 7.3 (commencing with Section 25630) and Chapter 7.5 (commencing with Section 25650). (b) The Controller shall deposit in the account all money appropriated to the account by the Legislature, plus accumulated interest on that money, and money from loan repayments, interest, and royalties pursuant to Sections 25630 and 25650, for use by the commission, upon appropriation by the Legislature, for the purposes specified in Chapter 7.3 (commencing with Section 25630) and Chapter 7.5 (commencing with Section 25650). (Added by Stats. 2004, Ch. 227, Sec. 92. Effective August 16, 2004.) - 25229. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
The commission must prepare and keep updating a statewide assessment of electric vehicle charging infrastructure.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25229. (a) The commission, working with the State Air Resources Board and the Public Utilities Commission, shall prepare a statewide assessment of the electric vehicle charging infrastructure needed to support the levels of electric vehicle adoption required for the state to meet its goals of putting at least five million zero-emission vehicles on California roads by 2030, and of reducing emissions of greenhouse gases to 40 percent below 1990 levels by 2030. (b) The assessment shall expand on the commission’s electric vehicle infrastructure projections to consider all necessary charging infrastructure, including, but not limited to, the chargers, make-ready electrical equipment, and supporting hardware and software, all vehicle categories, road, highway, and offroad electrification, port and airport electrification, and other programs to accelerate the adoption of electric vehicles to meet the goals described in subdivision (a). The assessment shall examine existing and future infrastructure needs throughout California, including in low-income communities. (c) As a part of the assessment, the commission, in consultation with stakeholders, shall identify workforce development and training resources needed to meet the goals described in subdivision (a). These resources shall include, but are not limited to, qualified apprenticeships, on-the-job training programs, and other training opportunities that build career pipelines in the zero-emission transportation sector and provide long-term employment in disadvantaged communities. (d) The commission shall regularly seek data and input relating to electric vehicle charging infrastructure from stakeholders, including, but not limited to, the Public Utilities Commission, the State Air Resources Board, electrical corporations, local publicly owned electric utilities, state and local transportation and transit agencies, charging infrastructure companies, environmental groups, and automobile manufacturers. (e) The commission shall update the assessment at least once every two years. (Amended by Stats. 2021, Ch. 732, Sec. 2. (SB 589) Effective January 1, 2022.) - 25230. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
The commission must run an outreach program about workshops, trainings, and funding opportunities, and it must include tracking diversity and encouraging participation by certified diverse business enterprises.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25230. (a) For purposes of this section, the following terms have the following meanings: (1) “Certified” means a business enterprise that is certified by the Public Utilities Commission, the Department of General Services, or other nonprofit organizations that verify or certify women, minority, disabled veteran, and LGBT business enterprises. (2) “Control” means exercising the power to make policy decisions. (3) “Disabled veteran business enterprise” has the same meaning as defined in Section 999 of the Military and Veterans Code. (4) “LGBT business enterprise” means a business enterprise that is at least 51 percent owned by a lesbian, gay, bisexual, or transgender person or persons, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more lesbian, gay, bisexual, or transgender persons, and whose management and daily business operations are controlled by one or more of those individuals. (5) “Minority business enterprise” means a business enterprise that is at least 51 percent owned by a minority group or groups, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more minority groups, and whose management and daily business operations are controlled by one or more of those individuals. The contracting utility shall presume that minority includes African Americans, Hispanic Americans, Native Americans, and Asian Pacific Americans. (6) To “operate” means to be actively involved in the day-to-day management. It is not enough to merely be an officer or director. (7) “Women business enterprise” means a business enterprise that is at least 51 percent owned by a woman or women, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women, and whose management and daily business operations are controlled by one or more of those individuals. (b) (1) The commission shall develop and implement an outreach program to inform the most qualified loan and grant applicants, and contractors, including, but not limited to, women, minority, disabled veteran, and LGBT business enterprises, about workshops, trainings, and funding opportunities. The purpose of the program is to ensure that the commission recognizes the demographic shifts of the California marketplace and is nurturing the new and next generation of energy technology leaders. (2) One component of the outreach program shall be a process for tracking the diversity of contractors, loan recipients, and grant recipients. The commission may rely on existing sources for locating information on certified women, minority, disabled veteran, and LGBT business, which may include, but is not limited to, the clearinghouse database maintained by the Public Utilities Commission, the list of Disabled Veteran Business Enterprises certified by the Procurement Division of the Department of General Services, as well as information on other nonprofit organizations that verify or certify women, minority, and LGBT business enterprises. (3) The outreach program shall include a strategy to encourage the participation of certified women, minority, disabled veteran, and LGBT business enterprises in the commission’s relevant programs and shall consider including them in capacity building activities. (c) The commission may consider establishing a Diversity Task Force to consider and make recommendations about diversity in the energy industry, including diversity of corporate governing boards and procurement from diverse businesses, and addressing and promoting local and targeted hiring. (Added by Stats. 2015, Ch. 583, Sec. 1. (AB 865) Effective January 1, 2016.) - 25231. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
The commission must assess whether charging station infrastructure is unevenly deployed, and if it finds that it is, it must use authorized fund moneys and other mechanisms to help deploy new stations more evenly unless it finds the uneven deployment is reasonable and supports state energy or environmental policy.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25231. (a) The commission, in consultation with the State Air Resources Board, shall, as part of the development of the plan prepared pursuant to Section 44272.5 of the Health and Safety Code, assess whether charging station infrastructure is disproportionately deployed by population density, geographical area, or population income level, including low-, middle-, and high-income levels. This includes whether direct current fast charging stations are disproportionately distributed and whether access to these charging stations is disproportionately available. Upon making a finding that charging station infrastructure has been disproportionately deployed, the commission shall use moneys from the Alternative and Renewable Fuel and Vehicle Technology Fund, to the extent authorized by law, as well as other mechanisms, including incentives, to more proportionately deploy new charging station infrastructure, unless the commission makes a finding that the disproportionate deployment is reasonable and furthers state energy or environmental policy as articulated by the commission. (b) For purposes of this section, “charging station” means the removable equipment that provides alternating or direct current to the battery electric vehicle or plug-in hybrid electric vehicle, but does not include the supporting charging infrastructure, such as wiring, conduit, and electric panels. (Added by Stats. 2018, Ch. 368, Sec. 3. (SB 1000) Effective January 1, 2019.) - 25231.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
The commission must create uptime recordkeeping and reporting standards for electric vehicle chargers and charging stations, with consulting, disclosure, assessment, and customer-notice requirements.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25231.5. (a) (1) The commission, in consultation with the Public Utilities Commission, shall develop uptime recordkeeping and reporting standards for electric vehicle chargers and charging stations by January 1, 2024. (2) The uptime recordkeeping and reporting standards shall do all of the following: (A) Only apply to electric vehicle chargers and charging stations that received an incentive from a state agency or through a charge on ratepayers. (B) Apply for a minimum of six years unless the commission decides a longer time span is more appropriate. (C) Apply to electric vehicle chargers and charging stations installed on or after January 1, 2024. (3) (A) The commission shall define “uptime” through a public workshop process and apply it to each electric vehicle charger and charging station and create a formula to calculate uptime to provide consistent, standardized reporting of information at least annually. (B) When defining “uptime,” the commission shall do both of the following: (i) Include the operability of both software and hardware. (ii) Consider federal definitions to ensure consistency between standards. (C) The commission shall determine what events that make a charging station inoperable constitute excluded time for purposes of developing the formula. In making this determination, the commission and Public Utilities Commission shall only consider events that are outside a charging station operator’s control. This may include issues related to the electrical grid, WiFi connectivity, cellular connectivity, and vandalism, as defined by the commission through a public workshop process. (b) (1) The commission may consider additional reliability metrics, including, but not limited to, success rate to initiate a charging session, customer satisfaction, and the number, nature, or length of events that interrupt service. (2) The commission, in consultation with the Public Utilities Commission, shall hold a public workshop to discuss and identify industry best practices and charger technology capabilities that are demonstrated to increase reliability. As a result of this workshop, the commission may incorporate these best practices and capabilities into its uptime recordkeeping and reporting standards. (3) Uptime recordkeeping and reporting standards may vary by technology type, power levels, number of chargers per site, and site ownership. Factors may include whether chargers are networked, whether chargers are Level 1, Level 2, or direct current fast chargers, and whether chargers are all-inclusive mobile solar charging stations. (4) Uptime recordkeeping and reporting standards shall not apply to charging stations installed at residential real property containing four or fewer dwelling units. (5) The funding entity shall clearly disclose these reporting requirements to the funding recipient. If the funding recipient is an electric vehicle service provider or other third-party entity that is not the site host, the electric vehicle service provider or third-party entity shall provide a separate disclosure to the site host about the site host’s right to designate the service provider or third-party as the entity to report the data on behalf of the site host. The funding recipient shall verify receipt by signing the disclosure, to be confirmed by the funding entity. (c) (1) Beginning January 1, 2025, the commission shall assess the uptime of charging station infrastructure, including, at a minimum, an assessment of equitable access to reliable charging stations in low-, moderate-, and high-income communities. (2) The commission shall update the assessment performed pursuant to this subdivision every two years. (3) An individual or company supplying information or data to the commission pursuant to this section may request that the information or data be held in confidence by the commission pursuant to Section 25322. (d) (1) The commission, in consultation with the Public Utilities Commission, shall adopt tools to increase charging station uptime, including, but not limited to, uptime requirements, operation and maintenance requirements, and may include incentives, including operation and maintenance incentives. (2) By January 1, 2025, the commission shall set standards for how stations subject to this section shall notify customers about the availability and accessibility of publicly available charging infrastructure. (e) This section does not prohibit or limit the commission’s or other state agencies’ ability under any other law, including, but not limited to, the authority to include reporting or reliability requirements as a condition of grants or other agreements or to adopt other charging station reporting standards. (f) Nothing in this section shall be construed to grant the commission an exemption from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (g) This section shall remain in effect only until January 1, 2035, and as of that date is repealed. (Amended by Stats. 2024, Ch. 80, Sec. 114. (SB 1525) Effective January 1, 2025. Repealed as of January 1, 2035, by its own provisions.) - 25232. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
This section creates the Blue Ribbon Commission on Lithium Extraction in California, sets its membership and chair-selection process, and requires it to study lithium extraction issues and report findings and recommendations to the Legislature.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25232. (a) For purposes of this section, the following terms have the following meanings: (1) “Blue Ribbon Commission” means the Blue Ribbon Commission on Lithium Extraction in California established pursuant to this section. (2) “Commission” means the State Energy Resources Conservation and Development Commission. (b) On or before March 1, 2021, using existing budgetary resources, the State Energy Resources Conservation and Development Commission shall establish, within the commission, and convene the Blue Ribbon Commission on Lithium Extraction in California. The Blue Ribbon Commission shall be composed of the following 14 members: (1) A member appointed by the commission. (2) A member of the Public Utilities Commission, appointed by the Public Utilities Commission. (3) A member appointed by the Secretary of the Natural Resources Agency. (4) A member, appointed by the commission, who represents the lithium extraction industry. (5) A member appointed by the Speaker of the Assembly. (6) A member appointed by the Senate Committee on Rules. (7) A member, appointed by the commission, who represents a national vehicle manufacturer organization. (8) A member, appointed by the commission, who represents a local environmental organization. (9) A member, appointed by the commission, who represents a local city or county government in the Salton Sea geothermal resource area. (10) A member, appointed by the commission, who represents a local public electric utility. (11) A member, appointed by the commission, from a local community group that represents disadvantaged and low-income communities in the Salton Sea geothermal resource area. (12) A member, appointed by the commission, who represents a local tribal community. (13) A member, appointed by the commission, with knowledge of economics and the effectiveness of local, state, and federal incentives. (14) A member appointed by the Governor. (c) The chair of the Blue Ribbon Commission shall be selected by the members of the Blue Ribbon Commission. (d) The Blue Ribbon Commission shall review, investigate, and analyze the following issues relating to lithium extraction and use in California: (1) Actions that will support the further development of geothermal power that have the potential to provide the cobenefit of lithium recovery from existing and new geothermal facilities. (2) Market opportunities for lithium. (3) The potential benefits of, and added value to, existing and new geothermal facilities in areas that contain mineral-rich brines for the state, the western energy grid, and the United States, including, but not limited to, grid stability, reliability, and resiliency. (4) Methods of overcoming technical and economic challenges currently limiting lithium extraction, processing, and production from geothermal brines. (5) Safe environmental methods and standards for lithium extraction from geothermal brines and how this compares to other methods for deriving lithium. (6) Potential economic and environmental impacts to the state resulting from extraction, processing, and production of lithium and lithium-dependent products from geothermal brines. (7) The importance of, and opportunities for, the application of local, state, and federal incentives and investments to facilitate lithium extraction from geothermal brines, including, but not limited to, the following: (A) Use of enhanced infrastructure financing districts, as defined in Section 53398.51 of the Government Code, or community revitalization investment authorities, as defined in Section 62001 of the Government Code. (B) New employment tax credits in former enterprise zones. (C) Income or franchise tax credits under agreements approved by the California Competes Tax Credit Committee. (D) Sales tax exemptions for new manufacturing equipment. (E) Leveraging tax incentives in federally recognized opportunity zones. (8) Recommendations for legislative or regulatory changes that may be needed to encourage lithium extraction from geothermal brines, including whether the development of a centralized tracking system for lithium project permitting by state and local regulatory agencies would assist with development of the lithium industry. (e) In conducting the tasks described in subdivision (d), the Blue Ribbon Commission shall consult, when feasible, with the United States Environmental Protection Agency and the United States Department of Energy. (f) The Blue Ribbon Commission may take public input for recommendations on the issues in subdivision (d). (g) On or before October 1, 2022, the Blue Ribbon Commission shall submit a report to the Legislature documenting its findings and any recommendations developed after conducting the review and analyses required pursuant to subdivision (d). (1) The report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (2) The requirements of this subdivision shall remain operative only until October 1, 2023. (Added by Stats. 2020, Ch. 271, Sec. 2. (AB 1657) Effective January 1, 2021.) - 25233. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
The commission and the Public Utilities Commission must submit a joint Reliability Planning Assessment to the Legislature on a quarterly schedule, starting by December 15, 2022, and the assessment must include specified reliability, resource, and barrier information.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25233. (a) Notwithstanding Section 10231.5 of the Government Code, on or before December 15, 2022, and quarterly thereafter, the commission and the Public Utilities Commission shall submit a joint Reliability Planning Assessment to the Legislature in accordance with Section 9795 of the Government Code. (1) The assessment shall identify estimates for the electrical supply and demand balance, for the forward 5- and 10-year periods, under high-, medium-, and low-risk scenarios. The assessment shall identify loads and resources online and loads and resources expected by reliability year ending September 30. (2) The assessment shall focus on the Independent System Operator system, with an emphasis on the electrical demand, load, supply, or resource for load-serving entities subject to the Public Utilities Commission’s jurisdiction. The assessment shall break down loads and resources by type of load-serving entity by year by transmission access charge area. (3) The assessment shall include information about imports, by amount, source if known, and other relevant factors, and transmission capacity for imports by date and transmission access area or balancing authority. (4) The commission shall provide an estimate for the loads and resources for the entities that are not subject to the Public Utilities Commission’s jurisdiction that are part of the Independent System Operator system supply and demand balance. (5) The assessment shall include prospective information on existing and expected resources, including updates on the interconnection status for renewable projects and any delays in interconnection, and expected retirements for both system and local resources. This shall include updates based on actions taken directly by, or as a result of, the Tracking Energy Development Task Force. The assessment shall include an accompanying Gantt chart to track progress. (6) The assessment shall maintain confidentiality of market sensitive information. (7) The assessment shall rely upon the most recently available integrated energy policy report prepared pursuant to Section 25302 for the demand assessment. (8) The assessment shall report on any other significant delays or barriers affecting timely deployment of renewable energy and zero-carbon resources, including, but not limited to, supply chain disruptions, land use restrictions, and permitting processes. (9) The assessment shall make recommendations to the Legislature on actions needed to resolve any delays or barriers reported in the assessment. (10) The assessment shall report on any regulatory barriers and challenges to increasing deployment of other preferred resources, including energy efficiency and demand response programs. (b) The commission shall continue to report on California energy resources that serve load in California in the energy almanac. The commission shall expand the energy almanac report to include storage resources that serve wholesale load. The commission shall report on energy resources that serve load in the Independent Systems Operator system, which is a subset of its current reporting of all California resources, and may include energy resources located outside the state. (Added by Stats. 2022, Ch. 239, Sec. 2. (SB 846) Effective September 2, 2022.) - 25233.2. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
The commission must compare Diablo Canyon extension costs, publish its evaluations, reevaluate if loan limits are exceeded, make a reliability determination after a DOE funding application, publish annual assessment reports, and may contract for the analysis with procurement exemptions.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25233.2. (a) By September 30, 2023, the commission shall present a cost comparison of whether extended operations at the Diablo Canyon powerplant compared to a portfolio of other feasible resources available for calendar years 2024 to 2035, inclusive, is consistent with the greenhouse gases emissions reduction goals of Section 454.53 of the Public Utilities Code. As part of this comparison, the commission shall evaluate the alternative resource costs, and shall make all evaluations available to the public within the proceeding docket. (b) With respect to the Department of Water Resources loan to the operator of the Diablo Canyon powerplant, pursuant to Chapter 6.3 (commencing with Section 25548), if the costs of the extension of operations of the Diablo Canyon powerplant exceed limits provided for in the loan agreement at any time, the commission shall reevaluate the cost-effectiveness of prolonging the powerplant’s operations. (c) Within 180 days of the operator of the Diablo Canyon powerplant submitting an application with the United States Department of Energy to receive potential funding for extended operations of the Diablo Canyon powerplant, the commission, in consultation with the Independent System Operator and the Public Utilities Commission, shall make a determination in a public process, whether the state’s electricity forecasts for the calendar years 2024 to 2030, inclusive, show potential for reliability deficiencies if the Diablo Canyon powerplant operation is not extended beyond 2025, and whether extending operations of the Diablo Canyon powerplant to at least 2030 is prudent to ensure reliability in light of any potential for supply deficiency, and is consistent with the emissions reduction goals of Section 454.53 of the Public Utilities Code. The determination shall be approved by a vote of the commission at its business meeting. (d) On or before July 1, 2023, and on July 1 of each year thereafter until 2031, the commission, in coordination with the Public Utilities Commission and the Independent System Operator, shall publish on its internet website in a new report, or as part of another report, an assessment of the operation of the Diablo Canyon powerplant. The report shall include, but not be limited to, outage information, powerplant operational costs, average revenues from electricity sales, worker attrition, and the powerplant’s contribution to resource adequacy requirements. (e) The commission may enter into contracts to implement the analysis in subdivisions (a) and (c), and the contracts shall not require the review, consent, or approval of the Department of General Services or any other state department or agency and do not need to comply with requirements under the State Contracting Manual, the Public Contract Code, or the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code. (Added by Stats. 2022, Ch. 239, Sec. 3. (SB 846) Effective September 2, 2022.) - 25233.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
The commission must publish guidance and best practices on building electrification, energy storage, and EV charging, working with several state agencies.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25233.5. To help building owners to decarbonize buildings and add energy storage or electric vehicle charging capacity to buildings, the commission, in coordination with the Public Utilities Commission, the Department of Housing and Community Development, the California Building Standards Commission, and other relevant state agencies, shall gather or develop, and publish on the commission’s internet website, guidance and best practices to help building owners, the construction industry, and local governments overcome barriers to electrification of buildings and installation of electric vehicle charging equipment that include any of the following topics: (a) Availability of electrical equipment for replacement of the common fossil-fuel-powered equipment within buildings, including high-efficiency options that can minimize electrical service capacity requirements. (b) Approaches for energy budgeting to fit electrical replacements and vehicle-charging equipment within the existing electrical service capacity of the building whenever possible, including guidance on how to maximize the use of the nonconcurrent electrical load that is allowed under the California Electrical Code (Part 3 (commencing with Section 89.101.1) of Title 24 of the California Code of Regulations). (c) Technologies that allow the noncoincidental sharing of electrical circuits. (d) The development of whole building electrification plans to help building owners prepare for future additions of electrical equipment, even if only a portion of equipment will be replaced, or energy storage or vehicle charging added, during an initial project. The plan may include wiring changes and energy planning to reduce the need for rework and help correctly size distributed energy and energy storage systems to anticipated future needs, including anticipated future voluntary and mandatory vehicle charging standards in the California Building Standards Code. (e) Model permit applications, an eligibility checklist for expedited permitting, and a concise inspection list for the most common building electrification, energy storage, or vehicle charging installation projects that would be suitable for adoption by local governments seeking to streamline and standardize permitting and inspections. (Amended by Stats. 2022, Ch. 346, Sec. 3. (AB 2075) Effective January 1, 2023.) - 25235. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. )
The commission must identify and pursue financing or investment solutions, help eligible entities apply for them, and report needed statutory changes by December 31, 2023.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 3. State Energy Resources Conservation and Development Commission [25200 - 25235] ( Chapter 3 added by Stats. 1974, Ch. 276. ) ## 25235. (a) For purposes of this section, “financing or investment solutions” means financing or investment solutions that are consistent with the United States Environmental Protection Agency’s inclusive utility investments policies or other industry best practices, and that will enable electrical corporations, community choice aggregators, or other eligible entities to provide zero-emission, clean energy, or decarbonizing building upgrades. (b) (1) On or before December 31, 2023, the commission, in coordination with the Governor’s Office of Business and Economic Development, the Public Utilities Commission, and the Treasurer, shall do all of the following: (A) Identify available state and federal financing or investment solutions. (B) Apply for federal financing or investment solutions, where applicable. (C) Provide technical assistance to electrical corporations, community choice aggregators, or other eligible entities to apply for state and federal financing or investment solutions. (2) The commission may consult with the United States Department of Energy regarding the identification of federal financing or investment solutions, pursuant to paragraph (1). (3) To maximize the state’s access to federal financing or investment solutions, pursuant to paragraph (1), the commission may do any of the following: (A) Identify the authority of the Treasurer to administer financing or investment solutions, and to identify programs administered by the Treasurer that provide financing or investment solutions. (B) Identify funding appropriated in the Budget Act of 2022 that enables or otherwise impacts the availability of federal funding for financing or investment solutions. (C) Identify state programs, authorizations, and administrative actions that enable, or could enable, access to federal funding for financing or investment solutions, including, but not limited to, Public Utilities Commission Rulemaking 20-08-022 (Order Instituting Rulemaking to Investigate and Design Clean Energy Financing Options for Electricity and Natural Gas Customers), filed August 27, 2020. (c) On or before December 31, 2023, the commission shall prepare and submit a report to the relevant committees of the Legislature that describes any statutory changes necessary to improve access to federal funding for financing or investment solutions. (d) Notwithstanding Section 10231.5 of the Government Code, this section shall remain in effect only until January 1, 2028, and as of that date is repealed. (Added by Stats. 2022, Ch. 834, Sec. 1. (SB 1112) Effective January 1, 2023. Repealed as of January 1, 2028, by its own provisions.) - 25300. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. )
This section states legislative findings about the importance of reliable energy and the need for timely energy-market reporting and data collection.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. ) ## 25300. (a) The Legislature finds and declares that clean and reliable energy is essential to the health of the California economy and of vital importance to the health and welfare of the citizens of the state and to the environment. (b) The Legislature further finds and declares that government has an essential role to ensure that a reliable supply of energy is provided consistent with protection of public health and safety, promotion of the general welfare, maintenance of a sound economy, conservation of resources, and preservation of environmental quality. (c) The Legislature further finds and declares that the state government requires at all times a complete and thorough understanding of the operation of energy markets, including electricity, natural gas, petroleum, and alternative energy sources, to enable it to respond to possible shortages, price shocks, oversupplies, or other disruptions. (d) The Legislature further finds and declares that timely reporting, assessment, forecasting, and data collection activities are essential to serve the information and policy development needs of the Governor, the Legislature, public agencies, market participants, and the public. (e) The Legislature further finds and declares that one of the objectives of this act is to encourage cooperation among the various state agencies with energy responsibilities. (Repealed and added by Stats. 2002, Ch. 568, Sec. 2. Effective January 1, 2003.) - 25301. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. )
The commission must regularly assess energy supply, demand, and prices, use those assessments for policy development, protect customer information, and may require certain data from utilities and other market participants.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. ) ## 25301. (a) At least every two years, the commission shall conduct assessments and forecasts of all aspects of energy industry supply, production, transportation, delivery and distribution, demand, and prices. The commission shall use these assessments and forecasts to develop and evaluate energy policies and programs that conserve resources, protect the environment, ensure energy reliability, enhance the state’s economy, and protect public health and safety. To perform these assessments and forecasts, the commission may require the submission of demand forecasts, resource plans, market assessments, related outlooks, individual customer historic electric or gas service usage, or both, and individual customer historic billing data, in a format and level of granularity specified by the commission from electric and natural gas utilities, transportation fuel and technology suppliers, and other market participants. These assessments and forecasts shall be done in consultation with the appropriate state and federal agencies, including, but not limited to, the Public Utilities Commission, the Public Advocate’s Office of the Public Utilities Commission, the State Air Resources Board, the Electricity Oversight Board, the Independent System Operator, the Department of Water Resources, the Department of Transportation, and the Department of Motor Vehicles. The commission shall maintain reasonable policies and procedures to protect customer information from unauthorized disclosure. (b) In developing the assessments and forecasts prepared pursuant to subdivision (a), the commission shall do all of the following: (1) Provide information about the performance of energy industries. (2) Develop and maintain the analytical capability sufficient to answer inquiries about energy issues from the government, market participants, and the public. (3) Analyze, develop, and evaluate energy policies and programs. (4) Provide an analytical foundation for regulatory and policy decisionmaking. (5) Facilitate efficient and reliable energy markets. (Amended by Stats. 2018, Ch. 611, Sec. 1. (SB 1374) Effective January 1, 2019.) - 25302. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. )
The commission must regularly adopt and update energy policy reports, consult listed agencies, share the report, and make it publicly accessible.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. ) ## 25302. (a) Beginning November 1, 2003, and every two years thereafter, the commission shall adopt an integrated energy policy report. This integrated report shall contain an overview of major energy trends and issues facing the state, including, but not limited to, supply, demand, pricing, reliability, efficiency, and impacts on public health and safety, the economy, resources, and the environment. The integrated energy policy report shall present policy recommendations based on an in-depth and integrated analysis of the most current and pressing energy issues facing the state. The analyses supporting this integrated energy policy report shall explicitly address interfuel and intermarket effects to provide a more informed evaluation of potential tradeoffs when developing energy policy across different markets and systems. (b) The integrated energy policy report shall include an assessment and forecast of system reliability and the need for resource additions, efficiency, and conservation that considers all aspects of energy industries and markets that are essential for the state economy, general welfare, public health and safety, energy diversity, and protection of the environment. This assessment shall be based on the determinations made pursuant to this chapter. (c) Beginning November 1, 2004, and every two years thereafter, the commission shall prepare an energy policy review to update analyses from the integrated energy policy report prepared pursuant to subdivisions (a) and (b), or to raise energy issues that have emerged since the release of the integrated energy policy report. The commission may also periodically prepare and release technical analyses and assessments of energy issues and concerns to provide timely and relevant information for the Governor, the Legislature, market participants, and the public. (d) In the preparation of the report, the commission shall consult with the following entities: the Public Utilities Commission, the Public Advocate’s Office of the Public Utilities Commission, the State Air Resources Board, the Electricity Oversight Board, the Independent System Operator, the Department of Water Resources, the Department of Transportation, and the Department of Motor Vehicles, and any federal, state, and local agencies it deems necessary in preparation of the integrated energy policy report. To assure the collaborative development of state energy policies, these agencies shall make a good faith effort to provide data, assessment, and proposed recommendations for review by the commission. (e) The commission shall provide the report to the Public Utilities Commission, the Public Advocate’s Office of the Public Utilities Commission, the State Air Resources Board, the Electricity Oversight Board, the Independent System Operator, the Department of Water Resources, and the Department of Transportation. For the purpose of ensuring consistency in the underlying information that forms the foundation of energy policies and decisions affecting the state, those entities shall carry out their energy-related duties and responsibilities based upon the information and analyses contained in the report. If an entity listed in this subdivision objects to information contained in the report and has a reasonable basis for that objection, the entity shall not be required to consider that information in carrying out its energy-related duties. (f) The commission shall make the report accessible to state, local, and federal entities and to the general public. (Amended by Stats. 2018, Ch. 611, Sec. 2. (SB 1374) Effective January 1, 2019.) - 25302.4. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. )
The commission must include a fusion energy assessment in the 2027 integrated energy policy report and define aneutronic fusion for that assessment.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. ) ## 25302.4. (a) For purposes of this section, the following definitions apply: (1) “Fusion” means a reaction in which at least one heavier, more stable nucleus is produced from at least one lighter, less stable nucleus, typically through high temperatures and pressures, and emitting energy as a result. (2) “Fusion energy” means the product of fusion reactions inside a fusion device and used to generate electricity or other commercially usable forms of energy. (b) As part of the 2027 edition of the integrated energy policy report, the commission shall include an assessment of the potential for fusion energy to contribute to California’s power supply, including both of the following: (1) Identification of the necessary regulatory and policy actions required to deploy fusion energy, including aneutronic fusion and deuterium and tritium reactions, within California’s energy system. (2) Identification of state and federal investments available for fusion energy development and deployment. (c) For purposes of the assessment described in subdivision (b), the commission shall define aneutronic fusion. (d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Added by Stats. 2023, Ch. 360, Sec. 2. (AB 1172) Effective January 1, 2024. Repealed as of January 1, 2029, by its own provisions.) - 25302.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. )
Covered electricity-serving entities must give the commission forecast information, and the commission must assess load changes and report the results to the Public Utilities Commission.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. ) ## 25302.5. (a) As part of each integrated energy policy report required pursuant to Section 25302, each entity that serves or plans to serve electricity to retail customers, including, but not limited to, electrical corporations, nonutility electric service providers, community choice aggregators, and local publicly owned electric utilities, shall provide the commission with its forecast of both of the following: (1) The amount of its forecasted load that may be lost or added by any of the following: (A) A community choice aggregator. (B) An existing local publicly owned electric utility. (C) A newly formed local publicly owned electric utility. (2) Load that will be served by an electric service provider. (b) The commission shall perform an assessment in the service territory of each electrical corporation of the loss or addition of load described in this section and submit the results of the assessment to the Public Utilities Commission. (c) Notwithstanding subdivision (a), the commission may exempt from the forecasting requirements in that subdivision, a local publicly owned electric utility that is not planning to acquire additional load beyond its existing exclusive service territory within the forecast period provided by the commission pursuant to Section 25303. (d) For purposes of this section, the following terms have the following meanings: (1) “Community choice aggregator” means any “community choice aggregator” as defined in Section 331.1 of the Public Utilities Code. (2) “Electrical corporation” means any “electrical corporation” as defined in Section 218 of the Public Utilities Code. (3) “Electric service provider” means any “electric service provider” as defined in Section 218.3 of the Public Utilities Code. (4) “Local publicly owned electric utility” means any “local publicly owned electric utility” as defined in Section 224.3 of the Public Utilities Code. (Amended by Stats. 2008, Ch. 558, Sec. 2. Effective January 1, 2009.) - 25302.6. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. )
The commission must assess barriers to electricity interconnection and energization and recommend ways to speed those processes, as part of the 2025 integrated energy policy report.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. ) ## 25302.6. As part of the 2025 edition of the integrated energy policy report, the commission, in consultation with the Public Utilities Commission, shall assess barriers to electricity interconnection and energization and provide recommendations on how to accelerate those processes, as appropriate. (Added by Stats. 2023, Ch. 367, Sec. 2. (AB 1373) Effective October 7, 2023.) - 25302.7. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. )
The commission must adopt a load-shifting goal by June 1, 2023, keep adjusting it in each biennial energy report, and consider specified research when developing it.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. ) ## 25302.7. By June 1, 2023, the commission, in consultation with the Public Utilities Commission and the Independent System Operator, shall adopt a goal for load shifting to reduce net peak electrical demand and shall adjust this target in each biennial integrated energy policy report prepared pursuant to Section 25302 thereafter. In developing this target, the commission shall consider the findings of the 2020 Lawrence Berkeley National Laboratory report on the Shift Resource through 2030 and other relevant research. The commission, in consultation with the Public Utilities Commission and the Independent System Operator, shall recommend policies to increase demand response and load shifting that do not increase greenhouse gas emissions or increase electric rates. (Added by Stats. 2022, Ch. 239, Sec. 4. (SB 846) Effective September 2, 2022.) - 25303. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. )
The commission must perform electricity and natural gas forecasting and assessment work for the report, including periodic status assessments and forecast adjustments.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. ) ## 25303. (a) As part of the report prepared pursuant to Section 25302, the commission shall conduct electricity and natural gas forecasting and assessment activities, including, but not limited to, all of the following: (1) Assessment of trends in electricity and natural gas supply and demand, and the outlook for wholesale and retail prices for commodity electricity and natural gas under current market structures and expected market conditions. (2) Forecasts of statewide and regional electricity and natural gas demand, including annual, seasonal, and peak demand, and the factors leading to projected demand growth, including, but not limited to, projected population growth, urban development, industrial expansion and energy intensity of industries, energy demand for different building types, energy efficiency, and other factors influencing demand for electricity. With respect to long-range forecasts of the demand for natural gas, the report shall include an evaluation of average conditions, as well as best- and worst-case scenarios, and an evaluation of the impact of the increasing use of renewable resources on natural gas demand. (3) Evaluation of the adequacy of electricity and natural gas supplies to meet forecasted demand growth. Assessment of the availability, reliability, and efficiency of the electricity and natural gas infrastructure and systems, including, but not limited to, natural gas production capability both in and out of state, natural gas interstate and intrastate pipeline capacity, storage and use, and western regional and California electricity and transmission system capacity and use. (4) Evaluation of potential impacts of electricity and natural gas supply, demand, and infrastructure and resource additions on the electricity and natural gas systems, public health and safety, the economy, resources, and the environment. (5) Evaluation of the potential impacts of electricity and natural gas load management efforts, including end-user response to market price signals, as a means to ensure reliable operation of electricity and natural gas systems. (6) Evaluation of whether electricity and natural gas markets are adequately meeting public interest objectives including the provision of all of the following: economic benefits; competitive, low-cost reliable services; customer information and protection; and environmentally sensitive electricity and natural gas supplies. This evaluation may consider the extent to which California is an element within western energy markets, the existence of appropriate incentives for market participants to provide supplies and for consumers to respond to energy prices, appropriate identification of responsibilities of various market participants, and an assessment of long-term versus short-term market performance. To the extent this evaluation identifies market shortcomings, the commission shall propose market structure changes to improve performance. (7) Identification of impending or potential problems or uncertainties in the electricity and natural gas markets, potential options and solutions, and recommendations. (b) Commencing November 1, 2003, and every two years thereafter, to be included in the integrated energy policy report prepared pursuant to Section 25302, the commission shall assess the current status of the following: (1) The environmental performance of the electric generation facilities of the state, to include all of the following: (A) Generation facility efficiency. (B) Air emission pollution control technologies in use in operating plants. (C) The extent to which recent resource additions have, and expected resource additions are likely to, displace or reduce the operation of existing facilities, including the environmental consequences of these changes. (2) The geographic distribution of statewide environmental, efficiency, and socioeconomic benefits and drawbacks of existing generation facilities, including, but not limited to, the impacts on natural resources including wildlife habitat, air quality, and water resources, and the relationship to demographic factors. The assessment shall describe the socioeconomic and demographic factors that existed when the facilities were constructed and the current status of these factors. In addition, the report shall include how expected or recent resource additions could change the assessment through displaced or reduced operation of existing facilities. (c) The commission, in consultation with the Public Utilities Commission, shall make all reasonable adjustments to its energy demand forecasts conducted pursuant to Sections 25301 and 25302 to account for its findings of market conditions and existing baselines, and, in making those adjustments, may consider the results from subdivisions (b) and (d) of Section 381.2 of the Public Utilities Code. (Amended by Stats. 2018, Ch. 611, Sec. 3. (SB 1374) Effective January 1, 2019.) - 25304. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. )
The commission must conduct transportation forecasting and assessment activities as part of the report under Section 25302.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. ) ## 25304. As a part of the report prepared pursuant to Section 25302, the commission shall conduct transportation forecasting and assessment activities, including, but not limited to: (a) Assessment of trends in transportation fuels, technologies, and infrastructure supply and demand and the outlook for wholesale and retail prices for petroleum, petroleum products, and alternative transportation fuels under current market structures and expected market conditions. (b) Forecasts of statewide and regional transportation energy demand, both annual and seasonal, and the factors leading to projected demand growth including, but not limited to, projected population growth, urban development, vehicle miles traveled, the type, class, and efficiency of personal vehicles and commercial fleets, and shifts in transportation modes. (c) Evaluation of the sufficiency of transportation fuel supplies, technologies, and infrastructure to meet projected transportation demand growth. Assessment of crude oil and other transportation fuel feedstock supplies; in-state, national, and worldwide production and refining capacity; product output storage availability; and transportation and distribution systems capacity and use. (d) Assessments of the risks of supply disruptions, price shocks, or other events and the consequences of these events on the availability and price of transportation fuels and effects on the state’s economy. (e) Evaluation of the potential for needed changes in the state’s energy shortage contingency plans to increase production and productivity, improve efficiency of fuel use, increase conservation of resources, and other actions to maintain sufficient, secure, and affordable transportation fuel supplies for the state. (f) Evaluation of alternative transportation energy scenarios, in the context of least environmental and economic costs, to examine potential effects of alternative fuels usage, vehicle efficiency improvements, and shifts in transportation modes on public health and safety, the economy, resources, the environment, and energy security. (g) Examination of the success of the introduction, prices, and availability of advanced transportation technologies, low- or zero-emission vehicles, and clean-burning transportation fuels, including their potential future contributions to air quality, energy security, and other public interest benefits. (h) Recommendations to improve the efficiency of transportation energy use, reduce dependence on petroleum fuels, decrease environmental impacts from transportation energy use, and contribute to reducing congestion, promoting economic development, and enhancing energy diversity and security. (Amended by Stats. 2018, Ch. 611, Sec. 5. (SB 1374) Effective January 1, 2019.) - 25305. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. )
The commission must use specified forecasting and assessments when analyzing public interest energy strategies and making policy recommendations.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. ) ## 25305. The commission shall rely upon forecasting and assessments performed in accordance with Sections 25301 to 25304, inclusive, as the basis for analyzing the success of and developing policy recommendations for public interest energy strategies. Public interest energy strategies include, but are not limited to, achieving energy efficiency and energy conservation; implementing load management; pursuing research, development, demonstration, and commercialization of new technologies; promoting renewable generation technologies; reducing statewide greenhouse gas emissions and addressing the impacts of climate change on California; stimulating California’s energy-related business activities to contribute to the state’s economy; and protecting and enhancing the environment. Additional assessments to address public interest energy strategies shall include, but are not limited to, all of the following: (a) Identification of emerging trends in energy efficiency in the residential, commercial, industrial, agricultural, and transportation sectors of the state’s economy, including, but not limited to, evaluation of additional achievable energy efficiency measures and technologies. Identification of policies that would permit fuller realization of the potential for energy efficiency, either through direct programmatic actions or facilitation of the market. (b) Identification of emerging trends in the renewable energy industry. In addition, the commission shall evaluate progress in ensuring the operation of existing facilities, and the development of new and emerging, in-state renewable resources. (c) Identification of emerging trends in energy research, development, and demonstration activities that advance science or technology to produce public benefits. (d) Identification of progress in reducing statewide greenhouse gas emissions and addressing the effects of climate change on California. (Repealed and added by Stats. 2002, Ch. 568, Sec. 2. Effective January 1, 2003.) - 25305.1. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. )
The commission must report to the Legislature on how each local publicly owned electric utility is progressing in meeting Section 9620 requirements.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. ) ## 25305.1. The commission shall report to the Legislature, to be included in each integrated energy policy report prepared pursuant to Section 25302, regarding the progress made by each local publicly owned electric utility serving end-use customers in meeting the requirements of Section 9620 of the Public Utilities Code. (Added by Stats. 2012, Ch. 606, Sec. 1. (AB 2227) Effective January 1, 2013.) - 25305.2. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. )
The commission must include specified energy-reporting information and utility comparisons in the integrated energy policy report, and may need to recommend improvements if it finds targets or performance can be improved.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. ) ## 25305.2. The commission shall include a summary of the information reported pursuant to subdivision (d) of Section 9505 of the Public Utilities Code in the integrated energy policy report prepared pursuant to Section 25302. The commission shall also include, for each local publicly owned electric utility, a comparison of the local publicly owned electric utility’s annual targets established in accordance with that section, and the local publicly owned electric utility’s actual energy efficiency savings and demand reductions. If the commission determines that improvements can be made in either the level of a local publicly owned electric utility’s annual targets to achieve all cost-effective, reliable, and feasible energy savings and demand reductions and to enable local publicly owned electric utilities, in the aggregate, to achieve statewide targets established pursuant to Section 25310, or in meeting each local publicly owned electric utility’s annual targets, the commission shall provide recommendations to the local publicly owned electric utility, the Legislature, and the Governor on those improvements. (Added by Stats. 2012, Ch. 606, Sec. 2. (AB 2227) Effective January 1, 2013.) - 25305.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. )
The commission must timely include firm zero-carbon resources in the integrated energy policy report.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. ) ## 25305.5. (a) The commission shall timely incorporate firm zero-carbon resources into the integrated energy policy report prepared pursuant to Section 25302. (b) For purposes of this section, “firm zero-carbon resources” are electrical resources that can individually, or in combination, deliver zero-carbon electricity with high availability for the expected duration of multiday extreme or atypical weather events, including periods of low renewable energy generation, and facilitate integration of eligible renewable energy resources into the electrical grid and the transition to a zero-carbon electrical grid. (Amended by Stats. 2024, Ch. 353, Sec. 12. (AB 1533) Effective January 1, 2025.) - 25306. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. )
The commission must hold workshops, hearings, and other forums to gather public and market input, and must put comments and responses into the docket for the integrated energy policy report.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. ) ## 25306. The commission shall conduct workshops, hearings, and other forums to gain the perspectives of the public and market participants for purposes of the integrated energy policy report prepared pursuant to Section 25302 and the forecasting and assessments prepared pursuant to Sections 25301, 25303, 25304, and 25305. The commission shall include the comments, as well as responses to those comments, of governmental agencies, industry representatives, market participants, private groups, and any other person concerning the commission’s proposals and recommendations in the docket for the integrated energy policy report. (Repealed and added by Stats. 2002, Ch. 568, Sec. 2. Effective January 1, 2003.) - 25307. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. )
The commission must study and model hydrogen growth and its role in decarbonizing the electrical and transportation sectors in the 2023 and 2025 integrated energy policy reports.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. ) ## 25307. (a) For purposes of this section, “decarbonizing” means reducing or eliminating associated emissions of greenhouse gases. (b) As part of the 2023 and 2025 editions of the integrated energy policy report, the commission shall study and model potential growth for hydrogen and its role in decarbonizing the electrical and transportation sectors of the economy, and helping to achieve the goals set forth in The 100 Percent Clean Energy Act of 2018 (Chapter 312 of the Statutes of 2018), the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), and the Clean Energy and Pollution Reduction Act of 2015 (Chapter 547 of the Statutes of 2015). (c) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2030. (Added by Stats. 2022, Ch. 363, Sec. 3. (SB 1075) Effective January 1, 2023. Repealed as of January 1, 2030, by its own provisions.) - 25308. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. )
The commission and the Public Utilities Commission must, every five years and with the Independent System Operator, review and update the specified memorandum of understanding and related workplan.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. ) ## 25308. The commission and Public Utilities Commission, in coordination with the Independent System Operator, every five years, shall review and update as necessary the Memorandum of Understanding Between the California Public Utilities Commission (CPUC) and the California Energy Commission (CEC) and the California Independent System Operator (ISO) Regarding Transmission and Resource Planning and Implementation (December 23, 2022) and the related workplan to ensure the memorandum and workplan reflect the coordination that is needed to help meet the state’s energy goals, including those goals described in Section 454.53 of the Public Utilities Code. (Added by Stats. 2023, Ch. 390, Sec. 1. (SB 319) Effective January 1, 2024.) - 25308.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. )
The commission, Public Utilities Commission, and Independent System Operator must jointly develop an electrical transmission infrastructure development guidebook by July 1, 2025, consult relevant agencies, and provide stakeholder input and public comment opportunities.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. ) ## 25308.5. (a) On or before July 1, 2025, the commission, Public Utilities Commission, and Independent System Operator shall jointly develop an electrical transmission infrastructure development guidebook that describes the state’s electrical transmission infrastructure planning and permitting processes conducted by the commission, Public Utilities Commission, and Independent System Operator. (b) In developing the electrical transmission infrastructure development guidebook, the commission, Public Utilities Commission, and Independent System Operator shall make a reasonable and good faith effort to consult with all relevant local, state, tribal, and federal agencies. (c) The electrical transmission infrastructure development guidebook shall include a description of the different stages of electrical transmission infrastructure development, an analysis of the average timeframes for electrical transmission infrastructure planning and permitting by the commission, Public Utilities Commission, and Independent System Operator, clearly identify and describe the roles, responsibilities, and decisionmaking authority of federal agencies and state agencies, including the commission, Public Utilities Commission, and Independent System Operator, and include interfaces with federal agencies, including timing, sequence, and coordination with federal permitting agencies, and coordination between reviews under the California Environmental Quality Act (Division 13 (commencing with Section 21000)) and the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.). (d) The commission, Public Utilities Commission, and Independent System Operator shall provide an opportunity for stakeholder input in the development and communication of the electrical transmission infrastructure development guidebook and an opportunity for public comment on a draft electrical transmission infrastructure development guidebook. (e) For purposes of this section, “electrical transmission infrastructure” means electrical transmission facilities and equipment used to convey electricity from an electrical generation facility or energy storage system to the electrical distribution system or transmission-voltage load. (f) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. (Added by Stats. 2023, Ch. 390, Sec. 2. (SB 319) Effective January 1, 2024. Repealed as of January 1, 2028, by its own provisions.) - 25310. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. )
The commission must regularly develop statewide energy-efficiency savings estimates and targets, report utility comparisons, and update progress toward a 2030 doubling goal.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. ) ## 25310. (a) For purposes of this section, the following terms have the following meanings: (1) “End use” means the purpose for which energy is used, including, but not limited to, heating, cooling, or lighting, or class of energy uses upon which an energy efficiency program is focused, typically categorized by equipment purpose, equipment energy use intensity, or building type. (2) “Energy efficiency savings” means reduced electricity or natural gas usage produced either by the installation of an energy efficiency measure or the adoption of an energy efficiency practice that maintains at least the same level of end-use service or by conservation actions that reduce energy use by reducing the quantity of baseline energy services demanded. (b) On or before November 1, 2007, and by November 1 of every third year thereafter, the commission in consultation with the Public Utilities Commission and local publicly owned electric utilities, in a public process that allows input from other stakeholders, shall develop a statewide estimate of all potentially achievable cost-effective electricity and natural gas efficiency savings and establish targets for statewide annual energy efficiency savings and demand reduction for the next 10-year period. The commission shall base its estimate at least in part on information developed pursuant to Sections 454.55, 454.56, 715, 9505, 9615, and 9615.5 of the Public Utilities Code. The commission shall, for each electrical corporation and each gas corporation, include in the integrated energy policy report, a comparison of the public utility’s annual targets established pursuant to Sections 454.55 and 454.56, and the public utility’s actual energy efficiency savings and demand reductions. (c) (1) On or before November 1, 2017, the commission, in collaboration with the Public Utilities Commission and local publicly owned electric utilities, in a public process that allows input from other stakeholders, shall establish annual targets for statewide energy efficiency savings and demand reduction that will achieve a cumulative doubling of statewide energy efficiency savings in electricity and natural gas final end uses of retail customers by January 1, 2030. The commission shall base the targets on a doubling of the midcase estimate of additional achievable energy efficiency savings, as contained in the California Energy Demand Updated Forecast, 2015-2025, adopted by the commission, extended to 2030 using an average annual growth rate, and the targets adopted by local publicly owned electric utilities pursuant to Section 9505 of the Public Utilities Code, extended to 2030 using an average annual growth rate, to the extent doing so is cost effective, feasible, and will not adversely impact public health and safety. (2) The commission may establish targets for the purposes of paragraph (1) that aggregate energy efficiency savings from both electricity and natural gas final end uses. Before establishing aggregate targets, the commission shall, in a public process that allows input from other stakeholders, adopt a methodology for aggregating electricity and natural gas final end-use energy efficiency savings in a consistent manner based on source of energy reduction and other relevant factors. (3) In establishing the targets pursuant to paragraph (1), the commission shall assess the hourly and seasonal impact on statewide and local electricity demand. (4) In assessing the feasibility and cost-effectiveness of energy efficiency savings for the purposes of paragraph (1), the commission and the Public Utilities Commission shall consider the results of energy efficiency potential studies that are not restricted by previous levels of utility energy efficiency savings. (5) The energy efficiency savings and demand reduction reported for the purposes of achieving the targets established pursuant to paragraph (1) shall be measured taking into consideration the overall reduction in normalized metered electricity and natural gas consumption where these measurement techniques are feasible and cost effective. (d) The targets established in subdivision (c) may be achieved through energy efficiency savings and demand reduction resulting from a variety of programs that include, but are not limited to, the following: (1) Appliance and building energy efficiency standards developed and adopted pursuant to Section 25402. (2) A comprehensive program to achieve greater energy efficiency savings in California’s existing residential and nonresidential building stock pursuant to Section 25943. (3) Programs funded and authorized pursuant to the California Clean Energy Job Creation Act (Division 16.3 (commencing with Section 26200)). (4) Programs funded by the Greenhouse Gas Reduction Fund established pursuant to Section 16428.8 of the Government Code. (5) Programs funded and authorized pursuant to this division. (6) Programs of electrical or gas corporations, or community choice aggregators, that provide financial incentives, rebates, technical assistance, and support to their customers to increase energy efficiency, authorized by the Public Utilities Commission. (7) Programs of local publicly owned electric utilities that provide financial incentives, rebates, technical assistance, and support to their customers to increase energy efficiency pursuant to Section 385 of the Public Utilities Code. (8) Programs of electrical or gas corporations, local publicly owned electric utilities, or community choice aggregators, that achieve energy efficiency savings through operational, behavioral, and retrocommissioning activities. (9) Programs that save energy in final end uses by reducing distribution feeder service voltage, known as conservation voltage reduction. (10) Programs that save energy in final end uses by using cleaner fuels to reduce greenhouse gas emissions as measured on a lifecycle basis from the provision of energy services. (11) Property Assessed Clean Energy (PACE) programs. (e) Beginning with the 2019 edition of the integrated energy policy report and every two years thereafter, the commission shall provide recommendations and an update on progress toward achieving a doubling of energy efficiency savings in electricity and natural gas final end uses of retail customers by January 1, 2030, pursuant to paragraph (1) of subdivision (c). The commission shall also include with the recommendations and update both of the following: (1) An assessment of the effect of energy efficiency savings on electricity demand statewide, in local service territories, and on an hourly and seasonal basis. (2) Specific strategies for, and an update on, progress toward maximizing the contribution of energy efficiency savings in disadvantaged communities identified pursuant to Section 39711 of the Health and Safety Code. (Amended by Stats. 2015, Ch. 547, Sec. 6. (SB 350) Effective January 1, 2016.) - 25320. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. )
The commission must run and manage a data collection system for energy policy reporting and related planning.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. ) ## 25320. (a) The commission shall manage a data collection system for obtaining information necessary to develop the policy reports and analyses required by Sections 25301 to 25307, inclusive, the energy shortage contingency planning efforts in Chapter 8 (commencing with Section 25700), and to support other duties of the commission. (1) It is the intent of the Legislature to ensure that information needed to support the energy policy analysis developed by the commission is obtained from stakeholders in the most cost-effective and efficient manner. (2) The commission is encouraged to do all of the following with respect to its data collection: (A) Align the collection of data to be consistent with the schedule of the integrated energy policy report, to the extent practical. (B) Eliminate unneeded and duplicative data submittals from stakeholders. (C) Give full consideration to the potential burdens these data requests impose on the resources of the stakeholders whose information is being requested. (b) The data collection system, adopted by regulation under Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and managed by the commission shall: (1) Include a timetable for the submission of this information, so that the integrated energy policy report required by Section 25302 can be completed in an accurate and timely manner. The commission is encouraged to align its timetable with the schedule of the integrated energy policy report, to the extent practical. (2) Require a person to submit only information that is necessary to the development of the integrated energy policy report and analyses, and that the person can either be expected to acquire through their market activities, or possesses or controls. Information collected pursuant to this section shall relate to the functional role of each category of market participant in that industry and the consumers within that industry. (3) To the extent it satisfies the information needs of the commission, rely on the use of estimates and proxies, to the maximum extent practicable, for some data elements using survey and research techniques, while for other information it shall obtain data from market participants using submissions consistent with their accounting records. In determining whether to rely on estimates or participant-provided data, the commission shall weigh the burden of compliance on industry participants and energy consumers against the benefit of participant-provided data for the public interest. (4) To the extent it satisfies the information needs of the commission, rely on data, to the maximum extent practicable, that is reported to other government agencies or is otherwise available to the commission. (c) Pursuant to the requirements of subdivision (b), the data collection system for electricity and natural gas shall enumerate specific requirements for each category of market participants, including, but not limited to, private market participants, energy service providers, energy service companies, natural gas marketers, electric utility and natural gas utility companies, independent generators, electric transmission entities, natural gas producers, natural gas pipeline operators, importers and exporters of electricity and natural gas, and specialized electric or natural gas system operators. The commission may also collect information about consumers’ natural gas and electricity use from their voluntary participation in surveys and other research techniques. (d) Pursuant to the requirements of subdivision (b), the data collection system for nonpetroleum fuels and transportation technologies shall enumerate specific requirements for each category of market participant, including, but not limited to, fuel importers and exporters, fuel distributors and retailers, fuel pipeline operators, natural gas liquid producers, and transportation technology providers. The commission may also collect information about consumers’ nonpetroleum fuel and transportation technology use from their voluntary participation in surveys and other research techniques. (e) The commission shall collect data for petroleum fuel pursuant to Chapter 4.5 (commencing with Section 25350). The commission may also collect information about consumers’ petroleum fuel use from consumers’ participation in surveys and other research techniques. (Amended by Stats. 2024, Ch. 353, Sec. 13. (AB 1533) Effective January 1, 2025.) - 25321. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. )
The commission may enforce the data collection system, must notify a noncompliant person, and may impose civil penalties after notice and a hearing.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. ) ## 25321. In order to ensure timely and accurate compliance with the data collection system adopted under Section 25320, the commission may use any of the following enforcement measures: (a) If any person fails to comply with an applicable provision of the data collection system, the commission shall notify the person. If, after five working days from being notified of the violation, the person continues to fail to comply, the person shall be subject to a civil penalty, to be imposed by the commission after a hearing that complies with constitutional requirements. (1) The civil penalty shall not be less than five hundred dollars ($500) nor more than two thousand dollars ($2,000) for each category of data the person did not provide and for each day the violation has existed and continues to exist. (2) In the case of a person who willfully makes any false statement, representation, or certification in any record, report, plan, or other document filed with the commission, the civil penalty shall not be less than five hundred dollars ($500) nor more than two thousand dollars ($2,000) per day applied to each day in the interval between the original due date and the date when corrected information is submitted. (b) For the purposes of this section, “person” means, in addition to the definition contained in Section 25116, any responsible corporate officer. (c) Enforcement measures for petroleum and other fuels shall be those contained in Section 25362. (Repealed and added by Stats. 2002, Ch. 568, Sec. 2. Effective January 1, 2003.) - 25322. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. )
The commission must keep qualifying information confidential, follow disclosure procedures, and use security controls to protect confidential data.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. ) ## 25322. (a) The data collection system managed pursuant to Section 25320 shall include the following requirements regarding the confidentiality of the information collected by the commission: (1) Any person required to present information to the commission pursuant to this section may request that specific information be held in confidence. The commission shall grant the request in any of the following circumstances: (A) The information is exempt from disclosure under the California Public Records Act, Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. (B) The information satisfies the confidentiality requirements of Article 2 (commencing with Section 2501) of Chapter 7 of Division 2 of Title 20 of the California Code of Regulations, as those regulations existed on January 1, 2002. (C) On the facts of the particular case, the public interest served by not disclosing the information clearly outweighs the public interest served by disclosure of the information. (2) The commission may, by regulation, designate certain categories of information as confidential, which removes the obligation to request confidentiality for that information. (3) Any confidential information pertinent to the responsibilities of the commission specified in this chapter that is obtained by another state agency, or the California Independent System Operator or its successor, shall be available to the commission and shall be treated in a confidential manner. (4) Information presented to or developed by the commission and deemed confidential pursuant to this section shall be held in confidence by the commission. Confidential information shall be aggregated or masked to the extent necessary to ensure confidentiality if public disclosure of the specific information would result in an unfair competitive disadvantage to the person supplying the information. (b) Requests for records of information shall be handled as follows: (1) If the commission receives a written request to publicly disclose information that is being held in confidence pursuant to paragraph (1) or (2) of subdivision (a), the commission shall provide the person making the request with written justification for the confidential designation and a description of the process to seek disclosure. (2) If the commission receives a written request to publicly disclose a disaggregated or unmasked record of information designated as confidential under paragraph (1) or (2) of subdivision (a), notice of the request shall be provided to the person that submitted the record. Upon receipt of the notice, the person that submitted the record may, within five working days of receipt of the notice, provide a written justification of the claim of confidentiality. (3) The commission or its designee shall rule on a request made pursuant to paragraph (2) on or before 20 working days after its receipt. The commission shall deny the request if the disclosure will result in an unfair competitive disadvantage to the person that submitted the information. (4) If the commission grants the request pursuant to paragraph (3), it shall withhold disclosure for a reasonable amount of time, not to exceed 14 working days, to allow the submitter of the information to seek judicial review. (c) No information submitted to the commission pursuant to this section is confidential if the person submitting the information has made it public. (d) The commission shall establish, maintain, and use appropriate security practices and procedures to ensure that the information it has designated as confidential, or received with a confidential designation from another government agency, is protected against disclosure other than that authorized using the procedures in subdivision (b). The commission shall incorporate the following elements into its security practices and procedures: (1) Commission employees shall sign a confidential data disclosure agreement providing for various remedies, including, but not limited to, fines and termination for wrongful disclosure of confidential information. (2) Commission employees, or contract employees of the commission, shall only have access to confidential information when it is appropriate to their job assignments and if they have signed a nondisclosure agreement. (3) Computer data systems that hold confidential information shall include sufficient security measures to protect the data from inadvertent or wrongful access by unauthorized commission employees and the public. (e) Data collected by the commission on petroleum fuels in Section 25320 shall be subject to the confidentiality provisions of Sections 25364 to 25366, inclusive. (Amended by Stats. 2021, Ch. 615, Sec. 384. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) - 25323. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. )
The commission may not use its analytical, planning, siting, or certification responsibilities to require a specific supply plan for any utility.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. ) ## 25323. Nothing in this division shall authorize the commission in the performance of its analytical, planning, siting, or certification responsibilities to mandate a specified supply plan for any utility. (Repealed and added by Stats. 2002, Ch. 568, Sec. 2. Effective January 1, 2003.) - 25324. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. )
The commission must adopt a strategic plan for the state’s electric transmission grid, after consulting specified stakeholders.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4. Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. ) ## 25324. The commission, in consultation with the Public Utilities Commission, the California Independent System Operator, transmission owners, users, and consumers, shall adopt a strategic plan for the state’s electric transmission grid using existing resources. The strategic plan shall identify and recommend actions required to implement investments needed to ensure reliability, relieve congestion, and meet future growth in load and generation, including, but not limited to, renewable resources, energy efficiency, and other demand reduction measures. The plan shall be included in the integrated energy policy report adopted on November 1, 2005, pursuant to subdivision (a) of Section 25302. (Added by Stats. 2004, Ch. 692, Sec. 1. Effective January 1, 2005.)
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