Public Resources Code — Part 6 | PRC — United States — California law | Esheria

Public Resources Code

Part 6 of 41 · provisions 1,001–1,200

This act is named the 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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Provisions of Public Resources Code

Showing 200 of 8,095

  1. 25326.

    ## 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 Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. )

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    The commission must hold public hearings to identify barriers to biomethane procurement in California and include solutions 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 Integrated Energy Policy Reporting [25300 - 25328] ( Chapter 4 repealed and added by Stats. 2002, Ch. 568, Sec. 2. ) ## 25326. (a) The commission shall hold public hearings to identify impediments that limit procurement of biomethane in California, including, but not limited to, impediments to interconnection. The commission shall offer solutions to those impediments as part of the integrated energy policy report prepared pursuant to Section 25302. (b) For the purposes of this section, “biomethane” means biogas that meets the standards adopted pursuant to subdivisions (c) and (d) of Section 25421 of the Health and Safety Code for injection into a common carrier pipeline. (Added by Stats. 2012, Ch. 602, Sec. 4. (AB 1900) Effective January 1, 2013.)
  2. 25327.

    ## 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. )

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    This section requires the commission and the State Air Resources Board to prepare studies on barriers and opportunities for low-income customers, with public and agency input, by January 1, 2017.

    ## 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. ) ## 25327. (a) The Legislature finds and declares all of the following: (1) There is insufficient information available to fully realize the potential of solar photovoltaic energy generation to serve low-income customers, including those in disadvantaged communities. (2) There is insufficient understanding of the barriers to access for low-income customers to all forms of renewable energy being generated in the state. (3) There is insufficient understanding of the barriers to access for low-income customers to energy efficiency investments. (4) There is insufficient understanding of the barriers to access for low-income customers to zero-emission and near-zero-emission transportation options. (b) On or before January 1, 2017, the commission, with input from relevant state agencies and the public, shall conduct and complete a study on both of the following: (1) Barriers to, and opportunities for, solar photovoltaic energy generation as well as barriers to, and opportunities for, access to other renewable energy by low-income customers. (2) Barriers to contracting opportunities for local small businesses in disadvantaged communities. (c) On or before January 1, 2017, the commission, with input from relevant state agencies and the public, shall develop and publish a study on barriers for low-income customers to energy efficiency and weatherization investments, including those in disadvantaged communities, as well as recommendations on how to increase access to energy efficiency and weatherization investments to low-income customers. (d) On or before January 1, 2017, the State Air Resources Board, in consultation with the commission and with input from relevant state agencies and the public, shall develop and publish a study on barriers for low-income customers to zero-emission and near-zero-emission transportation options, including those in disadvantaged communities, as well as recommendations on how to increase access to zero-emission and near-zero-emission transportation options to low-income customers, including those in disadvantaged communities. (Added by Stats. 2015, Ch. 547, Sec. 7. (SB 350) Effective January 1, 2016.)
  3. 25328.

    ## 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. )

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    The commission must gather fleet data, make data-sharing agreements as needed, and share gathered data with electric utilities, while utilities must not disclose protected information or share the data with third parties.

    ## 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. ) ## 25328. (a) In order to achieve the state’s goal of reaching 100 percent zero-emission vehicles for new passenger vehicles sales by 2035 and for medium- and heavy-duty vehicles everywhere feasible by 2045, it is the intent of the Legislature to advance zero-emission infrastructure deployment. (b) The commission, in collaboration with the State Air Resources Board, the Public Utilities Commission, and other relevant stakeholders, shall do both of the following: (1) Annually gather entities’ fleet data from state agencies that already collect fleet data, including, but not limited to, data collected by the State Air Resources Board pursuant to its zero-emission vehicle regulations, and vehicle registration data collected by the Department of Motor Vehicles, to the extent that such data is collected by state agencies at the time. The data collected from state agencies pursuant to this paragraph shall encompass fleet data for on-road and off-road vehicles in the medium- and heavy-duty sectors of only those entities that are subject to the regulations of the State Air Resources Board, and shall include, but not be limited to, all of the following data: (A) The total vehicle fleet or equipment size and composition, including each vehicle’s fuel type, including battery electric, plug-in hybrid, or fuel cell. (B) The physical address of the fleet’s location. (C) Information that would allow the electrical corporation or local publicly owned electric utility to estimate the total anticipated charging capacity at each fleet location. (2) Enter into data sharing agreements with state agencies, as necessary, to facilitate the gathering of data pursuant to this section. (c) The commission shall share the data gathered pursuant to subdivision (b) with electrical corporations and local publicly owned electric utilities to help inform electrical grid planning efforts. (d) For data shared pursuant to subdivision (c), an electrical corporation or local publicly owned utility shall not disclose information protected pursuant to Sections 8380 and 8381 of the Public Utilities Code. (e) For data shared pursuant to subdivision (c), an electrical corporation or local publicly owned utility shall not disclose the data to third parties for any purpose. (f) The commission’s data collection pursuant to this section is not intended to create any new or duplicate reporting requirements on behalf of fleet operators. (Added by Stats. 2022, Ch. 354, Sec. 2. (AB 2700) Effective January 1, 2023.)
  4. 25330.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.3. Designation of Transmission Corridors [25330 - 25341] ( Chapter 4.3 added by Stats. 2006, Ch. 638, Sec. 2. )

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    This section defines key terms for transmission corridor zones and says such a zone generally may not exceed 1,500 feet in width, except for stated land-use or environmental reasons.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.3. Designation of Transmission Corridors [25330 - 25341] ( Chapter 4.3 added by Stats. 2006, Ch. 638, Sec. 2. ) ## 25330. For purposes of this chapter, the following terms have the following meanings: (a) “Feasible” has the same meaning as in Section 21061.1. (b) “High-voltage electric transmission line” means an electric transmission line with an operating capacity of at least 200 kilovolts, or that is under the operational control of the California Independent System Operator. (c) “Transmission corridor zone” means the geographic area necessary to accommodate the construction and operation of one or more high-voltage electric transmission lines. A transmission corridor zone shall not be more than 1,500 feet in width unless required to accommodate existing land uses and land uses identified in local general or specific plans, or to avoid environmental constraints or mitigate potential environmental impacts. (Added by Stats. 2006, Ch. 638, Sec. 2. Effective January 1, 2007.)
  5. 25331.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.3. Designation of Transmission Corridors [25330 - 25341] ( Chapter 4.3 added by Stats. 2006, Ch. 638, Sec. 2. )

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    The commission may designate a transmission corridor zone on its own motion or when a qualifying person applies. A person planning to build a high-voltage electric transmission line may apply to have a proposed corridor zone designated as consistent with the strategic plan.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.3. Designation of Transmission Corridors [25330 - 25341] ( Chapter 4.3 added by Stats. 2006, Ch. 638, Sec. 2. ) ## 25331. (a) The commission may designate a transmission corridor zone on its own motion or by application of a person who plans to construct a high-voltage electric transmission line within the state. The designation of a transmission corridor zone shall serve to identify a feasible corridor where one or more future high-voltage electric transmission lines can be built that are consistent with the state’s needs and objectives as set forth in the strategic plan adopted pursuant to Section 25324. (b) A person planning to construct a high-voltage electric transmission line may submit to the commission an application to designate a proposed transmission corridor zone as being consistent with the strategic plan adopted pursuant to Section 25324. The application shall be in the form prescribed by the commission and shall be supported by any information that the commission may require. (Added by Stats. 2006, Ch. 638, Sec. 2. Effective January 1, 2007.)
  6. 25332.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.3. Designation of Transmission Corridors [25330 - 25341] ( Chapter 4.3 added by Stats. 2006, Ch. 638, Sec. 2. )

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    A transmission corridor zone designation is subject to the California Environmental Quality Act, and the commission must serve as the lead agency for proposed designations under this chapter.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.3. Designation of Transmission Corridors [25330 - 25341] ( Chapter 4.3 added by Stats. 2006, Ch. 638, Sec. 2. ) ## 25332. The designation of a transmission corridor zone is subject to the California Environmental Quality Act (Division 13 (commencing with Section 21000)). The commission shall be the lead agency, as provided in Section 21165, for all transmission corridor zones proposed for designation pursuant to this chapter. (Added by Stats. 2006, Ch. 638, Sec. 2. Effective January 1, 2007.)
  7. 25333.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.3. Designation of Transmission Corridors [25330 - 25341] ( Chapter 4.3 added by Stats. 2006, Ch. 638, Sec. 2. )

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    The commission must confer with specified governments and tribes, coordinate transmission planning with land use plans when feasible, and cannot designate a transmission corridor zone in a California Native American tribe’s jurisdiction without that tribe’s approval.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.3. Designation of Transmission Corridors [25330 - 25341] ( Chapter 4.3 added by Stats. 2006, Ch. 638, Sec. 2. ) ## 25333. (a) In developing a strategic plan pursuant to Section 25324 or considering an application for designation pursuant to this chapter, the commission shall confer with cities and counties, federal agencies, and California Native American tribes to identify appropriate areas within their jurisdictions that may be suitable for a transmission corridor zone. The commission shall, to the extent feasible, coordinate efforts to identify long-term transmission needs of the state with the land use plans of cities, counties, federal agencies, and California Native American tribes. (b) The commission shall not designate a transmission corridor zone within the jurisdiction of a California Native American tribe without the approval of the California Native American tribe. (Added by Stats. 2006, Ch. 638, Sec. 2. Effective January 1, 2007.)
  8. 25334.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.3. Designation of Transmission Corridors [25330 - 25341] ( Chapter 4.3 added by Stats. 2006, Ch. 638, Sec. 2. )

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    The commission must publish, notify, and seek comments about proposed transmission corridor zone applications, and applicants must pay review costs.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.3. Designation of Transmission Corridors [25330 - 25341] ( Chapter 4.3 added by Stats. 2006, Ch. 638, Sec. 2. ) ## 25334. (a) Upon receipt of an application or upon its own motion for designation of a transmission corridor zone, the commission shall arrange for the publication of a summary of the application in a newspaper of general circulation in each county where the proposed transmission corridor zone would be located, and shall notify all property owners within, or adjacent to, the transmission corridor zone. The commission shall transmit a copy of the application for designation to all cities, counties, and state and federal agencies having an interest in the proposed transmission corridor zone. The commission shall publish the application for designation on its Internet Web site, and notify members of the public that the application is available on the commission’s Internet Web site. (b) As soon as practicable after the receipt of an application or upon its own motion for designation of a transmission corridor zone, the commission shall notify cities, counties, state and federal agencies, and California Native American tribes in whose jurisdictions the proposed transmission corridor zone would be located regarding the proposed transmission corridor zone and the objectives of the most recent strategic plan for the state’s electric transmission grid. The commission’s notice shall solicit information from, and the commission shall confer with, all interested cities, counties, state and federal agencies, and California Native American tribes regarding their land use plans, existing land uses, and other factors in which they have expertise or interest with respect to the proposed transmission corridor zone. The commission shall provide any interested city, county, state or federal agency, California Native American tribe, or member of the public, including any property owner within the proposed transmission corridor zone, ample opportunity to participate in the commission’s review of a proposed transmission corridor zone. (c) The commission shall request affected cities, counties, state and federal agencies, the Electricity Oversight Board, the Independent System Operator, interested California Native American tribes, and members of the public, including any property owner within the proposed transmission corridor zone, to provide comments on the suitability of the proposed transmission corridor zone with respect to environmental, public health and safety, land use, economic, and transmission-system impacts or other factors on which they may have expertise. (d) The commission shall require a person who files an application for the designation of a transmission corridor zone to pay a fee sufficient to reimburse the commission for all costs associated with reviewing the application. If the commission initiates the designation of a transmission corridor zone on its own motion, the commission shall fix the surcharge imposed pursuant to subdivision (b) of Section 40016 of the Revenue and Taxation Code, at a level sufficient to cover the commission’s added costs. (e) Upon receiving the commission’s request for review of a proposed transmission corridor zone, a city or county may request a fee pursuant to Section 25538 to cover for the actual and added costs of this review and the commission shall pay this amount to the city or county. (Added by Stats. 2006, Ch. 638, Sec. 2. Effective January 1, 2007.)
  9. 25335.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.3. Designation of Transmission Corridors [25330 - 25341] ( Chapter 4.3 added by Stats. 2006, Ch. 638, Sec. 2. )

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    The commission must start public informational hearings within 45 days after receiving an application or motion for designation.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.3. Designation of Transmission Corridors [25330 - 25341] ( Chapter 4.3 added by Stats. 2006, Ch. 638, Sec. 2. ) ## 25335. (a) Within 45 days of receipt of the application or motion for designation, the commission shall commence public informational hearings in the county or counties where the proposed transmission corridor zone would be located. (b) The purpose of the hearings shall be to do all of the following: (1) Provide information about the proposed transmission corridor zone so that the public and interested agencies have a clear understanding of what is being proposed. (2) Explain the relationship of the proposed transmission corridor zone to the commission’s strategic plan for the state’s electric transmission grid, as set forth in the most recent integrated energy policy report adopted pursuant to Chapter 4 (commencing with Section 25300). (3) Receive initial comments about the proposed transmission corridor zone from the public and interested agencies. (4) Solicit information on reasonable alternatives to the proposed transmission corridor zone. (Added by Stats. 2006, Ch. 638, Sec. 2. Effective January 1, 2007.)
  10. 25336.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.3. Designation of Transmission Corridors [25330 - 25341] ( Chapter 4.3 added by Stats. 2006, Ch. 638, Sec. 2. )

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    The commission must hold a prehearing conference within 155 days after the final informational hearing, then issue a hearing order within 15 days of that conference, and then conduct the hearings under that order.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.3. Designation of Transmission Corridors [25330 - 25341] ( Chapter 4.3 added by Stats. 2006, Ch. 638, Sec. 2. ) ## 25336. (a) Within 155 days of the final informational hearing, the commission shall conduct a prehearing conference to determine the issues to be considered in hearings pursuant to this section, to identify the dates for the hearings, and to set forth filing dates for public comments and testimony from the parties and interested agencies. Within 15 days of the prehearing conference, the commission shall issue a hearing order setting forth the issues to be heard, the dates of the hearings, and the filing dates for comments and testimony. (b) The commission shall conduct hearings pursuant to the hearing order. The purpose of the hearings shall be to receive information upon which the commission can make findings and conclusions pursuant to Section 25337. (Added by Stats. 2006, Ch. 638, Sec. 2. Effective January 1, 2007.)
  11. 25337.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.3. Designation of Transmission Corridors [25330 - 25341] ( Chapter 4.3 added by Stats. 2006, Ch. 638, Sec. 2. )

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    The commission must issue a proposed decision after the hearings and within 180 days after certification of the environmental impact report.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.3. Designation of Transmission Corridors [25330 - 25341] ( Chapter 4.3 added by Stats. 2006, Ch. 638, Sec. 2. ) ## 25337. After the conclusion of hearings conducted pursuant to Section 25336, and no later than 180 days after the date of certification of the environmental impact report prepared pursuant to Section 25332, the commission shall issue a proposed decision that contains its findings and conclusions regarding all of the following matters: (a) Conformity of the proposed transmission corridor zone with the strategic plan adopted pursuant to Section 25324. (b) Suitability of the proposed transmission corridor zone with respect to environmental, public health and safety, land use, economic, and transmission-system impacts. (c) Mitigation measures and alternatives as may be needed to protect environmental quality, public health and safety, the state’s electric transmission grid, or any other relevant matter. (d) Other factors that the commission considers relevant. (Added by Stats. 2006, Ch. 638, Sec. 2. Effective January 1, 2007.)
  12. 25338.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.3. Designation of Transmission Corridors [25330 - 25341] ( Chapter 4.3 added by Stats. 2006, Ch. 638, Sec. 2. )

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    After designating a transmission corridor zone, the commission must post its decision online, send the decision and zone description to affected government bodies, and notify nearby property owners that the decision is available online.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.3. Designation of Transmission Corridors [25330 - 25341] ( Chapter 4.3 added by Stats. 2006, Ch. 638, Sec. 2. ) ## 25338. As soon as practicable after the commission designates a transmission corridor zone, it shall post a copy of its decision on its Internet Web site, send a copy of its decision, including a description of the transmission corridor zone, to each affected city, county, state agency, and federal agency, and notify property owners within or adjacent to the corridor of the availability of the decision on the commission’s Internet Web site. (Added by Stats. 2006, Ch. 638, Sec. 2. Effective January 1, 2007.)
  13. 25339.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.3. Designation of Transmission Corridors [25330 - 25341] ( Chapter 4.3 added by Stats. 2006, Ch. 638, Sec. 2. )

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    The commission must identify designated transmission corridor zones in later strategic plans, review and revise them at least every 10 years, follow chapter procedures when revising, and notify affected parties if a zone is no longer needed.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.3. Designation of Transmission Corridors [25330 - 25341] ( Chapter 4.3 added by Stats. 2006, Ch. 638, Sec. 2. ) ## 25339. After the commission designates a transmission corridor zone, it shall identify that transmission corridor zone in its subsequent strategic plans adopted pursuant to Section 25324. The commission shall regularly review and revise its designated transmission corridor zones as necessary, but not less than once every 10 years. In revising designations of transmission corridor zones, the commission shall follow the procedures of this chapter. If, upon regular review or at any other time, the commission finds that a transmission corridor zone is no longer needed, the commission shall revise or repeal the designation and, as soon as practicable, notify the affected cities, counties, state and federal agencies, and property owners within, or adjacent to, the transmission corridor zone. (Added by Stats. 2006, Ch. 638, Sec. 2. Effective January 1, 2007.)
  14. 25340.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.3. Designation of Transmission Corridors [25330 - 25341] ( Chapter 4.3 added by Stats. 2006, Ch. 638, Sec. 2. )

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    After notice from the commission, each city or county must consider a designated transmission corridor zone when deciding on land use changes that could affect the corridor’s ability to accommodate a planned transmission line.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.3. Designation of Transmission Corridors [25330 - 25341] ( Chapter 4.3 added by Stats. 2006, Ch. 638, Sec. 2. ) ## 25340. After receiving notice from the commission regarding the designation or revision of a transmission corridor zone within its jurisdiction, each city or county shall consider the designated transmission corridor zone when making a determination regarding a land use change within or adjacent to the transmission corridor zone that could affect its continuing viability to accommodate a transmission line planned within the transmission corridor zone. Nothing in this section shall preclude compatible uses within or adjacent to a designated transmission corridor zone. (Added by Stats. 2006, Ch. 638, Sec. 2. Effective January 1, 2007.)
  15. 25341.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.3. Designation of Transmission Corridors [25330 - 25341] ( Chapter 4.3 added by Stats. 2006, Ch. 638, Sec. 2. )

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    A city or county in a designated transmission corridor zone must notify the commission about certain development projects, include the application, and give the commission at least 60 days to comment.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.3. Designation of Transmission Corridors [25330 - 25341] ( Chapter 4.3 added by Stats. 2006, Ch. 638, Sec. 2. ) ## 25341. (a) Within a designated transmission corridor zone, within 10 days of accepting as complete an application pursuant to Section 65943 of the Government Code for a development project that a city or county determines would threaten the potential to construct a high-voltage electric transmission line, the city or county shall notify the commission of the proposed development project. The notice shall include a copy of the application, and set a deadline that is not less than 60 days from the date of the notice for the commission to provide written comments to the city or county regarding the proposed development project. (b) If the commission finds that the proposed development project would threaten the potential to construct a high-voltage electric transmission line within the designated transmission corridor zone, the commission shall provide written comments to the city or county. The commission may recommend revisions to, redesign of, or mitigation measures for the proposed development project that would eliminate or reduce the threat. (c) The city or county shall consider the commission’s comments, if any, prior to acting on the proposed development project. If the commission objects to the proposed development project, the city or county shall provide a written response that shall address in detail why it did not accept the commission’s comments and recommendations. (Added by Stats. 2006, Ch. 638, Sec. 2. Effective January 1, 2007.)
  16. 25350.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.5. Petroleum Supply and Pricing [25350 - 25367] ( Chapter 4.5 added by Stats. 1980, Ch. 1055, Sec. 4. )

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    The Legislature says petroleum is important to California and that the state needs ongoing information about the industry to respond to supply disruptions and develop energy policy.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.5. Petroleum Supply and Pricing [25350 - 25367] ( Chapter 4.5 added by Stats. 1980, Ch. 1055, Sec. 4. ) ## 25350. (a) The Legislature finds and declares that the petroleum industry is an essential element of the California economy and is therefore of vital importance to the health and welfare of all Californians. (b) The Legislature further finds and declares that a complete and thorough understanding of the operations of the petroleum industry is required by state government at all times to enable it to respond to possible shortages, oversupplies, or other disruptions and to assess whether all consumers, including emergency service agencies, state and local government agencies, and agricultural and business consumers of petroleum products have adequate and economic supplies of fuel. (c) The Legislature further finds and declares that information and data concerning all aspects of the petroleum industry, including, but not limited to, crude oil production, production and supplies of finished branded and unbranded gasoline, supplies of diesel fuel and other distillates, supplies of blendstocks used to make gasoline and other refined products, refining, product output, exports of finished gasoline, diesel fuel, and blendstocks, prices, distribution, demand, and investment choices and decisions are essential for the state to develop and administer energy policies that are in the interest of the state’s economy and the public’s well-being. (Amended by Stats. 2000, Ch. 288, Sec. 3. Effective January 1, 2001.)
  17. 25352.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.5. Petroleum Supply and Pricing [25350 - 25367] ( Chapter 4.5 added by Stats. 1980, Ch. 1055, Sec. 4. )

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    This chapter may be cited as the Petroleum Industry Information Reporting Act of 1980.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.5. Petroleum Supply and Pricing [25350 - 25367] ( Chapter 4.5 added by Stats. 1980, Ch. 1055, Sec. 4. ) ## 25352. This chapter shall be known and may be cited as the Petroleum Industry Information Reporting Act of 1980. (Added by Stats. 1980, Ch. 1055, Sec. 4. Effective September 26, 1980.)
  18. 25354.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.5. Petroleum Supply and Pricing [25350 - 25367] ( Chapter 4.5 added by Stats. 1980, Ch. 1055, Sec. 4. )

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    Refiners, major marketers, and some other oil-related operators must file specified information with the commission on monthly, annual, weekly, daily, or advance-notice schedules depending on the activity.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.5. Petroleum Supply and Pricing [25350 - 25367] ( Chapter 4.5 added by Stats. 1980, Ch. 1055, Sec. 4. ) ## 25354. (a) Each refiner and major marketer shall submit information each month to the commission in such form and extent as the commission prescribes pursuant to this section. For purposes of this section, the term “refiner” and “refinery” shall include refiners and refineries as defined in Sections 25127 and 25128, and also those persons and facilities that process renewable feedstocks instead of crude oil feedstocks and otherwise meet the definitions in Sections 25127 and 25128. The information shall be submitted within 30 days after the end of each monthly reporting period and shall include the following: (1) Refiners shall report, by volume, price, and type, for each of their refineries, feedstock inputs, origin of petroleum receipts, imports of finished petroleum products and blendstocks and ethanol, including the source of those imports, exports of finished petroleum products and blendstocks and ethanol, including the destination of those exports and the entity receiving those exports, refinery outputs, refinery stocks, finished product supply and distribution, including all gasoline sold unbranded by the refiner, blender, or importer, and all current inventories of refined and unrefined petroleum products. (2) Major marketers shall report, by volume, price, and type, on petroleum product receipts and the sources of these receipts, inventories of finished petroleum products and blendstocks and ethanol, distributions through branded and unbranded distribution networks, and exports of finished petroleum products and blendstocks and ethanol from the state. (b) Each major oil producer, refiner, marketer, oil transporter, oil storer, pipeline operator, or port through which refined gasoline is imported or exported, shall annually submit information to the commission in such form and extent as the commission prescribes pursuant to this section. The information shall be submitted within 30 days after the end of each reporting period, and shall include the following: (1) Major oil transporters shall report on petroleum by reporting the capacities of each major transportation system, the amount transported by each system, and inventories thereof. The commission may prescribe rules and regulations that exclude pipeline and transportation modes operated entirely on property owned by major oil transporters from the reporting requirements of this section if the data or information is not needed to fulfill the purposes of this chapter. The provision of the information shall not be construed to increase or decrease any authority the Public Utilities Commission may otherwise have. (2) Major oil storers shall report on storage capacity, inventories, receipts and distributions, and methods of transportation of receipts and distributions. (3) Major oil producers shall, with respect to thermally enhanced oil recovery operations, report annually by designated oil field, the monthly use, as fuel, of crude oil and natural gas. (4) Refiners shall report on facility capacity, and utilization and method of transportation of refinery receipts and distributions. (5) Major oil marketers shall report on facility capacity and methods of transportation of receipts and distributions. (6) Pipeline operators and port operators shall report their capacities for all pipelines and ports used to transport refined gasoline. (7) All major oil producers, refiners, marketers, oil transporters, oil storers, pipeline operators, or port operators submitting information under this subdivision shall include in the report for each reporting period the full names of all persons or entities that directly or indirectly own 10 percent or more of the major oil producer, refiner, marketer, oil transporter, oil storer, pipeline operator, or port operator submitting the information. (c) Each person required to report pursuant to subdivision (a) shall submit a projection each month of the information to be submitted pursuant to subdivision (a) for the quarter following the month in which the information is submitted to the commission. (d) In addition to the data required under subdivision (a), each integrated oil refiner that produces, refines, transports, and markets in interstate commerce and that supplies more than 500 branded retail outlets in California shall submit to the commission an annual industry forecast for Petroleum Administration for Defense, District V, covering Alaska, Arizona, California, Hawaii, Nevada, Oregon, and Washington. The forecast shall include the information to be submitted under subdivision (a), and shall be submitted by March 15 of each year. The commission may require California-specific forecasts only if the commission finds them necessary to carry out its responsibilities. (e) The commission may by order or regulation modify the reporting period as to any individual item of information setting forth in the order or regulation its reason for so doing. (f) (1) Destination facilities shall submit to the commission, by deadlines set by the commission, the following information regarding crude oil transported to or within California via rail car or marine vessel: (A) The route of transport within California. (B) The marketable crude oil name. (C) The loading facility, including the loading facility name, and the latitude, longitude, and state where the facility is located. (D) The name of the destination facility, the type of facility, and the latitude and longitude where the facility is located. (E) Whether the crude oil is nonfloating oil, as defined in Section 8670.3 of the Government Code. (2) The commission shall quarterly prepare and make available to the public a report based on the data collected pursuant to paragraph (1) that shall include, at a minimum, the routes of transport of crude oil within California, the types of crude oil transported over each of those routes, and the frequency with which nonfloating oil has been transported over each of those routes during the reporting period. The commission shall aggregate information used in a report prepared under this paragraph to the extent necessary to assure confidentiality if public disclosure of the specific information or data would result in unfair competitive disadvantage to the person supplying the information or would adversely affect market competition. (3) The commission may require additional information to be submitted as necessary to perform its responsibilities under this chapter. (g) Any person required to submit information or data under this chapter, in lieu thereof, may submit a report made to any other governmental agency, if: (1) The alternate report or reports contain all of the information or data required by this chapter. (2) The person clearly identifies the specific provision of this chapter to which the alternate report is responsive. (h) Each refiner shall submit to the commission, within 30 days after the end of each monthly reporting period, all of the following information in such form and extent as the commission prescribes: (1) Monthly California weighted average prices and sales volumes of finished leaded regular, unleaded regular, and premium motor gasoline sold through company-operated retail outlets, to other end-users, and to wholesale customers. (2) Monthly California weighted average prices and sales volumes for residential sales, commercial and institutional sales, industrial sales, sales through company-operated retail outlets, sales to other end-users, and wholesale sales of No. 2 diesel fuel, No. 2 fuel oil, and any renewable fuels. (3) Monthly California weighted average prices and sales volumes for retail sales and wholesale sales of No. 1 distillate, kerosene, finished aviation gasoline, kerosene-type jet fuel, No. 4 fuel oil, residual fuel oil with 1 percent or less sulfur, residual fuel oil with greater than 1 percent sulfur, and consumer grade propane. (i) (1) Beginning the first week after January 1, 2004, and each week thereafter, an oil refiner, oil producer, petroleum product transporter, petroleum product marketer, petroleum product pipeline operator, and terminal operator, as designated by the commission, shall submit a report in the form and extent as the commission prescribes pursuant to this section. The commission may determine the form and extent necessary by order or by regulation. (2) A report may include any of the following information: (A) Receipts and inventory levels of crude oil and petroleum products at each refinery and terminal location. (B) Amount of gasoline, diesel, jet fuel, blending components, and other petroleum products imported and exported. (C) Amount of gasoline, diesel, jet fuel, blending components, and other petroleum products transported intrastate by marine vessel. (D) Amount of crude oil imported, including information identifying the source of the crude oil. (E) The regional average of invoiced retailer buying price. This subparagraph does not either preclude or augment the current authority of the commission to collect additional data under paragraph (3) of subdivision (f). (F) Copies of all contracts or agreements entered into, or amendments to contracts or agreements, with other oil refiners, oil producers, petroleum product transporters, petroleum product marketers, petroleum product pipeline operators, terminal operators, or any other entity that trades in petroleum products whether or not those entities take possession of petroleum products, as designated by the commission, during the monthly reporting period, along with records of every transaction made under those contracts or agreements and the prices charged for those transactions. (3) This subdivision is intended to clarify the commission’s existing authority under subdivision (f) to collect specific information. This subdivision neither precludes nor augments the existing authority of the commission to collect information. (j) All importers of refined products and renewable fuels via marine vessel shall report to the commission, at least 96 hours before the arrival of a marine vessel delivery to California, all of the following information: (1) The name of the product tanker or name of the barge, including associated tug name. (2) The loading location or locations for cargo. (3) The volume by each type of transportation fuel, such as gasoline, gasoline blending components, diesel fuel, renewable diesel fuel, jet fuel, sustainable aviation fuel, biodiesel, and ethanol. (4) The cargo landed cost, including the cost incurred to purchase, load, transport, and all other costs and fees to deliver, each type of transportation fuel, such as gasoline, gasoline blending components, diesel fuel, renewable diesel fuel, jet fuel, sustainable aviation fuel, biodiesel, and ethanol. (5) The status of any transportation fuel as sold before discharge, the identity of the buyer for any presold product, and the sale price of any presold product. (6) The planned discharge location, such as the marine berth designation, or locations. (7) The foreign, domestic, and intrastate marine movements of the vessel from the port of origin to the port of delivery of the cargo. (k) Nonrefiners, such as proprietary storage companies, that commercially trade in gasoline, gasoline blending components, diesel fuel, or renewable diesel fuel inventory not subject to contractual supply obligations, shall submit weekly reports to the commission, starting 30 days after the effective date of the act adding this subdivision, that include the weekly inventory volume, by type, such as gasoline, gasoline blending components, diesel fuel, or renewable fuels, for each position holder by name of company, and copies of all contracts or agreements entered into with any refiners, oil producers, petroleum product transporters, petroleum product marketers, petroleum product pipeline operators, terminal operators, or any other entity that trades in petroleum products whether or not those entities take possession of those products, as designated by the commission. (l) Refiners and nonrefiners that consummate spot market transactions shall submit a daily report to the commission, starting 30 days after the effective date of the act adding this subdivision, that includes all of the following information for each transaction occurring during the preceding day: (1) The identity of the spot market where the transaction occurred. (2) Whether the transaction was reported to the Oil Price Information Service (OPIS), or any other price reporting service, and the time of the reporting. (3) The date of the transaction. (4) The time of the transaction. (5) The contract identification number for the transaction. (6) The position sequence number for the transaction. (7) The contract position identification number for the transaction. (8) The name, or nonanonymized identification of the executing trader for the transaction. (9) The counterparty for the transaction, including company name and name or nonanonymized identification of the executing trader. (10) Whether the reporting entity is the seller or buyer. (11) The broker, including company name and name or nonanonymized identification of the executing broker. (12) The type of refined transportation fuel, such as gasoline, diesel, or jet fuel. (13) The product name for each type of refined transportation fuel. (14) The volume of each transaction in thousands of barrels, or specified unit of measurement if unable to be indicated in thousands of barrels. (15) The invoiced volume of each transaction in thousands of barrels, or specified unit of measurement if unable to be indicated in thousands of barrels. (16) The time and date the material that is the subject of the transaction is scheduled to be delivered or was delivered. (17) The delivery location specified in the contract for the transaction and the actual delivery location. (18) The method of transportation for the delivery, such as pipeline, marine vessel, or truck, and the name of the transport. (19) The actual title transfer date. (20) The contract subcycle, including descriptors such as “Any,” “L3,” “FH,” “BH,” “C1,” “C2,” “C3,” or “C4.” (21) The type of pricing method, including exchange of futures for physical (EFP), fixed price, fixed date range, floating date range, reference formula, OPIS close, event-related date range, such as three days on and around delivery or discharge, or any other utilized method of pricing. (22) The contract price formula, including the differential from any contract formula and the unit of measurement for any price differential. (23) The pricing start and end dates for each contract. (24) The price value of the contract. (25) For EFP contracts, the name of the futures product, the contract month of the futures product expressed as the two-digit month and the two-digit year (MM-YY), and the price value of the futures product. (m) It is the intent of the Legislature that all refiners shall, while protecting the health and safety of the public and employees, schedule planned maintenance and turnaround in a manner that ensures minimum levels of transportation fuels in production or reserves necessary to prevent supply shortages or price spikes. To advance that purpose, refiners shall report maintenance activities for each refinery to the commission as follows: (1) Notwithstanding any other law, a refiner shall notify the executive director of the commission of all plans to undertake turnaround and planned maintenance. A refiner’s notification shall include, at a minimum, all of the following information: (A) A brief description of planned work. (B) The scheduled start date. (C) The scheduled return-to-service date. (D) The individual process units involved. (E) The name and operational capacity of each process unit. (F) The estimated daily decrease in output of material or substance produced by the unit, such as gasoline, diesel, or jet fuel components. (G) The projected quantity of contractual supply obligations for finished gasoline due during the planned maintenance event or turnaround. (H) The drawdown of inventory levels of gasoline and gasoline blending components and other material or substance produced by the unit that are controlled by the refiner at the refinery and at other storage locations in California during the planned maintenance event or turnaround, the current levels of such inventories at the time notice is provided, and the anticipant levels of such inventories immediately before the commencement of the planned maintenance event or turnaround. (I) Imports of gasoline and gasoline blend components and other material or substance produced by the unit in preparation for or during the planned maintenance event. (J) Planned purchases of gasoline and gasoline blending components and other material or substance produced by the unit from other market participants in California related to the planned maintenance event. (K) Planned reductions of noncontracted sales of gasoline or other material or substance produced by the unit related to the planned maintenance event. (2) The refiner’s notification shall be submitted to the executive director of the commission at least 120 days before the planned maintenance or turnaround. (3) Before submitting its turnaround schedule notification to the Division of Occupational Safety and Health pursuant to Section 7872 of the Labor Code, each refiner shall submit its turnaround schedule to the executive director of the commission. When submitting its schedule to the division, each refiner shall indicate that, for each scheduled turnaround, the notification to the commission was submitted. (4) For unplanned maintenance resulting in a shutdown of a refinery process of greater than 24 hours, submit initial and final reports as follows: (A) The initial report, due within 48 hours of the initial outage, shall include all of the following information: (i) The name and operational capacity of each process unit involved in the unplanned outage. (ii) The initial estimated daily decrease in output of gasoline, diesel, and jet fuel components from each process unit affected by the unplanned outage. (iii) The current inventory levels of the material or substance produced by the unit affected by the unplanned outage that are controlled by the refiner at the refinery and at other storage locations in California during the unplanned maintenance event. (iv) A description of the reason for the unplanned maintenance or outage. (v) The projected duration of production reduction. (B) The final report, due within 48 hours of the completion of repairs, shall include all of the following information: (i) The return-to-service date. (ii) The total decreased output of gasoline, diesel, and jet fuel components from each of the affected process units. (iii) The total increased output from other process units by type of refined product to partially compensate for the reduced output from the process units affected by the unplanned outage. (iv) The amount of material obtained from other sources that compensated for the decrease described in clause (ii) and enabled the refiner to cover for the loss of that production. (v) The drawdown of inventory levels of any material or substance produced by the unit that are controlled by the refiner at the refinery and at other storage locations in California during the unplanned maintenance event. (5) Upon receipt of a notification under this subdivision, the executive director of the commission shall review the notification and may request any additional information from the refiner that is necessary for the commission to assess the potential effect of the planned maintenance event on the supply and prices of transportation fuels in the state. (n) (1) Notwithstanding any other law, information in the notification provided to the commission by a refiner providing a notice or report of its planned maintenance, unplanned maintenance, or turnaround schedule, including notifications under subdivision (m) shall be considered confidential information not subject to public disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). The commission may share the information with other state agencies, including the Attorney General, only if the other state agency agrees to maintain the confidentiality of the information. (2) The commission may adopt guidelines to prescribe the manner in which the executive director of the commission shall implement subdivision (m) at a commission business meeting. The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to any regulations, guidelines, or other standards adopted by the commission pursuant to this paragraph. (o) Refiners shall report annually to the commission their planned production levels and schedule for turnarounds and planned maintenance for the following 12 months, by month and by finished product. (p) (1) The operator of any refinery in this state shall report to the commission at least 12 months in advance if that refinery operator intends to permanently shut down, shut down to reconfigure, or sell a refinery in a transaction that may result in a refinery shutting down or reconfiguring. (2) Upon receipt of a notice pursuant to paragraph (1), the commission shall notify the Legislature in a manner that does not disclose confidential information, if applicable. (3) After the completion of the report by the commission required by Section 25371 and its submission to the Legislature, the commission may modify the notice required under this subdivision. The commission shall not reduce the notice period to less than 12 months. (q) (1) (A) For purposes of this subdivision, “reportable pipeline” means a pipeline that delivers crude oil to one or more crude oil refineries in California for processing into transportation fuels, except as specified in subparagraph (B). (B) “Reportable pipeline” does not include a pipeline whose closure would not cause a significant reduction, as defined pursuant to paragraph (4), in the quantity of crude oil that one or more crude oil refineries in California receive for processing. (2) Commencing March 30, 2027, and each month thereafter, the operator of a reportable pipeline shall submit the following information about the pipeline to the commission within 30 days after the end of each monthly reporting period: (A) Minimum operating volume of the pipeline in a 24-hour period necessary to ensure safe operations for crude oil transport and a description of relevant operational constraints. (B) Maximum operating volume of the pipeline in a 24-hour period possible while ensuring safe operations for crude oil transport. (C) Volume of crude oil delivered each day. (D) Number of hours in operation each day. (E) Maximum nameplate capacity. (F) Maximum available capacity. (3) The commission shall work with stakeholders, including, but not limited to, refiners and pipeline operators, to identify, on or before December 31, 2026, those pipelines that meet the definition of a reportable pipeline. (4) The commission shall, for purposes of this subdivision, define what constitutes a significant reduction in the quantity of the crude oil that one or more refineries receive for processing. (Amended by Stats. 2025, Ch. 657, Sec. 1. (SB 767) Effective January 1, 2026.)
  19. 25354.2.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.5. Petroleum Supply and Pricing [25350 - 25367] ( Chapter 4.5 added by Stats. 1980, Ch. 1055, Sec. 4. )

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    The commission must consider ways to manage refinery turnarounds and maintenance, and it may adopt regulations on timing and other requirements.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.5. Petroleum Supply and Pricing [25350 - 25367] ( Chapter 4.5 added by Stats. 1980, Ch. 1055, Sec. 4. ) ## 25354.2. (a) The commission, in consultation with the Labor and Workforce Development Agency and labor and industry stakeholders, shall consider ways to manage necessary refinery turnarounds and maintenance that would protect the health and safety of employees, local communities, and the public, and minimize the impact of maintenance-related production losses on fuel prices. The commission may, by regulation, impose requirements governing the timing of turnaround and maintenance developed through consultations under this section. (b) Regulations adopted under this section shall do, but not be limited to, both of the following: (1) Protect the health and safety of employees, local communities, and the public. (2) Include criteria that are required to be met before a refinery commences a turnaround or maintenance event, including, but not limited to, demonstrating to the satisfaction of the executive director of the commission, through a report required by subdivision (m) of Section 25354, that the refiner has made resupply plans or other arrangements sufficient to ensure that the loss of production during the turnaround or maintenance event does not adversely affect the California transportation fuels market. (c) This section does not modify any requirements of, or standards issued pursuant to, Section 6311 of, or Part 7.5 (commencing with Section 7850) of Division 5 of, the Labor Code, including the authority of employees to perform an emergency shutdown of the refinery and necessary maintenance work for safety. (d) A regulation adopted, or action taken, pursuant to this section shall not excuse an employer’s compliance with the skilled and trained workforce and wage requirements set forth in Section 25536.7 of the Health and Safety Code. (Amended by Stats. 2024, 2nd Ex. Sess., Ch. 1, Sec. 1. (AB 1 2x) Effective January 13, 2025.)
  20. 25354.4.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.5. Petroleum Supply and Pricing [25350 - 25367] ( Chapter 4.5 added by Stats. 1980, Ch. 1055, Sec. 4. )

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    The commission may set minimum fuel-inventory requirements for refiners, but only after making a consumer-benefit finding, and it must also follow listed safeguards, reporting duties, and labor-related limits.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.5. Petroleum Supply and Pricing [25350 - 25367] ( Chapter 4.5 added by Stats. 1980, Ch. 1055, Sec. 4. ) ## 25354.4. (a) The commission, in consultation with the Independent Consumer Fuels Advisory Committee established pursuant to Section 25373, shall consider the effects of refiners’ inventories of fuel and feedstocks and blending components on the price of transportation fuels in California. The commission may, by regulation, develop and impose requirements for refiners operating in the state to maintain minimum levels of inventories of refined transportation fuels meeting California specifications, including any feedstocks and blending components for those fuels. (b) Regulations adopted under this section shall protect the health and safety of employees, local communities, and the public, and shall provide for all of the following: (1) A process for establishing minimum inventory levels specified for each refiner or each refining region, and for each fuel or blending component type. (2) A process for maximizing the use of existing storage infrastructure. (3) A process for waiving, if appropriate, minimum inventory requirements for a small refinery, as defined in Section 80.2 of Title 40 of the Code of Federal Regulations, as that section read on the effective date of the bill that added this section, if the refiner of the small refinery demonstrates that those requirements would impose a disproportionate economic hardship. (4) A process for adjusting, if appropriate, minimum inventory requirements for one or more refiners based on region, season, refinery size and storage capacity, and changes in regional or statewide supply and demand for refined transportation fuels meeting California specifications. (5) Market conditions under which a refiner would be permitted or required to draw down its inventories below an established level and requirements for the rebuilding of those drawn-down inventories, including a metric or threshold based on market conditions that would automatically require a refiner to draw down inventories and provide that fuel to the market. (c) Notwithstanding subdivision (a), the commission shall not adopt a regulation pursuant to this section unless it finds that the likely benefits to consumers from avoiding price volatility outweigh the potential costs to consumers. In making that determination, the commission shall consider all of the following factors, but no single factor shall be determinative: (1) Whether it is likely that the minimum levels of inventories of refined transportation fuels will lead to greater supply in the California transportation fuels market than would exist without the minimum levels of inventories. (2) Whether it is likely that the minimum levels of inventories of refined transportation fuels will lead to lower average retail prices on an annual basis than would exist without the minimum levels of inventories, and whether it is likely that the minimum levels of inventories will reduce the severity of retail price volatility. (3) Whether easing of supply chain inefficiencies or constraints would lead to greater supply in the California transportation fuels market than requirements to establish minimum levels of inventories of refined transportation fuels. (4) Whether it is likely that supply gains achieved through the adoption of the minimum levels of inventories of refined transportation fuels will be offset by actions of market participants not subject to these regulations and thereby have the effect of reducing supply in the market. (d) (1) A regulation adopted under this section shall not modify any requirements of, or standards issued pursuant to, Section 6311 of, or Part 7.5 (commencing with Section 7850) of Division 5 of, the Labor Code, including the authority of employees to perform an emergency shutdown of the refinery and necessary maintenance work for safety. (2) A regulation adopted, or action taken, pursuant to this section shall not excuse an employer’s compliance with the skilled and trained workforce and wage requirements set forth in Section 25536.7 of the Health and Safety Code. (e) In developing or amending regulations adopted under this section, the commission may consider the use of a compliance mechanism for each refiner that is tradable between or within each refining region for refiners to meet the minimum inventory requirements adopted pursuant to this section. (f) The commission shall not apply a minimum inventory requirement under this section to a refiner in a manner that would be met only by the construction of additional storage infrastructure, as determined by the commission. (g) One year after the adoption of any regulation pursuant to this section, and each year thereafter in which a regulation pursuant to this section is in effect, the commission shall submit a report to the Legislature, in accordance with Section 9795 of the Government Code, that includes a reevaluation of the effectiveness of that regulation, including whether the regulation continues to meet the cost effectiveness test described in subdivision (c), and shall provide an update on the factors identified in subdivision (c) regarding the implemented regulation. (h) For purposes of this section, “refining region” means the two in-state regions of concentrated refineries, where the preponderance of refining capacity is located in the San Francisco Bay area and the Los Angeles area. (i) This section shall remain in effect only until January 1, 2033, and as of that date is repealed. (Added by Stats. 2024, 2nd Ex. Sess., Ch. 1, Sec. 2. (AB 1 2x) Effective January 13, 2025. Repealed as of January 1, 2033, by its own provisions.)
  21. 25355.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.5. Petroleum Supply and Pricing [25350 - 25367] ( Chapter 4.5 added by Stats. 1980, Ch. 1055, Sec. 4. )

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    Refinery operators meeting the stated criteria must file a monthly report with the commission, and the commission must later post the reported and independently calculated margin data online.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.5. Petroleum Supply and Pricing [25350 - 25367] ( Chapter 4.5 added by Stats. 1980, Ch. 1055, Sec. 4. ) ## 25355. (a) For purposes of this section, the following definitions apply: (1) “Gross gasoline refining margin” means the difference, expressed in dollars per barrel, between the volume-weighted average price of wholesale gasoline sold by a refiner in the state and the average price of crude oil received by the refinery. (2) “Net gasoline refining margin” means the gross gasoline refining margin minus the refinery’s operational costs. (3) “Operational costs” means costs, expressed in dollars per barrel, necessarily incurred by the operator of a refinery in the state to produce gasoline meeting California specifications, including, but not limited to, costs of labor, electricity, natural gas, chemicals, maintenance, hydrogen, and other intermediate oil products, federal renewable identification numbers, obligation costs, capital investments, logistics costs, and additive costs. (b) Within 30 days of the end of each calendar month, the operator of each refinery operating in the state that produces gasoline meeting California specifications shall submit to the commission a report for the refinery containing all of the following information: (1) The volume, in barrels, of crude oil received in that month, separated into domestic and foreign subtotals. (2) The volume-weighted average crude oil acquisition cost paid for crude oil that is received and intended to be refined during that month, separated into domestic and foreign crude oil acquisition costs. (3) The volume in barrels of refined gasoline received or imported in that month from entities other than the refiner. (4) The volume-weighted average cost of any refined gasoline received or imported by a refiner during that month. (5) The quantity, in barrels, of wholesale gasoline meeting California specifications sold and the corresponding volume-weighted average prices, less all applicable local, state, and federal taxes, separated by unbranded rack sales, branded rack sales, bulk sales, spot pipeline sales, and dealer tankwagon (DTW) sales in that month. (6) Separate quantification of the volume-weighted fees or estimated valuations of costs embedded in all wholesale gasoline sales associated with the low-carbon fuel standard (LCFS) and associated with the cap and trade cap-at-the-rack (CAR) program, for each volume-weighted average price for: (A) unbranded rack sales, (B) branded rack sales, (C) bulk sales, (D) spot pipeline sales, and (E) DTW sales, in that month. (7) The gross gasoline refining margin per barrel of gasoline sold in that month. (8) The operational costs per barrel of gasoline sold in that month, including a complete description and amount of each category of cost identified in paragraph (3) of subdivision (a) and any other category of cost. (9) The net gasoline refining margin per barrel of gasoline sold in that month. (c) Within 45 days of the end of each calendar month, the commission shall post on its internet website all of the following: (1) The gross gasoline refining margin data reported pursuant to this section for that month, and any gross gasoline refining margin independently calculated by the commission, as a volume-weighted gross refining margin in aggregate for all the combined refineries in the state. (2) The gross gasoline refining margin data reported for that month, and any gross gasoline refining margin independently calculated by the commission, in aggregate for each refiner with more than one refinery operating within California. (3) The net gasoline refining margin data reported pursuant to this section for that month, and any net gasoline refining margin independently calculated by the commission, as a volume-weighted net refining margin in aggregate for all the combined refineries in the state. (4) The net gasoline refining margin data reported for that month, and any net gasoline refining margin independently calculated by the commission, in aggregate for each refiner with more than one refinery operating within the state. (5) The aggregated data submitted pursuant to paragraphs (1) through (4), inclusive, of subdivision (b) for that month. (Amended by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 4. (SB 2 1x) Effective June 26, 2023.)
  22. 25355.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.5. Petroleum Supply and Pricing [25350 - 25367] ( Chapter 4.5 added by Stats. 1980, Ch. 1055, Sec. 4. )

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    This section lets the commission set a maximum gross gasoline refining margin and related penalties, while requiring notice, comment, and review procedures.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.5. Petroleum Supply and Pricing [25350 - 25367] ( Chapter 4.5 added by Stats. 1980, Ch. 1055, Sec. 4. ) ## 25355.5. (a) For purposes of this section, the following definitions apply: (1) “Gross gasoline refining margin excluding state program costs” means the amount, expressed in dollars per barrel and calculated by the commission on a monthly basis, equal to the volume-weighted average rack price of wholesale gasoline sold by a refiner in the state, less the volume-weighted fees or estimated valuations of costs embedded in all of the refiner’s wholesale gasoline sales associated with the low carbon fuel standard and the cap and trade cap-at-the-rack program, less the refiner’s volume-weighted average acquisition cost. (2) “Maximum gross gasoline refining margin” means the maximum amount of gross gasoline refining margin excluding state program costs established under subdivision (b). (3) “Volume-weighted average acquisition cost” means the combined volume-weighted average of the refiner’s volume-weighted average crude oil acquisition cost and the refiner’s volume-weighted cost of acquiring refined gasoline imported to California or received from an entity other than the refiner. (4) “Volume-weighted average rack price of wholesale gasoline” means the combined volume-weighted average of the refiner’s rack price of the branded and unbranded rack sales reported under paragraph (5) of subdivision (b) of Section 25355. (5) “Volume-weighted average crude oil acquisition cost” means the amount reported as required by paragraph (2) of subdivision (b) of Section 25355. (b) The commission may, by regulation or order at a business meeting, subject to the requirements of subdivision (f), set a maximum gross gasoline refining margin. (c) (1) If the commission sets a maximum gross gasoline refining margin under subdivision (b), it shall also establish a penalty for exceeding that maximum margin, by regulation or order at a business meeting, subject to the requirements of subdivision (f), that may be the same meeting described in subdivision (b). (2) The penalty shall be a percentage of the amount by which the refiner’s gross gasoline refining margin excluding state program costs exceeds the maximum gross gasoline refining margin, converted from dollars per barrel to dollars per gallon, multiplied by the number of gallons sold by the refiner during the calendar month for all transactions described in paragraph (6) of subdivision (b) of Section 25355. (3) Subject to subdivision (j), the penalty shall be tiered, such that the penalty percentage shall increase with the amount by which the refiner’s gross gasoline refining margin excluding state program costs exceeds the maximum gross gasoline refining margin, as follows: (A) Amounts earned by a refiner that exceed the maximum gross gasoline refining margin by less than ten cents ($0.10) per gallon shall be subject to the base penalty percentage set by the commission. (B) Amounts earned by a refiner that exceed the maximum gross gasoline refining margin by ten cents ($0.10) to twenty cents ($0.20), inclusive, per gallon shall be subject to a penalty percentage higher than the base penalty percentage. (C) Amounts earned by a refiner that exceed the maximum gross gasoline refining margin by more than twenty cents ($0.20) per gallon shall be subject to a penalty percentage higher than the penalty percentage set under subparagraph (B). (d) In establishing a maximum gross gasoline refining margin and penalty, the commission shall consider information reported under subdivision (b) of Section 25355 and any other public data and reports that it determines will assist its analysis. The commission shall also consider confidential information submitted pursuant to Sections 25354 and 25355. A refiner may submit additional information and facts for the commission to consider under an application for confidential designation pursuant to Section 25364. (e) The commission shall not set a maximum gross gasoline refining margin or accompanying penalty under subdivisions (b) and (c), respectively, unless it finds that the likely benefits to consumers outweigh the potential costs to consumers. In making that determination, the commission shall consider all factors that in its discretion it deems relevant, including at a minimum all of the following factors, although no one factor shall be determinative: (1) Whether it is likely that the maximum gross gasoline refining margin and penalty will lead to a greater imbalance between supply and demand in the California transportation fuels market than would exist without the maximum margin and penalty. (2) Whether it is likely that the maximum gross gasoline refining margin and penalty will lead to higher average prices at the pump on an annual basis than would exist without the maximum margin and penalty. (3) Whether case-by-case exemptions from the gross gasoline refining maximum margin will be sufficient to ensure that individual refiners have an opportunity to demonstrate the need for a greater margin before they make decisions about production. (f) Decisions of the commission under subdivision (b) to adopt a regulation or order setting a maximum gross gasoline refining margin, under subdivision (c) to adopt a regulation or order establishing a penalty for exceeding the maximum gross gasoline refining margin, under subdivision (e) regarding the benefits and costs to consumers, and under subdivision (k) regarding adjustments to, or rescission of, the maximum gross gasoline refining margin or penalty, shall be made in accordance with all of the following procedures: (1) A notice and draft decision, regulation, or order shall be posted publicly at least 30 days before the business meeting at which adoption of the decision, regulation, or order will be considered. (2) The commission shall receive written comments on the draft decision, regulation, or order. (3) The commission shall hear public comment on the draft decision, regulation, or order at its business meeting. (g) If the commission has set a maximum gross gasoline refining margin and penalty, the margin and penalty shall take effect 60 days following the commission’s regulation or order establishing the margin and penalty pursuant to subdivisions (b) and (c), respectively. Within 15 days of the regulation or order establishing a maximum gross gasoline refining margin and penalty, the commission shall notify refiners by a means determined by the commission that may include, but is not limited to, mail, email, or internet website posting. (h) If the commission has set a maximum gross gasoline refining margin under subdivision (b), it shall be a violation of this section for a refiner to exceed the maximum gross gasoline refining margin. (i) In addition to any other remedy that may be available, the commission may petition a court to enjoin a refiner from violating this section. (j) The commission may impose an administrative civil penalty for a violation of this section in the amounts established pursuant to subdivision (c). (k) The commission may, by regulation or order, at a business meeting, subject to the requirements of subdivision (f), rescind or adjust the maximum gross gasoline refining margin and the penalty percentages and amounts specified in subdivisions (b) and (c) to ensure that a sufficient, affordable, and fairly priced supply of gasoline is available to Californians. A refiner may submit information and facts for the commission to consider in support of any rescission or adjustment under an application for confidential designation pursuant to Section 25364. Rescission of, or adjustments to, the maximum gross gasoline refining margin and the penalty percentages and amounts specified in subdivisions (b) and (c), respectively, pursuant to this subdivision shall be effective on the first day of the calendar month at least 15 days after the commission gives public notice of the rescission or adjustment, unless the commission orders otherwise. (l) Notwithstanding Section 25901 and except as provided in subdivision (n), a petition for writ of mandate pursuant to Section 1085 of the Code of Civil Procedure shall be the exclusive remedy available to challenge any regulation, order, decision, rule, guideline, or adjudication of an exemption request adopted by the commission under this section. The court’s review shall be limited exclusively to the record before the commission. Any petition shall be filed within 30 days of the commission’s decision. (m) (1) The commission shall consider a refiner’s request for an exemption from the maximum gross gasoline refining margin and shall grant the exemption upon a showing by the refiner, based on competent and reliable evidence and subject to the commission’s review, examination, and investigation of the evidence, that an application of the maximum gross gasoline refining margin would be unconstitutional as applied to the refiner. The commission may, in its discretion, grant a request for an exemption upon a showing by the refiner of good cause for an exemption, subject to alternative maximum margins or other conditions as the commission may set. (2) Any refiner seeking an exemption shall, at a minimum, file a statement with the commission, signed under penalty of perjury, setting forth the facts that form the basis for the request for exemption. A refiner may submit information and facts under an application for confidential designation pursuant to Section 25364 to support its application for an exemption. (n) (1) Before imposing the administrative civil penalty under subdivision (j), the executive director of the commission shall issue and serve a complaint on the refiner, and the commission shall hold a hearing, adopt a decision, and require payment of the penalty in accordance with the procedures described in subdivisions (a) to (d), inclusive, of Section 25534.1. (2) Judicial review and enforcement of an order imposing an administrative civil penalty under subdivision (j) may be had in accordance with the procedures described in subdivisions (a) and (b) of Section 25534.2. (3) Penalties collected under this section shall be deposited into the Price Gouging Penalty Fund, which is hereby created in the State Treasury and shall be used, upon appropriation by the Legislature, to address any consequences of price gouging on Californians. (4) The commission shall make public, on a quarterly basis, the name and address of each refiner that has exceeded the maximum gross gasoline refining margin for any month during the previous quarter, and the amount of administrative civil penalty to be assessed. (o) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to any regulation, order, decision, rule, guideline, adjudication of an exemption request, or adjustment of the maximum gross gasoline margin, adopted by the commission under this section. (p) The California State Auditor shall begin, no earlier than January 1, 2032, and complete, no later than March 1, 2033, an audit and performance review of the maximum gross gasoline refining margin and penalty set pursuant to this section. The California State Auditor shall make determinations in a report to the Legislature and the commission, by no later than June 1, 2033, as to whether this section is achieving the intended goal to reduce gasoline price spikes and stabilize the gasoline fuel supply market for California consumers. Within 60 days of the issuance of the report, the commission shall hear from the California State Auditor at a business meeting of the commission. If the California State Auditor concludes that the maximum gross gasoline refining margin and penalty should be terminated, then the commission shall cease implementing the maximum gross gasoline refining margin and penalty provisions no later than 180 days after the issuance of the report, unless the Legislature has enacted subsequent legislation to extend the maximum gross gasoline refining margin and penalty provisions in the meantime. (Amended (as added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 5) by Stats. 2023, Ch. 53, Sec. 3. (SB 124) Effective July 10, 2023.)
  23. 25355.7.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.5. Petroleum Supply and Pricing [25350 - 25367] ( Chapter 4.5 added by Stats. 1980, Ch. 1055, Sec. 4. )

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    The commission must submit an annual gasoline-price report to the Legislature, and tax records used for that report are subject to reporting, sharing, and confidentiality rules.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.5. Petroleum Supply and Pricing [25350 - 25367] ( Chapter 4.5 added by Stats. 1980, Ch. 1055, Sec. 4. ) ## 25355.7. (a) Notwithstanding Section 10231.5 of the Government Code, on or before March 1, 2024, and March 1 of each year thereafter, the commission, in cooperation with the California Department of Tax and Fee Administration, shall submit a report to the Legislature, in accordance with Section 9795 of the Government Code, that includes a review of the price of gasoline in California and its impact on state revenues for the previous calendar year. (b) (1) (A) To facilitate the report required in subdivision (a) and to assist the commission in providing independent analysis and oversight of the market for transportation fuels, and in identifying potential market design flaws and market power abuses, the California Department of Tax and Fee Administration may, notwithstanding any other law, use any information that comes into its possession and may request from any person records required to be maintained pursuant to Section 7053 or 8301 of the Revenue and Taxation Code or any other records in a person’s possession, custody, or control that the California Department of Tax and Fee Administration deems necessary for these purposes. Records that the California Department of Tax and Fee Administration may request, include, but are not limited to, sales prices and contracts for unbranded rack sales, branded rack sales, bulk sales, spot pipeline sales, dealer tankwagon sales, imported fuel transactions, and retail sales of gasoline meeting California specifications, including prices per gallon of gasoline charged by retailers by retail location and by grade of gasoline. (B) Except as provided in paragraph (4), the information, including, but not limited to, business affairs or trade secrets, provided to the California Department of Tax and Fee Administration pursuant to this section shall constitute confidential information for purposes of Section 7056 of the Revenue and Taxation Code or Section 15570.84 of the Government Code and shall not be subject to public disclosure. (2) (A) The records requested pursuant to paragraph (1) shall be provided in the form and manner specified by the California Department of Tax and Fee Administration within 30 days of the notice of request. (B) The California Department of Tax and Fee Administration shall provide written notification to the commission within 10 days after the failure or refusal of any person to provide information or records in the time and manner as specified pursuant to subparagraph (A). (3) For purposes of the report required by subdivision (a), the commission may impose a civil penalty after receiving notification from the California Department of Tax and Fee Administration that a person has failed or refused to provide information or records in the time and manner as required. A civil penalty under this subdivision shall be imposed under the procedures set forth in subdivision (a) of Section 25362, except that the maximum penalty amount shall be ten thousand dollars ($10,000) per day. (4) (A) Notwithstanding any other law, the California Department of Tax and Fee Administration may provide any information provided to it by any person pursuant to this subdivision to the commission, to the Attorney General, to any contractor retained to prepare reports required by this section, or any entity that the California Department of Tax and Fee Administration may contract with for the purpose of preparing the reports required by this section. The Attorney General may request from the commission or the California Department of Tax and Fee Administration any information collected pursuant to Section 25354 or 25355 or this section, or Chapter 4.6 (commencing with Section 25730). (B) Except as provided in subdivision (c), the information, including, but not limited to, business affairs or trade secrets, provided pursuant to this paragraph shall be confidential and shall not be subject to public disclosure by the commission, the Attorney General, any contractor retained to prepare the reports required by this section, or the California Department of Tax and Fee Administration or its contractors. (c) Notwithstanding any other law, the reports required by this section shall only disclose confidential taxpayer information presented in aggregate form to the extent necessary to ensure confidentiality if public disclosure of the specific information or data would result in unfair competitive disadvantage to the person supplying the information or would adversely affect market competition. (Added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 6. (SB 2 1x) Effective June 26, 2023.)
  24. 25356.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.5. Petroleum Supply and Pricing [25350 - 25367] ( Chapter 4.5 added by Stats. 1980, Ch. 1055, Sec. 4. )

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    The commission must gather, analyze, and interpret petroleum supply and price information, and analyze the impact of state and federal policies and regulations on petroleum product supply and pricing.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.5. Petroleum Supply and Pricing [25350 - 25367] ( Chapter 4.5 added by Stats. 1980, Ch. 1055, Sec. 4. ) ## 25356. (a) The commission, utilizing its own staff and other support staff having expertise and experience in, or with, the petroleum industry, shall gather, analyze, and interpret the information submitted to it pursuant to Section 25354 and other information relating to the supply and price of petroleum products, with particular emphasis on motor vehicle fuels, including, but not limited to, all of the following: (1) The nature, cause, and extent of any petroleum or petroleum products shortage or condition affecting supply. (2) The economic and environmental impacts of any petroleum and petroleum product shortage or condition affecting supply. (3) Petroleum or petroleum product demand and supply forecasting methodologies utilized by the petroleum industry in California. (4) The prices, with particular emphasis on retail motor fuel prices, including sales to unbranded retail markets, and any significant changes in prices charged by the petroleum industry for petroleum or petroleum products sold in California and the reasons for those changes. (5) The profits, both before and after taxes, of the industry as a whole and of major firms within it, including a comparison with other major industry groups and major firms within them as to profits, return on equity and capital, and price-earnings ratio. (6) The emerging trends relating to supply, demand, and conservation of petroleum and petroleum products. (7) The nature and extent of efforts of the petroleum industry to expand refinery capacity and to make acquisitions of additional supplies of petroleum and petroleum products, including activities relative to the exploration, development, and extraction of resources within the state. (8) The development of a petroleum and petroleum products information system in a manner that will enable the state to take action to meet and mitigate any petroleum or petroleum products shortage or condition affecting supply. (b) The commission shall analyze the impacts of state and federal policies and regulations upon the supply and pricing of petroleum products. (Amended by Stats. 2000, Ch. 288, Sec. 5. Effective January 1, 2001.)
  25. 25357.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.5. Petroleum Supply and Pricing [25350 - 25367] ( Chapter 4.5 added by Stats. 1980, Ch. 1055, Sec. 4. )

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    The commission must obtain and analyze monthly production reports prepared by the State Oil and Gas Supervisor under Section 3227.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.5. Petroleum Supply and Pricing [25350 - 25367] ( Chapter 4.5 added by Stats. 1980, Ch. 1055, Sec. 4. ) ## 25357. The commission shall obtain and analyze monthly production reports prepared by the State Oil and Gas Supervisor pursuant to Section 3227. (Added by Stats. 1980, Ch. 1055, Sec. 4. Effective September 26, 1980.)
  26. 25358.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.5. Petroleum Supply and Pricing [25350 - 25367] ( Chapter 4.5 added by Stats. 1980, Ch. 1055, Sec. 4. )

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    The commission must publish quarterly reports to the Governor and Legislature, prepare a biennial assessment, may gather needed information, and must explain delays in writing if a report is late.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.5. Petroleum Supply and Pricing [25350 - 25367] ( Chapter 4.5 added by Stats. 1980, Ch. 1055, Sec. 4. ) ## 25358. (a) Within 70 days after the end of each preceding quarter of each calendar year, the commission shall publish and submit to the Governor and the Legislature a summary, an analysis, and an interpretation of the information submitted to it pursuant to Section 25354 and information reviewed pursuant to Section 25357. This report shall be separate from the report submitted pursuant to Section 25322. Any person may submit comments in writing regarding the accuracy or sufficiency of the information submitted. (b) The commission shall prepare a biennial assessment of the information provided pursuant to this chapter and shall include its assessment in the biennial fuels report prepared pursuant to Section 25310. (c) The commission may use reasonable means necessary and available to it to seek and obtain any facts, figures, and other information from any source for the purpose of preparing and providing reports to the Governor and the Legislature. The commission shall specifically include in the reports its analysis of any unsuccessful attempts in obtaining information from potential sources, including the lack of cooperation or refusal to provide information. (d) Whenever the commission fails to provide any report required pursuant to this section within the specified time, it shall provide to all members of the Legislature, within five days of the specified time, a detailed written explanation of the cause of any delay. (Amended by Stats. 1984, Ch. 1184, Sec. 6.5.)
  27. 25362.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.5. Petroleum Supply and Pricing [25350 - 25367] ( Chapter 4.5 added by Stats. 1980, Ch. 1055, Sec. 4. )

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    The commission must notify people who missed required information, and penalties apply if they still do not provide it or if they file willful false statements.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.5. Petroleum Supply and Pricing [25350 - 25367] ( Chapter 4.5 added by Stats. 1980, Ch. 1055, Sec. 4. ) ## 25362. (a) The commission shall notify those persons who have failed to timely provide the information specified in Section 25354 or 25355. If, within five days after being notified of the failure to provide the specified information, the person fails to supply the specified information, the person shall be subject to a civil penalty of not less than five thousand dollars ($5,000) nor more than twenty thousand dollars ($20,000) per day for each day the submission of information is refused or delayed, up to a maximum penalty of five hundred thousand dollars ($500,000) per submission. (b) A person who willfully makes any false statement, representation, or certification in any record, report, plan, or other document filed with the commission shall be subject to a civil penalty not to exceed forty thousand dollars ($40,000). (c) The administration of civil penalties under this section shall be subject to the procedures provided in Section 25534.1, and to the procedures for judicial review under Section 25534.2. (d) In addition to any civil penalty provided for by this section, if a person fails to timely provide the information specified in Section 25354 or 25355, the commission may petition a court for an order compelling the person to provide that information. (e) For purposes of this section, the term “person” shall mean, in addition to the definition contained in Section 25116, any responsible corporate officer. (Amended by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 7. (SB 2 1x) Effective June 26, 2023.)
  28. 25364.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.5. Petroleum Supply and Pricing [25350 - 25367] ( Chapter 4.5 added by Stats. 1980, Ch. 1055, Sec. 4. )

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    This section lets certain people ask the commission to keep specific information confidential, and it limits when the commission may disclose that information.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.5. Petroleum Supply and Pricing [25350 - 25367] ( Chapter 4.5 added by Stats. 1980, Ch. 1055, Sec. 4. ) ## 25364. (a) A person required to present information to the commission pursuant to Section 25354 or 25355 or a person making a request for exemption pursuant to Section 25355.5 may request that specific information be held in confidence. Information requested to be held in confidence shall be presumed to be confidential. (b) Information presented to the commission pursuant to Section 25354, 25355, or 25355.5 shall be held in confidence by the commission or aggregated to the extent necessary to ensure confidentiality if public disclosure of the specific information or data would result in unfair competitive disadvantage to the person supplying the information or would adversely affect market competition. (c) (1) Whenever the commission receives a request to publicly disclose unaggregated information, or otherwise proposes to publicly disclose information submitted pursuant to Section 25354, 25355, or 25355.5, notice of the request or proposal shall be provided to the person submitting the information. The notice shall indicate the form in which the information is to be released. Upon receipt of notice, the person submitting the information shall have 10 working days in which to respond to the notice to justify the claim of confidentiality on each specific item of information covered by the notice on the basis that public disclosure of the specific information would result in unfair competitive disadvantage to the person supplying the information or would adversely affect market competition. (2) The commission shall consider the respondent’s submittal in determining whether to publicly disclose the information submitted to it to which a claim of confidentiality is made. The commission shall issue a written decision that sets forth its reasons for making the determination whether each item of information for which a claim of confidentiality is made shall remain confidential or shall be publicly disclosed. (d) The commission shall not make public disclosure of information submitted to it pursuant to Section 25354, 25355, or 25355.5 within 10 working days after the commission has issued its written decision required in this section. (e) Information submitted to the commission pursuant to Section 25354, 25355, or 25355.5 shall not be deemed confidential if the person submitting the information or data has made it public. (f) With respect to petroleum products and blendstocks reported by type pursuant to paragraph (1) or (2) of subdivision (a) of Section 25354, information provided pursuant to subdivision (h) or (i) of Section 25354, and information provided under Section 25355, the commission, the State Air Resources Board, or the Attorney General, or any employee or contractor of those entities, shall not do any of the following: (1) Use the information furnished under paragraph (1) or (2) of subdivision (a) of Section 25354, under subdivision (h) or (i) of Section 25354, or under Section 25355 for any purpose other than law enforcement or the statistical purposes for which it is supplied. (2) Make any publication whereby the information furnished by any particular establishment or individual under paragraph (1) or (2) of subdivision (a) of Section 25354, under subdivision (h) or (i) of Section 25354, or under Section 25355 can be identified. (3) Permit anyone other than commission members, the State Air Resources Board, the Attorney General, and employees or contractors of those entities to examine the individual reports provided under paragraph (1) or (2) of subdivision (a) of Section 25354, under subdivision (h) or (i) of Section 25354, or under Section 25355. (g) Notwithstanding any other law, the commission may disclose confidential information received pursuant to subdivision (a) of Section 25304, or Section 25354 or 25355 to the State Air Resources Board or the Attorney General if the state board or the Attorney General agrees to keep the information confidential. With respect to the information it receives, the state board and the Attorney General shall be subject to all pertinent provisions of this section. (h) (1) Notwithstanding any other law, the commission shall, upon request, timely disclose confidential information received pursuant to subdivision (a) of Section 25304 or Section 25354 or 25355, or data provided under a contract entered into pursuant to Section 25367 or 25373, to the Speaker of the Assembly, the Senate Committee on Rules, the appropriate policy committees in the Assembly or the Senate, or staff members of each, provided that the information shall be provided only in aggregated or otherwise anonymized form, and each individual person receiving or having access to the information shall first agree, in writing, to keep the information confidential. Any person or committee receiving information under this subdivision shall be subject to all pertinent provisions of this section. (2) Aggregated or otherwise anonymized information disclosed under paragraph (1) shall be made available by the commission to the public no more than quarterly, upon request of the Speaker of the Assembly, the Senate Committee on Rules, or the appropriate policy committees in the Assembly or the Senate, under conditions as the commission may determine are necessary to ensure that public disclosure of the specific information would not result in unfair competitive disadvantage to the person supplying the information or adversely affect market competition. (i) Notwithstanding any other law, the commission may disclose confidential information received pursuant to paragraph (1) of subdivision (f) of Section 25354 to the administrator for oil spill response, appointed pursuant to Section 8670.4 of the Government Code, upon request for oil spill planning and preparedness purposes, and to first responders in the event of an accident or spill. Information disclosed to the administrator or first responders pursuant to this subdivision that has been identified as confidential under subdivision (a) shall not be disclosed to any other entity except pursuant to a request in accordance with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). Upon receipt of a records request seeking information disclosed pursuant to this subdivision, the administrator or first responder receiving the request shall provide the destination facility who provided the confidential information to the commission with an opportunity to submit, within a reasonable time, a response and information in support of exemption from disclosure before making the determination whether the requested records are exempt from disclosure. A requirement or deadline contained in the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) shall not be extended or waived as a result of this subdivision. (j) This section does not apply to aggregate data that are required to be posted on the commission’s internet website pursuant to subdivision (c) of Section 25355. (Amended by Stats. 2024, 2nd Ex. Sess., Ch. 1, Sec. 5. (AB 1 2x) Effective January 13, 2025.)
  29. 25366.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.5. Petroleum Supply and Pricing [25350 - 25367] ( Chapter 4.5 added by Stats. 1980, Ch. 1055, Sec. 4. )

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    Another state agency must make certain confidential information available to the commission, and the information must be treated confidentially.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.5. Petroleum Supply and Pricing [25350 - 25367] ( Chapter 4.5 added by Stats. 1980, Ch. 1055, Sec. 4. ) ## 25366. Any confidential information pertinent to the responsibilities of the commission specified in this division which is obtained by another state agency shall be available to the commission and shall be treated in a confidential manner. (Added by Stats. 1980, Ch. 1055, Sec. 4. Effective September 26, 1980.)
  30. 25367.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.5. Petroleum Supply and Pricing [25350 - 25367] ( Chapter 4.5 added by Stats. 1980, Ch. 1055, Sec. 4. )

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    This section lets the commission adopt implementing regulations and enter contracts, and it says the chapter is self-executing.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.5. Petroleum Supply and Pricing [25350 - 25367] ( Chapter 4.5 added by Stats. 1980, Ch. 1055, Sec. 4. ) ## 25367. (a) Except as otherwise provided, the adoption of, or amendment to, regulations or orders implementing this chapter shall be considered by the Office of Administrative Law as an emergency, and necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding any other law, the emergency regulations or orders adopted to implement this chapter shall remain in effect for two years. Although the commission may adopt regulations to further define terms or prescribe reporting procedures or calculation methodologies pursuant to this chapter, or prescribe any other method of implementing this chapter, the provisions of this chapter are self-executing and shall not require any implementing regulation to be effective. (b) The commission may enter into contracts to implement this chapter, 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 are not required to comply with requirements under the State Contracting Manual or the Public Contract Code. (c) (1) Any regulation, guideline, other standard adopted, or decision rendered, by the commission under this chapter is not a “project” for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000)). However, nothing in this section exempts any project undertaken pursuant to a regulation, guideline, other standard adopted, or decision rendered, pursuant to this chapter from the California Environmental Quality Act. (2) This subdivision is declarative of existing law and shall apply to all regulations, guidelines, other standards adopted, or decisions rendered, under this chapter whether before or after the effective date of this subdivision. (Amended by Stats. 2024, 2nd Ex. Sess., Ch. 1, Sec. 6. (AB 1 2x) Effective January 13, 2025.)
  31. 25370.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.6. Petroleum Market [25370 - 25373] ( Chapter 4.6 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## ARTICLE 1. General Provisions [25370- 25370.] ( Article 1 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. )

    Verify source ↗

    This section defines several terms used in the petroleum market chapter, including planned maintenance, price spike, transportation fuels, turnaround, and unplanned maintenance.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.6. Petroleum Market [25370 - 25373] ( Chapter 4.6 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## ARTICLE 1. General Provisions [25370- 25370.] ( Article 1 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## 25370. For purposes of this chapter and Chapter 4.5 (commencing with Section 25350), the following definitions apply: (a) “Planned maintenance” means regular, periodic maintenance or repair of one or more pieces of equipment within a petroleum refinery that may require the shutdown of that equipment, or that may reduce production of a petroleum refinery. (b) “Price spike” means a rate of increase of a refinery’s gross gasoline refining margin, as defined in Section 25355, that is greater than the rate of increase of the average price of crude oil received by the refinery, for the same period of time, or a rate of decrease of a refinery’s gross gasoline refining margin that is less than the rate of decrease of the average price of crude oil received by the refinery, for the same period of time. (c) “Transportation fuels” means gasoline, gasoline blending components, diesel fuel, or renewable fuels. (d) “Turnaround” has the same meaning as that term is defined in Section 7872 of the Labor Code. (e) “Unplanned maintenance” means any maintenance or repair that requires the shutdown of any part of the petroleum refinery that will result in any reduction in production that was not scheduled as turnaround or planned maintenance. (Added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. (SB 2 1x) Effective June 26, 2023.)
  32. 25371.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.6. Petroleum Market [25370 - 25373] ( Chapter 4.6 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## ARTICLE 2. Transportation Fuels Assessment [25371 - 25371.4] ( Article 2 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. )

    Verify source ↗

    The commission must prepare and submit a transportation fuels assessment on a set schedule.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.6. Petroleum Market [25370 - 25373] ( Chapter 4.6 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## ARTICLE 2. Transportation Fuels Assessment [25371 - 25371.4] ( Article 2 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## 25371. (a) (1) Notwithstanding Section 10231.5 of the Government Code, on or before January 1, 2024, and every three years thereafter, the commission shall submit an assessment to the Legislature, in accordance with Section 9795 of the Government Code, and to the Governor that does all of the following: (A) Identifies methods to ensure a reliable supply of affordable and safe transportation fuels in California. The assessment shall include estimates for the level of transportation fuels at the state level, and, to the extent feasible, at regional and local levels, and individual refineries if relevant, that should be held in reserve by refiners to prevent gasoline price spikes. The assessment shall consider all factors causing price fluctuations in retail gasoline prices when recommending adequate reserve levels. The commission shall consider all relevant evidence from any reasonably available source, including, but not limited to, information about imports, by amount, source, if known, and data received by the commission pursuant to existing laws, economic and business experts, and information from any local, state, and federal agencies. The commission shall transmit to the Legislature, in accordance with Section 9795 of the Government Code, any proposals it deems appropriate for mandatory reserve levels and the terms of a program to implement reserve levels. (B) Evaluates the price of transportation fuels, including branded and unbranded retail prices, alternate formulations of gasoline with lower carbon impact, and other products suitable for production from refineries in California. This evaluation shall consider the market demand for these products at 3-, 7-, 10-, and 20-year intervals from the date of the assessment and shall rely on the most recent transportation forecasting and assessment activities conducted pursuant to Section 25304. This evaluation shall include both of the following: (i) An examination of whether branded fuel additives have any impact, and, if so, how much, on fuel efficiency and vehicle emissions. (ii) An assessment of the presence and availability of retail outlets, including monitoring changes in availability of retail outlets that contribute to increasing retail prices in local and regional areas. (C) Considers different levels of supply conditions and assesses the impact of potential refinery closures in California. (D) Includes an analysis of the impacts on production of refinery planned maintenance, unplanned maintenance, and turnaround. The assessment shall evaluate ways to manage necessary maintenance among the various facilities that would protect the health and safety of employees and the public, and minimize the impact of maintenance-related production losses. Notwithstanding any other law, the Department of Industrial Relations and Division of Occupational Safety and Health shall disclose to the commission, upon request, any information the department and division have received under Section 7872 of the Labor Code to ensure all aspects of refinery safety are incorporated into the assessment. All information designated confidential shall be treated as confidential by the commission. (E) Evaluates the utility and feasibility of alternative methods to maintain adequate supplies of transportation fuels, including delivery alternatives for fuel and components of refined fuel, such as delivery by rail, a publicly maintained strategic fuel reserve, and other solutions beyond the activities of refineries and petroleum market participants. (F) Proposes solutions to mitigate any impacts described in the assessment. The solutions shall include an assessment of the employment impacts and the cost and cost-effectiveness of any proposal, including cost impacts to all impacted sectors, both public and private. The assessment shall include recommendations and alternatives. (G) Beginning with the first assessment submitted after the effective date of this subparagraph, evaluates California’s future petroleum product and crude oil import needs and identifies steps that can be taken to ensure that marine infrastructure and port facilities will be adequate to accommodate the efficient movement of petroleum products to meet those needs. In preparing the evaluation pursuant to this subparagraph, the commission shall consult with the ports in California at which petroleum and refined transportation fuels are imported, tanker terminal operators at California ports, the State Lands Commission, the California Coastal Commission, and the San Francisco Bay Conservation and Development Commission and evaluate ways to maximize the use of existing infrastructure and minimize cumulative pollution burdens. (H) Beginning with the first assessment submitted after the effective date of this subparagraph, evaluates the effects of state regulations on supplies of transportation fuels that the commission identifies may be causing supply constraints, or for which the commission believes alternative compliance pathways should be considered by state agencies to mitigate potential impacts on supply. (I) In the first assessment submitted after the effective date of this subparagraph, evaluate the cost and supply impacts of allowing the sale of gasoline with alternative specifications from those in Subarticle 2 (commencing with Section 2260) of Article 1 of Chapter 5 of Division 3 of Title 13 of the California Code of Regulations to support a reliable and affordable supply of transportation fuels in California. If the evaluation finds that allowing the sale of gasoline with alternative specifications is likely to support a reliable and affordable supply of transportation fuels in California, the commission, in coordination with the State Air Resources Board, shall recommend a strategy to facilitate the sale of gasoline with those alternative specifications that, at a minimum, considers (i) a trigger mechanism for when the gasoline with those alternative specifications may be sold based on the conditions of the transportation fuels market, (ii) the existing variance process in Section 43013.2 of the Health and Safety code, and (iii) the use of a fee established pursuant to Section 43013.2 of the Health and Safety Code associated with the sale of gasoline with those alternative specifications to mitigate for any increase in emissions. (J) (i) In the first assessment submitted after the effective date of this subparagraph, evaluate the development of a westwide gasoline specification that could be used in a western region to include California and areas outside of the state as an alternative to the California-specific specification established under Subarticle 2 (commencing with Section 2260) of Article 1 of Chapter 5 of Division 3 of Title 13 of the California Code of Regulations to stabilize the petroleum market and petroleum prices in the western region, including California. The commission, in coordination with the State Air Resources Board, shall conduct outreach to the western states, including the States of Arizona, Nevada, Oregon, and Washington, in furtherance of this evaluation. (ii) The evaluation pursuant to this subparagraph shall assess the costs and benefits of each alternative specification, including economic impacts to the state and to consumers, labor impacts, public health impacts, and environmental impacts. In making this evaluation, the commission shall take into consideration the impacts of the state’s electrification efforts and the requirements of the federal Clean Air Act (42 U.S.C. Sec. 7661 et seq.). The evaluation shall identify and recommend the alternative specification that would minimize the costs and maximize the benefits to the state. (2) The first assessment shall include the evaluation of oil and gas extraction and refining that the State Air Resources Board outlined in the most recent update to the scoping plan prepared pursuant to Section 38561 of the Health and Safety Code. (b) The assessment shall be separate from the report submitted pursuant to Section 25302 and shall be developed in a public process. The assessment shall be available to the public within the proceeding docket and shall be approved by a vote of the commission at its business meeting. (c) The commission may enter into contracts to perform the assessment required by subdivision (a) 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 or the Public Contract Code. (d) The Division of Petroleum Market Oversight shall provide input to and otherwise support other divisions of the commission in preparation of the assessment required by subdivision (a). (e) The Independent Consumer Fuels Advisory Committee established pursuant to Section 25373 shall provide input to the commission in preparation of the assessment required by subdivision (a). (Amended by Stats. 2025, Ch. 118, Sec. 7. (SB 237) Effective January 1, 2026.)
  33. 25371.1.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.6. Petroleum Market [25370 - 25373] ( Chapter 4.6 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## ARTICLE 2. Transportation Fuels Assessment [25371 - 25371.4] ( Article 2 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. )

    Verify source ↗

    The commission must gather information for the assessment, report failed or incomplete information requests, may impose a civil penalty for late information, and must hold a public meeting every December about transportation fuel prices.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.6. Petroleum Market [25370 - 25373] ( Chapter 4.6 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## ARTICLE 2. Transportation Fuels Assessment [25371 - 25371.4] ( Article 2 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## 25371.1. (a) The commission shall use reasonable means necessary and available, including, but not limited to, the authority under subdivisions (e) and (f) of Section 11181 of the Government Code, to seek and obtain any facts, figures, and other information from any source for the purpose of preparing the assessment under Section 25371. The commission shall specifically report in the assessment any ongoing or unsuccessful attempts to obtain information from potential sources, including the lack of cooperation or refusal to provide information. (b) For purposes of the assessment prepared under Section 25371, the commission may impose a civil penalty whenever a person fails to timely provide the information specified in that section and any other information the commission deems necessary to conduct the assessment. A civil penalty under this subdivision shall be imposed under the procedures set forth in subdivision (a) of Section 25362. (c) Subdivisions (b) and (c) of Section 25362 shall apply to a person who willfully submits or makes any false statement to the commission. (d) The commission shall conduct a public meeting in December of each year to provide an opportunity for the public to provide input on transportation fuel prices. (Added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. (SB 2 1x) Effective June 26, 2023.)
  34. 25371.2.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.6. Petroleum Market [25370 - 25373] ( Chapter 4.6 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## ARTICLE 2. Transportation Fuels Assessment [25371 - 25371.4] ( Article 2 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. )

    Verify source ↗

    The commission must keep assessment information confidential when needed, and it must follow specified disclosure rules for the assessment. A person who must provide information may ask that specific information be kept confidential.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.6. Petroleum Market [25370 - 25373] ( Chapter 4.6 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## ARTICLE 2. Transportation Fuels Assessment [25371 - 25371.4] ( Article 2 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## 25371.2. (a) The commission shall aggregate information used in the assessment prepared under Section 25371 to the extent necessary to ensure its confidentiality if public disclosure of the specific information or data would adversely affect market competition. (b) A person required to present information to the commission pursuant to Section 25371 may request that specific information be held in confidence. Information requested to be held in confidence shall be presumed to be confidential. (c) For purposes of the assessment conducted under Section 25371, the commission shall comply with the disclosure of information requirements of subdivisions (c) to (e), inclusive, of Section 25364. (Added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. (SB 2 1x) Effective June 26, 2023.)
  35. 25371.3.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.6. Petroleum Market [25370 - 25373] ( Chapter 4.6 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## ARTICLE 2. Transportation Fuels Assessment [25371 - 25371.4] ( Article 2 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. )

    Verify source ↗

    The commission and the State Air Resources Board must prepare a Transportation Fuels Transition Plan by December 31, 2024.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.6. Petroleum Market [25370 - 25373] ( Chapter 4.6 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## ARTICLE 2. Transportation Fuels Assessment [25371 - 25371.4] ( Article 2 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## 25371.3. On or before December 31, 2024, the commission and the State Air Resources Board, taking into account findings of the assessment conducted under Section 25371, shall prepare a Transportation Fuels Transition Plan. The commission and the State Air Resources Board shall determine the contents of the report, but the report shall include, at a minimum, a discussion of how to ensure that the supply of petroleum and alternative transportation fuels is affordable, reliable, equitable, and adequate to meet the demand for those transportation fuels described in the most current scoping plan approved by the State Air Resources Board under Section 38561 of the Health and Safety Code. The report shall be prepared in consultation with a multistakeholder, multiagency workgroup convened by the commission, the California Environmental Protection Agency, the Natural Resources Agency, and the State Air Resources Board to identify mechanisms to plan for and monitor progress toward the state’s reliable, safe, equitable, and affordable transition away from petroleum fuels in line with declining instate petroleum demand. The workgroup shall consist of members representing interests that include, but are not limited to, environmental justice, labor, environmental protection, land use, and public health, members representing the state’s fuel producers and refiners, and members representing relevant state, regional, and local agencies. The Division of Petroleum Market Oversight shall provide input to and otherwise support other divisions of the commission in preparation of the plan. (Amended (as added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10) by Stats. 2023, Ch. 53, Sec. 4. (SB 124) Effective July 10, 2023.)
  36. 25371.4.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.6. Petroleum Market [25370 - 25373] ( Chapter 4.6 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## ARTICLE 2. Transportation Fuels Assessment [25371 - 25371.4] ( Article 2 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. )

    Verify source ↗

    The commission must submit an assessment to the Legislature and the Governor by March 31, 2026, and include recommendations on possible changes to working group authorities or structures, including permitting reforms.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.6. Petroleum Market [25370 - 25373] ( Chapter 4.6 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## ARTICLE 2. Transportation Fuels Assessment [25371 - 25371.4] ( Article 2 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## 25371.4. The commission shall, on or before March 31, 2026, submit an assessment to the Legislature, in accordance with Section 9795 of the Government Code, and to the Governor that evaluates the recommendations and strategies put forward by the vice chair of the commission in the June 27, 2025, letter to Governor Newsom in order to, as described in that letter, “ensure that Californians have access to safe, affordable, and reliable transportation fuels and that petroleum refiners continue to see value in serving the California market...” The assessment shall also offer recommendations to the Legislature and the Governor on potential changes to working group authorities or structures, including on permitting changes and reforms, which may include one-stop-shop permitting, to support the state’s reliable, equitable, safe, and affordable transition away from petroleum fuels. (Added by Stats. 2025, Ch. 118, Sec. 8. (SB 237) Effective January 1, 2026.)
  37. 25372.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.6. Petroleum Market [25370 - 25373] ( Chapter 4.6 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## ARTICLE 3. Division of Petroleum Market Oversight [25372 - 25372.4] ( Article 3 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. )

    Verify source ↗

    For this article and Article 4, “division” means the Division of Petroleum Market Oversight.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.6. Petroleum Market [25370 - 25373] ( Chapter 4.6 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## ARTICLE 3. Division of Petroleum Market Oversight [25372 - 25372.4] ( Article 3 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## 25372. For purposes of this article and Article 4 (commencing with Section 25373), “division” means the Division of Petroleum Market Oversight. (Added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. (SB 2 1x) Effective June 26, 2023.)
  38. 25372.1.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.6. Petroleum Market [25370 - 25373] ( Chapter 4.6 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## ARTICLE 3. Division of Petroleum Market Oversight [25372 - 25372.4] ( Article 3 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. )

    Verify source ↗

    This section creates the Division of Petroleum Market Oversight, makes it independent of the commission’s authority, and says it is led by a director appointed by the Governor with Senate confirmation.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.6. Petroleum Market [25370 - 25373] ( Chapter 4.6 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## ARTICLE 3. Division of Petroleum Market Oversight [25372 - 25372.4] ( Article 3 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## 25372.1. (a) The Division of Petroleum Market Oversight is hereby established in the commission. (b) Notwithstanding Chapter 3 (commencing with Section 25200), the division shall operate with authority independent of the commission’s authority. (c) The division shall be led by a director, who is appointed by the Governor and is subject to confirmation by the Senate, and holds office at the pleasure of the Governor. (d) The annual salary of the director shall be provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. (e) The director shall employ and prescribe the duties of other staff members as necessary to carry out the provisions of this article. The staff shall include, when feasible, economists, individuals with expertise in the transportation fuels markets, and investigative staff with legal training. (Added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. (SB 2 1x) Effective June 26, 2023.)
  39. 25372.2.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.6. Petroleum Market [25370 - 25373] ( Chapter 4.6 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## ARTICLE 3. Division of Petroleum Market Oversight [25372 - 25372.4] ( Article 3 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. )

    Verify source ↗

    The division must oversee transportation fuels markets, give guidance to specified public bodies, report findings at least annually, and it may use subpoenas and investigations.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.6. Petroleum Market [25370 - 25373] ( Chapter 4.6 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## ARTICLE 3. Division of Petroleum Market Oversight [25372 - 25372.4] ( Article 3 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## 25372.2. (a) The division shall do all of the following: (1) Provide independent oversight and analysis of the transportation fuels markets for the protection of consumers by identifying market design flaws, market power abuses, and any other manner by which market participants act to harm competition or act contrary to the best interests of consumers in the state. (2) Provide guidance and recommendations to the commission relating to the development of the assessment required by Section 25371 and the Transportation Fuels Transition Plan described in Section 25371.3. (3) Provide guidance and recommendations to members of the commission, other divisions of the commission, and the California Department of Tax and Fee Administration relating to the reports described in Section 25355.7. (4) Provide guidance and recommendations to the Governor, members of the commission, and other divisions of the commission on any other issues related to transportation fuels pricing and transportation decarbonization in California. (5) Report its findings and recommendations to improve market performance at least annually to the Legislature, in accordance with Section 9795 of the Government Code, the Governor, the commission, the Attorney General, and the California Department of Tax and Fee Administration. (b) (1) The division may subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence, and require by subpoena the production of any books, papers, records, or other items material to the performance of the division’s duties or exercise of its powers, including, but not limited to, current and historical pricing and sales data and contracts with other petroleum industry participants. (2) With respect to the division, the director of the division is the “head of a department” for purposes of, and the division may undertake investigations in the manner described in, Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code. (c) The division may confidentially refer potential violations of law to the Attorney General at any time. (Amended by Stats. 2024, 2nd Ex. Sess., Ch. 1, Sec. 8. (AB 1 2x) Effective January 13, 2025.)
  40. 25372.3.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.6. Petroleum Market [25370 - 25373] ( Chapter 4.6 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## ARTICLE 3. Division of Petroleum Market Oversight [25372 - 25372.4] ( Article 3 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. )

    Verify source ↗

    When requested, the division’s director must appear before the appropriate Assembly and Senate policy committees and provide an update on the division’s performance, market competition, and any other information the committees request.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.6. Petroleum Market [25370 - 25373] ( Chapter 4.6 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## ARTICLE 3. Division of Petroleum Market Oversight [25372 - 25372.4] ( Article 3 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## 25372.3. The director of the division shall, when requested, appear before the appropriate policy committees in the Assembly and Senate to provide an update on the division’s performance as compared to its objectives, the status of competition in the transportation fuels markets, and any other information the committees request. (Added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. (SB 2 1x) Effective June 26, 2023.)
  41. 25372.4.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.6. Petroleum Market [25370 - 25373] ( Chapter 4.6 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## ARTICLE 3. Division of Petroleum Market Oversight [25372 - 25372.4] ( Article 3 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. )

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    The division must keep provided information confidential unless it finds disclosure would not hurt competition or disadvantage the supplier, and it must anonymize annual-report data when needed to reduce those risks.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.6. Petroleum Market [25370 - 25373] ( Chapter 4.6 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## ARTICLE 3. Division of Petroleum Market Oversight [25372 - 25372.4] ( Article 3 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## 25372.4. (a) Information provided to the division shall presumptively be confidential and not subject to public disclosure. The division shall not divulge or make known in any manner any information provided to it unless it determines both of the following: (1) Public disclosure of the specific information would not result in unfair competitive disadvantage to the person supplying the information. (2) Public disclosure of the specific information would not adversely affect market competition. (b) Notwithstanding any other law, the division may disclose information deemed confidential under this subdivision to members of the commission, other divisions of the commission, the Attorney General, or the California Department of Tax and Fee Administration if the receiving entity agrees to keep the information confidential, except that the Attorney General may present the information to a court to support an enforcement action but shall submit confidential information under seal where permissible. If the Attorney General requests the assistance of the division in connection with any investigation, the division shall provide information to the Attorney General under this subdivision and any other assistance that is feasible. (c) For purposes of the division’s annual reports under Section 25372.2, the division shall aggregate data or otherwise anonymize and generalize information as needed to mitigate the risk that public disclosure of the specific information would result in unfair competitive disadvantage to the person supplying the information or would adversely affect market competition. (Added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. (SB 2 1x) Effective June 26, 2023.)
  42. 25373.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 4.6. Petroleum Market [25370 - 25373] ( Chapter 4.6 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## ARTICLE 4. Independent Consumer Fuels Advisory Committee [25373- 25373.] ( Article 4 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. )

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    This section establishes the Independent Consumer Fuels Advisory Committee, sets who appoints its members, requires member conflict restrictions, provides per diem and expense reimbursement, and gives the committee and commission confidentiality-related 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 4.6. Petroleum Market [25370 - 25373] ( Chapter 4.6 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## ARTICLE 4. Independent Consumer Fuels Advisory Committee [25373- 25373.] ( Article 4 added by Stats. 2023, 1st Ex. Sess., Ch. 1, Sec. 10. ) ## 25373. (a) The commission and division shall be advised by the Independent Consumer Fuels Advisory Committee, which is hereby established within the commission. The committee shall consist of the following members: (1) Six members appointed by the Governor as follows: (A) A member who holds an academic appointment and has knowledge of economics or business operations of the transportation fuels market. (B) A member representing the California petroleum fuels industry. (C) A member representing consumers. (D) A member representing a labor organization with experience in refinery operations. (E) A member with expertise in community, environmental, or environmental justice issues. (F) A member with expertise in antitrust law. (2) One member appointed by the Speaker of the Assembly. (3) One member appointed by the Senate Committee on Rules. (b) (1) Except for the member described in subparagraph (B) of paragraph (1) of, or subparagraph (D) of paragraph (1) of, subdivision (a), a member of the committee shall not have been employed by, contracted with, or received direct compensation from, a company that produces, refines, distributes, trades in, markets, or sells any petroleum product in the preceding 12 months. (2) Except for the member described in subparagraph (B) of paragraph (1) of, or subparagraph (D) of paragraph (1) of, subdivision (a), before accepting appointment, members of the committee shall agree, in writing, not to be employed by, contract with, or receive direct compensation from companies described in paragraph (1) for the 12 months following the completion of their service on the committee. (3) This subdivision shall not be construed to exclude a representative of a labor organization whose membership consists of, in whole or in part, individuals employed by a company that produces, refines, distributes, trades in, markets, or sells any petroleum product who otherwise meets the requirements of this section. (c) Each member of the committee shall receive a per diem of one hundred dollars ($100) for each day actually spent in the discharge of official duties, and shall be reimbursed for traveling and other expenses necessarily incurred in the performance of official duties. (d) The duties, organization, and schedule of meetings of the Independent Consumer Fuels Advisory Committee shall be prescribed by the commission, but shall meet no less than annually. The commission may delegate the authority under this subdivision to the executive director of the commission. (e) The Independent Consumer Fuels Advisory Committee shall have access to aggregated or otherwise anonymized information submitted to the commission or to the division necessary to fulfill its duties under conditions as the commission determines necessary to ensure that any public disclosure of the specific information would not result in unfair competitive disadvantage to the person supplying the information or adversely affect market competition. The members of the committee shall also agree, in writing, to maintain the confidentiality of all information received. (f) The executive director of the commission shall ensure that any confidential information shared with the members of the Independent Consumer Fuels Advisory Committee is subject to a nondisclosure agreement and is maintained in a way that protects it from inadvertent disclosure. (Amended by Stats. 2024, 2nd Ex. Sess., Ch. 1, Sec. 9. (AB 1 2x) Effective January 13, 2025.)
  43. 25400.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. )

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    The commission must continuously assess energy opportunities and constraints, encourage balanced use of all energy sources, and try to avoid problems from relying on only one energy source.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. ) ## 25400. The commission shall conduct an ongoing assessment of the opportunities and constraints presented by all forms of energy. The commission shall encourage the balanced use of all sources of energy to meet the state’s needs and shall seek to avoid possible undesirable consequences of reliance on a single source of energy. (Added by Stats. 1974, Ch. 276.)
  44. 25401.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. )

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    The commission must continuously study and assess energy resources, research ways to reduce wasteful energy use, and report recommendations to the Governor and Legislature.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. ) ## 25401. The commission shall continuously carry out studies, research projects, data collection, and other activities required to assess the nature, extent, and distribution of energy resources to meet the needs of the state, including but not limited to, fossil fuels and solar, nuclear, and geothermal energy resources. It shall also carry out studies, technical assessments, research projects, and data collection directed to reducing wasteful, inefficient, unnecessary, or uneconomic uses of energy, including, but not limited to, all of the following: (a) Pricing of electricity and other forms of energy. (b) Improved building design and insulation. (c) Restriction of promotional activities designed to increase the use of electricity by consumers. (d) Improved appliance efficiency. (e) Advances in power generation and transmission technology. (f) Comparisons in the efficiencies of alternative methods of energy utilization. The commission shall survey pursuant to this section all forms of energy on which to base its recommendations to the Governor and Legislature for elimination of waste or increases in efficiency for sources or uses of energy. The commission shall transmit to the Governor and the Legislature, as part of the biennial report specified in Section 25302, recommendations for state policy and actions for the orderly development of all potential sources of energy to meet the state’s needs, including, but not limited to, fossil fuels and solar, nuclear, and geothermal energy resources, and to reduce wasteful and inefficient uses of energy. (Amended by Stats. 2016, Ch. 86, Sec. 256. (SB 1171) Effective January 1, 2017.)
  45. 25401.2.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. )

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    The commission must develop and maintain an inventory of cost-effective energy-efficiency and load-management opportunities, and the related report must include several estimates and related data.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. ) ## 25401.2. (a) As part of the report required by Section 25302, the commission shall develop and update an inventory of current and potential cost-effective opportunities in each utility’s service territory to improve efficiencies and to help utilities manage loads in all sectors of natural gas and electricity use. The report shall include estimates of the overall magnitude of these resources, load shapes, and the projected costs associated with delivering the various types of energy savings that are identified in the inventory. The report shall also estimate the amount and incremental cost per unit of potential energy efficiency and load management activities. Where applicable, the inventory shall include data on variations in savings and costs associated with particular measures. The report shall take into consideration environmental benefits as developed in related commission and Public Utilities Commission proceedings. (b) The commission shall develop and maintain the inventory in consultation with electric and gas utilities, the Public Utilities Commission, academic institutions, and other interested parties. (Amended by Stats. 2018, Ch. 611, Sec. 8. (SB 1374) Effective January 1, 2019.)
  46. 25401.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. )

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    The commission may develop and share energy-efficiency measures for older single-family homes.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. ) ## 25401.5. For the purpose of reducing electrical and natural gas energy consumption, the commission may develop and disseminate measures that would enhance energy efficiency for single-family residential dwellings that were built prior to the development of the current energy efficiency standards. The measures, if developed and disseminated, shall provide a homeowner with information to improve the energy efficiency of a single-family residential dwelling. The commission may comply with this section by posting the measures on the commission’s Internet Web site or by making the measures available to the public, upon request. (Added by Stats. 2001, Ch. 773, Sec. 3. Effective January 1, 2002.)
  47. 25401.7.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. )

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    When a single-family home is sold, the buyer or seller may request a home inspection, and the home inspector must provide contact information for one or more home-energy-information providers.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. ) ## 25401.7. At the time a single-family residential dwelling is sold, a buyer or seller may request a home inspection, as defined in subdivision (a) of Section 7195 of the Business and Professions Code, and a home inspector, as defined in subdivision (d) of Section 7195 of the Business and Professions Code, shall provide, contact information for one or more of the following entities that provide home energy information: (a) A nonprofit organization. (b) A provider to the residential dwelling of electrical service, or gas service, or both. (c) A government agency, including, but not limited to, the commission. (Added by Stats. 2001, Ch. 773, Sec. 4. Effective January 1, 2002.)
  48. 25401.9.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. )

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    The commission must adopt regulations setting performance standards and labeling requirements for landscape irrigation equipment, and it must consider certain testing protocols when doing so.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. ) ## 25401.9. (a) Pursuant to subdivision (c) of Section 25402, to the extent that funds are available, the commission, in consultation with the Department of Water Resources and in consideration of developments in landscape irrigation efficiency occurring on or after January 1, 2010, shall adopt by regulation, performance standards and labeling requirements for landscape irrigation equipment, including, but not limited to, irrigation controllers, moisture sensors, emission devices, and valves. (b) For the purposes of complying with subdivision (a), the commission shall do both of the following: (1) Adopt performance standards and labeling requirements for landscape irrigation equipment on or before January 1, 2019. (2) Consider the Irrigation Association’s Smart Water Application Technology Program testing protocols when adopting performance standards for landscape irrigation equipment, including, but not limited to, irrigation controllers, moisture sensors, emission devices, and valves. (c) No new irrigation equipment for landscape irrigation uses that is manufactured on or after the effective date of the regulations adopted pursuant to subdivision (a) shall be sold or offered for sale in the state unless the irrigation equipment meets the performance standards and labeling requirements established pursuant to this section and is certified by the manufacturer as in compliance with those standards. (Amended by Stats. 2016, Ch. 326, Sec. 1. (AB 1928) Effective January 1, 2017.)
  49. 25402.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. )

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    The commission must set and update energy and water efficiency standards for buildings and appliances, and certain permits or appliance sales are barred unless those standards are met.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. ) ## 25402. The commission shall, after one or more public hearings, do all of the following to reduce the wasteful, uneconomic, inefficient, or unnecessary consumption of energy, including the energy associated with the use of water, and to manage energy loads to help maintain electrical grid reliability: (a) (1) Prescribe, by regulation, lighting, insulation, climate control system, and other building design and construction standards that increase efficiency in the use of energy and water for new residential and new nonresidential buildings. The commission shall periodically update the standards and adopt any revision that, in its judgment, it deems necessary. Six months after the commission certifies an energy conservation manual pursuant to subdivision (c) of Section 25402.1, a city, county, city and county, or state agency shall not issue a permit for a building unless the building satisfies the standards prescribed by the commission pursuant to this subdivision or subdivision (b) that are in effect on the date an application for a building permit is filed. Water efficiency standards adopted pursuant to this subdivision shall be demonstrated by the commission to be necessary to save energy. (2) Before adopting a water efficiency standard for residential buildings, the Department of Housing and Community Development and the commission shall issue a joint finding whether the standard (A) is equivalent or superior in performance, in safety, and for the protection of life, health, and general welfare to standards in Title 24 of the California Code of Regulations and (B) does not unreasonably or unnecessarily impact the ability of Californians to purchase or rent affordable housing, as determined by taking account of the overall benefit derived from water efficiency standards. This subdivision does not in any way reduce the authority of the Department of Housing and Community Development to adopt standards and regulations pursuant to the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code). (3) Water efficiency standards and water conservation design standards adopted pursuant to this subdivision and subdivision (b) shall be consistent with the legislative findings of this division to ensure and maintain a reliable supply of electrical energy and be equivalent to or superior to the performance, safety, and protection of life, health, and general welfare standards contained in Title 24 of the California Code of Regulations. The commission shall consult with the members of the coordinating council as established in Section 18926 of the Health and Safety Code in the development of these standards. (b) (1) Prescribe, by regulation, energy and water conservation design standards for new residential and new nonresidential buildings. The standards shall be performance standards and shall be promulgated in terms of energy consumption per gross square foot of floorspace, but may also include devices, systems, and techniques required to conserve energy and water. The commission shall periodically review the standards and adopt any revision that, in its judgment, it deems necessary. A building that satisfies the standards prescribed pursuant to this subdivision need not comply with the standards prescribed pursuant to subdivision (a). Water conservation design standards adopted pursuant to this subdivision shall be demonstrated by the commission to be necessary to save energy. Before adopting a water conservation design standard for residential buildings, the Department of Housing and Community Development and the commission shall issue a joint finding whether the standard (A) is equivalent or superior in performance, in safety, and for the protection of life, health, and general welfare to standards in Title 24 of the California Code of Regulations, and (B) does not unreasonably or unnecessarily impact the ability of Californians to purchase or rent affordable housing, as determined by taking account of the overall benefit derived from the water conservation design standards. This subdivision does not in any way reduce the authority of the Department of Housing and Community Development to adopt standards and regulations pursuant to the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code). (2) To increase public participation and improve the efficacy of the standards adopted pursuant to subdivision (a) and this subdivision, the commission shall, before publication of the notice of proposed action required by Section 18935 of the Health and Safety Code, involve parties who would be subject to the proposed regulations in public meetings regarding the proposed regulations. All potential affected parties shall be provided advance notice of these meetings and given an opportunity to provide written or oral comments. During these public meetings, the commission shall receive and take into consideration input from all parties concerning the parties’ design recommendations, cost considerations, and other factors that would affect consumers and California businesses of the proposed standard. The commission shall take into consideration before the start of the notice of proposed action any input provided during these public meetings. (3) The standards adopted or revised pursuant to subdivision (a) and this subdivision shall be cost effective when taken in their entirety and when amortized over the economic life of the structure compared with historic practice. When determining cost-effectiveness, the commission shall consider the value of the water or energy saved, the impact on product efficacy for the consumer, and the life-cycle cost of complying with the standard. The commission shall consider other relevant factors, as required by Sections 18930 and 18935 of the Health and Safety Code, including, but not limited to, the impact on housing costs, the total statewide costs and benefits of the standard over its lifetime, the economic impact on California businesses, and any alternative approaches and their associated costs. (c) (1) (A) (i) Prescribe, by regulation, standards for minimum levels of operating efficiency, based on a reasonable use pattern, and may prescribe other cost-effective measures, including incentive programs, fleet averaging, energy and water consumption labeling not preempted by federal labeling law, and consumer education programs, to promote the use of energy- and water-efficient appliances whose use, as determined by the commission, requires a significant amount of energy or water on a statewide basis. The minimum levels of operating efficiency shall be based on feasible and attainable efficiencies or feasible improved efficiencies that will reduce the energy or water consumption growth rates. The standards for minimum levels of operating efficiency shall become effective no sooner than one year after the date of adoption or revision, unless the commission adopts a finding of good cause in which case the standards may become effective sooner than one year after the date of adoption or revision. A new appliance manufactured on or after the effective date of the standards or other cost-effective measures shall not be sold or offered for sale in the state, unless it is certified by the manufacturer of the appliance to be in compliance with the standards or other cost-effective measures. The standards or other cost-effective measures shall be drawn so that they do not result in any added total costs for consumers over the designed life of the appliances concerned. “Sold or offered for sale in the state” means any sale of or offer to sell an appliance for end use in the state, regardless of the seller’s physical location, and includes, without limitation, internet, telephone, and mail order transactions. For purposes of this section, the Uniform Commercial Code–Sales (Division 2 (commencing with Section 2101) of the Commercial Code) does not define “sold or offered for sale” or determine where sales or offers for sale occur. (ii) In making a finding of good cause for purposes of a standard becoming effective sooner than one year after the date of adoption or revision pursuant to clause (i), the commission shall consider, among other things, the following factors: (I) The availability of products on the market that meet the proposed standard. (II) The impact of an earlier effective date on manufacturers. (III) The health and safety benefits of an earlier effective date. (IV) The impact on innovation resulting from a one-year delay between the date of adoption or revision and the effective date of the standard. (V) The concerns raised by comments, provided to the commission pursuant to subparagraph (B), for an earlier effective date. (B) To increase public participation and improve the efficacy of the standards adopted pursuant to this subdivision, the commission shall, before publication of the notice of proposed action required by Section 18935 of the Health and Safety Code, involve parties who would be subject to the proposed regulations in public meetings regarding the proposed regulations. All potential affected parties shall be provided advance notice of these meetings and given an opportunity to provide written or oral comments. During these public meetings, the commission shall receive and take into consideration input from all parties concerning the parties’ design recommendations, cost considerations, and other factors that would affect consumers and California businesses of the proposed standard. The commission shall take into consideration before the start of the notice of proposed action any input provided during these public meetings. (C) The standards adopted or revised pursuant to this subdivision shall not result in any added total costs for consumers over the designed life of the appliances concerned. When determining cost-effectiveness, the commission shall consider the value of the water or energy saved, the impact on product efficacy for the consumer, and the life-cycle cost to the consumer of complying with the standard. The commission shall consider other relevant factors, as required by Sections 11346.5 and 11357 of the Government Code, including, but not limited to, the impact on housing costs, the total statewide costs and benefits of the standard over its lifetime, the economic impact on California businesses, and any alternative approaches and their associated costs. (2) A new appliance, except for a plumbing fitting, regulated under paragraph (1), that is manufactured on or after July 1, 1984, shall not be sold, or offered for sale, in the state, unless the date of the manufacture is permanently displayed in an accessible place on that appliance. (3) During the period of five years after the commission has adopted a standard for a particular appliance under paragraph (1), an increase or decrease in the minimum level of operating efficiency required by the standard for that appliance shall not become effective, unless the commission adopts other cost-effective measures for that appliance. (4) Neither the commission nor any other state agency shall take any action to decrease any standard adopted under this subdivision on or before June 30, 1985, prescribing minimum levels of operating efficiency or other energy conservation measures for any appliance, unless the commission finds by a four-fifths vote that a decrease is of benefit to ratepayers, and that there is significant evidence of changed circumstances. At least one year before the adoption or amendment of a standard for an appliance, the commission shall notify the Legislature of its intent, and the justification to adopt or amend a standard for the appliance. Notwithstanding paragraph (3) and this paragraph, the commission may do any of the following: (A) Increase the minimum level of operating efficiency in an existing standard up to the level of the National Voluntary Consensus Standards 90, adopted by the American Society of Heating, Refrigerating and Air-Conditioning Engineers or, for appliances not covered by that standard, up to the level established in a similar nationwide consensus standard. (B) Change the measure or rating of efficiency of any standard, if the minimum level of operating efficiency remains substantially the same. (C) Adjust the minimum level of operating efficiency in an existing standard to reflect changes in test procedures that the standards require manufacturers to use in certifying compliance, if the minimum level of operating efficiency remains substantially the same. (D) Readopt a standard preempted, enjoined, or otherwise found legally defective by an administrative agency or a lower court, if final legal action determines that the standard is valid and if the standard that is readopted is not more stringent than the standard that was found to be defective or preempted. (E) Adopt or amend any existing or new standard at any level of operating efficiency, if the Governor has declared an energy emergency as described in Section 8558 of the Government Code. (d) Recommend minimum standards of efficiency for the operation of a new facility at a particular site that are technically and economically feasible. A site and related facility shall not be certified pursuant to Chapter 6 (commencing with Section 25500), unless the applicant certifies that standards recommended by the commission have been considered, which certification shall include a statement specifying the extent to which conformance with the recommended standards will be achieved. (e) (1) Adopt, by regulation, and periodically update, standards for appliances to facilitate the deployment of flexible demand technologies. These regulations may include labeling provisions to promote the use of appliances with flexible demand capabilities. The flexible demand appliance standards shall be based on feasible and attainable efficiencies or feasible improvements that will enable appliance operations to be scheduled, shifted, or curtailed to enhance grid reliability, reduce emissions of greenhouse gases associated with electricity generation, or both enhancement and reduction. The standards shall become effective no sooner than one year after the date of their adoption or updating. (2) In adopting the flexible demand appliance standards, the commission shall consider the National Institute of Standards and Technology’s reliability and cybersecurity protocols, or other cybersecurity protocols that are equally or more protective, and shall adopt, at a minimum, the North American Electric Reliability Corporation’s Critical Infrastructure Protection standards. (3) The flexible demand appliance standards shall be cost effective. When determining cost-effectiveness, solely for purposes of this subdivision, the commission may consider, as appropriate, the cost of flexible demand appliances compared to nonflexible demand appliances, the value of increased or decreased emissions of greenhouse gases associated with the timing of an appliance’s use, the life-cycle cost to the consumer from using a product that complies with the standard, and the life-cycle costs and benefits to consumers, including the ability to conserve energy and better align consumer and electric system demand. The commission shall consider other relevant factors, as required by Sections 11346.5 and 11357 of the Government Code, including, but not limited to, the impact on housing costs, the total statewide costs and benefits of the standard over its lifetime, the economic impact on California businesses, and alternative approaches and their associated costs. (4) The commission shall consult with the Public Utilities Commission, load-serving entities, and local publicly owned electric utilities to better align the flexible demand appliance standards with demand response programs administered by the state and load-serving entities and local publicly owned electric utilities and to incentivize the deployment of flexible demand appliances. (5) The flexible demand appliance standards shall prioritize all of the following: (A) Appliances that can more conveniently have their electrical demand controlled by load-management technology and third-party load-management programs. (B) Appliances with load-management technology options that are readily available. (C) Appliances that have a user-friendly interface and follow a straightforward setup and connection process, such as remote setup by means of an internet website or application. (D) Appliances with load-management technology options that follow simple standards for third-party direct operation of the appliances. (E) Appliances that are interoperable or open source. (6) On or before January 1, 2021, and as necessary thereafter, the commission shall include as part of each integrated energy policy report adopted pursuant to Chapter 4 (commencing with Section 25300) a description of any actions it has taken pursuant to this subdivision and the flexible demand appliance standards’ cost to consumers. (7) For purposes of this subdivision, all of the following definitions apply: (A) “Flexible demand” means the capability to schedule, shift, or curtail the electrical demand of a load-serving entity’s customer or a local publicly owned electric utility’s customer through direct action by the customer or through action by a third party, the load-serving entity, or a grid balancing authority, with the customer’s consent. (B) “Load-serving entity” has the same meaning as defined in Section 380 of the Public Utilities Code. (C) “Local publicly owned electric utility” has the same meaning as defined in Section 224.3 of the Public Utilities Code. (Amended by Stats. 2024, Ch. 353, Sec. 15. (AB 1533) Effective January 1, 2025.)
  50. 25402.1.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. )

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    The commission must create and maintain energy-conservation tools, certification and assistance programs, and related manuals, and local building departments must not issue permits unless plan review confirms compliance.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. ) ## 25402.1. To implement the requirements of subdivisions (a) and (b) of Section 25402, the commission shall do all of the following: (a) Develop a public domain computer program that will enable contractors, builders, architects, engineers, and government officials to estimate the energy consumed by residential and nonresidential buildings. The commission may charge a fee for the use of the program, which fee shall be based on the actual cost of the program, including any computer costs. (b) Establish a formal process for certification of compliance options for new products, materials, and calculation methods that provides for adequate technical and public review to ensure accurate, equitable, and timely evaluation of certification applications. Proponents filing applications for new products, materials, and calculation methods shall provide all information needed to evaluate the application that is required by the commission. The commission shall publish annually the results of its certification decisions and instructions to users and local building officials concerning requirements for showing compliance with the building standards for new products, materials, or calculation methods. The commission may charge and collect a reasonable fee from applicants to cover the costs under this subdivision. Any funds received by the commission for purposes of this subdivision shall be deposited into the Energy Resources Programs Account and, notwithstanding Section 13340 of the Government Code, are continuously appropriated to the commission for the purposes of this subdivision. Any unencumbered portion of funds collected as a fee for an application remaining in the Energy Resources Programs Account after completion of the certification process for that application shall be returned to the applicant within a reasonable period of time. (c) Include a prescriptive method of complying with the standards, including design aids such as a manual, sample calculations, and model structural designs. (d) Conduct a pilot project of field testing of actual residential buildings to calibrate and identify potential needed changes in the modeling assumptions to increase the accuracy of the public domain computer program specified in subdivision (a) and to evaluate the impacts of the standards, including, but not limited to, the energy savings, cost-effectiveness, and the effects on indoor air quality. The pilot project shall be conducted pursuant to a contract entered into by the commission. The commission shall consult with the participants designated pursuant to Section 9202 of the Public Utilities Code to seek funding and support for field monitoring in each public utility service territory, with the University of California to take advantage of its extensive building monitoring expertise, and with the California Building Industry Association to coordinate the involvement of builders and developers throughout the state. The pilot project shall include periodic public workshops to develop plans and review progress. (e) Certify, not later than 180 days after approval of the standards by the California Building Standards Commission, an energy conservation manual for use by designers, builders, and contractors of residential and nonresidential buildings. The manual shall be furnished upon request at a price sufficient to cover the costs of production and shall be distributed at no cost to all affected local agencies. The manual shall contain, but not be limited to, the following: (1) The standards for energy conservation established by the commission. (2) Forms, charts, tables, and other data to assist designers and builders in meeting the standards. (3) Design suggestions for meeting or exceeding the standards. (4) Any other information that the commission finds will assist persons in conforming to the standards. (5) Instructions for use of the computer program for calculating energy consumption in residential and nonresidential buildings. (6) The prescriptive method for use as an alternative to the computer program. (f) The commission shall establish a continuing program of technical assistance to local building departments in the enforcement of subdivisions (a) and (b) of Section 25402 and this section. The program shall include the training of local officials in building technology and enforcement procedures related to energy conservation, and the development of complementary training programs conducted by local governments, educational institutions, and other public or private entities. The technical assistance program shall include the preparation and publication of forms and procedures for local building departments in performing the review of building plans and specifications. The commission shall provide, on a contract basis, a review of building plans and specifications submitted by a local building department, and shall adopt a schedule of fees sufficient to repay the cost of those services. (g) Subdivisions (a) and (b) of Section 25402 and this section, and the rules and regulations of the commission adopted pursuant thereto, shall be enforced by the building department of every city, county, or city and county. (1) A building permit for any residential or nonresidential building shall not be issued by a local building department, unless a review by the building department of the plans for the proposed residential or nonresidential building contains detailed energy system specifications and confirms that the building satisfies the minimum standards established pursuant to subdivision (a) or (b) of Section 25402 and this section applicable to the building. (2) Where there is no local building department, the commission shall enforce subdivisions (a) and (b) of Section 25402 and this section. (3) If a local building department fails to enforce subdivisions (a) and (b) of Section 25402, this section, or any other provision of this chapter or standard adopted pursuant thereto, the commission may provide enforcement after furnishing 10 days’ written notice to the local building department. (4) A city, county, or city and county may, by ordinance or resolution, prescribe a schedule of fees sufficient to pay the costs incurred in the enforcement of subdivisions (a) and (b) of Section 25402 and this section. The commission may establish a schedule of fees sufficient to pay the costs incurred by that enforcement. (5) The construction of any state building shall not commence until the Department of General Services or the state agency that otherwise has jurisdiction over the property reviews the plans for the proposed building and certifies that the plans satisfy the minimum standards established pursuant to subdivision (a) or (b) of Chapter 2.8 (commencing with Section 15814.30) of Part 10b of Division 3 of Title 2 of the Government Code, Section 25402, and this section that are applicable to the building. (h) Subdivisions (a) and (b) of Section 25402 and this section shall apply only to new residential and nonresidential buildings on which actual site preparation and construction have not commenced before the effective date of rules and regulations adopted pursuant to those sections that are applicable to those buildings. Those sections do not prohibit either of the following: (1) The enforcement of state or local energy conservation or energy insulation standards, adopted before the effective date of rules and regulations adopted pursuant to subdivisions (a) and (b) of Section 25402 and this section with regard to residential and nonresidential buildings on which actual site preparation and construction have commenced before that date. (2) The enforcement of city or county energy conservation or energy insulation standards, whenever adopted, with regard to residential and nonresidential buildings on which actual site preparation and construction have not commenced before the effective date of rules and regulations adopted pursuant to subdivisions (a) and (b) of Section 25402 and this section, if the city or county files the basis of its determination that the standards are cost effective with the commission and the commission finds that the standards will require the diminution of energy consumption levels permitted by the rules and regulations adopted pursuant to those sections. If, after two or more years after the filing with the commission of the determination that those standards are cost effective, there has been a substantial change in the factual circumstances affecting the determination, upon application by any interested party, the city or county shall update and file a new basis of its determination that the standards are cost effective. The determination that the standards are cost effective shall be adopted by the governing body of the city or county at a public meeting. If, at the meeting on the matter, the governing body determines that the standards are no longer cost effective, the standards shall, as of that date, be unenforceable and a building permit or other entitlement shall not be denied based on the noncompliance with the standards. (i) The commission may exempt from the requirements of this section and of any regulations adopted pursuant thereto any proposed building for which compliance would be impossible without substantial delays and increases in cost of construction, if the commission finds that substantial funds have been expended in good faith on planning, designing, architecture, or engineering before the date of adoption of the regulations. (j) If a dispute arises between an applicant for a building permit, or the state pursuant to paragraph (5) of subdivision (g), and the building department regarding interpretation of Section 25402 or the regulations adopted pursuant thereto, either party may submit the dispute to the commission for resolution. The commission’s determination of the matter shall be binding on the parties. (k) Sections 25130, 25131, and 25402, and this section, do not prevent enforcement of any regulation adopted pursuant to this chapter, or Chapter 11.5 (commencing with Section 19878) of Part 3 of Division 13 of the Health and Safety Code as they existed before September 16, 1977. (Amended by Stats. 2024, Ch. 353, Sec. 16. (AB 1533) Effective January 1, 2025.)
  51. 25402.10.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. )

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    Utilities must keep energy-usage records and provide aggregated building data on request, while the commission must adopt benchmarking disclosure rules.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. ) ## 25402.10. (a) For purposes of this section, all of the following definitions apply: (1) To “benchmark,” in reference to energy use, means to obtain information on the energy use in an entire building for a specific period to enable that usage to be tracked or compared against other buildings. (2) “Covered building” means either or both of the following: (A) Any building with no residential utility accounts. (B) Any building with five or more active utility accounts, residential or nonresidential. (3) “Energy” means electricity, natural gas, steam, or fuel oil sold by a utility to a customer for end uses addressed by the ENERGY STAR Portfolio Manager or any alternative system or tool approved by the commission. (4) “ENERGY STAR Portfolio Manager” means the tool developed and maintained by the United States Environmental Protection Agency to track and assess the energy performance of buildings. (b) On and after January 1, 2016, each utility shall maintain records of the energy usage data of all buildings to which they provide service for at least the most recent 12 complete calendar months. (c) (1) Subject to the requirements of paragraph (2), on and after January 1, 2017, each utility shall, upon the request and written authorization or secure electronic authorization of the owner, owner’s agent, or operator of a covered building, deliver or otherwise provide aggregated energy usage data for a covered building to the owner, owner’s agent, or building operator, or to the owner’s account in the ENERGY STAR Portfolio Manager or any alternative system or tool approved by the commission. The commission may specify additional information to be delivered by utilities to enable building owners to complete benchmarking of the energy use in their buildings and in other systems or formats for information delivery and automation. (2) The delivery of information by utilities pursuant to this section shall be subject to the following requirements: (A) For covered buildings with three or more active utility accounts, each utility shall deliver information showing the aggregated energy usage data of all utility customers in the same building for each of the 12 prior months. Notwithstanding any other law, energy usage data aggregated in this manner shall not be deemed customer utility usage information or confidential information by the utility for purposes of delivery to the owner, owner’s agent, or operator of a building. The building owner and utility shall not have any liability for any use or disclosure of aggregated energy usage data delivered as required by this section. (B) For covered buildings not subject to subparagraph (A), each utility shall deliver the information showing the aggregated energy usage data of all utility customers in each covered building for each of the prior 12 months if the accountholder provides written or electronic consent for the delivery of the accountholder’s energy usage data to the owner, owner’s agent, operator, or utility. (C) Each utility shall deliver, upload, or otherwise provide aggregated energy usage data within four weeks of receiving a request from an owner, owner’s agent, or operator of a covered building. (D) Each utility shall make available the covered building energy usage data aggregated at a monthly level unless otherwise specified by the commission. (E) The building owner and utility shall not have any liability for any use or disclosure by others of usage information delivered as required by this section. (d) The commission shall adopt regulations providing for the delivery to the commission and public disclosure of benchmarking of energy use for covered buildings, as follows: (1) This subdivision does not require the owner of a building with less than 50,000 square feet of gross floor space or with 16 or fewer residential utility accounts to collect or deliver energy usage information to the commission. (2) The commission may do, but is not limited to doing, all of the following in regulations adopted pursuant to this subdivision: (A) Identify and provide for the collection of the energy usage data for calculations for the purpose of benchmarking energy use. (B) Identify and provide for the collection of the covered building characteristic information deemed necessary by the commission for the calculations for the purpose of benchmarking energy use. (C) Specify the manner in which certain benchmarking of energy use shall be publicly disclosed. (D) Determine which covered buildings, in addition to those described in paragraph (1), are not subject to the public disclosure requirement. (E) Set a schedule to implement the requirements for public disclosure adopted by the commission. (F) Determine if compliance with a local or county benchmarking program fulfills the commission’s requirements adopted pursuant to this subdivision. (G) Identify categories of information it receives pursuant to this section that are protected from release under either the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) or the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). (3) The commission shall determine who will deliver the energy usage data and related information for any covered building to the commission. (e) The commission may ensure timely and accurate compliance with the data submission requirements of this section by using the enforcement measures identified in Section 25321. An owner of a covered building, or its agents or operators, shall not be liable for any noncompliance due to the failure of a utility to provide the information required for compliance. (f) For buildings that are not covered buildings, and for customer information that is not aggregated pursuant to subparagraph (A) of paragraph (2) of subdivision (c), the commission may adopt regulations prescribing how utilities shall either obtain the customer’s permission or determine that a building owner has obtained the customer’s permission, for the owner to receive aggregated energy usage data or, where applicable, individual customer usage information, including by use of electronic authorization and in a lease agreement between the owner and the customer. (g) The reasonable costs of an electrical or gas corporation in delivering electrical or gas usage data pursuant to this section or other information as required under state or federal law or by an order of the commission shall be recoverable in rates evaluated and approved by the Public Utilities Commission. (h) The reasonable costs of local publicly owned electric utilities in disclosing electrical usage data pursuant to this section may be considered “cost-effective demand-side management services to promote energy efficiency and energy conservation” and thereby reimbursable by their general funds. (i) (1) For purposes of adopting or revising regulations pursuant to subdivision (d), the commission may include two or more buildings located on a single parcel or adjacent parcels with the same owner of record and with five or more active utility accounts, in aggregate, residential or nonresidential, as a single covered building, as described in subparagraph (B) of paragraph (2) of subdivision (a). (2) An electrical or gas utility shall provide to the owner, owner’s agent, or operator of a property containing two or more buildings on a single parcel or adjacent parcels with five or more active utility accounts, in aggregate, residential or nonresidential, upon request of the owner, agent, or operator, aggregate energy usage data on all such buildings in a manner provided pursuant to subdivision (c) as if those buildings are a single covered building, as described in subparagraph (B) of paragraph (2) of subdivision (a). (j) This section does not prevent a city or county from establishing its own benchmarking program requiring collection, delivery, and disclosure of building information. (Amended by Stats. 2025, Ch. 765, Sec. 1. (SB 500) Effective January 1, 2026.)
  52. 25402.11.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. )

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    The commission may create an administrative enforcement process for certain appliance regulation violations, with penalties up to $2,500 per violation, and related court enforcement and funding rules.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. ) ## 25402.11. (a) (1) The commission may adopt regulations establishing an administrative enforcement process for a violation of a regulation adopted pursuant to subdivisions (c) and (e) of Section 25402 and for the assessment of an administrative civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation. The process shall comply with the requirements of Chapter 4 (commencing with Section 11370) and Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code. (2) In assessing the amount of an administrative penalty, the commission shall consider all of the following factors: (A) The nature and seriousness of the violation. (B) The number of violations. (C) The persistence of the violation. (D) The length of time over which the violation occurred. (E) The willfulness of the violation. (F) The violator’s assets, liabilities, and net worth. (G) The harm to consumers and to the state that resulted from the amount of energy wasted due to the violation. (b) If the commission finds that a violation of the regulations adopted pursuant to subdivisions (c) and (e) of Section 25402 has occurred or is threatening to occur, the commission may refer the matter to the Attorney General to petition a court to enjoin the violation. The court may grant prohibitory or mandatory injunctive relief as warranted by issuing a temporary restraining order, preliminary injunction, or permanent injunction, and may assess a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, considering the factors specified in paragraph (2) of subdivision (a). (c) Penalties collected pursuant to this section shall be deposited into the Appliance Efficiency Enforcement Subaccount, which is hereby established in the Energy Resources Programs Account. The moneys in the Appliance Efficiency Enforcement Subaccount may be expended by the commission, upon appropriation by the Legislature, for the education of the public regarding appliance energy efficiency and for the enforcement of the regulations adopted pursuant to subdivisions (c) and (e) of Section 25402. (d) An order imposing an administrative civil penalty shall be subject to judicial review pursuant to subdivisions (a) and (b) of Section 25534.2. (e) A person shall not be liable for a civil penalty pursuant to subdivision (b) if that person is subject to an administrative civil penalty pursuant to subdivision (a). (f) In a civil action brought on behalf of the commission pursuant to this section, upon granting relief, the court shall award to the commission the reasonable costs incurred by the commission in investigating and prosecuting the action. (g) The commission shall not initiate an administrative enforcement process pursuant to the regulations adopted pursuant to this section against an entity for the unlawful sale or the unlawful offer for sale of an appliance if both of the following apply: (1) The appliance fully complies with all of the requirements of the regulations adopted pursuant to subdivisions (c) and (e) of Section 25402. (2) The only basis for the commission’s potential enforcement action is that the appliance is not considered to be in compliance because of the commission’s delay in reviewing and processing information submitted to it that demonstrates full compliance. (h) In addition to the prohibitions specified in subdivision (g), the commission shall not initiate an administrative enforcement process pursuant to the regulations adopted pursuant to this section for a violation of a standard adopted pursuant to subdivisions (c) and (e) of Section 25402 until both of the following occur: (1) No fewer than 60 days have elapsed since the date when the standard was published in the California Register. (2) No fewer than 30 days have elapsed since the date when the alleged violator received written notice of the alleged violation and date when the commission provided public notice of the standard. (Amended by Stats. 2024, Ch. 353, Sec. 19. (AB 1533) Effective January 1, 2025.)
  53. 25402.12.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. )

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    The commission must approve a compliance plan by January 1, 2019, and may later adopt regulations consistent with that plan.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. ) ## 25402.12. (a) On or before January 1, 2019, the commission, in consultation with the Contractors’ State License Board, local building officials, and other stakeholders, shall approve a plan that will promote compliance with Part 6 of Title 24 of the California Code of Regulations in the installation of central air conditioning and heat pumps. (b) Before approving the plan described in subdivision (a), the commission shall do all of the following: (1) Evaluate the best available technological and economic information to ensure that data collection and its use is feasible and achievable at a reasonable cost to government, industry, and homeowners. (2) Consider the impact of the plan on all of the following: (A) Property owners. (B) The heating, ventilation, and air conditioning industry, including manufacturers, distributors, and contractors. (C) Local governments. (D) Building officials. (E) The Contractors’ State License Board. (3) Provide the public with the opportunity to review and comment on the proposed plan. (c) The commission may adopt regulations to increase compliance with permitting and inspection requirements for central air conditioning and heat pumps, and associated sales and installations, consistent with the plan approved pursuant to subdivision (a). (Amended by Stats. 2017, Ch. 561, Sec. 206. (AB 1516) Effective January 1, 2018.)
  54. 25402.13.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. )

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    The commission must consider revising the definition of “conditioned space, indirectly” during the triennial review pending as of January 1, 2024.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. ) ## 25402.13. Beginning with the triennial review of Part 6 (commencing with Section 100.0) of Title 24 of the California Code of Regulations that is pending as of January 1, 2024, the commission shall consider revising the definition of “conditioned space, indirectly” for purposes of those regulations to include sealed and unvented attics, where the space is enclosed by the primary thermal and air barrier and directly adjoining conditioned space. (Added by Stats. 2023, Ch. 509, Sec. 1. (SB 837) Effective January 1, 2024.)
  55. 25402.16.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. )

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    The commission must develop a benchmarking-data strategy for covered buildings and submit it to the Legislature by set dates.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. ) ## 25402.16. (a) For purposes of this section, the following definitions apply: (1) “Benchmarking data” means data delivered to the commission pursuant to Section 25402.10. (2) “Covered building” means any building subject to the benchmarking regulations adopted pursuant to Section 25402.10. (3) “Fuel-related emissions of greenhouse gases” means emissions of greenhouse gases from the onsite usage of fuels or emissions of greenhouse gases from the offsite production of steam or other forms of thermal energy, or from locally generated electricity, as part of a district energy system, but excludes emissions of greenhouse gases associated with electricity from the electrical grid that is used by a covered building. (4) “Harassment” means an act that is unlawful pursuant to subdivision (a) of Section 1940.2 of the Civil Code, a misrepresentation made to a tenant that the tenant is required to vacate a rented area, or any other act defined as harassment by an applicable city, county, or city and county ordinance. (5) “Under-resourced community” has the same meaning as defined in Section 71130. (b) On or before July 1, 2026, the commission, in consultation with the State Air Resources Board, Public Utilities Commission, and Department of Housing and Community Development, shall develop a strategy for using benchmarking data to track and manage the energy usage and emissions of greenhouse gases of covered buildings in order to achieve the state’s goals, targets, and standards related to energy usage and emissions of greenhouse gases of covered buildings, including both of the following targets: (1) The annual targets for statewide energy efficiency savings and demand reduction established pursuant to subdivision (c) of Section 25310. (2) The greenhouse gas emission reductions targets for the building sector established by the State Air Resources Board as part of achieving the economywide greenhouse gas emissions reductions required pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code). (c) In developing the strategy pursuant to subdivision (b), the commission shall do all of the following: (1) Avoid increasing utility and rental cost burdens for, or causing evictions, harassment, or displacement of, tenants of covered buildings. For purposes of this paragraph, the commission shall consider including the following requirements as part of the strategy: (A) Requirements to prohibit a renovation to a covered building that is required by the strategy from being a basis for terminating a tenancy and to ensure that any temporary relocation costs resulting from the renovation is paid for by the covered building owner. (B) Requirements to prohibit an increase in rent for a tenant as a result of a renovation to a covered building that is required by the strategy or to limit the increase in rent to the long-term energy savings to a tenant resulting from the renovation. (2) Assess the feasibility and cost-effectiveness of building upgrades available to covered building owners for achieving increased energy efficiency and reductions of the emissions of greenhouse gases. (3) Provide flexibility, to the extent feasible, for covered building owners to select among technology options and to align the timing of building upgrades with equipment replacement cycles. (4) Encourage equitable access to jobs and other economic opportunities that may result from increased investment in covered building upgrades. (5) Prioritize reductions in fuel-related emissions of greenhouse gases because the state has already established targets, pursuant to Section 454.53 of the Public Utilities Code, for reducing, and ultimately eliminating, indirect emissions of greenhouse gases associated with electricity. (6) Prioritize efficiency and decarbonization measures that will benefit tenants, including measures that reduce tenants’ energy costs and remove indoor environmental hazards. (7) Consider including a process by which a covered building owner can propose, and the commission, or a local city or county building department to which the commission delegates this authority, may approve or reject, an alternative compliance plan. An alternative compliance plan shall, consistent with paragraph (1), avoid increasing utility and rental cost burdens for, or causing evictions, harassment, or displacement of, tenants. (8) Consider authorizing a local jurisdiction to implement its own program for increasing energy efficiency and reducing the emissions of greenhouse gases as an alternative to the strategy developed pursuant to subdivision (b) if that program is expected to achieve substantially equivalent or better increases in energy efficiency and reductions of the emissions of greenhouse gases, and if that program guarantees substantially equivalent or stronger tenant protections. (d) In developing the strategy pursuant to subdivision (b), the commission shall consider input from affected stakeholders, including all of the following: (1) Members of under-resourced communities and community-based organizations representing tenant advocacy, equity, and environmental justice concerns of under-resourced communities. (2) Representatives of local city or county government. (3) Owners or operators of affordable housing. (4) Groups representing low-income residential and small commercial tenants, including organizations that provide legal services to those tenants. (5) Providers of energy efficiency, renewable energy, and building decarbonization equipment and services. (6) Labor unions that represent workers who implement building upgrades related to, or who manage or service, the energy infrastructure of covered buildings. (7) Technical building design professionals. (8) Facility operations professionals. (9) Multiunit residential building owners. (10) Nonresidential building owners. (11) Energy utilities. (e) In order to ensure equitable participation and input from stakeholders representing under-resourced communities, low-income residential tenants, and small commercial tenants in the development of the strategy pursuant to subdivision (b), the commission shall do all of the following: (1) Contract with one or more organizations with experience representing under-resourced communities, low-income residential tenants, and small commercial tenants to advise the commission on the development of the strategy. (2) Consider the feedback and recommendations from each advisory organization contracted with pursuant to paragraph (1) on the proposed strategy in advance of adopting any final strategy and, to the extent that any recommendations are not adopted in the final strategy, provide a written explanation of why the recommendations were not adopted and how the final strategy attempts to address the issues raised in those recommendations in an alternative way. (3) In consultation with the advisory organizations contracted with pursuant to paragraph (1) and other stakeholders, develop metrics that could be used if the strategy is implemented to measure how the strategy is impacting under-resourced communities, low-income residential tenants, and small commercial tenants, and assess whether the strategy is achieving just and equitable outcomes. (f) (1) On or before August 1, 2026, the commission shall submit to the Legislature the strategy developed pursuant to subdivision (b) and recommendations for further legislative action that would help achieve the objectives described in subdivision (c) if the strategy is implemented. (2) The commission may submit the strategy and recommendations to the Legislature as part of a report otherwise submitted to the Legislature. (Added by Stats. 2023, Ch. 378, Sec. 3. (SB 48) Effective January 1, 2024.)
  56. 25402.17.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. )

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    The commission must evaluate passive house energy efficiency standards and related cost-effectiveness issues, and it must submit a report to the Legislature by July 1, 2028.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. ) ## 25402.17. (a) The commission shall evaluate the cost-effectiveness of passive house energy efficiency standards by California climate zone, using commission-adopted metrics such as long-term system cost. (b) The commission shall evaluate the use of the two passive house energy models currently required for passive house certification in its analysis and the cost-effectiveness of passive house construction compared to existing construction under Part 6 (commencing with Section 100.0) of Title 24 of the California Code of Regulations. (c) The evaluation of the cost-effectiveness of passive house construction conducted by the commission pursuant to this section shall comply with the requirements of paragraph (3) of subdivision (b) of Section 25402. (d) (1) On or before July 1, 2028, the commission shall submit a report to the Legislature documenting its findings and recommendations. (2) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2032, pursuant to Section 10231.5 of the Government Code. (3) The report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2025, Ch. 145, Sec. 1. (AB 368) Effective January 1, 2026.)
  57. 25402.2.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. )

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    Certain commission-adopted building standards must be submitted to the State Building Standards Commission for approval.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. ) ## 25402.2. Any standard adopted by the commission pursuant to Sections 25402 and 25402.1, which is a building standard as defined in Section 25488.5, shall be submitted to the State Building Standards Commission for approval pursuant to, and is governed by, the State Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code). Building standards adopted by the commission and published in the State Building Standards Code shall be enforced as provided in Sections 25402 and 25402.1. (Amended by Stats. 1994, Ch. 1145, Sec. 6. Effective January 1, 1995.)
  58. 25402.3.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. )

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    The commission must work with California building officials to set up two regional training centers and provide ongoing training for local building officials and enforcement personnel.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. ) ## 25402.3. For purposes of subdivision (e) of Section 25402.1, the commission shall contract with California building officials to establish two regional training centers to provide continuing education for local building officials and enforcement personnel as follows: (a) One site shall be located in northern California and one site shall be located in southern California to serve the needs of the respective regions. (b) The centers shall provide training on a monthly basis to ensure a uniform understanding and implementation of the energy efficient building standards. Existing resources shall be used as much as possible by utilizing members of the building official community in training activities. (c) The centers shall provide similar training sessions, in the form of workshops given in designated rural areas, to ensure that adequate training is available throughout the state. (1) A minimum of two workshops in northern California and two workshops in southern California shall be offered each year. (2) The sites shall be selected to ensure the greatest number of participants will be served in areas of greatest need to decrease the financial burden on small rural or isolated local government agencies that would not be able to travel to the regional training centers for instruction. (Added by Stats. 1988, Ch. 1429, Sec. 2.)
  59. 25402.4.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. )

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    Standards for nonresidential buildings must include at least one option that uses passive or semipassive thermal systems to meet the energy-use requirements.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. ) ## 25402.4. The standards for nonresidential buildings prescribed by the commission pursuant to subdivisions (a) and (b) of Section 25402 shall provide at least one option which uses passive or semipassive thermal systems, as defined in Section 25600, for meeting the prescribed energy use requirements. These systems may include, but are not limited to, the following construction techniques: (a) Use of skylights or other daylighting techniques. (b) Use of openable windows or other means of using outside air for space conditioning. (c) Use of building orientation, to complement other passive or semipassive thermal systems. (d) Use of thermal mass, of structural or nonstructural type, for storage of heat or cold, including, but not limited to, roof ponds and water walls. (Added by Stats. 1982, Ch. 1419, Sec. 1.)
  60. 25402.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. )

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    The commission must treat certain lighting devices as covered lighting and adopt efficiency standards for outdoor lighting.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. ) ## 25402.5. (a) As used in this section, “lighting device” includes, but is not limited to, a lamp, luminaire, light fixture, lighting control, ballast, or any component of those devices. (b) (1) The commission shall consider both new and replacement, and both interior and exterior, lighting devices as lighting which is subject to subdivision (a) of Section 25402. (2) The commission shall include both indoor and outdoor lighting devices as appliances to be considered in prescribing standards pursuant to paragraph (1) of subdivision (c) of Section 25402. (3) The Legislature hereby finds and declares that paragraphs (1) and (2) are declarative of existing law. (c) The commission shall adopt efficiency standards for outdoor lighting. The standards shall be technologically feasible and cost-effective. As used in this subdivision, “outdoor lighting” refers to all electrical lighting that is not subject to standards adopted pursuant to Section 25402, and includes, but is not limited to, street lights, traffic lights, parking lot lighting, and billboard lighting. The commission shall consult with the Department of Transportation (CALTRANS) to ensure that outdoor lighting standards that affect CALTRANS are compatible with that department’s policies and standards for safety and illumination levels on state highways. (Amended by Stats. 2001, 1st Ex. Sess., Ch. 7, Sec. 4. Effective April 12, 2001.)
  61. 25402.5.4.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. )

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    The commission must adopt minimum energy efficiency standards for general purpose lights, and state agencies must stop buying noncompliant lights within the stated deadlines.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. ) ## 25402.5.4. (a) On or before December 31, 2008, the commission shall adopt minimum energy efficiency standards for all general purpose lights on a schedule specified in the regulations. The regulations, in combination with other programs and activities affecting lighting use in the state, shall be structured to reduce average statewide electrical energy consumption by not less than 50 percent from the 2007 levels for indoor residential lighting and by not less than 25 percent from the 2007 levels for indoor commercial and outdoor lighting, by 2018. (b) The commission shall make recommendations to the Governor and the Legislature regarding how to continue reductions in electrical consumption for lighting beyond 2018. (c) The commission may establish programs to encourage the sale in this state of general purpose lights that meet or exceed the standards set forth in subdivision (a). (d) (1) Except as provided in paragraph (2), the Department of General Services, and all other state agencies, as defined in Section 12200 of the Public Contract Code, in coordination with the commission, shall cease purchasing general purpose lights that do not meet the standards adopted pursuant to subdivision (a), within two years of those standards being adopted. (2) The Department of General Services, and all other state agencies, as defined in Section 12200 of the Public Contract Code, in coordination with the commission shall cease purchasing general purpose lights with an appearance that is historically appropriate for the facilities in which the lights are being used, and that do not meet the standards adopted pursuant to subdivision (a) within four years of those standards being adopted. (e) It is the intent of the Legislature to encourage the Regents of the University of California, in coordination with the commission, to cease purchasing general purpose lights that do not meet the standards adopted pursuant to subdivision (a), within two years of those standards being adopted. (f) (1) (A) For purposes of this section, “general purpose lights” means lamps, bulbs, tubes, or other electric devices that provide functional illumination for indoor residential, indoor commercial, and outdoor use. (B) General purpose lights do not include any of the following types of specialty lighting: appliance, black light, bug, colored, infrared, left-hand thread, marine, marine signal service, mine service, plant light, reflector, rough service, shatter resistant, sign service, silver bowl, showcase, three-way, traffic signal, and vibration service or vibration resistant. (2) The commission may, after one or more public workshops, with public notice and an opportunity for all interested parties to comment, provide for inclusion of a particular type of specialty light in its energy efficiency standards applicable to general purpose lighting, if it finds that there has been a significant increase in sales of that particular type of particular specialty light due to the use of that specialty light in general purpose lighting applications. (3) General purpose lights do not include lights needed to provide special-needs lighting for individuals with exceptional needs. (Amended by Stats. 2008, Ch. 179, Sec. 185. Effective January 1, 2009.)
  62. 25402.7.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. )

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    Electric and gas utilities must support building standards and related regulations, including research, development, and training, and they do so in consultation with the commission and only when funds are available.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. ) ## 25402.7. (a) In consultation with the commission, electric and gas utilities shall provide support for building standards and other regulations pursuant to Section 25402, including appropriate research, development, and training to implement those standards and other regulations. (b) The electric and gas utilities shall provide support pursuant to subdivision (a) only to the extent that funds are made available to the utilities for that purpose. (Amended by Stats. 2024, Ch. 353, Sec. 18. (AB 1533) Effective January 1, 2025.)
  63. 25402.8.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. )

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    When the commission assesses new energy-conservation building standards for residential or nonresidential buildings, it must consider the standards’ impact on indoor air pollution.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. ) ## 25402.8. When assessing new building standards for residential and nonresidential buildings relating to the conservation of energy, the commission shall include in its deliberations the impact that those standards would have on indoor air pollution problems. (Amended by Stats. 1994, Ch. 1145, Sec. 7. Effective January 1, 1995.)
  64. 25402.9.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. )

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    The commission must create and publish an informational booklet about the statewide home energy rating program, consult listed stakeholders while developing it, and charge a fee to recover its costs.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. ) ## 25402.9. (a) On or before July 1, 1996, the commission shall develop, adopt, and publish an informational booklet to educate and inform homeowners, rental property owners, renters, sellers, brokers, and the general public about the statewide home energy rating program adopted pursuant to Section 25942. (b) In the development of the booklet, the commission shall consult with representatives of the Bureau of Real Estate, the Department of Housing and Community Development, the Public Utilities Commission, investor-owned and municipal utilities, cities and counties, real estate licensees, homebuilders, mortgage lenders, home appraisers and inspectors, home energy rating organizations, contractors who provide home energy services, consumer groups, and environmental groups. (c) The commission shall charge a fee for the informational booklet to recover its costs under subdivision (a). (Amended by Stats. 2013, Ch. 352, Sec. 483. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  65. 25403.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. )

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    The commission must assess greenhouse-gas reduction potential for residential and commercial buildings, report the findings to the Legislature, include ongoing emissions reporting in later energy policy reports, and publish that information on its website.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. ) ## 25403. (a) By January 1, 2021, the commission, in consultation with the Public Utilities Commission, the State Air Resources Board, and the Independent System Operator, shall assess the potential for the state to reduce the emissions of greenhouse gases in the state’s residential and commercial building stock by at least 40 percent below 1990 levels by January 1, 2030. The assessment shall include consideration of all of the following: (1) An evaluation, based on the best available data and existing analyses, of the cost per metric ton of carbon dioxide equivalent of the potential reduction from residential and commercial building stock relative to other statewide greenhouse gas emissions reduction strategies. (2) The cost-effectiveness of strategies to reduce emissions of greenhouse gases from space heating and water heating in both new and existing residential and commercial buildings. (3) The challenges associated with reducing emissions of greenhouse gases from low-income housing, multifamily housing, and high-rise buildings. (4) Load management strategies to optimize building energy use in a manner that reduces the emissions of greenhouse gases. (5) The potential impacts of emission reduction strategies on ratepayers, construction costs, and grid reliability. In assessing the impact on grid reliability, the commission shall account for both of the following: (A) The commission’s 2019 Building Energy Efficiency Standards, effective January 1, 2020, that propose to require solar energy systems on all new single-family and low-rise residential dwellings. (B) The increased load and impact on electrical infrastructure due to transportation electrification. (b) (1) By June 1, 2021, the commission, pursuant to Section 9795 of the Government Code, shall report to the Legislature the findings from the assessment. (2) Pursuant to Section 10231.5 of the Government Code, this subdivision is inoperative on June 1, 2026. (c) Beginning with the integrated energy policy report due on November 1, 2021, and in all subsequent integrated energy policy reports, the commission shall include a report on the emissions of greenhouse gases, based on existing data, associated with the supply of energy to residential and commercial buildings, by fuel type. The commission shall make this information publicly available on its Internet Web site. (Added by Stats. 2018, Ch. 373, Sec. 2. (AB 3232) Effective January 1, 2019.)
  66. 25403.2.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. )

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    The commission must run a statewide incentive program for new market-rate multifamily and single-family residential buildings, with special treatment for all-electric buildings and buildings with energy storage systems.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. ) ## 25403.2. (a) Using the moneys appropriated pursuant to Items 3360-105-0001 and 3360-005-0001 of Section 2.00 of the Budget Act of 2021, the commission shall implement and administer a statewide program to incentivize the construction of new multifamily and single-family market-rate residential buildings as all-electric buildings or with energy storage systems. The commission shall provide a combined incentive if a building is both all electric and has an energy storage system. (b) The program implemented and administered pursuant to this section shall be known as the Building Initiative for Low-Emissions Development Program Phase 2. (c) In implementing and administering the Building Initiative for Low-Emissions Development Program Phase 2, the commission shall do all of the following: (1) Before June 30, 2022, develop and approve program guidelines in a public process. The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to the development and approval of the guidelines. (2) Make program applications available within 30 days of the commission approving the guidelines pursuant to paragraph (1). (3) Ensure, to the extent reasonable, that the program incentivizes the construction of buildings as all electric or with energy storage systems that would not have otherwise been constructed as all electric or with energy storage systems but for the Building Initiative for Low-Emissions Development Program Phase 2. (4) Ensure, to the extent reasonable, that the program incentivizes the installation of technologies not otherwise required pursuant to the applicable local and state building codes. (d) A goal of the Building Initiative for Low-Emissions Development Program Phase 2 is to spur significant market adoption of all-electric buildings and energy storage systems. (e) The commission may pay an incentive upfront if not doing so would inhibit participation in the Building Initiative for Low-Emissions Development Program Phase 2. (Amended by Stats. 2022, Ch. 61, Sec. 3. (AB 205) Effective June 30, 2022.)
  67. 25403.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. )

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    The commission must adopt electrical load management standards for each utility service area and may grant exemptions or delays in limited cases.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. ) ## 25403.5. (a) The commission shall, by July 1, 1978, adopt standards by regulation for a program of electrical load management for each utility service area. In adopting the standards, the commission shall consider, but need not be limited to, the following load management techniques: (1) Adjustments in rate structure to encourage use of electrical energy at off-peak hours or to encourage control of daily electrical load. Compliance with those adjustments in rate structure shall be subject to the approval of the Public Utilities Commission in a proceeding to change rates or service. (2) End use storage systems which store energy during off-peak periods for use during peak periods. (3) Mechanical and automatic devices and systems for the control of daily and seasonal peakloads. (b) The standards shall be cost-effective when compared with the costs for new electrical capacity, and the commission shall find them to be technologically feasible. Any expense or any capital investment required of a utility by the standards shall be an allowable expense or an allowable item in the utility rate base and shall be treated by the Public Utilities Commission as allowable in a rate proceeding. The commission may determine that one or more of the load management techniques are infeasible and may delay their adoption. If the commission determines that any techniques are infeasible to implement, it shall make a finding in each instance stating the grounds upon which the determination was made and the actions it intends to take to remove the impediments to implementation. (c) The commission may also grant, upon application by a utility, an exemption from the standards or a delay in implementation. The grant of an exemption or delay shall be accompanied by a statement of findings by the commission indicating the grounds for the exemption or delay. Exemption or delay shall be granted only upon a showing of extreme hardship, technological infeasibility, lack of cost-effectiveness, or reduced system reliability and efficiency. (d) This section does not apply to proposed sites and related facilities for which a notice of intent or an application requesting certification has been filed with the commission prior to the effective date of the standards. (Amended by Stats. 2002, Ch. 664, Sec. 184. Effective January 1, 2003.)
  68. 25403.8.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. )

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    The commission must create and run a battery-backup grant program for eligible high-priority traffic signals, and cities and counties may apply for matching grants for LED-retrofitted signals.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. ) ## 25403.8. (a) The commission shall develop and implement a program to provide battery backup power for those official traffic control signals, operated by a city, county, or city and county, that the commission, in consultation with cities, counties, or cities and counties, determines to be high priority traffic control signals. (b) Based on traffic factors considered by cities, counties, or cities and counties, including, but not limited to, traffic volume, number of accidents, and presence of children, the commission shall determine a priority schedule for the installation of battery backup power for traffic control systems. The commission shall give priority to a city, county, or city and county that did not receive a grant from the State of California for the installation of light-emitting diode traffic control signals. (c) The commission shall also develop or adopt the necessary technical criteria as to wiring, circuitry, and recharging units for traffic control signals. Only light-emitting diodes (LED) traffic control signals are eligible for battery backup power for the full operation of the traffic control signal or a flashing red mode. A city, county, or city and county may apply for a matching grant for battery backup power for traffic control signals retrofitted with light-emitting diodes. (d) Based on the criteria described in subdivision (c), the commission shall provide matching grants to cities, counties, and cities and counties for backup battery systems described in this section in accordance with the priority schedule established by the commission pursuant to subdivision (b). The commission shall provide 70 percent of the funds for a battery backup system, and the city, county, or city and county shall provide 30 percent. (Amended by Stats. 2024, Ch. 353, Sec. 20. (AB 1533) Effective January 1, 2025.)
  69. 25404.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. )

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    The commission must work with specified partners to develop procedures that ensure energy-saving mitigation measures are included in required environmental impact reports for local projects.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. ) ## 25404. The commission shall cooperate with the Office of Planning and Research, the Resources Agency and other interested parties in developing procedures to ensure that mitigation measures to minimize wasteful, inefficient, and unnecessary consumption of energy are included in all environmental impact reports required on local projects as specified in Section 21151. (Added by Stats. 1974, Ch. 276.)
  70. 25405.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. )

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    A city, county, or city and county may set fee schedules by ordinance or resolution to cover enforcement costs for standards adopted under this chapter.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. ) ## 25405. A city, county, or city and county may by ordinance or resolution prescribe a schedule of fees sufficient to pay the costs incurred in the enforcement of standards adopted pursuant to this chapter. (Added by Stats. 1974, Ch. 276.)
  71. 25405.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. )

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    A seller of production homes must offer a solar energy system option to eligible buyers and disclose the installed cost and estimated savings. The commission must also develop an offset program that can let developers or sellers meet the requirement through solar installations on other projects.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. ) ## 25405.5. (a) As used in this section, the following terms have the following meanings: (1) “kW” means kilowatts or 1,000 watts, as measured from the alternating current side of the solar energy system inverter. (2) “Production home” means a single-family residence constructed as part of a development of at least 50 homes per project that is intended or offered for sale. (3) “Solar energy system” means a solar energy device that has the primary purpose of providing for the collection and distribution of solar energy for the generation of electricity, that produces at least one kW, and not more than five megawatts, alternating current rated peak electricity, and that meets or exceeds the eligibility criteria established pursuant to Section 25782. (b) A seller of production homes shall offer a solar energy system option to all customers that enter into negotiations to purchase a new production home constructed on land for which an application for a tentative subdivision map has been deemed complete on or after January 1, 2011, and disclose the following: (1) The total installed cost of the solar energy system option. (2) The estimated cost savings associated with the solar energy system option, as determined by the commission pursuant to Chapter 8.8 (commencing with Section 25780) of Division 15. (c) The commission shall develop an offset program that allows a developer or seller of production homes to forgo the offer requirement of this section on a project, by installing solar energy systems generating specified amounts of electricity on other projects, including, but not limited to, low-income housing, multifamily, commercial, industrial, and institutional developments. The amount of electricity required to be generated from solar energy systems used as an offset pursuant to this subdivision shall be equal to the amount of electricity generated by solar energy systems installed on a similarly sized project within that climate zone, assuming 20 percent of the prospective buyers would have installed solar energy systems. (d) The requirements of this section shall not operate as a substitute for the implementation of existing energy efficiency measures, and the requirements of this section shall not result in lower energy savings or lower energy efficiency levels than would otherwise be achieved by the full implementation of energy savings and energy efficiency standards established pursuant to Section 25402. (Amended by Stats. 2024, Ch. 353, Sec. 21. (AB 1533) Effective January 1, 2025.)
  72. 25405.6.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. )

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    The commission must start a public proceeding by July 1, 2007 to study whether solar energy systems should be required on new residential and nonresidential buildings.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5. Energy Resources Conservation [25400 - 25405.6] ( Chapter 5 added by Stats. 1974, Ch. 276. ) ## 25405.6. Not later than July 1, 2007, the commission shall initiate a public proceeding to study and make findings whether, and under what conditions, solar energy systems should be required on new residential and new nonresidential buildings, including the establishment of numerical targets. As part of the study, the commission may determine that a solar energy system should not be required for any building unless the commission determines, based upon consideration of all costs associated with the system, that the system is cost effective when amortized over the economic life of the structure. When determining the cost-effectiveness of the solar energy system, the commission shall consider the availability of governmental rebates, tax deductions, net-metering, and other quantifiable factors, if the commission can determine the availability of these financial incentives if a solar energy system is made mandatory and not elective. The commission shall periodically update the study and incorporate any revision that the commission determines is necessary, including revisions that reflect changes in the financial incentives originally considered by the commission when determining cost-effectiveness of the solar energy system. For purposes of this section, “solar energy system” means a photovoltaic solar collector or other photovoltaic solar energy device that has a primary purpose of providing for the collection and distribution of solar energy for the generation of electricity. This section is intended to be for study purposes only and does not authorize the commission to develop and adopt any requirement for solar energy systems on either residential or nonresidential buildings. (Added by Stats. 2006, Ch. 132, Sec. 3. Effective January 1, 2007.)
  73. 25410.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.2. Energy Conservation Assistance [25410 - 25422] ( Chapter 5.2 added by Stats. 1979, Ch. 1124. )

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    This chapter is known as the Energy Conservation Assistance Act of 1979.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.2. Energy Conservation Assistance [25410 - 25422] ( Chapter 5.2 added by Stats. 1979, Ch. 1124. ) ## 25410. This chapter shall be known and may be cited as the Energy Conservation Assistance Act of 1979. (Added by Stats. 1979, Ch. 1124. Repealed as of January 1, 2028, pursuant to Section 25421.)
  74. 25410.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.2. Energy Conservation Assistance [25410 - 25422] ( Chapter 5.2 added by Stats. 1979, Ch. 1124. )

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    The Legislature states that local governments and public institutions need help to cut energy costs, improve efficiency, and access funding and technical support.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.2. Energy Conservation Assistance [25410 - 25422] ( Chapter 5.2 added by Stats. 1979, Ch. 1124. ) ## 25410.5. The Legislature finds and declares all of the following: (a) Energy costs are frequently the second largest discretionary expense in a local government’s budget. According to the commission, most public institutions could reduce their energy costs by 20 to 30 percent. (b) A variety of energy conservation measures are available to local governments. These measures are highly cost-effective, often providing a payback on the initial investment in three years or less. (c) Many local governments lack energy management expertise and are often unaware of their high energy costs or the opportunities to reduce those costs. (d) Local governments that desire to reduce their energy costs through energy conservation and efficiency measures often lack available funding. (e) Since 1980, the Energy Conservation Assistance Account has provided $110 million in loans, through a revolving loan account, to 600 schools, hospitals, and local governments. The energy conservation projects funded by the account save approximately $35 million annually in energy costs. (f) Local governments and public institutions need assistance in all aspects of energy efficiency improvements, including, but not limited to, project identification, project development and implementation, evaluation of project proposals and options, operations and maintenance, and troubleshooting of problem projects. (Amended by Stats. 2002, Ch. 601, Sec. 1. Effective January 1, 2003. Repealed as of January 1, 2028, pursuant to Section 25421.)
  75. 25410.6.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.2. Energy Conservation Assistance [25410 - 25422] ( Chapter 5.2 added by Stats. 1979, Ch. 1124. )

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    The commission must administer the State Energy Conservation Assistance Account to support grants and loans for local governments and public institutions, and eligible institutions may propose bundled projects for cost-effectiveness review.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.2. Energy Conservation Assistance [25410 - 25422] ( Chapter 5.2 added by Stats. 1979, Ch. 1124. ) ## 25410.6. (a) The commission shall administer the State Energy Conservation Assistance Account to provide grants and loans to local governments and public institutions to maximize energy use savings, expand installation of energy storage systems, and expand the availability of electric vehicle charging infrastructure, including, but not limited to, technical assistance, demonstrations, and identification and implementation of cost-effective energy efficiency, energy storage, and electric vehicle charging infrastructure measures and programs in existing and planned buildings or facilities. An eligible institution may propose a group of multiple projects where the determination of whether the projects are cost effective shall be determined by the cost-effectiveness of those multiple projects bundled together. (b) It is further the intent of the Legislature that the commission seek the assistance of utility companies in providing energy audits for local governments and public institutions and in publicizing the availability of State Energy Conservation Assistance Account funds to qualified entities. (Amended by Stats. 2021, Ch. 226, Sec. 1. (AB 33) Effective January 1, 2022. Repealed as of January 1, 2028, pursuant to Section 25421.)
  76. 25411.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.2. Energy Conservation Assistance [25410 - 25422] ( Chapter 5.2 added by Stats. 1979, Ch. 1124. )

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    This section defines key terms used in the chapter on energy conservation assistance.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.2. Energy Conservation Assistance [25410 - 25422] ( Chapter 5.2 added by Stats. 1979, Ch. 1124. ) ## 25411. As used in this chapter: (a) “Allocation” means a loan of funds by the commission pursuant to the procedures specified in this chapter. (b) “Building” means any existing or planned structure that includes a heating or cooling system, or both. Additions to an original building shall be considered part of that building rather than a separate building. “Building” includes a tribal building. (c) “Eligible institution” means a school, hospital, public care institution, unit of local government, or tribe. (d) “Energy audit” means a determination of the energy consumption characteristics of a building or facility that does all of the following: (1) Identifies the type, size, and energy use level of the building or facility and the major energy using systems of the building or facility. (2) Determines appropriate eligible energy maintenance and operating procedures. (3) Indicates the need, if any, for the acquisition and installation of eligible energy measures. (e) “Eligible energy maintenance and operating procedure” means a modification or modifications in the maintenance and operations of a building or facility, and any installations therein (based on the use time schedule of the building or facility), that are designed to reduce energy consumption in the building or facility and that require no significant expenditure of funds. (f) “Eligible energy measure” means an installation or modification of an installation in a building or facility that is primarily intended to reduce energy consumption or peak electricity demand, or that allows the use of an eligible renewable energy resource, an energy storage system, or electric vehicle charging infrastructure. (g) “Eligible energy project” means an undertaking to acquire and to install one or more eligible energy measures in a building or facility, and technical assistance in connection with that undertaking. (h) “Facility” means any major energy using system of an eligible institution whether or not housed in a building. (i) “Hospital” means a public or nonprofit institution that is both of the following: (1) A general hospital, tuberculosis hospital, or any other type of hospital, other than a hospital furnishing primarily domiciliary care. (2) Duly authorized to provide hospital services under the laws of this state. (j) “Hospital building” means a building housing a hospital and related operations, including laboratories, laundries, outpatient departments, nurses’ home and training activities, and central service operations in connection with a hospital, and also includes a building housing education or training activities for health professions personnel operated as an integral part of a hospital. (k) “Local government building” means a building that is primarily occupied by offices or agencies of a unit of local government or by a public care institution. (l) “Project” means a purpose for which an allocation may be requested and made under this chapter. Those purposes shall include energy audits, eligible energy maintenance and operating procedures, and eligible energy measures in existing and planned buildings and facilities, eligible energy projects, and technical assistance programs. (m) “Public care institution” means a public or nonprofit institution that owns: (1) A long-term care institution. (2) A rehabilitation institution. (3) An institution for the provision of public health services, including related publicly owned services such as laboratories, clinics, and administrative offices operated in connection with the institution. (4) A residential child care center. (n) “Public or nonprofit institution” means an institution owned and operated by: (1) The state, a political subdivision of the state, or an agency or instrumentality of either. (2) An organization exempt from income tax under Section 501(c)(3) of the Internal Revenue Code of 1954. (3) In the case of public care institutions, an organization also exempt from income tax under Section 501(c)(4) of the Internal Revenue Code of 1954. (o) “School” means a public or nonprofit institution, including a local educational agency, which: (1) Provides, and is legally authorized to provide, elementary education or secondary education, or both, on a day or residential basis. (2) Provides, and is legally authorized to provide, a program of education beyond secondary education, on a day or residential basis and meets all of the following requirements: (A) Admits as students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of that certificate. (B) Is accredited by a nationally recognized accrediting agency or association. (C) Provides an education program for which it awards a bachelor’s degree or higher degree or provides not less than a two-year program that is acceptable for full credit toward a degree at any institution that meets the requirements of subparagraphs (A) and (B) and provides that program. (3) Provides not less than a one-year program of training to prepare students for gainful employment in a recognized occupation and that meets the provisions of paragraph (2). (p) “School building” means a building housing classrooms, laboratories, dormitories, athletic facilities, or related facilities operated in connection with a school. (q) “Technical assistance costs” means costs incurred for the use of existing personnel or the temporary employment of other qualified personnel, or both, necessary for providing technical assistance. (r) “Technical assistance program” means assistance to schools, hospitals, local government, and public care institutions and includes, but is not limited to: (1) Conducting specialized studies identifying and specifying energy savings and related cost savings that are likely to be realized as a result of: (A) Modification of maintenance and operating procedures in a building or facility, in addition to those modifications implemented after the preliminary energy audit, or (B) Acquisition and installation of one or more specified eligible energy measures in the building or facility, or as a result of both. (C) New construction activities. (2) Planning of specific remodeling, renovation, repair, replacement, or insulation projects related to the installation of eligible energy measures in the building or facility. (3) Developing and evaluating alternative project implementation methods and proposals. (s) “Tribe” means a California Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission for purposes of Chapter 905 of the Statutes of 2004. (t) “Tribal building” means a building that is owned, or primarily used, by a tribe located within or outside of Indian country, located in California, and primarily occupied by any of the following: (1) Offices or agencies of a tribe. (2) A health facility operated by a tribe in accordance with applicable federal operating requirements. (3) Other facilities operated by a tribe that provide or promote tribal services for tribal members and the surrounding communities. Facilities may include a gaming facility or a portion of a gaming facility, to the extent the facility is used as a community emergency response center or a resource center for deenergization events, or other centralized areas for nongaming community services in designated situations. (u) “Unit of local government” means a unit of general purpose government below the state, a special district, or any combination of that unit and special district formed for the joint exercise of power. (Amended by Stats. 2021, Ch. 226, Sec. 2. (AB 33) Effective January 1, 2022. Repealed as of January 1, 2028, pursuant to Section 25421.)
  77. 25412.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.2. Energy Conservation Assistance [25410 - 25422] ( Chapter 5.2 added by Stats. 1979, Ch. 1124. )

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    Eligible institutions may apply to the commission for an allocation to finance project costs, and the commission prescribes the application form and required information.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.2. Energy Conservation Assistance [25410 - 25422] ( Chapter 5.2 added by Stats. 1979, Ch. 1124. ) ## 25412. Any eligible institution may submit an application to the commission for an allocation for the purpose of financing all or a portion of the costs incurred in implementing a project. The application shall be in such form and contain such information as the commission shall prescribe. An application may be for the purpose of financing the eligible institution’s share of such costs which are to be jointly funded through a state, local, or federal-local program. (Added by Stats. 1979, Ch. 1124. Repealed as of January 1, 2028, pursuant to Section 25421.)
  78. 25412.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.2. Energy Conservation Assistance [25410 - 25422] ( Chapter 5.2 added by Stats. 1979, Ch. 1124. )

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    The commission must take steps to solicit loan applications.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.2. Energy Conservation Assistance [25410 - 25422] ( Chapter 5.2 added by Stats. 1979, Ch. 1124. ) ## 25412.5. The commission shall take steps to solicit loan applications to do all of the following: (a) Encourage an equitable distribution of loans statewide. (b) Award loans for eligible energy projects or measures in regions with high summer peak loads, with high heating costs, or that have electrical or natural gas system distribution constraints. (c) Place an emphasis on offering these loans in disadvantaged communities. (Amended by Stats. 2021, Ch. 226, Sec. 3. (AB 33) Effective January 1, 2022. Repealed as of January 1, 2028, pursuant to Section 25421.)
  79. 25413.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.2. Energy Conservation Assistance [25410 - 25422] ( Chapter 5.2 added by Stats. 1979, Ch. 1124. )

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    The commission may approve eligible energy project applications only when the eligible institution provides satisfactory information that project costs plus interest will be recovered through energy savings during the repayment period.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.2. Energy Conservation Assistance [25410 - 25422] ( Chapter 5.2 added by Stats. 1979, Ch. 1124. ) ## 25413. (a) Applications for eligible energy projects or measures may be approved by the commission only in those instances where the eligible institution has furnished information satisfactory to the commission that the costs of the project, plus interest on state funds loaned, calculated in accordance with Section 25415, will be recovered through savings in the cost of energy to the institution during the repayment period of the allocation. (b) An eligible institution may propose to bundle multiple projects where the determination of whether the costs of the projects, plus interest on state funds loaned, will be recovered through savings during the repayment period of the allocation and shall be determined by the savings of those multiple projects bundled together. (c) The savings shall be calculated in a manner prescribed by the commission. (Amended by Stats. 2021, Ch. 226, Sec. 4. (AB 33) Effective January 1, 2022. Repealed as of January 1, 2028, pursuant to Section 25421.)
  80. 25414.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.2. Energy Conservation Assistance [25410 - 25422] ( Chapter 5.2 added by Stats. 1979, Ch. 1124. )

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    Eligible institutions that received an allocation must calculate the cost of energy saved each year, no later than October 31, using a method prescribed by the commission.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.2. Energy Conservation Assistance [25410 - 25422] ( Chapter 5.2 added by Stats. 1979, Ch. 1124. ) ## 25414. Annually at the conclusion of each fiscal year, but not later than October 31, each eligible institution that has received an allocation for an eligible energy project or measures pursuant to this chapter shall compute the cost of energy saved as a result of implementing an eligible energy project or measures, or bundled projects or measures, funded by the allocation. The cost shall be calculated in a manner prescribed by the commission. (Amended by Stats. 2021, Ch. 226, Sec. 5. (AB 33) Effective January 1, 2022. Repealed as of January 1, 2028, pursuant to Section 25421.)
  81. 25415.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.2. Energy Conservation Assistance [25410 - 25422] ( Chapter 5.2 added by Stats. 1979, Ch. 1124. )

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    Eligible institutions that receive an allocation must repay principal plus interest in up to 40 equal semiannual payments, and their governing bodies must budget enough each year to cover those payments.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.2. Energy Conservation Assistance [25410 - 25422] ( Chapter 5.2 added by Stats. 1979, Ch. 1124. ) ## 25415. (a) Each eligible institution to which an allocation has been made under this chapter shall repay the principal amount of the allocation, plus interest, in not more than 40 equal semiannual payments, as determined by the commission. Loan repayments shall be made in accordance with a schedule established by the commission. The repayment period shall not exceed the life of the equipment, as determined by the commission or the lease term of the building in which the eligible energy, energy storage, or electric vehicle charging infrastructure project or measures will be installed. (b) Notwithstanding any other law, the commission shall, unless it determines that the purposes of this chapter would be better served by establishing an alternative interest rate schedule, periodically set interest rates on the loans based on surveys of existing financial markets and may authorize no-interest loans. (c) The governing body of each eligible institution shall annually budget an amount at least sufficient to make the semiannual payments required in this section. For an eligible energy project or measures, the amount shall not be raised by the levy of additional taxes but shall instead be obtained by a savings in energy costs or other sources. (Amended by Stats. 2021, Ch. 226, Sec. 6. (AB 33) Effective January 1, 2022. Repealed as of January 1, 2028, pursuant to Section 25421.)
  82. 25416.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.2. Energy Conservation Assistance [25410 - 25422] ( Chapter 5.2 added by Stats. 1979, Ch. 1124. )

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    This section creates the State Energy Conservation Assistance Account and related subaccounts, then sets how the money may be used and capped.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.2. Energy Conservation Assistance [25410 - 25422] ( Chapter 5.2 added by Stats. 1979, Ch. 1124. ) ## 25416. (a) The State Energy Conservation Assistance Account is hereby created in the General Fund. Notwithstanding Section 13340 of the Government Code, the account is continuously appropriated to the commission without regard to fiscal year. (b) The moneys in the account shall consist of all moneys authorized or required to be deposited in the account by the Legislature and all moneys received by the commission pursuant to Sections 25414 and 25415. (c) The moneys in the account shall be disbursed by the Controller for the purposes of this chapter as authorized by the commission. (d) The commission may contract and provide grants for services to be performed for eligible institutions. Services may include, but are not limited to, feasibility analysis, project design, field assistance, and operation and training. The amount expended for those services shall not exceed 10 percent of the unencumbered balance of the account as determined by the commission on July 1 of each year. (e) The commission may make grants to eligible institutions for innovative projects and programs. Except as provided in subdivision (d), the amount expended for grants shall not exceed 5 percent of the annual unencumbered balance in the account as determined by the commission on July 1 of each fiscal year. (f) The commission may charge a fee for the services provided under subdivision (d). (g) Notwithstanding any other law, the Controller may use the State Energy Conservation Assistance Account for loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. (h) (1) A subaccount is hereby created within the State Energy Conservation Assistance Account to track the award and repayment of loans, including principal, interest, and interest earnings on or accruing to the subaccount, made with moneys transferred to the account from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code. Notwithstanding Section 13340 of the Government Code, the moneys in the subaccount are hereby continuously appropriated to the commission without regard to fiscal year. (2) Moneys deposited in the subaccount may be used for loans only for projects in buildings owned and operated by a state agency or entity, including, without limitation, the University of California and California State University. (3) Notwithstanding Section 39718 of the Health and Safety Code, a repayment of a loan made pursuant to this chapter with moneys transferred from the Greenhouse Gas Reduction Fund shall be deposited in the subaccount and shall be available for a loan made to an entity eligible for these moneys pursuant to this subdivision. (i) (1) A subaccount is hereby created in the State Energy Conservation Assistance Account to track the award and repayment of loans to tribes, including principal, interest, and interest earnings on or accruing to the subaccount. Notwithstanding Section 13340 of the Government Code, the moneys in the subaccount are continuously appropriated to the commission without regard to fiscal year. (2) Moneys deposited in the subaccount shall be used for loans only to tribes. (3) The commission may transfer moneys from the account to provide funding for the subaccount or transfer moneys from the subaccount to the account. (Amended by Stats. 2021, Ch. 226, Sec. 7. (AB 33) Effective January 1, 2022. Repealed as of January 1, 2028, pursuant to Section 25421.)
  83. 25417.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.2. Energy Conservation Assistance [25410 - 25422] ( Chapter 5.2 added by Stats. 1979, Ch. 1124. )

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    Money allocated under this chapter must be used only for the purposes stated in an approved application.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.2. Energy Conservation Assistance [25410 - 25422] ( Chapter 5.2 added by Stats. 1979, Ch. 1124. ) ## 25417. (a) An allocation made pursuant to this chapter shall be used for the purposes specified in an approved application. (b) In the event that the commission determines that an allocation has been expended for purposes other than those specified in an approved application, it shall immediately request the return of the full amount of the allocation. The eligible institution shall immediately comply with such request. (Added by Stats. 1979, Ch. 1124. Repealed as of January 1, 2028, pursuant to Section 25421.)
  84. 25417.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.2. Energy Conservation Assistance [25410 - 25422] ( Chapter 5.2 added by Stats. 1979, Ch. 1124. )

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    The commission may borrow money, pledge collateral, sell loans, enter related agreements, and hire service providers for this chapter.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.2. Energy Conservation Assistance [25410 - 25422] ( Chapter 5.2 added by Stats. 1979, Ch. 1124. ) ## 25417.5. (a) In furtherance of the purposes of the commission as set forth in this chapter, the commission has the power and authority to do all of the following: (1) Borrow money, for the purpose of obtaining funds to make loans pursuant to this chapter, from the California Economic Development Financing Authority, the California Infrastructure and Economic Development Bank, and the California Consumer Power and Conservation Financing Authority from the proceeds of revenue bonds issued by any of those agencies. (2) Pledge collateral to secure the repayment of moneys borrowed pursuant to paragraph (1) or of bonds or other borrowings by the California Infrastructure and Economic Development Bank. The commission may pledge, as collateral for these purposes, the loans made pursuant to this chapter or former Chapter 5.4 (commencing with Section 25440) or the principal and interest payments on loans made pursuant to this chapter or former Chapter 5.4 (commencing with Section 25440). These pledges shall be subject to Chapter 5.5 (commencing with Section 5450) of Division 6 of Title 1 of the Government Code. (3) Sell loans made pursuant to this chapter or former Chapter 5.4 (commencing with Section 25440), at prices determined in the sole discretion of the commission, to the California Economic Development Financing Authority, the California Infrastructure and Economic Development Bank, and the California Consumer Power and Conservation Financing Authority to raise funds to enable the commission to make loans to eligible institutions. (4) Enter into loan agreements or other contracts necessary or appropriate in connection with the pledge or sale of loans pursuant to paragraph (2) or (3), or the borrowing of money as provided in paragraph (1), containing any provisions that may be required by the California Economic Development Financing Authority, the California Infrastructure and Economic Development Bank, or the California Consumer Power and Conservation Financing Authority as conditions of issuing bonds to fund loans to, or the purchase of loans from, the commission. (b) In connection with the pledging of loans, or of the principal and interest payment on loans, pursuant to paragraph (2) of subdivision (a), the commission may enter into pledge agreements setting forth the terms and conditions pursuant to which the commission is pledging loans or the principal and interest payment on loans, including the pledging of loans or the principal and interest payment on loans as collateral to secure the repayment of bonds or other borrowings by the California Infrastructure and Economic Development Bank, and may also agree to have the loans held by bond trustees or by independent collateral or escrow agents and to direct that payments received on those loans be paid to those trustee, collateral, or escrow agents. (c) The commission may employ financial consultants, legal advisers, accountants, and other service providers, as may be necessary in its judgment, in connection with activities pursuant to this chapter. (d) Notwithstanding any other provision of law, this chapter provides a complete, separate, additional, and alternative method for implementing the measures authorized by this chapter, including the authority of the eligible institutions or local jurisdictions to have borrowed and to borrow in the future pursuant to loans made pursuant to this chapter or former Chapter 5.4 (commencing with Section 25440), and is supplemental and additional to powers conferred by other laws. (Amended by Stats. 2016, Ch. 675, Sec. 1. (SB 1207) Effective January 1, 2017. Repealed as of January 1, 2028, pursuant to Section 25421.)
  85. 25418.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.2. Energy Conservation Assistance [25410 - 25422] ( Chapter 5.2 added by Stats. 1979, Ch. 1124. )

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    The Department of Finance may, at its discretion, audit certain expenditures and payment calculations under this chapter.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.2. Energy Conservation Assistance [25410 - 25422] ( Chapter 5.2 added by Stats. 1979, Ch. 1124. ) ## 25418. The Department of Finance, at its discretion, may audit the expenditure of any allocation made pursuant to this chapter or the computation of any payment made pursuant to Section 25415. (Added by Stats. 1979, Ch. 1124. Repealed as of January 1, 2028, pursuant to Section 25421.)
  86. 25419.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.2. Energy Conservation Assistance [25410 - 25422] ( Chapter 5.2 added by Stats. 1979, Ch. 1124. )

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    The commission may set qualifications, priorities, procedures, and policies for administering this chapter and making allocations.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.2. Energy Conservation Assistance [25410 - 25422] ( Chapter 5.2 added by Stats. 1979, Ch. 1124. ) ## 25419. In addition to the powers specifically granted to the commission by the other provisions of this chapter, the commission shall have the following powers: (a) To establish qualifications and priorities, consistent with the objectives of this chapter, for making allocations. (b) To establish such procedures and policies as may be necessary for the administration of this chapter. (Added by Stats. 1979, Ch. 1124. Repealed as of January 1, 2028, pursuant to Section 25421.)
  87. 25420.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.2. Energy Conservation Assistance [25410 - 25422] ( Chapter 5.2 added by Stats. 1979, Ch. 1124. )

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    The commission may use money from the State Energy Conservation Assistance Account to cover its actual administrative costs, but only up to 5% of the account’s annual unencumbered balance.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.2. Energy Conservation Assistance [25410 - 25422] ( Chapter 5.2 added by Stats. 1979, Ch. 1124. ) ## 25420. The commission may expend from the State Energy Conservation Assistance Account an amount to pay for the actual administrative costs incurred by the commission pursuant to this chapter. The amount shall not exceed 5 percent of the annual unencumbered balance in the account as determined by the commission on July 1 of each fiscal year, to be used to defray costs incurred by the commission for allocations made by the commission pursuant to this chapter. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 11, Sec. 14. Effective July 28, 2009. Repealed as of January 1, 2028, pursuant to Section 25421.)
  88. 25421.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.2. Energy Conservation Assistance [25410 - 25422] ( Chapter 5.2 added by Stats. 1979, Ch. 1124. )

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    This chapter is set to end on January 1, 2028, unless a later statute changes that date. Some outstanding loans and certain unspent funds must continue to be handled after that date under specific rules.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.2. Energy Conservation Assistance [25410 - 25422] ( Chapter 5.2 added by Stats. 1979, Ch. 1124. ) ## 25421. (a) Except as provided in subdivision (b), this chapter shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2028, deletes or extends that date. (b) Except as specified in subdivisions (c) and (d), all loans outstanding as of January 1, 2028, shall continue to be repaid on a semiannual basis, as specified in Section 25415, until paid in full. All unexpended funds in the State Energy Conservation Assistance Account on January 1, 2028, and after that date, shall revert to the General Fund. (c) To the extent required under applicable bond obligations, unexpended funds from the proceeds of bonds sold pursuant to Section 25417.5 that remain in the State Energy Conservation Assistance Account on January 1, 2028, shall remain in the account. These funds shall be expended pursuant to the applicable requirements for bond proceeds. Once all applicable bond obligations have been satisfied, unexpended funds shall revert to the General Fund. (d) Unexpended funds from the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5) remaining in the State Energy Conservation Assistance Account on January 1, 2028, shall revert to the Federal Trust Fund. (Amended by Stats. 2016, Ch. 675, Sec. 2. (SB 1207) Effective January 1, 2017. Repealed as of January 1, 2028, by its own provisions. Note: Repeal affects Chapter 5.2, comprising Sections 25410 to 25422.)
  89. 25422.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.2. Energy Conservation Assistance [25410 - 25422] ( Chapter 5.2 added by Stats. 1979, Ch. 1124. )

    Verify source ↗

    The commission may use certain federal funds to support grants, loans, and related energy projects, and must transfer remaining subaccount money to the Energy Efficient State Property Revolving Fund at least annually.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.2. Energy Conservation Assistance [25410 - 25422] ( Chapter 5.2 added by Stats. 1979, Ch. 1124. ) ## 25422. (a) Federal funds available to the commission pursuant to Chapter 5.6 (commencing with Section 25460) may be used by the commission to augment funding for grants and loans pursuant to this chapter. Any federal funds used for loans shall, when repaid, be deposited into the State Energy Conservation Assistance Account and used to make additional loans pursuant to this chapter. (b) A separate subaccount shall be established within the State Energy Conservation Assistance Account to track the award and repayment of loans from federal funds, including any interest earnings, in accordance with the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5). (c) Notwithstanding subdivision (a), the commission may use loan repayments and all interest earnings on or accruing in the subaccount established pursuant to subdivision (b) for energy efficiency, energy conservation, renewable energy, and other energy-related projects and activities authorized by the federal American Recovery and Reinvestment Act of 2009 or subsequent federal acts related to the federal American Recovery and Reinvestment Act of 2009. Unless prohibited by the federal American Recovery and Reinvestment Act of 2009, the commission may augment funding for any programs and measures authorized by this division. (d) The commission shall transfer to the Energy Efficient State Property Revolving Fund, established pursuant to Section 25471, the moneys remaining in the subaccount established pursuant to subdivision (b), including loan repayments and interest earnings that are deposited in the subaccount. The commission shall transfer the moneys not more frequently than annually and in an amount based on the balance in the subaccount at the time of transfer. (Amended by Stats. 2015, Ch. 24, Sec. 34. (SB 83) Effective June 24, 2015. Repealed as of January 1, 2028, pursuant to Section 25421.)
  90. 25425.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.3. Energy Conservation Act of 2001 [25425 - 25436] ( Chapter 5.3 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. ) ## ARTICLE 1. General Provisions [25425 - 25426] ( Article 1 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. )

    Verify source ↗

    This chapter is known and may be cited as the Energy Conservation Act of 2001.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.3. Energy Conservation Act of 2001 [25425 - 25436] ( Chapter 5.3 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. ) ## ARTICLE 1. General Provisions [25425 - 25426] ( Article 1 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. ) ## 25425. This chapter shall be known, and may be cited, as the Energy Conservation Act of 2001. (Added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. Effective April 12, 2001.)
  91. 25426.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.3. Energy Conservation Act of 2001 [25425 - 25436] ( Chapter 5.3 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. ) ## ARTICLE 1. General Provisions [25425 - 25426] ( Article 1 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. )

    Verify source ↗

    This section defines three terms used in the article: commercial refrigeration, energy-efficient model, and small business.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.3. Energy Conservation Act of 2001 [25425 - 25436] ( Chapter 5.3 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. ) ## ARTICLE 1. General Provisions [25425 - 25426] ( Article 1 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. ) ## 25426. As used in this article, the following terms have the following meanings: (a) “Commercial refrigeration” means a refrigerator that is not a federally regulated consumer product. (b) “Energy-efficient model” means any appliance that meets the efficiency standards of the United States Department of Energy that are effective on and after July 1, 2001, and, if applicable, products certified as energy efficient zone heating products by the State Energy Resources Conservation and Development Commission. (c) “Small business” means any small business as defined in paragraph (1) of subdivision (d) of Section 14837 of the Government Code. (Added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. Effective April 12, 2001.)
  92. 25433.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.3. Energy Conservation Act of 2001 [25425 - 25436] ( Chapter 5.3 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. ) ## ARTICLE 2. Loans and Grants for Construction and Retrofit Projects [25433 - 25434.5] ( Article 2 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. )

    Verify source ↗

    The Legislature states an intent to create grants and loans for low-income residents, small businesses, and residential property owners to help build or retrofit more energy-efficient buildings.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.3. Energy Conservation Act of 2001 [25425 - 25436] ( Chapter 5.3 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. ) ## ARTICLE 2. Loans and Grants for Construction and Retrofit Projects [25433 - 25434.5] ( Article 2 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. ) ## 25433. It is the intent of the Legislature to establish incentives in the form of grants and loans to low-income residents, small businesses, and residential property owners for constructing and retrofitting buildings to be more energy efficient by using design elements, including, but not limited to, energy-efficient siding, insulation, products certified as energy efficient zone heating products by the State Energy Resources Conservation and Development Commission, and double-paned windows. (Added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. Effective April 12, 2001.)
  93. 25433.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.3. Energy Conservation Act of 2001 [25425 - 25436] ( Chapter 5.3 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. ) ## ARTICLE 2. Loans and Grants for Construction and Retrofit Projects [25433 - 25434.5] ( Article 2 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. )

    Verify source ↗

    The commission must create a grant program and a 2% interest loan program for eligible construction or retrofit projects.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.3. Energy Conservation Act of 2001 [25425 - 25436] ( Chapter 5.3 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. ) ## ARTICLE 2. Loans and Grants for Construction and Retrofit Projects [25433 - 25434.5] ( Article 2 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. ) ## 25433.5. (a) In consultation with the Public Utilities Commission, the commission shall do both of the following for the purpose of full or partial funding of an eligible construction or retrofit project: (1) Establish a grant program to provide financial assistance to eligible low-income individuals. (2) Establish a 2-percent interest per annum loan program to provide financial assistance to a small business owner, residential property owner, or individual who is not eligible for a grant pursuant to paragraph (1). The loans shall be available to a small business owner who has a gross annual income that does not exceed one hundred thousand dollars ($100,000) or to an individual or residential property owner who has a gross annual household income that does not exceed one hundred thousand dollars ($100,000). (b) (1) The commission shall use the design guidelines adopted pursuant to paragraph (2) of subdivision (f) of Section 14 of the act that added this section as standards to determine eligible energy-efficiency projects. (2) The award of a grant pursuant to this section is subject to appeal to the commission upon a showing that the commission applied factors, other than those adopted by the commission, in making the award. (3) The grant or loan recipient shall commit to using the grant or loan for the purpose for which the grant or loan was awarded. (4) Any action taken by an applicant to apply for, or to become or remain eligible to receive, a grant award, including satisfying conditions specified by the commission, does not constitute the rendering of goods, services, or a direct benefit to the commission. (5) The amount of any grant awarded pursuant to this article to a low-income individual does not constitute income for purposes of calculating the recipient’s gross income for the tax year during which the grant is received. (Amended by Stats. 2001, 2nd Ex. Sess., Ch. 9, Sec. 2. Effective August 8, 2002.)
  94. 25434.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.3. Energy Conservation Act of 2001 [25425 - 25436] ( Chapter 5.3 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. ) ## ARTICLE 2. Loans and Grants for Construction and Retrofit Projects [25433 - 25434.5] ( Article 2 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. )

    Verify source ↗

    The commission may contract with business entities for program support, and must contract with business entities to evaluate program effectiveness. It may also use sole-source selection if the state’s cost is reasonable and the commission finds it is in the state’s best interest.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.3. Energy Conservation Act of 2001 [25425 - 25436] ( Chapter 5.3 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. ) ## ARTICLE 2. Loans and Grants for Construction and Retrofit Projects [25433 - 25434.5] ( Article 2 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. ) ## 25434. The commission may contract with one or more business entities capable of supplying or providing goods or services necessary for the commission to carry out the responsibilities for the programs conducted pursuant to this article, and shall contract with one or more business entities to evaluate the effectiveness of the programs implemented pursuant to subdivision (a) of Section 25433.5. The commission may select an entity on a sole source basis for one or both of those purposes if the cost to the state will be reasonable and the commission determines that it is in the best interest of the state. (Added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. Effective April 12, 2001.)
  95. 25434.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.3. Energy Conservation Act of 2001 [25425 - 25436] ( Chapter 5.3 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. ) ## ARTICLE 2. Loans and Grants for Construction and Retrofit Projects [25433 - 25434.5] ( Article 2 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. )

    Verify source ↗

    This section defines “eligible construction or retrofit project,” “low income,” and “small business.”

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.3. Energy Conservation Act of 2001 [25425 - 25436] ( Chapter 5.3 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. ) ## ARTICLE 2. Loans and Grants for Construction and Retrofit Projects [25433 - 25434.5] ( Article 2 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. ) ## 25434.5. As used in this article, the following terms have the following meanings: (a) “Eligible construction or retrofit project” means a project for making improvements to a home or building in existence on the effective date of the act adding this section, through an addition, alteration, or repair, which effectively increases the energy efficiency or reduces the energy consumption of the home or building as specified by the commission’s guidelines under paragraph (2) of subdivision (f) of Section 14 of the act that added this section. The improvements shall be deemed to be cost-effective. (b) “Low income” means an individual with a gross annual income equal to or less than 200 percent of the federal poverty level. (c) “Small business” means any small business as defined in paragraph (1) of subdivision (d) of Section 14837 of the Government Code. (Amended by Stats. 2001, 2nd Ex. Sess., Ch. 9, Sec. 3. Effective August 8, 2002.)
  96. 25435.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.3. Energy Conservation Act of 2001 [25425 - 25436] ( Chapter 5.3 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. ) ## ARTICLE 3. Small Business Energy Efficient Refrigeration Loan Program [25435 - 25436] ( Article 3 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. )

    Verify source ↗

    The commission must administer the Small Business Energy Efficient Refrigeration Loan Program under Section 25436.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.3. Energy Conservation Act of 2001 [25425 - 25436] ( Chapter 5.3 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. ) ## ARTICLE 3. Small Business Energy Efficient Refrigeration Loan Program [25435 - 25436] ( Article 3 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. ) ## 25435. The commission shall administer the Small Business Energy Efficient Refrigeration Loan Program, as provided for in Section 25436. (Added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. Effective April 12, 2001.)
  97. 25436.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.3. Energy Conservation Act of 2001 [25425 - 25436] ( Chapter 5.3 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. ) ## ARTICLE 3. Small Business Energy Efficient Refrigeration Loan Program [25435 - 25436] ( Article 3 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. )

    Verify source ↗

    The commission must create a small business refrigeration loan program within 45 days, offer 3% loans, and secure loans against the purchased equipment.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.3. Energy Conservation Act of 2001 [25425 - 25436] ( Chapter 5.3 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. ) ## ARTICLE 3. Small Business Energy Efficient Refrigeration Loan Program [25435 - 25436] ( Article 3 added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. ) ## 25436. (a) Within 45 days of the effective date of this chapter, the commission shall implement a Small Business Energy Efficient Refrigeration Loan Program for qualifying small businesses to purchase and install energy efficient refrigeration equipment. (b) The program shall offer loans at 3 percent interest on terms that will ensure the small business owner will repay the loan over time in accordance with terms established by the Energy Commission, but in no event may the term exceed the useful life of the purchase. (c) The commission may enter into agreements with lending institutions and qualifying vendors to facilitate making and administering loans. Any loan made by the commission for the purchase of equipment shall be secured against the equipment purchased. (Added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 5. Effective April 12, 2001.)
  98. 25450.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.5. Energy Efficiency and Conservation Block Grants [25450 - 25450.5] ( Chapter 5.5 added by Stats. 2008, Ch. 229, Sec. 1. )

    Verify source ↗

    The commission is directed to administer the state’s block grant funds and to use federal energy-grant programs to guide policy and maximize the dollars’ impact.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.5. Energy Efficiency and Conservation Block Grants [25450 - 25450.5] ( Chapter 5.5 added by Stats. 2008, Ch. 229, Sec. 1. ) ## 25450. (a) The Legislature finds and declares all of the following: (1) The cost of energy in California is increasing and creating greater demands on local governments’ operating budgets. (2) The 110th Congress enacted the Energy Independence and Security Act of 2007 (42 U.S.C. Sec. 17001 et seq.) that provides energy efficiency and conservation block grants to eligible entities, including states, to reduce fossil fuel emissions, improve energy efficiency, and reduce overall energy use. (3) Section 545(c)(1)(A) of the Energy Independence and Security Act of 2007 (42 U.S.C. Sec. 17155(c)(1)(A)) mandates that states receiving block grants under the act use not less than 60 percent of the grant amount to provide subgrants to local governments that are not eligible entities for the purposes of the act. (4) The 111th Congress enacted the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) that appropriates funds for energy efficiency and conservation, water conservation, home weatherization, green workforce development, and renewable energy. (b) It is the intent of the Legislature to fully implement the requirements for, and achieve the purposes of, the energy and conservation block grants provided pursuant to the Energy Independence and Security Act of 2007 and the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), in the most expedient manner possible, and that the funds allocated to the state pursuant to those acts be administered by the commission. Moreover, to the extent possible without causing undue delay, the commission shall look to the Energy Independence and Security Act of 2007 and the American Recovery and Reinvestment Act of 2009 programs and make policy decisions that leverage and maximize the use of these dollars, including, but not limited to, the areas of energy efficiency, renewable energy, water efficiency, weatherization, and green workforce development. (c) It is the intent of the Legislature to strive to maximize the opportunity to allocate funds toward the most cost-effective energy efficiency projects, and when allocating funds toward administration, the commission should use the allowable administrative expenses specified in Section 545(c)(4) of the Energy Independence and Security Act of 2007 (42 U.S.C. Sec. 17155(c)(4)) as a ceiling and improve efficiencies to allocate less than the allowable amount. (Amended by Stats. 2009, Ch. 227, Sec. 2. (AB 262) Effective January 1, 2010.)
  99. 25450.1.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.5. Energy Efficiency and Conservation Block Grants [25450 - 25450.5] ( Chapter 5.5 added by Stats. 2008, Ch. 229, Sec. 1. )

    Verify source ↗

    The commission must administer the state’s federal block grant funds and may use those funds to award contracts, grants, and loans.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.5. Energy Efficiency and Conservation Block Grants [25450 - 25450.5] ( Chapter 5.5 added by Stats. 2008, Ch. 229, Sec. 1. ) ## 25450.1. The commission shall administer the funds allocated to and received by the state pursuant to the Energy Independence and Security Act of 2007 (42 U.S.C. Sec. 17001 et seq.) and the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) for the Energy Efficiency and Conservation Block Grant Program established pursuant to Section 542 of the Energy Independence and Security Act of 2007 (42 U.S.C. Sec. 17152), and may use the federal funds to award contracts, grants, and loans as expeditiously as possible consistent with those acts. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 11, Sec. 17. Effective July 28, 2009.)
  100. 25450.2.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.5. Energy Efficiency and Conservation Block Grants [25450 - 25450.5] ( Chapter 5.5 added by Stats. 2008, Ch. 229, Sec. 1. )

    Verify source ↗

    At least 60% of certain funds must be used for grants to smaller cities and counties, with the rest used for energy-efficiency and conservation contracts, grants, and loans to eligible entities.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.5. Energy Efficiency and Conservation Block Grants [25450 - 25450.5] ( Chapter 5.5 added by Stats. 2008, Ch. 229, Sec. 1. ) ## 25450.2. (a) Not less than 60 percent of the funds received pursuant to Section 25450.1 shall be used to provide cost-effective energy efficiency, climate change planning, and conservation grants to cities with a population of less than 35,000 and counties with a population of less than 200,000, and be prioritized based on cost-effective energy efficiency. However, this population requirement does not apply to funds received pursuant to the American Recovery and Reinvestment Act of 2009 (Public Law 111-5). (b) The remaining funds received pursuant to Section 25450.1 shall be used to provide cost-effective energy efficiency and conservation contracts, grants, and loans to eligible entities consistent with the Energy Independence and Security Act of 2007 (42 U.S.C. Sec. 17001 et seq.) and the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) that govern or fund the Energy Efficiency and Conservation Block Grant program and be prioritized based on cost-effective energy efficiency. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 11, Sec. 18. Effective July 28, 2009.)
  101. 25450.3.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.5. Energy Efficiency and Conservation Block Grants [25450 - 25450.5] ( Chapter 5.5 added by Stats. 2008, Ch. 229, Sec. 1. )

    Verify source ↗

    The commission may not spend more than the amount allowed in the cited federal provision for administrative expenses related to the block grant program.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.5. Energy Efficiency and Conservation Block Grants [25450 - 25450.5] ( Chapter 5.5 added by Stats. 2008, Ch. 229, Sec. 1. ) ## 25450.3. The commission shall not exceed the amount specified in Section 545(c)(4) of the Energy Independence and Security Act of 2007 (42 U.S.C. Sec. 17155(c)(4)) for administrative expenses, which include, but are not limited to, reporting, recordkeeping, and evaluation activities required by the Energy Independence and Security Act of 2007 (42 U.S.C. Section 17001 et seq.), the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), and implementing regulations and guidelines, that govern or fund the Energy Efficiency and Conservation Block Grant Program, and the combined administration program costs, indirect costs, overhead, and costs associated with the Statewide Cost Allocation Plan. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 11, Sec. 19. Effective July 28, 2009.)
  102. 25450.4.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.5. Energy Efficiency and Conservation Block Grants [25450 - 25450.5] ( Chapter 5.5 added by Stats. 2008, Ch. 229, Sec. 1. )

    Verify source ↗

    The commission may award contracts, grants, and loans under this chapter, unless federal law or implementing regulations and guidelines prohibit it.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.5. Energy Efficiency and Conservation Block Grants [25450 - 25450.5] ( Chapter 5.5 added by Stats. 2008, Ch. 229, Sec. 1. ) ## 25450.4. The commission may award contracts, grants, and loans pursuant to this chapter, unless otherwise prohibited by the Energy Independence and Security Act of 2007 (42 U.S.C. Sec. 17001 et seq.), the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), implementing regulations and guidelines. (Added by Stats. 2009, 4th Ex. Sess., Ch. 11, Sec. 20. Effective July 28, 2009.)
  103. 25450.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.5. Energy Efficiency and Conservation Block Grants [25450 - 25450.5] ( Chapter 5.5 added by Stats. 2008, Ch. 229, Sec. 1. )

    Verify source ↗

    The commission may adopt funding guidelines, but it must give public notice before doing so and give extra notice before making substantive changes.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.5. Energy Efficiency and Conservation Block Grants [25450 - 25450.5] ( Chapter 5.5 added by Stats. 2008, Ch. 229, Sec. 1. ) ## 25450.5. (a) The commission may adopt guidelines governing the award, eligibility, and administration of funding pursuant to the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) at a publicly noticed meeting offering all interested parties an opportunity to comment. The commission shall provide written public notice of not less than 30 days for the initial adoption of guidelines. Substantive changes to the guidelines shall not be adopted without 15-day written notice to the public. Notwithstanding any other provision of law, any guidelines adopted pursuant to this chapter shall be exempt from the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (b) Grants and loans made pursuant to this chapter are subject to appeal to the commission upon a showing that factors other than those described in the guidelines adopted by the commission were applied in making the awards and payments. (Added by Stats. 2009, 4th Ex. Sess., Ch. 11, Sec. 21. Effective July 28, 2009.)
  104. 25460.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.6. Federal Funding of Energy-Related Projects and State Energy Programs [25460 - 25464] ( Chapter 5.6 added by Stats. 2009, 4th Ex. Sess., Ch. 11, Sec. 22. )

    Verify source ↗

    The Legislature says the commission should be able to award contracts, grants, and loans from federal recovery funds, and do so as quickly as possible.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.6. Federal Funding of Energy-Related Projects and State Energy Programs [25460 - 25464] ( Chapter 5.6 added by Stats. 2009, 4th Ex. Sess., Ch. 11, Sec. 22. ) ## 25460. (a) The Legislature finds and declares that the 111th Congress enacted the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) that appropriates funds for various energy programs administered by the commission. (b) It is the intent of the Legislature that the commission should have the authority to award contracts, grants, and loans from funds received pursuant to the American Recovery and Reinvestment Act of 2009 and to make the awards as expeditiously as possible. (Added by Stats. 2009, 4th Ex. Sess., Ch. 11, Sec. 22. Effective July 28, 2009.)
  105. 25461.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.6. Federal Funding of Energy-Related Projects and State Energy Programs [25460 - 25464] ( Chapter 5.6 added by Stats. 2009, 4th Ex. Sess., Ch. 11, Sec. 22. )

    Verify source ↗

    The commission must administer certain federal energy-related funds, and may use them for contracts, grants, loans, and related financial tools unless federal law prohibits it.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.6. Federal Funding of Energy-Related Projects and State Energy Programs [25460 - 25464] ( Chapter 5.6 added by Stats. 2009, 4th Ex. Sess., Ch. 11, Sec. 22. ) ## 25461. (a) Except as provided in Chapter 5.5 (commencing with Section 25450), the commission shall administer federal funds allocated to, and received by, the state for energy-related projects pursuant to the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) or federal acts related to the American Recovery and Reinvestment Act of 2009. (b) Unless otherwise prohibited by the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) or subsequent federal acts related to the American Recovery and Reinvestment Act of 2009, the commission may use the federal funds to award contracts, grants, and loans, including loan guarantees, loan loss reserves, and credit enhancements, for energy efficiency, energy conservation, renewable energy, and other energy-related projects and activities authorized by the American Recovery and Reinvestment Act of 2009 or subsequent federal acts related to the American Recovery and Reinvestment Act of 2009. (Amended by Stats. 2010, Ch. 718, Sec. 17. (SB 855) Effective October 19, 2010.)
  106. 25462.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.6. Federal Funding of Energy-Related Projects and State Energy Programs [25460 - 25464] ( Chapter 5.6 added by Stats. 2009, 4th Ex. Sess., Ch. 11, Sec. 22. )

    Verify source ↗

    The commission may adopt funding guidelines, but it must give public notice and let interested parties comment; certain guidelines are exempt from one Government Code chapter, and grants or loans can be appealed if the guidelines were not followed.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.6. Federal Funding of Energy-Related Projects and State Energy Programs [25460 - 25464] ( Chapter 5.6 added by Stats. 2009, 4th Ex. Sess., Ch. 11, Sec. 22. ) ## 25462. (a) The commission may adopt guidelines governing the award, eligibility, and administration of funding pursuant to this chapter at a publicly noticed meeting offering all interested parties an opportunity to comment. The commission shall provide written public notice of not less than 30 days for the initial adoption of guidelines. Substantive changes to the guidelines shall not be adopted without 15-day written notice to the public. Notwithstanding any other provision of law, any guidelines adopted pursuant to this chapter shall be exempt from the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (b) Grants and loans made pursuant to this chapter are subject to appeal to the commission upon a showing that factors other than those described in the guidelines adopted by the commission were applied in making the awards and payments. (Added by Stats. 2009, 4th Ex. Sess., Ch. 11, Sec. 22. Effective July 28, 2009.)
  107. 25463.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.6. Federal Funding of Energy-Related Projects and State Energy Programs [25460 - 25464] ( Chapter 5.6 added by Stats. 2009, 4th Ex. Sess., Ch. 11, Sec. 22. )

    Verify source ↗

    The commission may use certain federal funds to support other authorized energy programs, and it must issue a competitive solicitation for projects by February 1, 2017.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.6. Federal Funding of Energy-Related Projects and State Energy Programs [25460 - 25464] ( Chapter 5.6 added by Stats. 2009, 4th Ex. Sess., Ch. 11, Sec. 22. ) ## 25463. (a) Notwithstanding any other provision of this division, federal funds available to the commission pursuant to this chapter may be used by the commission to augment funding for any programs or measures authorized by this division unless otherwise prohibited by the American Recovery and Reinvestment Act of 2009 (Public Law 111-5). The commission may administer any funds used to augment other programs using the procedures of the augmented program consistent with applicable federal law. (b) This section shall be liberally construed to maximize the commission’s ability to utilize and award federal funds expeditiously and in accordance with the American Recovery and Reinvestment Act of 2009 or federal acts related to the American Recovery and Reinvestment Act of 2009. (c) (1) Of the moneys appropriated to the commission in the 2016–17 fiscal year from the moneys derived from the American Recovery and Reinvestment Act of 2009 in the Federal Trust Fund for purposes authorized by Section 25461, the sum of two million five hundred thousand dollars ($2,500,000) is hereby allocated for purposes consistent with subdivision (l) of Section 3823. No later than February 1, 2017, the commission shall issue a competitive solicitation for projects pursuant to subdivision (l) of Section 3823 to be funded from this allocation. (2) Notwithstanding Section 13340 of the Government Code, for the 2017–18 fiscal year and each fiscal year thereafter until all moneys in the Federal Trust Fund derived from the American Recovery and Reinvestment Act of 2009 have been encumbered or expended, the sum of two million five hundred thousand dollars ($2,500,000) annually is hereby continuously appropriated to the commission for the purposes authorized by Section 25461. (Amended by Stats. 2016, Ch. 539, Sec. 2. (SB 1074) Effective January 1, 2017.)
  108. 25464.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.6. Federal Funding of Energy-Related Projects and State Energy Programs [25460 - 25464] ( Chapter 5.6 added by Stats. 2009, 4th Ex. Sess., Ch. 11, Sec. 22. )

    Verify source ↗

    The commission may use and manage certain funds for a loan program for California clean and renewable energy manufacturing businesses, while the Controller and the commission must carry out specific fund-transfer and account-management steps.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.6. Federal Funding of Energy-Related Projects and State Energy Programs [25460 - 25464] ( Chapter 5.6 added by Stats. 2009, 4th Ex. Sess., Ch. 11, Sec. 22. ) ## 25464. (a) For purposes of this section, the following definitions apply: (1) “Fund” means the Clean and Renewable Energy Business Financing Revolving Loan Fund. (2) “Program” means the Clean and Renewable Energy Business Financing Revolving Loan Program. (b) (1) The commission may use federal funds available pursuant to this chapter to implement the Clean and Renewable Energy Business Financing Revolving Loan Program to provide low interest loans to California clean and renewable energy manufacturing businesses. (2) The commission may use other funding sources to leverage loans awarded under the program. (c) The commission may work directly with the Governor’s Office of Business and Economic Development, the Treasurer, or any other state agency, board, commission, or authority to implement and administer the program, and may contract for private services as needed to implement the program. (d) The commission may collect an application fee from applicants applying for funding under the program to help offset the costs of administering the program. (e) (1) The Clean and Renewable Energy Business Financing Revolving Loan Fund is hereby established in the State Treasury to implement the program. The commission is authorized to administer the fund for this purpose. Notwithstanding Section 13340 of the Government Code, the money in the fund is continuously appropriated to the commission, without regard to fiscal years, to implement the program. (2) Upon direction by the commission, the Controller shall create any accounts or subaccounts within the fund that the commission determines are necessary to facilitate management of the fund. (3) The Controller shall disburse and receive moneys in the fund for purposes of the program and as authorized by the commission. (4) All loans and repayments of loans made pursuant to this section, including interest payments, penalty payments, and all interest earning on or accruing to any moneys in the fund, shall be deposited in the fund and shall be available for the purposes of this section. (5) The commission may expend up to 5 percent of moneys in the fund for its administrative costs to implement the program. (f) Federal funds available to the commission pursuant to this chapter shall be transferred to the fund in the loan amounts when loans are awarded under the program by the commission. (g) Notwithstanding paragraph (4) of subdivision (e), the commission may use loan repayments and all interest earnings on or accruing in the fund for energy efficiency, energy conservation, renewable energy, and other energy-related projects and activities authorized by the federal American Recovery and Reinvestment Act of 2009 or subsequent federal acts related to the federal American Recovery and Reinvestment Act of 2009. Unless prohibited by the federal American Recovery and Reinvestment Act of 2009, the commission may augment funding for any programs and measures authorized by this division. (h) The commission shall transfer to the Energy Efficient State Property Revolving Fund established pursuant to Section 25471 repayments of, and all accrued interest on, loans funded by the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5) pursuant to this section. The commission shall transfer the moneys not more frequently than annually and in an amount based on the balance in the fund at the time of transfer. (Amended by Stats. 2015, Ch. 24, Sec. 35. (SB 83) Effective June 24, 2015.)
  109. 25470.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.7. Energy Efficient State Property Revolving Fund and Energy Efficiency Retrofit State Revolving Fund [25470 - 25474.5] ( Heading of Chapter 5.7 amended by Stats. 2014, Ch. 36, Sec. 13. )

    Verify source ↗

    This section defines key terms used in the chapter.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.7. Energy Efficient State Property Revolving Fund and Energy Efficiency Retrofit State Revolving Fund [25470 - 25474.5] ( Heading of Chapter 5.7 amended by Stats. 2014, Ch. 36, Sec. 13. ) ## 25470. As used in this chapter: (a) “Act” means the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5). (b) “Allocation” means a loan of funds by the Department of General Services pursuant to the procedures specified in this chapter. (c) “Building” means any existing structure that includes a heating or cooling system, or both. Additions to an existing building shall be considered part of that building rather than a separate building. (d) “Department” means the Department of General Services. (e) “Energy audit” means a determination of the energy consumption characteristics of a building that does all of the following: (1) Identifies the type, size, and energy use level of the building and the major energy using systems of the building. (2) Determines appropriate energy conservation maintenance and operating procedures. (3) Indicates the need, if any, for the acquisition and installation of energy conservation measures. (f) “Energy conservation maintenance and operating procedure” means a modification or modifications in the maintenance and operations of a building, and any installations therein, based on the use time schedule of the building that are designed to reduce energy consumption in the building and that require no significant expenditure of funds. (g) “Energy conservation measure” means an installation or modification of an installation in a building that is primarily intended to reduce energy consumption or allow the use of a more cost-effective energy source. (h) “Energy conservation project” means an undertaking to acquire and to install one or more energy conservation measures in a building, and technical assistance in connection with that undertaking. (i) “Fund” means the Energy Efficient State Property Revolving Fund or the Energy Efficiency Retrofit State Revolving Fund. (j) “Project” means a purpose for which an allocation may be requested and made under this chapter. Those purposes shall include energy audits, energy conservation and operating procedures, and energy conservation measures in existing buildings, and energy conservation projects. (k) “State agency” means a unit of state government, including any department, agency, board, or commission under the State of California. (l) “State-owned building” means a building that is primarily occupied by offices or agencies of a unit of state government and includes those properties owned by the State of California. (Amended by Stats. 2014, Ch. 36, Sec. 14. (SB 862) Effective June 20, 2014.)
  110. 25471.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.7. Energy Efficient State Property Revolving Fund and Energy Efficiency Retrofit State Revolving Fund [25470 - 25474.5] ( Heading of Chapter 5.7 amended by Stats. 2014, Ch. 36, Sec. 13. )

    Verify source ↗

    This section creates the Energy Efficient State Property Revolving Fund and assigns the department and commission duties for administering it, moving money into it, and accounting for it.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.7. Energy Efficient State Property Revolving Fund and Energy Efficiency Retrofit State Revolving Fund [25470 - 25474.5] ( Heading of Chapter 5.7 amended by Stats. 2014, Ch. 36, Sec. 13. ) ## 25471. (a) There is hereby created in the State Treasury the Energy Efficient State Property Revolving Fund for the purpose of implementing this chapter. Notwithstanding Section 13340 of the Government Code, the money in this fund is continuously appropriated to the department, without regard to fiscal years, for loans for projects on state-owned buildings and facilities to achieve greater, long-term energy efficiency, energy conservation, and energy cost and use avoidance. (b) The fund shall be administered by the department. The department may use other funding sources to leverage project loans. (c) For the 2009–10 fiscal year, the sum of twenty-five million dollars ($25,000,000) shall be transferred into the Energy Efficient State Property Revolving Fund from money received by the commission pursuant to the act to be used for purposes of the federal State Energy Program. (d) (1) For the 2011–12 and 2012–13 fiscal years, the commission may transfer up to fifty million dollars ($50,000,000), in total, as the commission determines to be appropriate, into the Energy Efficient State Property Revolving Fund from money received by the commission pursuant to the act to be used for the purposes of the federal State Energy Program. (2) The commission shall provide written notice to the Controller on the amount and timing of the transfer of moneys into the fund. (3) Subject to the limitations of paragraph (1), the commission may make multiple transfers to allow for reallocating available funds from project cancellations and project savings. (4) Notwithstanding Section 9795 of the Government Code, the commission shall notify, in writing, the Joint Legislative Budget Committee when a transfer is made pursuant to this subdivision. (e) The Controller shall disburse moneys in the fund for the purposes of this chapter, as authorized by the department. (f) Moneys in the fund, including all interest earnings, shall be clearly delineated and distinctly accounted for in accordance with the requirements of the act. (g) Pursuant to subdivision (d) of Section 25422 and subdivision (h) of Section 25464, the commission shall transfer to the Energy Efficient State Property Revolving Fund repayments of, and all accrued interest on, loans funded by the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5). (Amended by Stats. 2015, Ch. 24, Sec. 36. (SB 83) Effective June 24, 2015.)
  111. 25471.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.7. Energy Efficient State Property Revolving Fund and Energy Efficiency Retrofit State Revolving Fund [25470 - 25474.5] ( Heading of Chapter 5.7 amended by Stats. 2014, Ch. 36, Sec. 13. )

    Verify source ↗

    This section creates the Energy Efficiency Retrofit State Revolving Fund in the State Treasury and makes its money continuously available to the department.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.7. Energy Efficient State Property Revolving Fund and Energy Efficiency Retrofit State Revolving Fund [25470 - 25474.5] ( Heading of Chapter 5.7 amended by Stats. 2014, Ch. 36, Sec. 13. ) ## 25471.5. There is hereby established in the State Treasury the Energy Efficiency Retrofit State Revolving Fund for the purposes of implementing this chapter. Notwithstanding Section 13340 of the Government Code, moneys in the Energy Efficiency Retrofit State Revolving Fund are continuously appropriated to the department without regard to fiscal years for loans for projects in or on state-owned buildings and facilities to implement energy efficiency retrofit projects and to utilize renewable energy technology to achieve energy efficiency, reduce emissions of greenhouse gases, and reduce grid-based electricity purchases. (Added by Stats. 2014, Ch. 36, Sec. 15. (SB 862) Effective June 20, 2014.)
  112. 25472.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.7. Energy Efficient State Property Revolving Fund and Energy Efficiency Retrofit State Revolving Fund [25470 - 25474.5] ( Heading of Chapter 5.7 amended by Stats. 2014, Ch. 36, Sec. 13. )

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    The department must set up a project-identification and funding-allocation process, use fund money for energy-efficiency projects, follow the act and commission guidelines, make loans to state agencies for allowable projects, set repayment terms and interest rates, and may use direct billing to collect repayments.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.7. Energy Efficient State Property Revolving Fund and Energy Efficiency Retrofit State Revolving Fund [25470 - 25474.5] ( Heading of Chapter 5.7 amended by Stats. 2014, Ch. 36, Sec. 13. ) ## 25472. (a) The department, in consultation with the commission, shall establish a process by which projects are identified and funding is allocated. (b) The department shall use money in the fund for projects that will improve long-term energy efficiency and increase energy use savings. (c) The department shall comply with the requirements of the act and implementing guidelines of the commission, including, but not limited to, performance metrics, data collection, and reporting. All projects shall be consistent with these requirements and guidelines. (d) Funding prioritization shall be granted to those projects that are cost effective and will yield immediate and sustainable energy efficiency, energy conservation, energy use cost savings, and cost avoidance. (e) The department shall fund allowable projects through a loan to the appropriate state agency or agencies occupying the building or facility for which the project will be performed. (f) The department shall determine a reasonable loan repayment schedule that shall not exceed the life of the energy conservation measure equipment, as determined by the department, or the lease term of the building in which the energy conservation measure is installed. (g) Maximum loan amounts shall be based on estimated energy cost savings that will allow state agencies to repay loan principal and interest within the maximum repayment term specified in this section. (h) The department shall periodically set interest rates on the loans based on surveys of existing financial markets and at rates of not less than 1 percent per annum. (i) Annual loan repayment amounts shall be structured so as to reflect the projected annualized energy cost avoidance estimated from the completed project. The department may utilize a direct billing methodology to recover loan repayments for completed projects. (Amended by Stats. 2014, Ch. 36, Sec. 16. (SB 862) Effective June 20, 2014.)
  113. 25473.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.7. Energy Efficient State Property Revolving Fund and Energy Efficiency Retrofit State Revolving Fund [25470 - 25474.5] ( Heading of Chapter 5.7 amended by Stats. 2014, Ch. 36, Sec. 13. )

    Verify source ↗

    The department must submit a report to the Legislature’s fiscal and appropriate policy committees by January 1, 2010 and every year after, and must submit an update to the Legislature by July 1, 2010.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.7. Energy Efficient State Property Revolving Fund and Energy Efficiency Retrofit State Revolving Fund [25470 - 25474.5] ( Heading of Chapter 5.7 amended by Stats. 2014, Ch. 36, Sec. 13. ) ## 25473. (a) On or before January 1, 2010, and annually thereafter, the department, in collaboration with the commission, shall submit to the Legislature’s fiscal and appropriate policy committees a report that includes an initial list of projects identified and planned for the 2009–10 fiscal year, and for each fiscal year thereafter. The report also shall include the anticipated cost of each project, an analysis of the results of the methodology, and an estimate of energy savings to be achieved. (b) On or before July 1, 2010, the department, in collaboration with the commission, shall submit to the Legislature an update to the January 1, 2010, report. (Added by Stats. 2009, 4th Ex. Sess., Ch. 11, Sec. 23. Effective July 28, 2009.)
  114. 25474.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.7. Energy Efficient State Property Revolving Fund and Energy Efficiency Retrofit State Revolving Fund [25470 - 25474.5] ( Heading of Chapter 5.7 amended by Stats. 2014, Ch. 36, Sec. 13. )

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    The department may recover project administration costs from interest earnings, up to 5% of project loan amounts.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.7. Energy Efficient State Property Revolving Fund and Energy Efficiency Retrofit State Revolving Fund [25470 - 25474.5] ( Heading of Chapter 5.7 amended by Stats. 2014, Ch. 36, Sec. 13. ) ## 25474. (a) Any repayment of loans made pursuant to this chapter from the Energy Efficient State Property Revolving Fund, including interest payments, and all interest earnings on or accruing to, any money resulting from the implementation of this chapter in the Energy Efficient State Property Revolving Fund, shall be deposited in that fund and shall be available for the purposes of this chapter. (b) The department may recover costs of administering the projects and related costs through interest earnings up to 5 percent of the project loan amounts. Project costs can include energy efficiency improvements and costs associated with managing the project and administering the loan program, including all reporting requirements. (Amended by Stats. 2014, Ch. 36, Sec. 17. (SB 862) Effective June 20, 2014.)
  115. 25474.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.7. Energy Efficient State Property Revolving Fund and Energy Efficiency Retrofit State Revolving Fund [25470 - 25474.5] ( Heading of Chapter 5.7 amended by Stats. 2014, Ch. 36, Sec. 13. )

    Verify source ↗

    Loan repayments and related interest earnings must be deposited into the Energy Efficiency Retrofit State Revolving Fund and used for this chapter’s purposes. The department may also recover administration costs from interest earnings up to 5% of project loan amounts.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.7. Energy Efficient State Property Revolving Fund and Energy Efficiency Retrofit State Revolving Fund [25470 - 25474.5] ( Heading of Chapter 5.7 amended by Stats. 2014, Ch. 36, Sec. 13. ) ## 25474.5. (a) Notwithstanding Section 39718 of the Health and Safety Code, any repayment of loans made pursuant to this chapter from the Energy Efficiency Retrofit State Revolving Fund, including interest payments, and all interest earnings on or accruing to, any money resulting from the implementation of this chapter in the Energy Efficiency Retrofit State Revolving Fund, shall be deposited in that fund and shall be available for the purposes of this chapter. (b) The department may recover costs of administering the projects and related costs through interest earnings up to 5 percent of the project loan amounts. Project costs can include energy efficiency improvements and costs associated with managing the project and administering the loan program, including all reporting requirements. (Added by Stats. 2014, Ch. 36, Sec. 18. (SB 862) Effective June 20, 2014.)
  116. 25480.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.8. Energy Conservation in Transportation [25480 - 25485] ( Chapter 5.8 added by Stats. 1975, Ch. 686. )

    Verify source ↗

    This section says that, in this chapter, “department” means the Department of Transportation.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.8. Energy Conservation in Transportation [25480 - 25485] ( Chapter 5.8 added by Stats. 1975, Ch. 686. ) ## 25480. As used in this chapter, “department” means the Department of Transportation. (Added by Stats. 1975, Ch. 686.)
  117. 25481.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.8. Energy Conservation in Transportation [25480 - 25485] ( Chapter 5.8 added by Stats. 1975, Ch. 686. )

    Verify source ↗

    The Legislature states that energy shortages, automobile energy use, air pollution, and traffic congestion are serious problems, and says the chapter’s purpose is to encourage commuter ridesharing in metropolitan areas.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.8. Energy Conservation in Transportation [25480 - 25485] ( Chapter 5.8 added by Stats. 1975, Ch. 686. ) ## 25481. The Legislature hereby finds and declares that: (a) Due to the projected rapid growth in demand for energy, coupled with the mounting difficulties in providing energy supplies, a continuing energy shortage exists, posing a significant danger to public health and welfare. (b) The use of the automobile represents the single largest use of energy in this state and, therefore, the growing use of energy by automobiles is a major factor contributing to such shortage. (c) Heavy automobile traffic in our major cities has resulted in serious problems of air pollution and traffic congestion. (d) Increased ridesharing by commuters would aid in lowering air pollution levels, conserving energy, and reducing urban traffic congestion. It is, therefore, the purpose of this chapter to provide incentives for the wider use of ridesharing by commuters in metropolitan areas. (Amended by Stats. 1979, Ch. 290.)
  118. 25482.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.8. Energy Conservation in Transportation [25480 - 25485] ( Chapter 5.8 added by Stats. 1975, Ch. 686. )

    Verify source ↗

    All state agencies must help employees in metropolitan areas form carpools and find potential carpool participants, and the department must coordinate those efforts.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.8. Energy Conservation in Transportation [25480 - 25485] ( Chapter 5.8 added by Stats. 1975, Ch. 686. ) ## 25482. All state agencies shall provide assistance to their employees living in metropolitan areas in establishing carpools and locating potential carpool participants. The department shall be responsible for coordinating these efforts. (Amended by Stats. 1980, Ch. 595, Sec. 3.)
  119. 25483.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.8. Energy Conservation in Transportation [25480 - 25485] ( Chapter 5.8 added by Stats. 1975, Ch. 686. )

    Verify source ↗

    The department may establish ridesharing programs in metropolitan areas for public and private employees.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.8. Energy Conservation in Transportation [25480 - 25485] ( Chapter 5.8 added by Stats. 1975, Ch. 686. ) ## 25483. In order to perform its new function of promoting and assisting ridesharing, the department is authorized to establish ridesharing programs in metropolitan areas for public and private employees with funds made available for such purpose from any source. The ridesharing programs may be established and maintained entirely by the department or by the department in cooperation with public or private parties pursuant to contract. (Amended by Stats. 1979, Ch. 290.)
  120. 25484.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.8. Energy Conservation in Transportation [25480 - 25485] ( Chapter 5.8 added by Stats. 1975, Ch. 686. )

    Verify source ↗

    The department’s ridesharing programs may include matching systems, promotional efforts, flexible work hours, and preferential highway treatment.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.8. Energy Conservation in Transportation [25480 - 25485] ( Chapter 5.8 added by Stats. 1975, Ch. 686. ) ## 25484. The ridesharing programs established by the department may include, but are not limited to, computer or manual matching systems, promotional efforts to encourage carpooling, vanpooling, buspooling, and flexible work hours, and preferential treatment on highways. (Amended by Stats. 1979, Ch. 290.)
  121. 25485.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.8. Energy Conservation in Transportation [25480 - 25485] ( Chapter 5.8 added by Stats. 1975, Ch. 686. )

    Verify source ↗

    The department must create and operate preferential freeway lanes for qualifying carpools, and must let those carpools use preferential bus lanes unless bus congestion or a serious traffic hazard would result.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.8. Energy Conservation in Transportation [25480 - 25485] ( Chapter 5.8 added by Stats. 1975, Ch. 686. ) ## 25485. The department shall develop programs and undertake any necessary construction to establish, for the use of carpool vehicles carrying at least three persons, preferential lanes on major freeways in metropolitan areas where the total benefits to the carpool vehicles will bear a reasonable relationship to the total adverse effects on the remaining vehicles, as established on the basis of an engineering study. The department shall also permit such carpool vehicles to have access to preferential bus lanes established on major freeways, unless congestion seriously impeding the travel of buses will result or will present a serious traffic hazard. (Added by Stats. 1975, Ch. 686.)
  122. 25487.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.9. Energy Systems [25487 - 25498] ( Chapter 5.9 added by Stats. 1977, Ch. 773. ) ## ARTICLE 1. Definitions [25487 - 25498] ( Article 1 added by Stats. 1977, Ch. 773. )

    Verify source ↗

    The definitions in this article govern how this chapter 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 5.9. Energy Systems [25487 - 25498] ( Chapter 5.9 added by Stats. 1977, Ch. 773. ) ## ARTICLE 1. Definitions [25487 - 25498] ( Article 1 added by Stats. 1977, Ch. 773. ) ## 25487. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1977, Ch. 773.)
  123. 25488.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.9. Energy Systems [25487 - 25498] ( Chapter 5.9 added by Stats. 1977, Ch. 773. ) ## ARTICLE 1. Definitions [25487 - 25498] ( Article 1 added by Stats. 1977, Ch. 773. )

    Verify source ↗

    “Title 24 Standards” means the nonresidential building standards developed by the commission.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.9. Energy Systems [25487 - 25498] ( Chapter 5.9 added by Stats. 1977, Ch. 773. ) ## ARTICLE 1. Definitions [25487 - 25498] ( Article 1 added by Stats. 1977, Ch. 773. ) ## 25488. “Title 24 Standards” refers to the nonresidential building standards developed by the commission. (Added by Stats. 1977, Ch. 773.)
  124. 25488.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.9. Energy Systems [25487 - 25498] ( Chapter 5.9 added by Stats. 1977, Ch. 773. ) ## ARTICLE 1. Definitions [25487 - 25498] ( Article 1 added by Stats. 1977, Ch. 773. )

    Verify source ↗

    “Building standard” means a building standard defined in the Health and Safety Code and adopted by the commission.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.9. Energy Systems [25487 - 25498] ( Chapter 5.9 added by Stats. 1977, Ch. 773. ) ## ARTICLE 1. Definitions [25487 - 25498] ( Article 1 added by Stats. 1977, Ch. 773. ) ## 25488.5. “Building standard” means a building standard as defined in Section 18909 of the Health and Safety Code which is adopted by the commission. (Added by Stats. 1979, Ch. 1152.)
  125. 25489.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.9. Energy Systems [25487 - 25498] ( Chapter 5.9 added by Stats. 1977, Ch. 773. ) ## ARTICLE 1. Definitions [25487 - 25498] ( Article 1 added by Stats. 1977, Ch. 773. )

    Verify source ↗

    This section defines “lifecycle cost” as the estimated total cost of acquiring, operating, maintaining, and constructing an energy system over a structure’s design life.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.9. Energy Systems [25487 - 25498] ( Chapter 5.9 added by Stats. 1977, Ch. 773. ) ## ARTICLE 1. Definitions [25487 - 25498] ( Article 1 added by Stats. 1977, Ch. 773. ) ## 25489. “Lifecycle cost” means an estimate of the total cost of acquisition, operation, maintenance, and construction of any energy system within or related to a structure over the design life of the structure. “Life cycle cost” includes, but is not limited to, the cost of fuel, materials, machinery, ancillary devices, labor, service, replacement, and repairs. (Added by Stats. 1977, Ch. 773.)
  126. 25491.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.9. Energy Systems [25487 - 25498] ( Chapter 5.9 added by Stats. 1977, Ch. 773. ) ## ARTICLE 1. Definitions [25487 - 25498] ( Article 1 added by Stats. 1977, Ch. 773. )

    Verify source ↗

    This section defines “governmental agency” to include public agencies, state agencies, counties, cities, districts, associations of governments, and joint power agencies.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.9. Energy Systems [25487 - 25498] ( Chapter 5.9 added by Stats. 1977, Ch. 773. ) ## ARTICLE 1. Definitions [25487 - 25498] ( Article 1 added by Stats. 1977, Ch. 773. ) ## 25491. “Governmental agency” means any public agency, including any agency of the state, each county, city, district, association of governments, and joint power agency. (Added by Stats. 1977, Ch. 773.)
  127. 25492.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.9. Energy Systems [25487 - 25498] ( Chapter 5.9 added by Stats. 1977, Ch. 773. ) ## ARTICLE 1. Definitions [25487 - 25498] ( Article 1 added by Stats. 1977, Ch. 773. )

    Verify source ↗

    This section defines “structure” as a building with more than 10,000 square feet of floor area and a qualifying heating, cooling, water heating, or lighting system.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.9. Energy Systems [25487 - 25498] ( Chapter 5.9 added by Stats. 1977, Ch. 773. ) ## ARTICLE 1. Definitions [25487 - 25498] ( Article 1 added by Stats. 1977, Ch. 773. ) ## 25492. “Structure” means any building which has more than 10,000 square feet of floor area and which has a heating, cooling, water heating, or lighting system which is designed to provide lighting and space conditioning more than 1,000 hours per year. (Added by Stats. 1977, Ch. 773.)
  128. 25493.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.9. Energy Systems [25487 - 25498] ( Chapter 5.9 added by Stats. 1977, Ch. 773. ) ## ARTICLE 1. Definitions [25487 - 25498] ( Article 1 added by Stats. 1977, Ch. 773. )

    Verify source ↗

    A governmental agency may not start construction on a new structure on or after January 1, 1979 unless the structure complies with Title 24 Standards.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.9. Energy Systems [25487 - 25498] ( Chapter 5.9 added by Stats. 1977, Ch. 773. ) ## ARTICLE 1. Definitions [25487 - 25498] ( Article 1 added by Stats. 1977, Ch. 773. ) ## 25493. On or after January 1, 1979, no governmental agency shall commence construction on any new structure unless the new structure complies with Title 24 Standards. (Added by Stats. 1977, Ch. 773.)
  129. 25493.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.9. Energy Systems [25487 - 25498] ( Chapter 5.9 added by Stats. 1977, Ch. 773. ) ## ARTICLE 1. Definitions [25487 - 25498] ( Article 1 added by Stats. 1977, Ch. 773. )

    Verify source ↗

    A governmental agency may not start construction on a new structure after January 1, 1980 unless the structure complies with applicable building standards.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.9. Energy Systems [25487 - 25498] ( Chapter 5.9 added by Stats. 1977, Ch. 773. ) ## ARTICLE 1. Definitions [25487 - 25498] ( Article 1 added by Stats. 1977, Ch. 773. ) ## 25493.5. On and after January 1, 1980, no governmental agency shall commence construction on any new structure unless the new structure complies with all applicable building standards, as defined in Section 25488.5 and published in the State Building Standards Code. (Added by Stats. 1979, Ch. 1152.)
  130. 25494.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.9. Energy Systems [25487 - 25498] ( Chapter 5.9 added by Stats. 1977, Ch. 773. ) ## ARTICLE 1. Definitions [25487 - 25498] ( Article 1 added by Stats. 1977, Ch. 773. )

    Verify source ↗

    The commission must prepare a manual by July 31, 1978 explaining how to compare lifecycle costs for building design alternatives.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.9. Energy Systems [25487 - 25498] ( Chapter 5.9 added by Stats. 1977, Ch. 773. ) ## ARTICLE 1. Definitions [25487 - 25498] ( Article 1 added by Stats. 1977, Ch. 773. ) ## 25494. Not later than July 31, 1978, the commission shall prepare a manual outlining a methodology by which governmental agencies and the general public may at their option compare the lifecycle costs of various building design alternatives. This manual will provide the information and procedures necessary to evaluate a building’s lifecycle costs in the microclimate and utility service area where it is to be built. (Added by Stats. 1977, Ch. 773.)
  131. 25495.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.9. Energy Systems [25487 - 25498] ( Chapter 5.9 added by Stats. 1977, Ch. 773. ) ## ARTICLE 1. Definitions [25487 - 25498] ( Article 1 added by Stats. 1977, Ch. 773. )

    Verify source ↗

    The commission must develop new-construction design guidelines with energy-conserving options by July 31, 1978.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.9. Energy Systems [25487 - 25498] ( Chapter 5.9 added by Stats. 1977, Ch. 773. ) ## ARTICLE 1. Definitions [25487 - 25498] ( Article 1 added by Stats. 1977, Ch. 773. ) ## 25495. No later than July 31, 1978, the commission shall develop design guidelines for new construction which include energy conserving options, including, but not limited to, the use of daylighting, heating ventilation and air conditioning economizer cycles, natural ventilation, building envelope solar heat gain control mechanisms, and alternative energy systems such as solar energy for space heating and water heating and load management strategies. These guidelines and the cost analysis done pursuant to Section 25494 may be considered by government agencies at their option for ultimate selection of a building design in the competitive bidding process. (Added by Stats. 1977, Ch. 773.)
  132. 25496.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.9. Energy Systems [25487 - 25498] ( Chapter 5.9 added by Stats. 1977, Ch. 773. ) ## ARTICLE 1. Definitions [25487 - 25498] ( Article 1 added by Stats. 1977, Ch. 773. )

    Verify source ↗

    The commission must develop and make available lighting standards for existing buildings by July 1, 1978, and it may advise the public or government agencies about those standards.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.9. Energy Systems [25487 - 25498] ( Chapter 5.9 added by Stats. 1977, Ch. 773. ) ## ARTICLE 1. Definitions [25487 - 25498] ( Article 1 added by Stats. 1977, Ch. 773. ) ## 25496. No later than July 1, 1978, the commission shall develop and make available to government agencies and the general public to be utilized at their option lighting standards for existing buildings. These standards shall address, but not be limited to, task and general area lighting levels, light switching and control mechanisms, and lighting energy budgets. The commission may provide advice and recommendations to the public or any governmental agency as to the standards. (Added by Stats. 1977, Ch. 773.)
  133. 25498.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.9. Energy Systems [25487 - 25498] ( Chapter 5.9 added by Stats. 1977, Ch. 773. ) ## ARTICLE 1. Definitions [25487 - 25498] ( Article 1 added by Stats. 1977, Ch. 773. )

    Verify source ↗

    New state-owned structures must be equipped with a supplementary solar water heating system unless the State Architect grants a specific exemption.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 5.9. Energy Systems [25487 - 25498] ( Chapter 5.9 added by Stats. 1977, Ch. 773. ) ## ARTICLE 1. Definitions [25487 - 25498] ( Article 1 added by Stats. 1977, Ch. 773. ) ## 25498. In addition to any other requirements applicable to such structure, no new state-owned structure shall be constructed which is not equipped with a supplementary solar water heating system, unless such structure is specifically exempted from this requirement by the State Architect for reasons of economic or physical infeasibility. (Added by Stats. 1977, Ch. 773.)
  134. 25500.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    The commission has exclusive power to certify sites and related facilities, and construction or modification cannot begin until certification is obtained.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25500. In accordance with the provisions of this division, the commission shall have the exclusive power to certify all sites and related facilities in the state, whether a new site and related facility or a change or addition to an existing facility. The issuance of a certificate by the commission shall be in lieu of any permit, certificate, or similar document required by any state, local or regional agency, or federal agency to the extent permitted by federal law, for such use of the site and related facilities, and shall supersede any applicable statute, ordinance, or regulation of any state, local, or regional agency, or federal agency to the extent permitted by federal law. After the effective date of this division, no construction of any facility or modification of any existing facility shall be commenced without first obtaining certification for any such site and related facility by the commission, as prescribed in this division. (Amended by Stats. 1976, Ch. 1330.)
  135. 25500.1.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    Certain solar thermal powerplant owners may ask the commission to amend a certificate so the facility can convert to photovoltaic technology, and the commission and other agencies must follow specified review and comment steps.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25500.1. (a) The owner of a proposed solar thermal powerplant, for which an application for certification was filed with the commission after August 15, 2007, and certified by the commission and, of a project on federal land, for which a record of decision was issued by the Department of the Interior or the Bureau of Land Management before September 1, 2011, may petition the commission not later than June 30, 2012, to review an amendment to the facility’s certificate to convert the facility, in whole or in part, from solar thermal technology to photovoltaic technology, without the need to file an entirely new application for certification or notice of intent pursuant to Section 25502, provided that the commission prepares supplemental environmental review documentation, provides for public notice and comment on the supplemental environmental review, and holds at least one public hearing on the proposal. (b) The Department of Fish and Game and the State Water Resources Board shall provide comments to the commission on the water resource and water quality effects of the proposed powerplants. The commission shall incorporate all feasible mitigation measures identified by the department and the board. (c) For a facility specified in subdivision (a), this chapter shall continue to apply, notwithstanding that the facility or part of the facility would otherwise be excluded pursuant to Section 25120. (d) The commission shall process a petition submitted under this section pursuant to Section 1769 of Title 20 of the California Code of Regulations. (e) This section shall not apply to any project if the project’s certificate was timely challenged pursuant to Section 25531, unless the challenge was subsequently dismissed by the California Supreme Court. (f) This section does not abrogate a party’s right to challenge a project’s certification pursuant to Section 25531 or any other provision of law. (Amended by Stats. 2012, Ch. 14, Sec. 1. (AB 1073) Effective May 23, 2012.)
  136. 25500.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    The commission must certify enough sites and related facilities to meet projected electric power demand.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25500.5. The commission shall certify sufficient sites and related facilities which are required to provide a supply of electric power sufficient to accomodate the demand projected in the most recent forecast of statewide and service area electric power demands adopted pursuant to subdivision (b) of Section 25309. (Added by Stats. 1974, Ch. 276.)
  137. 25501.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    This chapter does not apply to sites or related facilities that already have a Public Utilities Commission certificate of public convenience and necessity, or that a municipal utility approved before January 7, 1975.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25501. This chapter does not apply to any site or related facility for which the Public Utilities Commission has issued a certificate of public convenience and necessity or which any municipal utility has approved before January 7, 1975. (Amended by Stats. 1995, Ch. 91, Sec. 143. Effective January 1, 1996.)
  138. 25501.7.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    A person planning to build a Section 25501 facility or site may waive the chapter’s exclusion by giving notice to the commission on or after July 1, 1976.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25501.7. Any person proposing to construct a facility or a site to which Section 25501 applies may waive the exclusion of such site and related facility from the provisions of this chapter by submitting to the commission a notice to that effect on or after July 1, 1976, and any and all of the provisions of this chapter shall apply to the construction of such facility. (Added by Stats. 1974, Ch. 276.)
  139. 25502.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    A person planning to build a thermal powerplant or electric transmission line on a site must file a notice of intention with the commission.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25502. Each person proposing to construct a thermal powerplant or electric transmission line on a site shall submit to the commission a notice of intention to file an application for the certification of the site and related facility or facilities. The notice shall be an attempt primarily to determine the suitability of the proposed sites to accommodate the facilities and to determine the general conformity of the proposed sites and related facilities with standards of the commission and assessments of need adopted pursuant to Sections 25305 to 25308, inclusive. The notice shall be in the form prescribed by the commission and shall be supported by such information as the commission may require. Any site and related facility once found to be acceptable pursuant to Section 25516 is, and shall continue to be, eligible for consideration in an application for certification without further proceedings required for a notice under this chapter. (Amended by Stats. 1984, Ch. 1184, Sec. 8.)
  140. 25502.3.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    A person planning to build a facility that is otherwise excluded from this chapter may waive that exclusion by filing a notice of intent with the commission.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25502.3. Except as provided in Section 25501.7, any person proposing to construct a facility excluded from the provisions of this chapter may waive such exclusion by submitting to the commission a notice of intention to file an application for certification, and any and all of the provisions of this chapter shall apply to the construction of such facility. (Added by Stats. 1974, Ch. 276.)
  141. 25503.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    A notice of intention to file an application must include at least three alternative sites and related facilities, and at least one site must be outside the coastal zone.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25503. Each notice of intention to file an application shall contain at least three alternative sites and related facilities, at least one of which shall not be located in whole or in part in the coastal zone. In addition, the alternative sites and related electrical facilities may be proposed from an inventory of sites which have previously been approved by the commission in a notice of intent or may be proposed from sites previously examined. (Amended by Stats. 1978, Ch. 1010.)
  142. 25504.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    The applicant must include specified project and site information in the notice of intention.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25504. The notice of intention shall include a statement by the applicant describing the location of the proposed sites by section or sections, range and township, and county; a summary of the proposed design criteria of the facilities; the type or types of fuels to be used; the methods of construction and operation; the proposed location of facilities and structures on each site; a preliminary statement of the relative economic, technological, and environmental advantages and disadvantages of the alternative site and related facility proposals; a statement of need for the facility and information showing the compatibility of the proposals with the most recent electricity report issued pursuant to Section 25308; and any other information that an electric utility deems desirable to submit to the commission. (Amended by Stats. 1984, Ch. 1184, Sec. 8.5.)
  143. 25504.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    An applicant may propose in the notice a site that could support more generating capacity than initially requested, but if it does, the notice must include specified details about units, schedules, impacts, cooling water, and auxiliary facilities.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25504.5. An applicant may, in the notice, propose a site to be approved which will accomodate a potential maximum electric generating capacity in excess of the capacity being proposed for the initial approval of the commission. If such a proposal is made, the notice shall include, but not be limited to, in addition to the information specified in Section 25504, all of the following: (a) The number, type, and energy source of electric generating units which the site is proposed ultimately to accomodate and the maximum generating capacity for each unit. (b) The projected installation schedule for each unit. (c) The impact at the site when fully developed, on the environment and public health and safety. (d) The amount and sources of cooling water needed at the fully developed site. (e) The location and specifications of auxiliary facilities planned for each state of development including, but not limited to, pipelines, waste storage facilities, fuel storage facilities, switchyards, coolant lines, coolant outfalls, and cooling ponds, lakes, or towers. (Added by Stats. 1974, Ch. 276.)
  144. 25505.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    After receiving a notice, the commission must publish a summary of it in local newspapers and send copies to specified agencies, including the Public Utilities Commission and the Attorney General.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25505. Upon receipt of a notice, the commission shall cause a summary of the notice to be published in a newspaper of general circulation in each county in which the sites and related facilities, or any part thereof, designated in the notice are proposed to be located. The commission shall also transmit a copy of the notice to the Public Utilities Commission, for sites and related facilities requiring a certificate of public convenience and necessity, and to other federal, state, regional, and local agencies having an interest in matters pertinent to the proposed facilities at any of the alternative sites. A copy of the notice shall also be transmitted to the Attorney General. (Added by Stats. 1974, Ch. 276.)
  145. 25506.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    The commission must ask the appropriate local, regional, state, and federal agencies for comments and recommendations about the design, operation, and location of the facilities named in the notice.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25506. The commission shall request the appropriate local, regional, state, and federal agencies to make comments and recommendations regarding the design, operation, and location of the facilities designated in the notice, in relation to environmental quality, public health and safety, and other factors on which they may have expertise. (Added by Stats. 1974, Ch. 276.)
  146. 25506.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    The commission must ask the Public Utilities Commission to comment on and recommend changes about the design, operation, and location of certain facilities.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25506.5. The commission shall request the Public Utilities Commission, for sites and related facilities requiring a certificate of public convenience and necessity, to make comments and recommendations regarding the design, operation, and location of the facilities designated in the notice in relation to the economic, financial, rate, system reliability, and service implications of the proposed facilities. (Added by Stats. 1974, Ch. 276.)
  147. 25507.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    If a proposed alternative site and related facility is in the coastal zone, the commission must send the notice to the California Coastal Commission, which must review it and prepare a report and findings before hearings begin. If the site is in Suisun Marsh or within the San Francisco Bay Conservation and Development Commission’s jurisdiction, the commission must send the notice to that commission, which must also review it and prepare a report and findings before hearings begin.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25507. (a) If any alternative site and related facility proposed in the notice is proposed to be located, in whole or in part, within the coastal zone, the commission shall transmit a copy of the notice to the California Coastal Commission. The California Coastal Commission shall analyze the notice and prepare the report and findings prescribed by subdivision (d) of Section 30413 prior to commencement of hearings pursuant to Section 25513. (b) If any alternative site and related facility proposed in the notice is proposed to be located, in whole or in part, within the Suisun Marsh, or within the jurisdiction of the San Francisco Bay Conservation and Development Commission, the commission shall transmit a copy of the notice to the San Francisco Bay Conservation and Development Commission. The San Francisco Bay Conservation and Development Commission shall analyze the notice and prepare the report and findings prescribed by subdivision (d) of Section 66645 of the Government Code prior to commencement of hearings pursuant to Section 25513. (Amended by Stats. 1978, Ch. 1013.)
  148. 25508.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    The commission must cooperate with and advise the California Coastal Commission and the San Francisco Bay Conservation and Development Commission when studying certain site and facility applications, if requested. Those commissions may also participate in related public hearings as interested parties.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25508. The commission shall cooperate with, and render advice to, the California Coastal Commission and the San Francisco Bay Conservation and Development Commission in studying applications for any site and related facility proposed to be located, in whole or in part, within the coastal zone, the Suisun Marsh, or the jurisdiction of the San Francisco Bay Conservation and Development Commission if requested by the California Coastal Commission or the San Francisco Bay Conservation and Development Commission, as the case may be. The California Coastal Commission or the San Francisco Bay Conservation and Development Commission, as the case may be, may participate in public hearings on the notice and on the application for site and related facility certification as an interested party in such proceedings. (Amended by Stats. 1977, Ch. 1155.)
  149. 25509.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    The commission must hold public informational presentations within 45 days after notice is filed, in the county or counties where the proposed sites and related facilities are located.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25509. Within 45 days of the filing of the notice, the commission shall conduct public informational presentations in the county or counties in which the proposed sites and related facilities are located. The place of such public informational presentations shall be as close as practicable to the proposed sites. Such presentations shall be for the purpose of setting forth the electrical demand basis for the proposed site and related facility and providing knowledge and understanding of the proposed facilities and sites. (Amended by Stats. 1978, Ch. 1013.)
  150. 25509.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    The commission must wait at least 15 days after the Section 25509 presentations end before starting nonadjudicatory hearings.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25509.5. No sooner than 15 days after the conclusion of the presentations pursuant to Section 25509, the commission shall commence nonadjudicatory hearings. Such hearings shall identify issues for adjudication in hearings pursuant to Section 25513, issues which may be eliminated from further consideration in the notice proceedings, and issues which should be deferred to the certification proceeding. Any person may participate to the extent deemed reasonable and relevant by the presiding member of the commission in any such hearing. In scheduling such hearings the presiding member shall confer with the public adviser to provide that the hearing dates and locations are as convenient as possible for interested parties and the public. Such hearings shall be conducted in order to accomplish all of the following purposes: (a) To set forth the electrical demand basis for the proposed site and related facility. (b) To provide knowledge and understanding of proposed facilities and sites. (c) To obtain the views and comments of the public, parties, and concerned governmental agencies on the environmental, public health and safety, economic, social, and land use impacts of the facility at the proposed sites. (d) To solicit information regarding reasonable alternative sources of the electric generating capacity or energy to be provided by alternative sites and related facilities, or combinations thereof, which will better carry out the policies and objectives of this division. (Added by Stats. 1978, Ch. 1013.)
  151. 25510.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    The commission must prepare and publish a summary and hearing order within 150 days after the notice is filed, after hearings are concluded.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25510. After the conclusion of such hearings, and no later than 150 days after filing of the notice, the commission shall prepare and make public a summary and hearing order on the notice of intention to file an application. The commission may include within the summary and hearing order any other alternatives proposed by the commission or presented to the commission at a public hearing prior to preparation of the summary and hearing order. The summary and hearing order shall be published and made available to the public and to interested local, regional, state, and federal agencies. (Amended by Stats. 1978, Ch. 1013.)
  152. 25511.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    The commission must review site safety and reliability factors, require detailed safety-related information, analyze the applicant’s information, determine whether proposed measures are adequate to protect public health and safety, and include its findings in the final report.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25511. The commission shall review the factors related to safety and reliability of the facilities at each of the alternative sites designated in the notice. In addition to other information requested of the applicant, the commission shall, in determining the appropriateness of sites and related facilities, require detailed information on proposed emergency systems and safety precautions, plans for transport, handling and storage of wastes and fuels, proposed methods to prevent illegal diversion of nuclear fuels, special design features to account for seismic and other potential hazards, proposed methods to control density of population in areas surrounding nuclear powerplants, and such other information as the commission may determine to be relevant to the reliability and safety of the facility at the proposed sites. The commission shall analyze the information provided by the applicant, supplementing it, where necessary, by onsite investigations and other studies. The commission shall determine the adequacy of measures proposed by the applicant to protect public health and safety, and shall include its findings in the final report required by Section 25514. (Amended by Stats. 1978, Ch. 1013.)
  153. 25512.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    The summary and hearing order must be based on the record and must identify, defer, or include specified issues and hearing dates.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25512. The summary and hearing order shall be based upon the record of the proceeding including statements or documents presented during any hearing or informational presentation on the notice, the comments transmitted by the Public Utilities Commission and local, regional, state, and federal agencies and the public to the commission, and independent studies conducted by the commission’s staff. The summary and hearing order shall: (a) Identify those issues for consideration in hearings pursuant to Section 25513. (b) Identify those issues which may be eliminated from further consideration in the notice of intention proceedings. (c) Identify those issues which should be deferred to the certification proceeding. (d) Contain proposed findings on matters relevant to the provisions of Section 25514. (e) Specify dates for the adjudicatory hearings. (Amended by Stats. 1978, Ch. 1013.)
  154. 25512.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    A copy must be distributed within 15 days after the summary and hearing order is published, to anyone who asks for it.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25512.5. Within 15 days of the publication of the summary and hearing order, a copy will be distributed to any person who requests such copy. (Added by Stats. 1978, Ch. 1013.)
  155. 25513.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    The commission must start adjudicatory hearings no earlier than 30 days after the summary and hearing order are distributed.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25513. No earlier than 30 days after distribution of the summary and hearing order, the commission shall commence adjudicatory hearings pursuant to the hearing order. (Amended by Stats. 1978, Ch. 1013.)
  156. 25513.3.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    A former investigator or advocate may later help or supervise the presiding officer in the same commission proceeding, but only after one year and with advice disclosed on the record and open to party comment.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25513.3. Notwithstanding Sections 11425.30 and 11430.10 of the Government Code, unless a party demonstrates other statutory grounds for disqualification, a person who has served as investigator or advocate in an adjudicative proceeding of the commission under this code may serve as a supervisor of the presiding officer or assist or advise the presiding officer in the same proceeding if the service, assistance, or advice occurs more than one year after the time the person served as investigator or advocate, provided the content of any advice is disclosed on the record and all parties have an opportunity to comment on the advice. (Added by Stats. 1995, Ch. 938, Sec. 82.5. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
  157. 25514.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    After the Section 25513 hearings end, a final report must be prepared and distributed within 300 days after the notice is filed.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25514. After conclusion of the hearings held pursuant to Section 25513 and no later than 300 days after the filing of the notice, a final report shall be prepared and distributed. The final report shall include, but not be limited to, all of the following: (a) The findings and conclusions of the commission regarding the conformity of alternative sites and related facilities designated in the notice or considered in the notice of intention proceeding with both of the following: (1) The 12-year forecast of statewide and service area electric power demands adopted pursuant to subdivision (e) of Section 25305, except as provided in Section 25514.5. (2) Applicable local, regional, state, and federal standards, ordinances, and laws, including any long-range land use plans or guidelines adopted by the state or by any local or regional planning agency, which would be applicable but for the exclusive authority of the commission to certify sites and related facilities; and the standards adopted by the commission pursuant to Section 25216.3. (b) Any findings and comments submitted by the California Coastal Commission pursuant to Section 25507 and subdivision (d) of Section 30413. (c) Any findings and comments submitted by the San Francisco Bay Conservation and Development Commission pursuant to Section 25507 of this code and subdivision (d) of Section 66645 of the Government Code. (d) The commission’s findings on the acceptability and relative merit of each alternative siting proposal designated in the notice or presented at the hearings and reviewed by the commission. The specific findings of relative merit shall be made pursuant to Sections 25502 to 25516, inclusive. In its findings on any alternative siting proposal, the commission may specify modification in the design, construction, location, or other conditions which will meet the standards, policies, and guidelines established by the commission. (e) Findings and conclusions with respect to the safety and reliability of the facility or facilities at each of the sites designated in the notice, as determined by the commission pursuant to Section 25511, and any conditions, modifications, or criteria proposed for any site and related facility proposal resulting from the findings and conclusions. (f) Findings and conclusions as to whether increased property taxes due to the construction of the project are sufficient to support needed local improvements and public services required to serve the project. (Amended by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 4. Effective May 22, 2001.)
  158. 25514.3.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    When the commission specifies modifications, conditions, or criteria for certain sites and related facilities, it must request comments and recommendations from 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 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25514.3. In specifying any modifications, conditions, or criteria pursuant to Section 25514, for sites and related facilities requiring a certificate of public convenience and necessity, the commission shall request the comments and recommendations of the Public Utilities Commission on the economic, financial, rate, system reliability, and service implications of such modifications, conditions, or criteria. (Added by Stats. 1974, Ch. 276.)
  159. 25514.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    When the commission evaluates a site for future power-generating capacity, it must base conformity on only the initial facilities planned within the next 12 years and ignore later-added facilities.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25514.5. In considering the acceptability of a site proposed to accommodate ultimately additional power-generating capacity, the commission, in determining, pursuant to Sections 25514 and 25512, the conformity of the facilities proposed in the notice with the 12-year forecast of statewide and service area electric power demands adopted pursuant to subdivision (e) of Section 25305, shall base its determination only on such initial facilities as are proposed for operation within the forthcoming 12-year period. Additional facilities projected to be operating at the site at a time beyond the forthcoming 12-year period shall not be considered in the determination of conformity with the electric power demand forecast. (Amended by Stats. 1984, Ch. 1184, Sec. 10.)
  160. 25515.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    A hearing or hearings on the final report must begin within 30 days after the final report is distributed, and must end within 15 days after they begin.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25515. No later than 30 days after the final report is distributed, a hearing or hearings on the final report shall be commenced. Such hearings shall be concluded within 15 days of their commencement. (Amended by Stats. 1978, Ch. 1013.)
  161. 25516.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    The commission may approve a notice only when the required site findings are made, and in some cases it may approve based on one acceptable site or require a new notice.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25516. The approval of the notice by the commission shall be based upon findings pursuant to Section 25514. The notice shall not be approved unless the commission finds at least two alternative site and related facility proposals considered in the commission’s final report as acceptable. If the commission does not find at least two sites and related facilities acceptable, additional sites and related facilities may be proposed by the applicant which shall be considered in the same manner as those proposed in the original notice. If the commission finds that a good faith effort has been made by the person submitting the notice to find an acceptable alternative site and related facility and that there is only one acceptable site and related facility among those submitted, the commission may approve the notice based on the one site and related facility. If a notice is approved based on one site and related facility, the commission may require a new notice to be filed to identify acceptable alternative sites and related facilities for the one site and related facility approved unless suitable alternative sites and related facilities have been approved by the commission in previous notice of intention proceedings. If the commission finds that additional electric generating capacity is needed to accommodate the electric power demand forecast pursuant to subdivision (e) of Section 25305 and, after the commission finds that a good faith effort was made by the person submitting the notice to propose an acceptable site and related facility, it fails to find any proposed site and related facility to be acceptable, the commission shall designate, at the request of and at the expense of the person submitting the notice, a feasible site and related facility for providing the needed electric generating capacity. (Amended by Stats. 1984, Ch. 1184, Sec. 11.)
  162. 25516.1.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    An application for certification may not be filed for certain acceptable sites in specified coastal or bay-related areas unless the commission makes a greater-relative-merit determination.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25516.1. If a site and related facility found to be acceptable by the commission pursuant to Section 25516 is located in the coastal zone, the Suisun Marsh, or the jurisdiction of the San Francisco Bay Conservation and Development Commission, no application for certification may be filed pursuant to Section 25519 unless the commission has determined, pursuant to Section 25514, that such site and related facility have greater relative merit than available alternative sites and related facilities for an applicant’s service area which have been determined to be acceptable by the commission pursuant to Section 25516. (Amended by Stats. 1977, Ch. 1155.)
  163. 25516.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    The commission may approve an expanded-site notice in part or in full, set the maximum additional capacity, and add conditions for future facilities.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25516.5. On a notice which proposes an expanded ultimate electric generating capacity for a site, the commission may, based upon findings pursuant to Section 25514, either approve the notice only for the initial facility or facilities proposed for operation within the forthcoming 12-year period or may approve the notice for the initial facility or facilities and find the site acceptable for additional generating capacity of the type tentatively proposed. The maximum allowable amount and type of such additional capacity shall be determined by the commission. If a notice is approved which includes a finding that a particular site is suitable to accommodate a particular additional generating capacity, the site shall be designated a potential multiple-facility site. The commission may, in determining the acceptability of a potential multiple-facility site, specify conditions or criteria necessary to insure that future additional facilities will not exceed the limitations of the site. (Amended by Stats. 1978, Ch. 1013.)
  164. 25516.6.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    The commission must decide on the notice within 12 months, check whether it is complete within 45 days, and if incomplete, identify what is missing and how to complete it.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25516.6. (a) Except as otherwise expressly provided in this division, the commission shall issue its written decision on the notice not later than 12 months after the notice is filed, or at any later time as is mutually agreed upon by the commission and the applicant. (b) The commission shall determine, within 45 days after it receives the notice, whether the notice is complete. If the commission determines that the notice is complete, the notice shall be deemed filed for the purpose of this section on the date that this determination is made. If the commission determines that the notice is incomplete, the commission shall specify, in writing, those parts of the notice which are incomplete and shall indicate the manner in which it can be made complete. If the applicant submits additional data to complete the notice, the commission shall determine, within 30 days after receipt of that data, whether the data is sufficient to make the notice complete. The notice shall be deemed filed on the date the commission determines the notice is complete if the commission has adopted regulations specifying the informational requirements for a complete notice, but if the commission has not adopted regulations, the notice shall be deemed filed on the last date the commission receives any additional data that completes the notice. (Amended by Stats. 1987, Ch. 335, Sec. 1.)
  165. 25517.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    An electric utility may not start constructing a thermal powerplant or electric transmission line unless it first gets the required certification, except as Section 25501 allows.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25517. Except as provided in Section 25501, no construction of any thermal powerplant or electric transmission line shall be commenced by any electric utility without first obtaining certification as prescribed in this division. Any onsite improvements not qualifying as construction may be required to be restored as determined by the commission to be necessary to protect the environment, if certification is denied. (Amended by Stats. 1994, Ch. 1145, Sec. 14. Effective January 1, 1995.)
  166. 25518.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    The Public Utilities Commission may not issue a certificate of public convenience and necessity for a site or related electrical facilities unless the utility has first obtained a certificate from the commission.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25518. The Public Utilities Commission shall issue no certificate of public convenience and necessity for a site or related electrical facilities unless the utility has obtained a certificate from the commission. (Amended by Stats. 1994, Ch. 1145, Sec. 15. Effective January 1, 1995.)
  167. 25518.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    This section says the division does not stop someone from starting an application for a certificate of public convenience and necessity at the same time, if Section 25518’s condition is met.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25518.5. Nothing in this division shall preclude the concurrent initiation of an application for a certificate of public convenience and necessity from the Public Utilities Commission subject to the condition specified in Section 25518. (Added by Stats. 1974, Ch. 276.)
  168. 25519.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    To seek site certification, the applicant must file an application with the commission, and the commission and other agencies must review, comment, or receive copies in several specified situations.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25519. (a) To obtain certification for a site and related facility, an application for certification of the site and related facility shall be filed with the commission. The application shall be in a form prescribed by the commission and shall be for a site and related facility that has been found to be acceptable by the commission pursuant to Section 25516, or for an additional facility at a site that has been designated a potential multiple-facility site pursuant to Section 25514.5 and found to be acceptable pursuant to Sections 25516 and 25516.5. An application for an additional facility at a potential multiple-facility site shall be subject to the conditions and review specified in Section 25520.5. An application may not be filed for a site and related facility, if there is no suitable alternative for the site and related facility that was previously found to be acceptable by the commission, unless the commission has approved the notice based on the one site as specified in Section 25516. (b) Notwithstanding any other provision of this section, the commission, upon its own motion or in response to the request of any party, may require the applicant to submit any information, document, or data that it determines is reasonably necessary to make any decision on the application. (c) The commission shall be the lead agency as provided in Section 21165 for all projects that require certification pursuant to this chapter and for projects that are exempted from such certification pursuant to Section 25541. Unless the commission’s regulatory program governing site and facility certification and related proceedings are certified by the Natural Resources Agency pursuant to Section 21080.5, an environmental impact report shall be completed within one year after receipt of the application. If the commission prepares a document or documents in the place of an environmental impact report or negative declaration under a regulatory program certified pursuant to Section 21080.5, any other public agency that must make a decision that is subject to the California Environmental Quality Act, Division 13 (commencing with Section 21000), on a site or related facility, shall use the document or documents prepared by the commission in the same manner as they would use an environmental impact report or negative declaration prepared by a lead agency. (d) If the site and related facility specified in the application is proposed to be located in the coastal zone, the commission shall transmit a copy of the application to the California Coastal Commission for its review and comments. (e) If the site and related facility specified in the application is proposed to be located in the Suisun Marsh or the jurisdiction of the San Francisco Bay Conservation and Development Commission, the commission shall transmit a copy of the application to the San Francisco Bay Conservation and Development Commission for its review and comments. (f) Upon receipt of an application, the commission shall forward the application to local governmental agencies having land use and related jurisdiction in the area of the proposed site and related facility. Those local agencies shall review the application and submit comments on, among other things, the design of the facility, architectural and aesthetic features of the facility, access to highways, landscaping and grading, public use of lands in the area of the facility, and other appropriate aspects of the design, construction, or operation of the proposed site and related facility. (g) Upon receipt of an application, the commission shall cause a summary of the application to be published in a newspaper of general circulation in the county in which the site and related facilities, or any part thereof, designated in the application, is proposed to be located. The commission shall transmit a copy of the application to each federal and state agency having jurisdiction or special interest in matters pertinent to the proposed site and related facilities and to the Attorney General. (h) Local and state agencies having jurisdiction or special interest in matters pertinent to the proposed site and related facilities shall provide their comments and recommendations on the project within 180 days of the date of filing of an application. (i) The public advisor shall require that adequate notice is given to the public and that the procedures specified by this division are complied with. (j) For any proposed site and related facility requiring a certificate of public convenience and necessity, the commission shall transmit a copy of the application to the Public Utilities Commission and request the comments and recommendations of the Public Utilities Commission on the economic, financial, rate, system reliability, and service implications of the proposed site and related facility. If the commission requires modification of the proposed facility, the commission shall consult with the Public Utilities Commission regarding the economic, financial, rate, system reliability, and service implications of those modifications. (k) The commission shall transmit a copy of the application to any governmental agency not specifically mentioned in this act, but which it finds has any information or interest in the proposed site and related facilities, and shall invite the comments and recommendations of each agency. The commission shall request any relevant laws, ordinances, or regulations that an agency has promulgated or administered. (l) An application for certification of any site and related facilities shall contain a listing of every federal agency from which any approval or authorization concerning the proposed site is required, specifying the approvals or authorizations obtained at the time of the application and the schedule for obtaining any approvals or authorizations pending. (Amended by Stats. 2024, Ch. 353, Sec. 24. (AB 1533) Effective January 1, 2025.)
  169. 25519.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    If a proposed project is near certain military-related areas, the applicant must notify the U.S. Department of Defense and provide consultation information in the application when available.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25519.5. (a) If the site and related facilities specified in the application are proposed to be located within 1,000 feet of a military installation, or lie within special use airspace or beneath a low-level flight path, as defined in Section 21098, the applicant shall inform the United States Department of Defense of the proposed project and that an application will be filed with the commission. (b) If provided by the United States Department of Defense, the applicant shall include within the application a description of its consultation with the department, with regard to potential impacts upon national security, including potential impacts on the land, sea, and airspace identified by the United States Department of Defense and its impacted service components, for conducting operations and training, or for the research, development, testing, and evaluation of weapons, sensors, and tactics. If the information is provided after the application is filed, the applicant shall forward the information upon receipt. (Added by Stats. 2011, 1st Ex. Sess., Ch. 1, Sec. 3. (SB 2 1x) Effective December 10, 2011.)
  170. 25520.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    An application for facility certification must include specified design, safety, site, cost, fuel, and transmission-line information, plus any additional information the commission may require by regulation.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25520. The application shall contain all of the following information and any other information that the commission by regulation may require: (a) A detailed description of the design, construction, and operation of the proposed facility. (b) Safety and reliability information, including, in addition to documentation previously provided pursuant to Section 25511, planned provisions for emergency operations and shutdowns. (c) Available site information, including maps and descriptions of present and proposed development and, as appropriate, geological, aesthetic, ecological, seismic, water supply, population, and load center data, and justification for the particular site proposed. (d) Any other information relating to the design, operation, and siting of the facility that the commission may specify. (e) A description of the facility, the cost of the facility, the fuel to be used, the source of fuel, fuel cost, plant service life and capacity factor, and generating cost per kilowatthour. (f) A description of any electric transmission lines, including the estimated cost of the proposed electric transmission line; a map in suitable scale of the proposed routing showing details of the rights-of-way in the vicinity of settled areas, parks, recreational areas, and scenic areas, and existing transmission lines within one mile of the proposed route; justification for the route, and a preliminary description of the effect of the proposed electric transmission line on the environment, ecology, and scenic, historic, and recreational values. (Amended by Stats. 1999, Ch. 581, Sec. 6. Effective January 1, 2000.)
  171. 25520.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    The commission must reconsider prior site findings and decide on an application for an additional facility at a potential multiple-facility site within the stated deadlines.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25520.5. (a) In reviewing an application for an additional facility at a potential multiple-facility site, the commission shall undertake a reconsideration of its prior determinations in the final report on the notice for the site issued pursuant to Section 25514, based on current conditions and other reasonable and feasible alternatives to the proposed facility. (b) Within 180 days of the filing of the application for an additional facility at a potential multiple-facility site and after adequate public hearings, the commission shall issue its decision on the acceptability of the proposed facility based on the reconsideration specified in subdivision (a) of this section. A negative determination shall be the final decision of the commission on the application and subject to judicial review pursuant to Section 25531. An affirmative determination shall not be a final decision of the commission on the application. (c) The decision of the commission on an application for an additional facility at a potential multiple-facility site receiving a favorable determination pursuant to subdivision (b) of this section shall be issued within 24 months after the filing of the application or at such later time as is mutually agreed upon by the commission and the applicant. (Added by Stats. 1974, Ch. 276.)
  172. 25521.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    The commission must start public hearings on an application within a stated 90-to-240-day window after filing, and it may also hold hearings in the county where the project is located.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25521. No earlier than 90 nor later than 240 days after the date of the filing of an application, the commission shall commence a public hearing or hearings on the application in Sacramento, San Francisco, Los Angeles, or San Diego, whichever city is nearest the proposed site. Additionally, the commission may hold a hearing or hearings in the county in which the proposed site and related facilities are to be located. The commission hearings shall provide a reasonable opportunity for the public and all parties to the proceeding to comment upon the application and the commission staff assessment and shall provide the equivalent opportunity for comment as required pursuant to Division 13 (commencing with Section 21000). Consistent with the requirements of this section, the commission shall have the discretion to determine whether or not a hearing is to be conducted in a manner that requires formal examination of witnesses or that uses other similar adjudicatory procedures. (Amended by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 6. Effective May 22, 2001.)
  173. 25522.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    The commission must decide power facility certification applications on a timeline and must check whether each application is complete.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25522. (a) Except as provided in subdivision (c) of Section 25520.5, within 18 months of the filing of an application for certification, or within 12 months if it is filed within one year of the commission’s approval of the notice of intent, or at any later time as is mutually agreed by the commission and the applicant, the commission shall issue a written decision as to the application. (b) The commission shall determine, within 45 days after it receives the application, whether the application is complete. If the commission determines that the application is complete, the application shall be deemed filed for purposes of this section on the date that this determination is made. If the commission determines that the application is incomplete, the commission shall specify in writing those parts of the application which are incomplete and shall indicate the manner in which it can be made complete. If the applicant submits additional data to complete the application, the commission shall determine, within 30 days after receipt of that data, whether the data is sufficient to make the application complete. The application shall be deemed filed on the date when the commission determines the application is complete if the commission has adopted regulations specifying the informational requirements for a complete application, but if the commission has not adopted regulations, the application shall be deemed filed on the last date the commission receives any additional data that completes the application. (Amended by Stats. 1987, Ch. 335, Sec. 2.)
  174. 25523.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    The commission must issue a written decision after the public hearing and include required findings, conditions, and project provisions.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25523. The commission shall prepare a written decision after the public hearing on an application, which includes all of the following: (a) Specific provisions relating to the manner in which the proposed facility is to be designed, sited, and operated in order to protect environmental quality and assure public health and safety. (b) In the case of a site to be located in the coastal zone, specific provisions to meet the objectives of Division 20 (commencing with Section 30000) as may be specified in the report submitted by the California Coastal Commission pursuant to subdivision (d) of Section 30413, unless the commission specifically finds that the adoption of the provisions specified in the report would result in greater adverse effect on the environment or that the provisions proposed in the report would not be feasible. (c) In the case of a site to be located in the Suisun Marsh or in the jurisdiction of the San Francisco Bay Conservation and Development Commission, specific provisions to meet the requirements of Division 19 (commencing with Section 29000) of this code or Title 7.2 (commencing with Section 66600) of the Government Code as may be specified in the report submitted by the San Francisco Bay Conservation and Development Commission pursuant to subdivision (d) of Section 66645 of the Government Code, unless the commission specifically finds that the adoption of the provisions specified in the report would result in greater adverse effect on the environment or the provisions proposed in the report would not be feasible. (d) (1) Findings regarding the conformity of the proposed site and related facilities with standards adopted by the commission pursuant to Section 25216.3 and subdivision (d) of Section 25402, with public safety standards and the applicable air and water quality standards, and with other applicable local, regional, state, and federal standards, ordinances, or laws. If the commission finds that there is noncompliance with a state, local, or regional ordinance or regulation in the application, it shall consult and meet with the state, local, or regional governmental agency concerned to attempt to correct or eliminate the noncompliance. If the noncompliance cannot be corrected or eliminated, the commission shall inform the state, local, or regional governmental agency if it makes the findings required by Section 25525. (2) The commission may not find that the proposed facility conforms with applicable air quality standards pursuant to paragraph (1) unless the applicable air pollution control district or air quality management district certifies, prior to the licensing of the project by the commission, that complete emissions offsets for the proposed facility have been identified and will be obtained by the applicant within the time required by the district’s rules or unless the applicable air pollution control district or air quality management district certifies that the applicant requires emissions offsets to be obtained prior to the commencement of operation consistent with Section 42314.3 of the Health and Safety Code and prior to commencement of the operation of the proposed facility. The commission shall require as a condition of certification that the applicant obtain any required emission offsets within the time required by the applicable district rules, consistent with any applicable federal and state laws and regulations, and prior to the commencement of the operation of the proposed facility. (e) Provision for restoring the site as necessary to protect the environment, if the commission denies approval of the application. (f) In the case of a site and related facility using resource recovery (waste-to-energy) technology, specific conditions requiring that the facility be monitored to ensure compliance with paragraphs (1), (2), (3), and (6) of subdivision (a) of Section 42315 of the Health and Safety Code. (g) In the case of a facility, other than a resource recovery facility subject to subdivision (f), specific conditions requiring the facility to be monitored to ensure compliance with toxic air contaminant control measures adopted by an air pollution control district or air quality management district pursuant to subdivision (d) of Section 39666 or Section 41700 of the Health and Safety Code, whether the measures were adopted before or after issuance of a determination of compliance by the district. (h) A discussion of any public benefits from the project including, but not limited to, economic benefits, environmental benefits, and electricity reliability benefits. (Amended by Stats. 2003, Ch. 733, Sec. 2. Effective January 1, 2004.)
  175. 25524.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    The commission must set up a process that lets a qualified applicant choose to pay extra fees for third-party help with certification analysis, and those fees must be used only for that applicant’s certification analysis.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25524. (a) “Qualified applicant” for purposes of this section means an applicant for certification of an eligible renewable energy resource, as defined in the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code). (b) The commission shall establish a process to allow a qualified applicant to elect to pay additional fees to be used by the commission to contract with a third party, or more than one third party, to assist commission staff in performing the analysis otherwise performed by commission staff in determining whether or not to issue a certification. The commission shall retain discretion as to when this option will be offered to a qualified applicant. (c) The amount of the fees charged by the commission pursuant to this section shall be conditioned upon the qualified applicant agreeing to that amount and electing to proceed with the retention of the third party or parties pursuant to subdivision (b). (d) All fees paid by a qualified applicant shall be used exclusively for analysis of that applicant’s application for certification. (Amended by Stats. 2011, 1st Ex. Sess., Ch. 10, Sec. 4. (AB 13 1x) Effective December 10, 2011.)
  176. 25524.1.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    The commission cannot certify or allow land use for nuclear fission thermal powerplants that require fuel-rod reprocessing until the listed findings and reporting steps are completed, with narrow exceptions for specified existing units and vested rights.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25524.1. (a) Except for the existing Diablo Canyon Units 1 and 2 owned by Pacific Gas and Electric Company and San Onofre Units 2 and 3 owned by Southern California Edison Company and San Diego Gas and Electric Company, no nuclear fission thermal powerplant requiring the reprocessing of fuel rods, including any to which this chapter does not otherwise apply, excepting any having a vested right as defined in this section, shall be permitted land use in the state or, where applicable, certified by the commission until both of the following conditions are met: (1) The commission finds that the United States through its authorized agency has identified and approved, and there exists a technology for the construction and operation of, nuclear fuel rod reprocessing plants. (2) The commission has reported its findings and the reasons therefor pursuant to paragraph (1) to the Legislature. That report shall be assigned to the appropriate policy committees for review. The commission may proceed to certify nuclear fission thermal powerplants 100 legislative days after reporting its findings unless within those 100 legislative days either house of the Legislature adopts by a majority vote of its members a resolution disaffirming the findings of the commission made pursuant to paragraph (1). (3) A resolution of disaffirmance shall set forth the reasons for the action and shall provide, to the extent possible, guidance to the commission as to an appropriate method of bringing the commission’s findings into conformance with paragraph (1). (4) If a disaffirming resolution is adopted, the commission shall reexamine its original findings consistent with matters raised in the resolution. On conclusion of its reexamination, the commission shall transmit its findings in writing, with the reasons therefor, to the Legislature. (5) If the findings are that the conditions of paragraph (1) have been met, the commission may proceed to certify nuclear fission thermal powerplants 100 legislative days after reporting its findings to the Legislature unless within those 100 legislative days both houses of the Legislature act by statute to declare the findings null and void and takes appropriate action. (6) To allow sufficient time for the Legislature to act, the reports of findings of the commission shall be submitted to the Legislature at least six calendar months prior to the adjournment of the Legislature sine die. (b) The commission shall further find on a case-by-case basis that facilities with adequate capacity to reprocess nuclear fuel rods from a certified nuclear facility or to store that fuel if that storage is approved by an authorized agency of the United States are in actual operation or will be in operation at the time that the nuclear facility requires reprocessing or storage; provided, however, that the storage of fuel is in an offsite location to the extent necessary to provide continuous onsite full core reserve storage capacity. (c) The commission shall continue to receive and process notices of intention and applications for certification pursuant to this division, but shall not issue a decision pursuant to Section 25523 granting a certificate until the requirements of this section have been met. All other permits, licenses, approvals, or authorizations for the entry or use of the land, including orders of court, which may be required may be processed and granted by the governmental entity concerned, but construction work to install permanent equipment or structures shall not commence until the requirements of this section have been met. (Amended by Stats. 1994, Ch. 1145, Sec. 16. Effective January 1, 1995.)
  177. 25524.2.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    This section bars nuclear fission thermal powerplants from being permitted land use, or certified where applicable, until the stated waste-disposal findings and legislative conditions are met, with listed unit-specific exceptions.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25524.2. Except for the existing Diablo Canyon Units 1 and 2 owned by Pacific Gas and Electric Company and San Onofre Units 2 and 3 owned by Southern California Edison Company and San Diego Gas and Electric Company, no nuclear fission thermal powerplant, including any to which this chapter does not otherwise apply, but excepting those exempted herein, shall be permitted land use in the state, or where applicable, be certified by the commission until both of the following conditions have been met: (a) The commission finds that there has been developed and that the United States through its authorized agency has approved and there exists a demonstrated technology or means for the disposal of high-level nuclear waste. (b) (1) The commission has reported its findings and the reasons therefor pursuant to paragraph (a) to the Legislature. That report shall be assigned to the appropriate policy committees for review. The commission may proceed to certify nuclear fission thermal powerplants 100 legislative days after reporting its findings unless within those 100 legislative days either house of the Legislature adopts by a majority vote of its members a resolution disaffirming the findings of the commission made pursuant to subdivision (a). (2) A resolution of disaffirmance shall set forth the reasons for the action and shall provide, to the extent possible, guidance to the commission as to an appropriate method of bringing the commission’s findings into conformance with subdivision (a). (3) If a disaffirming resolution is adopted, the commission shall reexamine its original findings consistent with matters raised in the resolution. On conclusion of its reexamination, the commission shall transmit its findings in writing, with the reasons therefor, to the Legislature. (4) If the findings are that the conditions of subdivision (a) have been met, the commission may proceed to certify nuclear fission thermal powerplants 100 legislative days after reporting its findings to the Legislature unless within those 100 legislative days both houses of the Legislature act by statute to declare the findings null and void and take appropriate action. (5) To allow sufficient time for the Legislature to act, the reports of findings of the commission shall be submitted to the Legislature at least six calendar months prior to the adjournment of the Legislature sine die. (c) As used in subdivision (a), “technology or means for the disposal of high-level nuclear waste” means a method for the permanent and terminal disposition of high-level nuclear waste. Nothing in this section requires that facilities for the application of that technology or means be available at the time that the commission makes its findings. That disposition of high-level nuclear waste does not preclude the possibility of an approved process for retrieval of the waste. (d) The commission shall continue to receive and process notices of intention and applications for certification pursuant to this division but shall not issue a decision pursuant to Section 25523 granting a certificate until the requirements of this section have been met. All other permits, licenses, approvals, or authorizations for the entry or use of the land, including orders of court, which may be required may be processed and granted by the governmental entity concerned, but construction work to install permanent equipment or structures shall not commence until the requirements of this section have been met. (Amended by Stats. 1994, Ch. 1145, Sec. 17. Effective January 1, 1995.)
  178. 25524.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    The commission must not certify a facility that would add generating capacity above the maximum allowable capacity for a potential multiple-facility site, unless it finds the excess capacity will not create additional adverse environmental, technological, seismic, or similar difficulties.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25524.5. The commission shall not certify any facility which adds generating capacity to a potential multiple-facility site in excess of the maximum allowable capacity established by the commission pursuant to Section 25516.5, unless the commission finds that exceeding the maximum allowable capacity will not increase adverse environmental impacts or create technological, seismic, or other difficulties beyond those already found acceptable in the commission’s findings on the notice for that site pursuant to Sections 25516 and 25516.5. (Added by Stats. 1974, Ch. 276.)
  179. 25525.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    The commission may not certify a facility that fails applicable standards unless it finds the facility is needed for public convenience and necessity and there is no more prudent and feasible alternative.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25525. The commission may not certify a facility contained in the application when it finds, pursuant to subdivision (d) of Section 25523, that the facility does not conform with any applicable state, local, or regional standards, ordinances, or laws, unless the commission determines that the facility is required for public convenience and necessity and that there are not more prudent and feasible means of achieving public convenience and necessity. In making the determination, the commission shall consider the entire record of the proceeding, including, but not limited to, the impacts of the facility on the environment, consumer benefits, and electric system reliability. The commission may not make a finding in conflict with applicable federal law or regulation. The basis for these findings shall be reduced to writing and submitted as part of the record pursuant to Section 25523. (Amended by Stats. 2003, Ch. 733, Sec. 3. Effective January 1, 2004.)
  180. 25526.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    The commission may not approve a facility site in certain coastal or Bay Commission-designated locations unless the relevant commission finds the use is consistent with the land’s primary uses, has no substantial adverse environmental effects, and the owning or controlling public agency approves.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25526. (a) The commission shall not approve as a site for a facility any location designated by the California Coastal Commission pursuant to subdivision (b) of Section 30413, unless the California Coastal Commission first finds that such use is not inconsistent with the primary uses of such land and that there will be no substantial adverse environmental effects and unless the approval of any public agency having ownership or control of such land is obtained. (b) The commission shall not approve as a site for a facility any location designated by the San Francisco Bay Conservation and Development Commission pursuant to subdivision (b) of Section 66645 of the Government Code unless the San Francisco Bay Conservation and Development Commission first finds that such use is not inconsistent with the primary uses of such land and that there will be no substantial adverse environmental effects and unless the approval of any public agency having ownership or control of such land is obtained. (Amended by Stats. 1977, Ch. 1155.)
  181. 25527.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    The commission generally may not approve certain sensitive state lands as facility sites unless specific findings and another public agency’s approval are obtained.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25527. The following areas of the state shall not be approved as a site for a facility, unless the commission finds that such use is not inconsistent with the primary uses of such lands and that there will be no substantial adverse environmental effects and the approval of any public agency having ownership or control of such lands is obtained: (a) State, regional, county and city parks; wilderness, scenic or natural reserves; areas for wildlife protection, recreation, historic preservation; or natural preservation areas in existence on the effective date of this division. (b) Estuaries in an essentially natural and undeveloped state. In considering applications for certification, the commission shall give the greatest consideration to the need for protecting areas of critical environmental concern, including, but not limited to, unique and irreplaceable scientific, scenic, and educational wildlife habitats; unique historical, archaelogical, and cultural sites; lands of hazardous concern; and areas under consideration by the state or the United States for wilderness, or wildlife and game reserves. (Added by Stats. 1974, Ch. 276.)
  182. 25528.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    The commission can require a certification applicant to obtain development rights to limit certain development near a proposed site, and it must approve or waive those requirements in specified cases.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25528. (a) The commission shall require, as a condition of certification of any site and related facility, that the applicant acquire, by grant or contract, the right to prohibit development of privately owned lands in the area of the proposed site which will result in population densities in excess of the maximum population densities which the commission determines, as to the factors considered by the commission pursuant to Section 25511, are necessary to protect public health and safety. If the applicant is authorized to exercise the right of eminent domain under Article 7 (commencing with Section 610) of Chapter 3 of Part 1 of Division 1 of the Public Utilities Code, the applicant may exercise the right of eminent domain to acquire such development rights as the commission requires be acquired. (b) In the case of an application for a nuclear facility, the area and population density necessary to insure the public’s health and safety designated by the commission shall be that as determined from time to time by the United States Nuclear Regulatory Commission, if the commission finds that such determination is sufficiently definitive for valid land use planning requirements. (c) The commission shall waive the requirements of the acquisition of development rights by an applicant to the extent that the commission finds that existing governmental land use restrictions are of a type necessary and sufficient to guarantee the maintenance of population levels and land use development over the lifetime of the facility which will insure the public health and safety requirements set pursuant to this section. (d) No change in governmental land use restrictions in such areas designated in subdivision (c) of this section by any government agency shall be effective until approved by the commission. Such approval shall certify that the change in land use restrictions is not in conflict with requirements provided for by this section. (e) It is not the intent of the Legislature by the enactment of this section to take private property for public use without payment of just compensation in violation of the United States Constitution or the Constitution of California. (Amended by Stats. 1977, Ch. 1114.)
  183. 25529.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    The commission must require public-use areas and coastal setbacks as conditions of facility certification, and the applicant must acquire, maintain, and open the public-use area for public access subject to security and safety restrictions.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25529. When a facility is proposed to be located in the coastal zone or any other area with recreational, scenic, or historic value, the commission shall require, as a condition of certification of any facility contained in the application, that an area be established for public use, as determined by the commission. Lands within such area shall be acquired and maintained by the applicant and shall be available for public access and use, subject to restrictions required for security and public safety. The applicant may dedicate such public use zone to any local agency agreeing to operate or maintain it for the benefit of the public. If no local agency agrees to operate or maintain the public use zone for the benefit of the public, the applicant may dedicate such zone to the state. The commission shall also require that any facility to be located along the coast or shoreline of any major body of water be set back from the shoreline to permit reasonable public use and to protect scenic and aesthetic values. (Added by Stats. 1974, Ch. 276.)
  184. 25530.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    The commission may reconsider all or part of a decision or order, including on its own motion or after a party’s petition, subject to 30-day filing and action deadlines.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25530. The commission may order a reconsideration of all or part of a decision or order on its own motion or on petition of any party. Any such petition shall be filed within 30 days after adoption by the commission of a decision or order. The commission shall not order a reconsideration on its own motion more than 30 days after it has adopted a decison or order. The commission shall order or deny reconsideration on a petition therefor within 30 days after the petition is filed. A decision or order may be reconsidered by the commission on the basis of all pertinent portions of the record together with such argument as the commission may permit, or the commission may hold a further hearing, after notice to all interested persons. A decision or order of the commission on reconsideration shall have the same force and effect as an original order or decision. (Added by Stats. 1974, Ch. 276.)
  185. 25531.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    Commission decisions on site and related facility certification can be reviewed in court, but review is limited and state courts cannot hear related matters already decided by the commission except to enforce its decisions.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25531. (a) The decisions of the commission on any application for certification of a site and related facility are subject to judicial review by the Supreme Court of California. (b) No new or additional evidence may be introduced upon review and the cause shall be heard on the record of the commission as certified to by it. The review shall not be extended further than to determine whether the commission has regularly pursued its authority, including a determination of whether the order or decision under review violates any right of the petitioner under the United States Constitution or the California Constitution. The findings and conclusions of the commission on questions of fact are final and are not subject to review, except as provided in this article. These questions of fact shall include ultimate facts and the findings and conclusions of the commission. A report prepared by, or an approval of, the commission pursuant to Section 25510, 25514, 25516, or 25516.5, or subdivision (b) of Section 25520.5, shall not constitute a decision of the commission subject to judicial review. (c) Subject to the right of judicial review of decisions of the commission, no court in this state has jurisdiction to hear or determine any case or controversy concerning any matter which was, or could have been, determined in a proceeding before the commission, or to stop or delay the construction or operation of any thermal powerplant except to enforce compliance with the provisions of a decision of the commission. (d) Notwithstanding Section 1250.370 of the Code of Civil Procedure: (1) If the commission requires, pursuant to subdivision (a) of Section 25528, as a condition of certification of any site and related facility, that the applicant acquire development rights, that requirement conclusively establishes the matters referred to in Sections 1240.030 and 1240.220 of the Code of Civil Procedure in any eminent domain proceeding brought by the applicant to acquire the development rights. (2) If the commission certifies any site and related facility, that certification conclusively establishes the matters referred to in Sections 1240.030 and 1240.220 of the Code of Civil Procedure in any eminent domain proceeding brought to acquire the site and related facility. (e) No decision of the commission pursuant to Section 25516, 25522, or 25523 shall be found to mandate a specific supply plan for any utility as prohibited by Section 25323. (Amended by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 8. Effective May 22, 2001.)
  186. 25532.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    The commission must set up a monitoring system for certified facilities and seek help from specified agencies when designing and operating it.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25532. The commission shall establish a monitoring system to assure that any facility certified under this division is constructed and is operating in compliance with air and water quality, public health and safety, and other applicable regulations, guidelines, and conditions adopted or established by the commission or specified in the written decision on the application. In designing and operating the monitoring system, the commission shall seek the cooperation and assistance of the State Air Resources Board, the State Water Resources Control Board, the Department of Health, and other state, regional, and local agencies which have an interest in environmental control. (Added by Stats. 1974, Ch. 276.)
  187. 25534.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    The commission can amend or revoke a facility’s certification, set and approve project milestones, and impose civil penalties. Project owners must start construction and submit milestones on time unless an exception applies.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25534. (a) The commission may, after one or more hearings, amend the conditions of, or revoke the certification for, any facility for any of the following reasons: (1) Any material false statement set forth in the application, presented in proceedings of the commission, or included in supplemental documentation provided by the applicant. (2) Any significant failure to comply with the terms or conditions of approval of the application, as specified by the commission in its written decision. (3) A violation of this division or any regulation or order issued by the commission under this division. (4) The owner of a project does not start construction of the project within 12 months after the date all permits necessary for the project become final and all administrative and judicial appeals have been resolved provided the California Consumer Power and Conservation Financing Authority notifies the commission that it is willing and able to construct the project pursuant to subdivision (g). The project owner may extend the 12-month period by 24 additional months pursuant to subdivision (f). This paragraph applies only to projects with a project permit application deemed complete by the commission after January 1, 2003. (b) The commission may also administratively impose a civil penalty for a violation of paragraph (1) or (2) of subdivision (a). Any civil penalty shall be imposed in accordance with Section 25534.1 and may not exceed seventy-five thousand dollars ($75,000) per violation, except that the civil penalty may be increased by an amount not to exceed one thousand five hundred dollars ($1,500) per day for each day in which the violation occurs or persists, but the total of the per day penalties may not exceed fifty thousand dollars ($50,000). (c) A project owner shall commence construction of a project subject to the start-of-construction deadline provided by paragraph (4) of subdivision (a) within 12 months after the project has been certified by the commission and after all accompanying project permits are final and administrative and judicial appeals have been completed. The project owner shall submit construction and commercial operation milestones to the commission within 30 days after project certification. Construction milestones shall require the start of construction within the 12-month period established by this subdivision. The commission shall approve milestones within 60 days after project certification. If the 30-day deadline to submit construction milestones to the commission is not met, the commission shall establish milestones for the project. (d) The failure of the owner of a project subject to the start-of-construction deadline provided by paragraph (4) of subdivision (a) to meet construction or commercial operation milestones, without a finding by the commission of good cause, shall be cause for revocation of certification or the imposition of other penalties by the commission. (e) A finding by the commission that there is good cause for failure to meet the start-of-construction deadline required by paragraph (4) of subdivision (a) or any subsequent milestones of subdivision (c) shall be made if the commission determines that any of the following criteria are met: (1) The change in any deadline or milestone does not change the established deadline or milestone for the start of commercial operation. (2) The deadline or milestone is changed due to circumstances beyond the project owner’s control, including, but not limited to, administrative and legal appeals. (3) The deadline or milestone will be missed but the project owner demonstrates a good faith effort to meet the project deadline or milestone. (4) The deadline or milestone will be missed due to unforeseen natural disasters or acts of God that prevent timely completion of the project deadline or milestone. (5) The deadline or milestone will be missed for any other reason determined reasonable by the commission. (f) The commission shall extend the start-of-construction deadline required by paragraph (4) of subdivision (a) by an additional 24 months, if the owner reimburses the commission’s actual cost of licensing the project, less the amount paid pursuant to subdivision (a) of Section 25806. For the purposes of this section, the commission’s actual cost of licensing the project shall be based on a certified audit report filed by the commission staff within 180 days of the commission’s certification of the project. The certified audit shall be filed and served on all parties to the proceeding, is subject to public review and comment, and is subject to at least one public hearing if requested by the project owner. Any reimbursement received by the commission pursuant to this subdivision shall be deposited in the General Fund. (g) If the owner of a project subject to the start-of-construction deadline provided by paragraph (4) of subdivision (a) fails to commence construction, without good cause, within 12 months after the project has been certified by the commission and has not received an extension pursuant to subdivision (f), the commission shall provide immediate notice to the California Consumer Power and Conservation Financing Authority. The authority shall evaluate whether to pursue the project independently or in conjunction with any other public or private entity, including the original certificate holder. If the authority demonstrates to the commission that it is willing and able to construct the project either independently or in conjunction with any other public or private entity, including the original certificate holder, the commission may revoke the original certification and issue a new certification for the project to the authority, unless the authority’s statutory authorization to finance or approve new programs, enterprises, or projects has expired. If the authority declines to pursue the project, the permit shall remain with the current project owner until it expires pursuant to the regulations adopted by the commission. (h) If the commission issues a new certification for a project subject to the start-of-construction deadline provided by paragraph (4) of subdivision (a) to the authority, the commission shall adopt new milestones for the project that allow the authority up to 24 months to start construction of the project or to start to meet the applicable deadlines or milestones. If the authority fails to begin construction in conformity with the deadlines or milestones adopted by the commission, without good cause, the certification may be revoked. (i) (1) If the commission issues a new certification for a project subject to the start-of-construction deadline provided by paragraph (4) of subdivision (a) to the authority and the authority pursues the project without participation of the original certificate holder, the authority shall offer to reimburse the original certificate holder for the actual costs the original certificate holder incurred in permitting the project and in procuring assets associated with the license, including, but not limited to, major equipment and the emission offsets. In order to receive reimbursement, the original certificate holder shall provide to the commission documentation of the actual costs incurred in permitting the project. The commission shall validate those costs. The certificate holder may refuse to accept the offer of reimbursement for any asset associated with the license and retain the asset. To the extent the certificate holder chooses to accept the offer for an asset, it shall provide the authority with the asset. (2) If the authority reimburses the original certificate holder for the costs described in paragraph (1), the original certificate holder shall provide the authority with all of the assets for which the original certificate holder received reimbursement. (j) This section does not prevent a certificate holder from selling its license to construct and operate a project prior to its revocation by the commission. In the event of a sale to an entity that is not an affiliate of the certificate holder, the commission shall adopt new deadlines or milestones for the project that allow the new certificate holder up to 12 months to start construction of the project or to start to meet the applicable deadlines or milestones. (k) Paragraph (4) of subdivision (a) and subdivisions (c) to (j), inclusive, do not apply to licenses issued for the modernization, repowering, replacement, or refurbishment of existing facilities or to a qualifying small power production facility or a qualifying cogeneration facility within the meaning of Sections 201 and 210 of Title II of the federal Public Utility Regulatory Policies Act of 1978 (16 U.S.C. Secs. 796(17), 796(18), and 824a-3), and the regulations adopted pursuant to those sections by the Federal Energy Regulatory Commission (18 C.F.R. Parts 292.101 to 292.602, inclusive), nor shall those provisions apply to any other generation units installed, operated, and maintained at a customer site exclusively to serve that facility’s load. For the purposes of this subdivision, “replacement” of an existing facility includes, but is not limited to, a comparable project at a location different than the facility being replaced, provided that the commission certifies that the new project will result in the decommissioning of the existing facility. (l) Paragraph (4) of subdivision (a) and subdivisions (c) to (j), inclusive, do not apply to licenses issued to “local publicly owned electric utilities,” as defined in Section 224.3 of the Public Utilities Code, whose governing bodies certify to the commission that the project is needed to meet the projected native load of the local publicly owned utility. (m) To implement this section, the commission and the California Consumer Power and Conservation Financing Authority may, in consultation with each other, adopt emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For purposes of that chapter, including, without limitation, Section 11349.6 of the Government Code, the adoption of the regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health and safety, or general welfare. (Amended by Stats. 2008, Ch. 558, Sec. 3. Effective January 1, 2009.)
  188. 25534.1.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    This section lets the executive director issue a complaint for an administrative civil penalty, requires service and notice of a hearing, allows the complainant to waive the hearing, and lets the commission finalize penalty orders and set the penalty amount using listed factors.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25534.1. (a) The executive director of the commission may issue a complaint to any person or entity on whom an administrative civil penalty may be imposed pursuant to Section 25534. The complaint shall allege the act or failure to act for which the civil penalty is proposed, the provision of law authorizing civil liability, and the proposed civil penalty. (b) The complaint shall be served by personal notice or certified mail, and shall inform the party so served that a hearing will be conducted within 60 days after the party has been served. The hearing shall be before the commission. The complainant may waive the right to a hearing, in which case the commission shall not conduct a hearing. (c) After any hearing, the commission may adopt, with or without revision, the proposed decision and order of the executive director. (d) Orders setting an administrative civil penalty shall become effective and final upon issuance thereof, and any payment shall be made within 30 days. Copies of these orders shall be served by personal service or by registered mail upon the party served with the complaint and upon other persons who appeared at the hearing and requested a copy. (e) In determining the amount of the administrative civil penalty, the commission shall take into consideration the nature, circumstance, extent, and gravity of the violation or violations, whether the violation is susceptible to removal or resolution, the cost to the state in pursuing the enforcement action, and with respect to the violator, the ability to pay, the effect on ability to continue in business, any voluntary removal or resolution efforts undertaken, any prior history of violations, the degree of culpability, economic savings, if any, resulting from the violation, and such other matters as justice may require. (Added by Stats. 1987, Ch. 1079, Sec. 2.)
  189. 25534.2.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    An aggrieved party may seek superior court review within 30 days after service of an order under Section 25534.1. If no petition is filed in time, the order is generally not reviewable, though the commission may review it on its own motion. The Attorney General must sue, on the commission’s request, to collect administrative civil penalties, the court must prioritize that action, and recovered money goes to the General Fund.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25534.2. (a) Within 30 days after service of an order issued under Section 25534.1, any aggrieved party may file with the superior court a petition for writ of mandate for review thereof pursuant to Section 1094.5 of the Code of Civil Procedure. If no aggrieved party petition for a writ of mandate is filed within the time provided by this section, an order of the commission is not subject to review by any court or agency, except that the commission may grant review on its own motion of an order issued under Section 25534.1 after the expiration of the time limits set by this section. (b) Upon request of the commission, the Attorney General shall institute an action in the appropriate superior court to collect and recover any administrative civil penalties imposed pursuant to Section 25534.1. The court shall accord priority on its calendar to any action under this subdivision. (c) Any moneys recovered by the commission pursuant to this section shall be deposited in the General Fund. (Added by Stats. 1987, Ch. 1079, Sec. 3.)
  190. 25535.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    An applicant’s reasonable and direct costs incurred to comply with this chapter must be allowed for ratemaking purposes.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25535. Such reasonable and direct costs as the applicant incurs to comply with the provisions of this chapter shall be allowed for ratemaking purposes. (Amended by Stats. 1978, Ch. 1090.)
  191. 25537.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    If an application is approved, the commission must send certain study results and facility determinations to federal agencies.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25537. Upon approval of an application, the commission shall forward to the United States Nuclear Regulatory Commission, the Environmental Protection Agency, and to other appropriate federal agencies, the results of its studies including the environmental impact report on the facility, the written decision on the facility contained in the application, and the commission’s determination of facility safety and reliability as provided in Section 25511. (Amended by Stats. 1977, Ch. 1114.)
  192. 25538.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    The local agency may ask the commission for a fee or reimbursement for certain review and permit-fee costs, and the commission must reimburse added costs and provide a funding mechanism for those costs.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25538. Upon receiving the commission’s request for review under subdivision (f) of Section 25519 and Section 25506, the local agency may request a fee from the commission to reimburse the local agency for the actual and added costs of this review by the local agency. The commission shall reimburse the local agency for the added costs that shall be actually incurred by the local agency in complying with the commission’s request. The local agency may also request reimbursement for permit fees that the local agency would receive but for the operation of Section 25500, provided, however, that such fees may only be requested in accordance with actual services performed by the local agency. The commission shall either request a fee from the person proposing the project or devote a special fund in its budget, for the reimbursement of such costs incurred by local agencies. (Amended by Stats. 1981, Ch. 1028, Sec. 1.)
  193. 25539.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    The commission must adopt rules and regulations when reviewing notices and applications for certification of modifications of existing facilities.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25539. In reviewing notices and applications for certification of modifications of existing facilities, the commission shall adopt rules and regulations as necessary to insure that relevant duties pursuant to this division are carried out. (Added by Stats. 1974, Ch. 276.)
  194. 25540.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    For geothermal powerplant projects, the commission may not require three alternative sites in the notice, and it must issue findings and a final decision within nine months, unless otherwise provided or later agreed.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25540. If a person proposes to construct a geothermal powerplant and related facility or facilities on a site, the commission shall not require three alternative sites and related facilities to be proposed in the notice. Except as otherwise provided, the commission shall issue its findings on the notice, as specified in Section 25514, within nine months from the date of filing of such notice, and shall issue its final decision on the application, as specified in Section 25523, within nine months from the date of the filing of the application for certification, or at such later time as is mutually agreed to by the commission and the applicant or person submitting the notice or application. (Amended by Stats. 1979, Ch. 1091.)
  195. 25540.1.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    The commission must decide within 30 days whether a geothermal powerplant notice or application is complete, and if it is not, must say what is missing and how to fix it.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25540.1. The commission shall determine, within 30 days after the receipt of a notice or application for a geothermal powerplant, whether the notice or application is complete. If the notice or application is determined not to be complete, the commission’s determination shall specify, in writing, those parts of the notice or application which are incomplete and shall indicate the manner in which it can be made complete. Within 30 days after receipt of the applicant’s filing with the commission the additional information requested by the commission to make the notice or application complete, the commission shall determine whether the subsequent filing is sufficient to complete the notice or application. A notice or application shall be deemed filed for purposes of Section 25540 on the date the commission determines the notice or application is completed if the commission has adopted regulations specifying the informational requirements for a complete notice or application, but if the commission has not adopted regulations, the notice or application shall be deemed filed on the last date the commission receives any additional data that completes the notice or application. (Amended by Stats. 1987, Ch. 335, Sec. 3.)
  196. 25540.2.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    A geothermal powerplant applicant may be relieved from the Section 25502 notice requirement if the site can reasonably be shown to provide geothermal resources in commercial quantities; the commission must decide the application within 12 months after acceptance, unless a later time is mutually agreed, and must send the application to relevant state and local land-use agencies.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25540.2. Notwithstanding any other provision of law: (a) If an applicant proposes to construct a geothermal powerplant at a site which, at the outset of the proceeding, the applicant can reasonably demonstrate to be capable of providing geothermal resources in commercial quantities, no notice of intention pursuant to Section 25502 shall be required, and the commission shall issue the final decision on the application, as specified in Section 25523, within 12 months after acceptance of the application for certification of a geothermal powerplant and related facilities, or at such later time as is mutually agreed by the commission and the applicant. (b) Upon receipt of an application for certification of a geothermal powerplant and related facilities, the commission shall transmit a copy of the application to every state and local agency having jurisdiction over land use in the area involved. (Amended by Stats. 1979, Ch. 1091.)
  197. 25540.3.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    A geothermal powerplant applicant may propose a site for future extra generating capacity, and the application must include specified site and development information. The commission may approve only the initial facility, or approve it and accept the site for later added capacity, and may set conditions.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25540.3. (a) An applicant for a geothermal powerplant may propose a site to be approved that will accommodate a potential maximum electric generating capacity in excess of the capacity being proposed for initial construction. In addition to the information concerning the initial powerplant and related facilities proposed for construction required pursuant to Section 25520, such application shall include all of the following, to the extent known: (1) The number, type, and energy source of electric generating units which the site is proposed ultimately to accommodate and the maximum generating capacity for each unit. (2) The projected installation schedule for each unit. (3) The impact of the site, when fully developed, on the environment and public health and safety. (4) The amount and sources of cooling water needed at the fully developed site. (5) The general location and design of auxiliary facilities planned for each stage of development, including, but not limited to pipelines, transmission lines, waste storage and disposal facilites, switchyards, and cooling ponds, lakes, or towers. (6) Such other information relating to the design, operation, and siting of the facility as the commission may by regulation require. (b) If an application is filed pursuant to subdivision (a) which proposes a site to be approved which will accommodate a potential maximum electric generating capacity in excess of the capacity being proposed for initial construction, the commission may, in its decision pursuant to subdivision (a) of Section 25540.3, either certify only the initial facility or facilities proposed for initial construction or may certify the initial facility or facilities and find the site acceptable for additional generating capacity of the type tentatively proposed. The maximum allowable amount and type of such additional capacity shall be determined by the commission. If the decision includes a finding that a particular site is suitable to accommodate a particular additional generating capacity, the site shall be designated a potential multiple facility site. The commission may, in determining the acceptability of a potential multiple facility site, specify conditions or criteria necessary to ensure that future additional facilities will not exceed the limitations of the site. (Added by Stats. 1978, Ch. 1271.)
  198. 25540.4.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    The commission must issue its decision on an application for an additional facility at a potential multiple facility site within three months after acceptance, unless the commission and applicant agree to a later time.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25540.4. Notwithstanding any other provision of law: (a) The decision of the commission on an application for an additional facility at a potential multiple facility site shall be issued within three months after the acceptance of the application or at such later time as is mutually agreed upon by the commission and the applicant. (b) In reviewing an application for an additional facility at a potential multiple facility site, the commission may, upon a showing of good cause, undertake a reconsideration of its prior determinations in the final report for the site pursuant to Section 25514 or its decision pursuant to Section 25523 based on current conditions and other reasonable alternatives to the proposed facility. Such reconsideration must be completed within seven months after acceptance of such application for an additional facility. (c) The commission shall, pursuant to Section 21100.2, provide by resolution or order for completing and certifying the environmental impact report within the time limits established by subdivisions (a) and (b). (Added by Stats. 1978, Ch. 1271.)
  199. 25540.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    The commission may approve a county’s equivalent geothermal certification program, and may later revoke it after public hearings if it does not meet current requirements.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25540.5. The commission may, at the petition of a county which has adopted a geothermal element for its general plan, approve an equivalent certification program which delegates to that county full authority for the certification of all geothermal powerplants within such county. Once approved by the commission, the equivalent certification program shall replace and supersede the procedures for certification of all geothermal powerplants and related facilities, pursuant to Sections 25540 to 25540.4, inclusive, to be located within such county. The commission may, after public hearings, revoke the approved equivalent certification program of such county if the commission finds that the program does not comply with current commission certification requirements. The equivalent certification program shall include, but not be limited to, provisions for all of the following: (a) Certification of geothermal areas as potential multiple facility sites, if so applied for. (b) Processing of applications in less than 12 months. (c) Periodic review and updating of the program by the county as may be required by law and the commission. (d) Appeal procedures, including appeals to the commission on substantive issues. In any such appeal on a substantive issue, the commission shall determine whether the act or decision is supported by substantial evidence in the light of the whole record. The commission shall determine, within 15 days of receipt of an appeal, whether the appeal has merit and whether action should be taken. (e) Input and review by other relevant public agencies and members of the public. (f) Public hearing procedures equivalent to those specified in Article 6 (commencing with Section 65350) of Chapter 3 of Title 7 of the Government Code. (Added by Stats. 1978, Ch. 1271.)
  200. 25540.6.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. )

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    The commission must issue its final decision on certain powerplant certification applications within 12 months of filing, unless it and the applicant agree to a later time. Some exempt projects must include site-selection and alternative-site discussion in the application, with exceptions for cogeneration projects at existing industrial sites.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6. Power Facility and Site Certification [25500 - 25543] ( Chapter 6 added by Stats. 1974, Ch. 276. ) ## 25540.6. (a) Notwithstanding any other provision of law, no notice of intention is required, and the commission shall issue its final decision on the application, as specified in Section 25523, within 12 months after the filing of the application for certification of the powerplant and related facility or facilities, or at any later time as is mutually agreed by the commission and the applicant, for any of the following: (1) A thermal powerplant which will employ cogeneration technology, a thermal powerplant that will employ natural gas-fired technology, or a solar thermal powerplant. (2) A modification of an existing facility. (3) A thermal powerplant which it is only technologically or economically feasible to site at or near the energy source. (4) A thermal powerplant with a generating capacity of up to 100 megawatts. (5) A thermal powerplant designed to develop or demonstrate technologies which have not previously been built or operated on a commercial scale. Such a research, development, or commercial demonstration project may include, but is not limited to, the use of renewable or alternative fuels, improvements in energy conversion efficiency, or the use of advanced pollution control systems. Such a facility may not exceed 300 megawatts unless the commission, by regulation, authorizes a greater capacity. Section 25524 does not apply to such a powerplant and related facility or facilities. (b) Projects exempted from the notice of intention requirement pursuant to paragraph (1), (4), or (5) of subdivision (a) shall include, in the application for certification, a discussion of the applicant’s site selection criteria, any alternative sites that the applicant considered for the project, and the reasons why the applicant chose the proposed site. That discussion shall not be required for cogeneration projects at existing industrial sites. The commission may also accept an application for a noncogeneration project at an existing industrial site without requiring a discussion of site alternatives if the commission finds that the project has a strong relationship to the existing industrial site and that it is therefore reasonable not to analyze alternative sites for the project. (Amended by Stats. 1999, Ch. 581, Sec. 11. Effective January 1, 2000.)

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