Public Resources Code — Part 7 | PRC — United States — California law | Esheria

Public Resources Code

Part 7 of 41 · provisions 1,201–1,400

This act is named the Public Resources Code.

Jurisdiction
United States — California
Instrument
Code
Citation
PRC
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
ASTM standards Article title CEQA exceptions CEQA guidelines CEQA mitigation Commercial solid waste recycling Confidentiality Conservation Diablo Canyon powerplant EV charging infrastructure Geodesy Greenhouse gas emissions LEED certification NEPA-linked projects Orthometric heights PACE PACE bonds PACE financing PACE program PACE program applications PACE program eligibility PACE reserve program PACE risk mitigation PET beverage containers +7,596 more

Statute overview

About this statute

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.

Read the provisions Ask with citations

Legal text

Provisions of Public Resources Code

Showing 200 of 8,095

  1. 25541.

    ## 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 exempt certain thermal powerplants and specified facility modifications from this chapter if it finds there will be no substantial adverse environmental or energy-resource impact.

    ## 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. ) ## 25541. The commission may exempt from this chapter thermal powerplants with a generating capacity of up to 100 megawatts and modifications to existing generating facilities that do not add capacity in excess of 100 megawatts, if the commission finds that no substantial adverse impact on the environment or energy resources will result from the construction or operation of the proposed facility or from the modifications. (Amended by Stats. 1999, Ch. 581, Sec. 12. Effective January 1, 2000.)
  2. 25541.1.

    ## 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 ↗

    The Legislature states an intent to encourage thermal powerplants that use resource recovery (waste-to-energy) technology.

    ## 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. ) ## 25541.1. It is the intent of the Legislature to encourage the development of thermal powerplants using resource recovery (waste-to-energy) technology. Previously enacted incentives for the production of electrical energy from nonfossil fuels in commercially scaled projects have failed to produce the desired results. At the same time, the state faces a growing problem in the environmentally safe disposal of its solid waste. The creation of electricity by a thermal powerplant using resource recovery technology addresses both problems by doing all of the following: (a) Generating electricity from a nonfossil fuel of an ample, growing supply. (b) Conserving landfill space, thus reducing waste disposal costs. (c) Avoiding the health hazards of burying garbage. Furthermore, development of resource recovery facilities creates new construction jobs, as well as ongoing operating jobs, in the communities in which they are located. (Added by Stats. 1984, Ch. 743, Sec. 2.)
  3. 25541.5.

    ## 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 Secretary of the Resources Agency must review the certified regulatory program by January 1, 2001 and decide whether it meets the stated criteria; if it does, the secretary must continue the certification.

    ## 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. ) ## 25541.5. (a) On or before January 1, 2001, the Secretary of the Resources Agency shall review the regulatory program conducted pursuant to this chapter that was certified pursuant to subdivision (k) of Section 15251 of Title 14 of the California Code of Regulations, to determine whether the regulatory program meets the criteria specified in Section 21080.5. If the Secretary of the Resources Agency determines that the regulatory program meets those criteria, the secretary shall continue the certification of the regulatory program. (b) If the Secretary of the Resources Agency continues the certification of the regulatory program, the commission shall amend the regulatory program from time to time, as necessary to permit the secretary to continue to certify the program. (c) This section does not invalidate the certification of the regulatory program, as it existed on January 1, 2000, pending the review required by subdivision (a). (Repealed and added by Stats. 1999, Ch. 581, Sec. 14. Effective January 1, 2000.)
  4. 25542.

    ## 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 the division does not apply to a site and related facilities, the commission’s exclusive power under Section 25500 to certify them is not in effect.

    ## 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. ) ## 25542. In the case of any site and related facility or facilities for which the provisions of this division do not apply, the exclusive power given to the commission pursuant to Section 25500 to certify sites and related facilities shall not be in effect. (Added by Stats. 1974, Ch. 276.)
  5. 25543.

    ## 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 report to the Governor and the Legislature by March 31, 2000, and it may immediately carry out administrative recommendations and adopt certain regulations as emergency regulations if they are adopted within 180 days of this section’s effective date.

    ## 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. ) ## 25543. (a) It is the intent of the Legislature to improve the process of siting and licensing new thermal electric powerplants to ensure that these facilities can be sited in a timely manner, while protecting environmental quality and public participation in the siting process. (b) Notwithstanding Section 7550.5 of the Government Code, the commission shall prepare a report to the Governor and the Legislature on or before March 31, 2000, that identifies administrative and statutory measures that, preserving environmental protections and public participation, would improve the commission’s siting and licensing process for thermal powerplants of 50 megawatts and larger. The report shall include, but is not limited to, all of the following: (1) An examination of potential process efficiencies associated with required hearings, site visits, and documents. (2) A review of the impacts on both process efficiency and public participation of restrictions on communications between applicants, the public, and staff or decisionmakers. (3) An assessment of means for improving coordination with the licensing activities of local jurisdictions and participation by other state agencies. (4) An assessment of organizational structure issues including the adequacy of the amounts and organization of current technical and legal resources. (5) Recommendations for administrative and statutory measures to improve the siting and licensing process. (c) The commission may immediately implement any administrative recommendations. Regulations, as identified in paragraph (5), adopted within 180 days of the effective date of this section may be adopted as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of the Government Code. For purposes of that chapter, including 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, safety, and general welfare. (Added by Stats. 1999, Ch. 581, Sec. 15. Effective January 1, 2000.)
  6. 25545.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. )

    Verify source ↗

    This section defines terms used in the chapter, including what counts as a facility and a site.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. ) ## 25545. For purposes of this chapter, the following definitions apply: (a) “California Native American tribe” has the same meaning as set forth in Section 21073. (b) “Facility” means any of the following: (1) A solar photovoltaic or terrestrial wind electrical generating powerplant with a generating capacity of 50 megawatts or more and any facilities appurtenant thereto. (2) An energy storage system as defined in Section 2835 of the Public Utilities Code that is capable of storing 200 megawatthours or more of energy. (3) A stationary electrical generating powerplant using any source of thermal energy, with a generating capacity of 50 megawatts or more, excluding any powerplant that burns, uses, or relies on fossil or nuclear fuels. (4) A discretionary project as described in Section 21080 for which the applicant has certified that a capital investment of at least two hundred fifty million dollars ($250,000,000) will be made over a period of five years and the discretionary project is for (A) the manufacture, production, or assembly of an energy storage system or component manufacturing, wind system or component manufacturing, and solar photovoltaic energy system or component manufacturing, or (B) the manufacture, production, or assembly of specialized products, components, or systems that are integral to renewable energy or energy storage technologies. (5) An electrical transmission line carrying electricity from a facility described in paragraph (1), (2), or (3) that is located in the state to a point of junction with any interconnected electrical transmission system. (6) A hydrogen production facility and associated onsite storage and processing facilities that do not derive hydrogen from a fossil fuel feedstock and that receive funding from any of the following: (A) The Hydrogen Program established pursuant to Section 25664.1. (B) Section 91530, as added by the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024. (C) The Alliance for Renewable Clean Hydrogen Energy Systems (ARCHES) authorized by Article 15 (commencing with Section 12100.160) of Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code, as awarded by the United States Department of Energy Office of Clean Energy Demonstrations. (7) A geothermal powerplant or a project that comprises multiple geothermal powerplants on a single site. (c) “Site” means any location on which an eligible facility is constructed or is proposed to be constructed. (Amended by Stats. 2025, Ch. 372, Sec. 1. (AB 531) Effective January 1, 2026.)
  7. 25545.1.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. )

    Verify source ↗

    A person proposing an eligible facility may apply for certification with the commission by June 30, 2030. After the application is received, the commission has exclusive power to certify the site and related facility, subject to listed exceptions.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. ) ## 25545.1. (a) A person proposing an eligible facility may file an application no later than June 30, 2030, for certification with the commission to certify a site and related facility in accordance with this chapter, including a person who has an application for certification or small powerplant exemption filed with the commission pursuant to Chapter 6 (commencing with Section 25500) pending as of June 30, 2022. Upon receipt of the application, the commission shall have the exclusive power to certify the site and related facility, whether the application proposes a new site and related facility or a change or addition to an existing facility. This section does not modify the Public Utilities Commission’s jurisdiction, including the issuance of a certificate of public convenience and necessity under Chapter 5 (commencing with Section 1001) of Part 1 of Division 1 of the Public Utilities Code for a facility that is proposed by a utility regulated by the Public Utilities Commission. (b) (1) Except as provided in paragraph (2), the issuance of a certificate by the commission for a site and related facility pursuant to this chapter 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 the 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. (2) Paragraph (1) does not supersede the authority of the State Lands Commission to require leases and receive lease revenues, if applicable, or the authority of the California Coastal Commission, the San Francisco Bay Conservation and Development Commission, the State Water Resources Control Board, or the applicable regional water quality control boards. (3) For facilities described in paragraph (4) of subdivision (b) of Section 25545, this subdivision does not supersede the authority of local air quality management districts or the Department of Toxic Substances Control. (c) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities. (Amended by Stats. 2025, Ch. 119, Sec. 18. (SB 254) Effective September 19, 2025.)
  8. 25545.10.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. )

    Verify source ↗

    The commission may not certify a site and related facility unless the applicant has certain legally binding community benefits agreements.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. ) ## 25545.10. (a) The commission shall not certify a site and related facility under this chapter unless the commission finds that the applicant has entered into one or more legally binding and enforceable agreements with, or that benefit, a coalition of one or more community-based organizations, such as workforce development and training organizations, labor unions, social justice advocates, community foundations, local governmental entities, California Native American tribes, or other organizations that represent community interests, where there is mutual benefit to the parties to the agreement. The topics and specific terms in the community benefits agreements may vary and may include workforce development, job quality, and job access provisions that include, but are not limited to, any of the following: (1) Terms of employment, such as wages and benefits, employment status, workplace health and safety, scheduling, and career advancement opportunities. (2) Worker recruitment, screening, and hiring strategies and practices, targeted hiring planning and execution, investment in workforce training and education, and worker voice and representation in decisionmaking affecting employment and training. (3) Establishing a high road training partnership, as defined in Section 14005 of the Unemployment Insurance Code. (b) The topics and specific terms in the community benefits agreement may also include, but not be limited to, funding for or providing specific community improvements or amenities such as park and playground equipment, urban greening, enhanced safety crossings, paving roads and bike paths, and annual contributions to a nonprofit or community-based organization or a community foundation that awards grants to organizations delivering community-based services and amenities. (c) The topics and specific terms in agreements with California Native American tribes may include, but not be limited to, cultural preservation and revitalization programs, joint management and stewardship agreements, open-space preservation agreements, repatriation and reparations agreements, and other compensatory mitigation programs. (Amended by Stats. 2025, Ch. 119, Sec. 28. (SB 254) Effective September 19, 2025.)
  9. 25545.11.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. )

    Verify source ↗

    Sections 25532 to 25534.2 apply to certifications issued 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 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. ) ## 25545.11. Sections 25532 to 25534.2, inclusive, apply to a certification issued pursuant to this chapter. (Added by Stats. 2022, Ch. 61, Sec. 4. (AB 205) Effective June 30, 2022.)
  10. 25545.12.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. )

    Verify source ↗

    The commission must adopt implementing regulations under the Government Code process, and emergency regulations stay in effect until the commission amends them.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. ) ## 25545.12. (a) Regulations adopted to implement this chapter, or any amendment to those regulations, shall be adopted by the commission in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations 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 of law, the emergency regulations adopted to implement this chapter shall remain in effect until amended by the commission. (b) (1) Notwithstanding any other law, until July 1, 2027, an agreement entered into for purposes of this chapter shall not require competitive bidding, or the review, consent, or approval of the Department of General Services or any other state department or agency and is not required to comply with the requirements of the State Contracting Manual, the Public Contract Code, or the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code. (2) If the commission enters into an agreement with a local government pursuant to this subdivision, the commission may advance funds to the local government for purposes of the agreement. (Amended by Stats. 2025, Ch. 119, Sec. 29. (SB 254) Effective September 19, 2025.)
  11. 25545.13.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. )

    Verify source ↗

    The Judicial Council must adopt a rule of court by December 31, 2023, to set procedures for certain challenges to certifications 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 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. ) ## 25545.13. (a) A site and related facility certified under this chapter is deemed an environmental leadership development project certified by the Governor under Chapter 6.5 (commencing with Section 21178) of Division 13 and eligible for the procedures established under Section 21185, with no further action by the applicant or the Governor, if the commission verifies that the conditions in Chapter 6.5 (commencing with Section 21178) of Division 13, including Sections 21183 and 21183.6, are met and prepares the record of the proceedings concurrently with its review of the application and certifies the record of proceedings within five days of certification. (b) On and after January 1, 2026, if Chapter 6.5 (commencing with Section 21178) of Division 13 is inoperative or repealed, the procedures established pursuant to subdivision (c) shall apply to any action or proceeding brought to attack, review, set aside, void, or annul the certification of an environmental impact report or the issuance of the certification for any site and related facility subject to this chapter, if the commission prepares the administrative record of the proceedings concurrently with its review of the application and certifies the administrative record within five days of certification. (c) On or before December 31, 2023, the Judicial Council shall adopt a rule of court to establish procedures that require actions or proceedings brought to attack, review, set aside, void, or annul the certification of an environmental impact report or the issuance of the certification for any site and related facility subject to this chapter, including any potential appeals to the court of appeal or the Supreme Court, to be resolved, to the extent feasible, within 270 days of the filing of the certified administrative record with the court. (Added by Stats. 2022, Ch. 61, Sec. 4. (AB 205) Effective June 30, 2022.)
  12. 25545.16.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. )

    Verify source ↗

    For applications submitted after January 1, 2026, the commission cannot certify an energy storage system unless it is inspected by the fire suppression authority within 90 days after notice of completion and before the batteries are put into operation or use.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. ) ## 25545.16. (a) For any application submitted after January 1, 2026, the commission shall not certify an energy storage system, as described in paragraph (2) of subdivision (b) of Section 25545, pursuant to this chapter, unless, within 90 days of the project applicant providing notice of completion of installation to the authority that has jurisdiction over fire suppression, but before commencing operations or use of the batteries, the energy storage system is inspected by the authority that has jurisdiction over fire suppression where the system is located. The applicant shall bear the cost of the inspection. The inspector shall be provided a copy of the documentation of the consultation required pursuant to subdivision (a) of Section 25545.19 submitted with the application. (b) If the inspection required pursuant to subdivision (a) has not occurred within 90 days after the notice of completion, the commission may certify or approve for operation the energy storage system. (c) The commission shall include findings regarding compliance with the requirements of this section in a decision to certify an energy storage system pursuant to Section 25545.1. (Added by Stats. 2025, Ch. 407, Sec. 2. (SB 283) Effective January 1, 2026.)
  13. 25545.19.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. )

    Verify source ↗

    For certain energy storage system applications, the applicant must certify prior consultation with the local fire-suppression authority and include documentation of that consultation.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. ) ## 25545.19. (a) In an application for an energy storage system, as described in paragraph (2) of subdivision (b) of Section 25545, submitted in accordance with this chapter, the applicant shall certify that, at least 30 days before submitting the application, the applicant met and conferred with the authority that has jurisdiction over fire suppression in the area where the energy storage system is proposed and discussed the energy storage system design, sought input on mitigating potential fire and life safety concerns, and sought input on the content of emergency action plans required by Section 761.3 of the Public Utilities Code. The application shall include documentation of this consultation, including the date, the names and titles of participants, a summary of matters discussed, and a description of how the application addresses those matters. (b) The authority that has jurisdiction over fire suppression shall have 30 days to respond to the request to meet and the meeting shall occur within 60 days of the initial request, unless otherwise agreed upon between the parties. (c) If the authority that has jurisdiction over fire suppression declines the opportunity to meet and confer pursuant to subdivision (a), or does not respond to the request, the applicant shall document their interactions with the authority and may submit the application pursuant to this chapter. (d) The commission shall include findings regarding compliance with the requirements of this section in a decision to certify an energy storage system pursuant to Section 25545.1. (Added by Stats. 2025, Ch. 407, Sec. 3. (SB 283) Effective January 1, 2026.)
  14. 25545.2.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. )

    Verify source ↗

    An applicant must file the site-and-related-facility application in the commission’s required form and include required information and proof of sufficient real property rights.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. ) ## 25545.2. An application for a site and related facility submitted pursuant to this chapter shall be in a form prescribed by the commission and shall contain all of the information required by Section 25520 and be further supported by other information as the commission may require, including, but not limited to, the informational requirements in Section 1877 of Title 20 of the California Code of Regulations, to support the preparation of an environmental impact report, mitigated negative declaration, or negative declaration and issuance of a certification. The application shall include evidence that the applicant has sufficient real property rights to the proposed location to currently access, build, and operate the proposed facility. (Amended by Stats. 2025, Ch. 119, Sec. 19. (SB 254) Effective September 19, 2025.)
  15. 25545.3.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. )

    Verify source ↗

    This section defines terms used in later sections of this chapter.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. ) ## 25545.3. For purposes of sections 25545.3.3 and 25545.3.5, the following definitions apply: (a) “Construction” includes any new construction work and subsequent construction work following initial completion that is contracted out to a contractor in the construction industry. (b) “Covered project” or “project” means a site and related facility subject to an application submitted under this chapter. (c) “Project labor agreement” has the same meaning as set forth in Section 2500 of the Public Contract Code. (d) “Skilled and trained workforce” has the same meaning as provided in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. (Added by Stats. 2022, Ch. 61, Sec. 4. (AB 205) Effective June 30, 2022.)
  16. 25545.3.3.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. )

    Verify source ↗

    A covered-project application must include the applicant’s certification, and the commission must make the project requirements a condition of certification.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. ) ## 25545.3.3. An application for a covered project submitted under this chapter shall include the applicant’s certification that it will meet the requirements of a covered project and the commission shall make the requirements a condition of certification. The application shall also include the applicant’s certification that either of the following is true: (a) The entirety of the construction of the covered project is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (b) The construction of the covered project is not in its entirety a public work for which prevailing wages must be paid under Article 1 (commencing with Section 1720) of Chapter 1 of Part 7 of Division 2 of the Labor Code, but all construction workers employed on the project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. If the project is subject to this subdivision, for those portions of the project that are not a public work, all of the following shall apply: (1) The applicant shall ensure that the prevailing wage requirement is included in all contracts for the performance of all construction work. (2) All contractors and subcontractors shall pay to all construction workers employed in the construction of the project at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. (3) All contractors and subcontractors performing construction work on the project shall employ apprentices at no less than the ratio required in Section 1777.5 of the Labor Code. (4) Except as provided in paragraph (6), all contractors and subcontractors performing construction work shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code, make those records available for inspection and copying as provided therein, and furnish those payroll records to the Labor Commissioner pursuant to Section 1771.4 of the Labor Code. (5) Except as provided in paragraph (6), the obligation of the contractors and subcontractors to pay prevailing wages and employ apprentices may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the project, or by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee though a civil action under Section 1771.2 of the Labor Code. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code. (6) Paragraphs (4) and (5) do not apply if all contractors and subcontractors performing construction work on the project are subject to a project labor agreement. The project labor agreement shall also include, but not be limited to, all of the following: (A) Provisions requiring payment of prevailing wages to all construction workers employed in the construction of the project and for enforcement of that obligation through an arbitration procedure. (B) Targeted hiring provisions, including a targeted hiring plan, on a craft-by-craft basis to address job access for local, disadvantaged, or underrepresented workers, as defined by a relevant local agency. (C) Apprenticeship utilization provisions that commit all parties to increasing the share of work performed by state-registered apprentices above the state-mandated minimum ratio required in Section 1777.5 of the Labor Code. (D) Apprenticeship utilization provisions that commit all parties to hiring and retaining a certain percentage of state-registered apprentices that have completed the Multi-Craft Core preapprenticeship training curriculum referenced in subdivision (t) of Section 14005 of the Unemployment Insurance Code. (Added by Stats. 2022, Ch. 61, Sec. 4. (AB 205) Effective June 30, 2022.)
  17. 25545.3.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. )

    Verify source ↗

    Applicants for covered projects must certify and contractually ensure that a skilled and trained workforce will be used, and contractors and subcontractors must use that workforce unless a project labor agreement exception applies.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. ) ## 25545.3.5. An application for a covered project submitted under this chapter shall include the applicant’s certification that a skilled and trained workforce will be used to perform all construction work on the project and all of the following apply: (a) The applicant shall require in all contracts for the performance of work that every contractor and subcontractor at every tier will individually use a skilled and trained workforce to construct the project. (b) Every contractor and subcontractor shall use a skilled and trained workforce to construct the project. (c) Except as provided in subdivision (e), contractors and subcontractors that fail to use a skilled and trained workforce shall be subject to the penalties provided in Section 2603 of the Public Contract Code. Penalties for a contractor’s or subcontractor’s failure to comply with the requirement to use a skilled and trained workforce may be assessed by the Labor Commissioner within 18 months of completion of the project using the same procedures for issuance of civil wage and penalty assessments pursuant to Section 2603 of the Public Contract Code. Penalties shall be paid to the State Public Works Enforcement Fund. (d) For purposes of this subdivision, an applicant shall be considered to be an “awarding body” under Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. Except as provided in subdivision (e), the applicant shall retain records, including copies of monthly reports, that demonstrate compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code while the project or contract is being performed and for three years after completion of the project or contract. The applicant shall submit these records immediately upon request of the commission. When submitted to the commission, these records shall be a public record under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and shall be open to public inspection. (e) Subdivisions (c) and (d) do not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement. The project labor agreement shall also include, but not be limited to, all of the following: (1) Provisions requiring compliance with the skilled and trained workforce requirement and for enforcement of that obligation through an arbitration procedure. (2) Targeted hiring provisions, including a targeted hiring plan, on a craft-by-craft basis to address job access for local, disadvantaged, or underrepresented workers, as defined by a local agency. (3) Apprenticeship utilization provisions that commit all parties to increasing the share of work performed by state-registered apprentices above the state-mandated minimum ratio required in Section 1777.5 of the Labor Code. (4) Apprenticeship utilization provisions that commit all parties to hiring and retaining a certain percentage of state-registered apprentices that have completed the Multi-Craft Core preapprenticeship training curriculum referenced in subdivision (t) of Section 14005 of the Unemployment Insurance Code. (Amended by Stats. 2023, Ch. 131, Sec. 176. (AB 1754) Effective January 1, 2024.)
  18. 25545.4.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. )

    Verify source ↗

    The commission must review an application for completeness within 30 days, and the executive director may ask for missing information before completeness is तय; after completeness, the applicant must respond to information requests within 30 days and the commission must act on certification within 270 days unless an extension applies.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. ) ## 25545.4. (a) Within 30 days of the submission of the application, the commission shall review the application and make a determination of completeness. (b) (1) The executive director may require the applicant to submit missing information in the application before an application can be deemed complete. The executive director shall transmit the request for additional information within 30 days of the submission of the application. Any further requests by the executive director for missing information in response to additional information provided by the applicant shall be made within 45 days, or as soon as practicable thereafter, of receipt of that information. (2) The commission shall establish clear project developer permit application requirements. (c) An application is deemed completed as follows: (1) Thirty days after the submission of the application, if the executive director does not require the submission of missing information pursuant to subdivision (b). (2) Immediately upon a written statement from the executive director accepting all missing information requested pursuant to subdivision (b), if the executive director requires the submission of missing information pursuant to subdivision (b). (d) After the application is deemed complete, the executive director may request additional information from the applicant as follows: (1) To address comments by public agencies on the scope and content of the information that is required to be included in an environmental impact report, mitigated negative declaration, or negative declaration for certification. The applicant shall provide to the commission the requested information within 30 days of receiving the request. (2) If, at any time during the review of an application, the executive director determines that additional information is reasonably necessary to complete the staff assessment. (3) The applicant shall provide to the commission the information requested pursuant to this subdivision within 30 days of receiving the request. Receipt of requested information by the commission beyond the 30-day due date may extend the 270-day period in paragraph (1) of subdivision (e) by a period equivalent to the delay. (e) (1) Except as provided in paragraph (2), no later than 270 days after the application is deemed complete, or as soon as practicable thereafter, the commission shall determine whether to certify the environmental impact report, mitigated negative declaration, or negative declaration and to issue a certificate for the site and related facilities pursuant to this chapter. (2) Notwithstanding paragraph (1), the time to certify the environmental impact report, mitigated negative declaration, or negative declaration or issue a certificate for the site and related facilities pursuant to this chapter may be extended if one or more of the following occurs: (A) The commission is required to recirculate the environmental impact report, mitigated negative declaration, or negative declaration pursuant to Section 15088.5 of Title 14 of the California Code of Regulations. (B) Substantial changes are proposed in the project that may involve new significant environmental effects or a substantial increase in the severity of previously identified significant effects. (C) Substantial changes occur with respect to the circumstances under which the project is undertaken that may involve new significant environmental effects or a substantial increase in the severity of previously identified significant effects. (D) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence before the commission publishes the notice of availability pursuant to Section 25545.7.6, is submitted that may require additional analysis and consideration. (E) The commission, in consultation with the Department of Fish and Wildlife or the State Water Resources Control Board, if applicable, determines that additional time is necessary to obtain information and conduct surveys, including due to seasonal constraints. (F) The applicant files into the docket a written request that demonstrates a reasonable need for extending the time to certify the environmental impact report or issue a certificate for the site and related facilities pursuant to this chapter. (3) Following the occurrence of any circumstance described in paragraph (2), the executive director may establish a new schedule for staff to complete its review of the application that extends the 270-day period in paragraph (1) by a period attributable to the employment of paragraph (2). (Amended by Stats. 2025, Ch. 119, Sec. 20. (SB 254) Effective September 19, 2025.)
  19. 25545.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. )

    Verify source ↗

    The commission must develop consultation plans with several agencies and, in some areas, coordinate permitting and final action timing.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. ) ## 25545.5. (a) On or before September 28, 2022, the commission shall, in coordination with the Department of Fish and Wildlife, develop a plan that ensures timely and effective consultation between the commission and the Department of Fish and Wildlife with respect to any proposed commission findings and actions to authorize the taking of endangered, threatened, and candidate species pursuant to the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code) or impacts to fish and wildlife resources pursuant to Section 1602 of the Fish and Game Code. The commission shall also consult with the Department of Fish and Wildlife with respect to any proposed commission findings and actions regarding potential impacts to fish, wildlife, and plant resources and the habitats upon which they depend. The plan shall include a process to ensure that all such taking and impacts are consistent with Chapter 6 (commencing with Section 1600) of Division 2 of, and Chapter 1.5 (commencing with Section 2050) of Division 3 of, the Fish and Game Code. (b) On or before September 28, 2022, the commission shall, in coordination with the State Water Resources Control Board, develop a plan that ensures timely and effective consultation between the commission and the State Water Resources Control Board and the applicable regional water quality control board with respect to any proposed commission findings and actions related to discharges of waste that could affect the quality of waters of the state. The plan shall include provisions to ensure that all discharges are consistent with all applicable provisions of Division 7 (commencing with Section 13000) of the Water Code. (c) The commission shall, in coordination with the Department of Toxic Substances Control, develop a plan on or before September 28, 2022, that ensures timely and effective consultation between the commission and the Department of Toxic Substances Control with respect to any proposed commission findings and actions related to hazardous waste control laws. (d) (1) For sites and related facilities located in the geographic jurisdiction of the California Coastal Commission or the San Francisco Bay Conservation and Development Commission, the commission shall consult with the applicable agency to coordinate processing and sequencing of the applications to expedite the permitting process of those agencies. In areas of the coastal zone covered by a certified local coastal program, the California Coastal Commission shall assume coastal development review authority, using the certified local coastal program as guidance. In the Suisun Marsh Secondary Management Area and the portions of the Primary Management Area with a local protection program, the San Francisco Bay Conservation and Development Commission shall assume permitting authority for processing and issuing marsh development permits using the local protection programs as guidance. (2) The California Coastal Commission, the San Francisco Bay Conservation and Development Commission, the State Water Resources Control Board, the applicable regional water quality control boards, the applicable local air quality management districts, or the Department of Toxic Substances Control, as applicable, shall take final action on the eligible facility within 90 days after the certification by the commission of the environmental impact report, mitigated negative declaration, or negative declaration for the site and related facilities, if the applicant has filed a complete, final application for a permit or waste discharge requirement, as applicable, with those agencies before the certification of the environmental impact report, mitigated negative declaration, or negative declaration. (Amended by Stats. 2025, Ch. 119, Sec. 21. (SB 254) Effective September 19, 2025.)
  20. 25545.6.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. )

    Verify source ↗

    An application under this chapter must be reviewed by commission staff, and the executive director must prepare a recommendation for the commission.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. ) ## 25545.6. Notwithstanding any other law, an application submitted pursuant to this chapter shall be reviewed by commission staff. The executive director shall prepare a recommendation for the commission’s consideration at a publicly noticed meeting on whether to certify an environmental impact report, mitigated negative declaration, or negative declaration and issue a certificate for the site and related facilities pursuant to this chapter. (Amended by Stats. 2025, Ch. 119, Sec. 22. (SB 254) Effective September 19, 2025.)
  21. 25545.7.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. )

    Verify source ↗

    The commission must prepare an environmental impact report, mitigated negative declaration, or negative declaration, except where this chapter provides otherwise. The commission may also prepare an initial study to help identify significant effects.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. ) ## 25545.7. (a) The commission is the lead agency for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000)) and, except as provided in this chapter, shall prepare an environmental impact report, mitigated negative declaration, or negative declaration pursuant to Division 13 (commencing with Section 21000). (b) The regulatory program that implements this chapter is not a certified regulatory program under Section 21080.5. (c) The commission may prepare an initial study pursuant to Section 15063 of Title 14 of the California Code of Regulations to help identify the significant effects of an action taken pursuant to this chapter. (Amended by Stats. 2025, Ch. 119, Sec. 23. (SB 254) Effective September 19, 2025.)
  22. 25545.7.2.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. )

    Verify source ↗

    The commission must conduct public outreach and hold specified meetings and notices on set deadlines after an 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 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. ) ## 25545.7.2. The commission shall conduct public outreach to solicit input on an application to identify the range of actions, alternatives, mitigation measures, and significant effects to be analyzed in depth in the environmental impact report, mitigated negative declaration, or negative declaration as follows: (a) Within three days after the application is deemed complete pursuant to Section 25545.4, the commission shall issue a notice of preparation, if applicable, pursuant to Section 15082 of Title 14 of the California Code of Regulations. (b) (1) No sooner than 10 days and no later than 30 days after the application is deemed complete pursuant to Section 25545.4, the commission shall conduct a public informational meeting as close as practicable to the proposed site. The commission shall provide notice of the informational meeting at least 10 days before the meeting. The notice shall be sent electronically to all persons who have requested to receive a notice from the commission on action related to certification pursuant to this chapter and to all persons who the commission’s executive director, in consultation with the public advisor of the commission, determines to be concerned with the application. The informational meeting shall provide all of the following: (A) Information on the proposed site and related facility from the applicant and from commission staff. (B) Information on how to participate in the commission’s review of the application. (C) A reasonable opportunity for the public to comment on the application. (2) No sooner than 10 days after the application is deemed complete pursuant to Section 25545.4 and, if applicable, no later than 60 days after the issuance of the notice of availability pursuant to section 25545.7.6, the commission shall conduct a public workshop in the community nearest to the proposed site. The commission shall provide the notice in the same manner as required for the notice of the informational meeting pursuant to paragraph (1). (3) Not later than 30 days after the issuance of the notice of preparation, the commission shall conduct a public scoping meeting pursuant to subdivision (c) of Section 15082 of Title 14 of the California Code of Regulations as close as practicable to the proposed site. (c) The commission may conduct the informational meeting at the same time as the scoping meeting. (Amended by Stats. 2025, Ch. 119, Sec. 24. (SB 254) Effective September 19, 2025.)
  23. 25545.7.4.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. )

    Verify source ↗

    The commission must quickly send complete applications to affected California Native American tribes, start consultation, seek help identifying tribes, and include tribal monitoring requirements if tribal cultural resources may be harmed.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. ) ## 25545.7.4. (a) Within five days after the application is deemed complete pursuant to Section 25545.4, the commission shall submit the application to all California Native American tribes that are culturally and traditionally associated with the geographic area of the proposed site and initiate consultation, as defined in Section 65352.4 of the Government Code, with those tribes pursuant to Sections 21080.3.1, 21080.3.2, and 21082.3. In order to expedite compliance with this subdivision, the commission shall contact the Native American Heritage Commission for assistance in identifying any California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development. (b) Treatment of tribal cultural resources shall comply with Section 21084.3. (c) During the consultation process, the commission shall invite California Native American tribes to contribute their expertise and knowledge. The commission shall, where feasible, incorporate the California Native American tribes’ expertise and knowledge into an environmental impact report or other environmental document. (d) If the commission concludes that tribal cultural resources would be adversely affected by ground disturbing activities, the commission shall include in any license granted a requirement that tribal monitors monitor any archaeological, earthwork, and ground disturbing activities associated with the facility if monitors have been designated pursuant to this subdivision. Tribal monitors shall be designated by the California Native American tribes that are culturally or traditionally associated with the geographic area of the proposed site to observe and monitor activities at the site and may include tribal historic preservation officers and additional technically appropriate experts, as needed. (e) It is the intent of the Legislature that this section does not conflict with the tribal cultural resource baseline standards established in Chapter 532 of the Statutes of 2014. (Amended by Stats. 2022, Ch. 251, Sec. 9. (AB 209) Effective September 6, 2022.)
  24. 25545.7.6.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. )

    Verify source ↗

    The commission must hold a public meeting within a specified window after notice, keep the public review and comment period open for at least 60 days, and wait at least 30 days after completion before considering certification at a public meeting.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. ) ## 25545.7.6. (a) No sooner than 30 days and no later than 60 days after the issuance of the notice of availability of the draft environmental impact report, mitigated negative declaration, or negative declaration, the commission shall hold at least one public meeting on the draft environmental impact report, mitigated negative declaration, or negative declaration as close as practicable to the proposed site. (b) Notwithstanding subdivision (a) of Section 21091, the public review and comment period for the draft environmental impact report, mitigated negative declaration, or negative declaration for an application shall be at least 60 days. (c) No sooner than 30 days after the completion of the final environmental impact report, mitigated negative declaration, or negative declaration, the commission shall consider the certification of the environmental impact report, mitigated negative declaration, or negative declaration of the application at a public meeting. (d) This chapter does not limit the commission from holding additional public meetings. (Amended by Stats. 2025, Ch. 119, Sec. 25. (SB 254) Effective September 19, 2025.)
  25. 25545.8.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. )

    Verify source ↗

    The commission must follow specified sections when considering applications and issuing certifications 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 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. ) ## 25545.8. (a) For the consideration of an application and the issuance of a certification under this chapter, the commission shall comply with the requirements of subdivisions (a), (e), (g), and (h), inclusive, of Section 25523. (b) Subdivisions (f), (g), (j), and (k) of Section 25519 and Sections 25527 and 25538 apply to an application submitted pursuant to this chapter. (Amended by Stats. 2025, Ch. 119, Sec. 26. (SB 254) Effective September 19, 2025.)
  26. 25545.9.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. )

    Verify source ↗

    The commission cannot certify a site and related facility unless it finds the project will create an overall net positive economic benefit for the local government with permitting authority.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities [25545 - 25545.19] ( Chapter 6.2 added by Stats. 2022, Ch. 61, Sec. 4. ) ## 25545.9. (a) The commission shall not certify a site and related facility under this chapter unless the commission finds that the construction or operation of the facility will have an overall net positive economic benefit to the local government that would have had permitting authority over the site and related facility. For purposes of this section, economic benefits may include, but are not limited to, any of the following: (1) Employment growth. (2) Housing development. (3) Infrastructure and environmental improvements. (4) Assistance to public schools and education. (5) Assistance to public safety agencies and departments. (6) Property taxes and sales and use tax revenues. (b) There shall be a rebuttable presumption that the construction or operation of the facility will have an overall net positive economic benefit to the local government that would have had permitting authority over the site and related facility. (Amended by Stats. 2025, Ch. 119, Sec. 27. (SB 254) Effective September 19, 2025.)
  27. 25548.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.3. Diablo Canyon Powerplant [25548 - 25548.8] ( Chapter 6.3 added by Stats. 2022, Ch. 239, Sec. 5. )

    Verify source ↗

    The Legislature states that Diablo Canyon operations may be extended, and relevant state agencies and the operator must act quickly and together to support that extension.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.3. Diablo Canyon Powerplant [25548 - 25548.8] ( Chapter 6.3 added by Stats. 2022, Ch. 239, Sec. 5. ) ## 25548. The Legislature finds and declares all of the following: (a) The Diablo Canyon powerplant currently supplies approximately 17 percent of California’s zero-carbon electricity supply and 8.6 percent of California’s total electricity supply. The Diablo Canyon powerplant’s two units are scheduled to be retired in 2024 and 2025. (b) Preserving the option of continued operations of the Diablo Canyon powerplant for an additional five years beyond 2025 may be necessary to improve statewide energy system reliability and to reduce the emissions of greenhouse gases while additional renewable energy and zero-carbon resources come online, until those new renewable energy and zero-carbon resources are adequate to meet demand. Accordingly, it is the policy of the Legislature that seeking to extend the Diablo Canyon powerplant’s operations for a renewed license term is prudent, cost effective, and in the best interests of all California electricity customers. The Legislature anticipates that this stopgap measure will not be needed for more than five years beyond the current expiration dates. (c) During the time the Diablo Canyon powerplant’s operations are extended, the state will continue to act with urgency to bring clean replacement energy online to support reliability and achieve California’s landmark climate goals. The state is accelerating efforts to bring offshore wind and other clean energy resources online, including action to streamline permitting for clean energy projects. (d) It is the intent of the Legislature that the extension of the Diablo Canyon powerplant benefit California’s electric customers, and if those benefits fail to materialize or costs to operate the plant increase significantly as determined by the Public Utilities Commission, the state will plan for an earlier decommissioning date that also safeguards electrical reliability in the state. (e) The estimated costs and timelines for design and construction of alternatives that would comply with the State Water Resources Control Board’s Resolution Number 2010-0020, Water Quality Control Policy on the Use of Coastal and Estuarine Waters for Power Plant Cooling, which were presented to the State Water Resources Control Board in accordance with Section 3.D of the Water Quality Control Policy on the Use of Coastal and Estuarine Waters for Power Plant Cooling, conclusively establish that it is not practicable for the Diablo Canyon Power Plant to achieve final compliance with the “Water Quality Control Policy on the Use of Coastal and Estuarine Waters for Power Plant Cooling” before October 31, 2030. Accordingly, it is the intent of the Legislature that the State Water Resources Control Board, through its authority pursuant to Resolution Number 2010-0020, continue to impose an interim mitigation fee, such as an interim mitigation fee of ten dollars ($10) per million gallons for water, subject to an annual increase, that it deems appropriate in its discretion and that does not exceed all reasonable costs to, or incurred by, the state to address the entrainment impacts resulting from the continued ocean water intakes at the Diablo Canyon powerplant after the current expiration dates set forth in Section 25548.1. (f) All relevant state agencies and the operator of the Diablo Canyon powerplant must act quickly and in coordination to take all actions necessary and prudent to extend Diablo Canyon powerplant operations. (g) California Native American tribes maintain unique cultural, political, spiritual and community ties to the lands that now make up California, including the lands upon which the Diablo Canyon powerplant is currently sited. To ensure adequate consideration of tribal interests related to the extended operation and eventual decommissioning of the Diablo Canyon powerplant, all relevant state agencies and the operator of the Diablo Canyon powerplant should consult and work collaboratively with local California Native American tribes, including, but not limited to, designating a tribal liaison, to consider tribal access, use, conservation, and comanagement of the Diablo Canyon powerplant lands and to work cooperatively with California Native American tribes that are interested in acquiring such lands. (Added by Stats. 2022, Ch. 239, Sec. 5. (SB 846) Effective September 2, 2022.)
  28. 25548.1.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.3. Diablo Canyon Powerplant [25548 - 25548.8] ( Chapter 6.3 added by Stats. 2022, Ch. 239, Sec. 5. )

    Verify source ↗

    This section defines terms used in the Diablo Canyon Powerplant chapter, including borrower, department, operator, state agency, and key dates and site/operations terms.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.3. Diablo Canyon Powerplant [25548 - 25548.8] ( Chapter 6.3 added by Stats. 2022, Ch. 239, Sec. 5. ) ## 25548.1. For purposes of this chapter, the following definitions apply: (a) “Borrower” means the company licensed to operate the Diablo Canyon Units 1 and 2. (b) “Current expiration dates” means the expiration dates in effect on June 1, 2022, of the United States Nuclear Regulatory Commission operating licenses for Diablo Canyon Unit 1, which is November 2, 2024, and Unit 2, which is August 26, 2025. (c) “Department” means the Department of Water Resources. (d) “Diablo Canyon powerplant operations” means all aspects of operating the Diablo Canyon Units 1 and 2 at the Diablo Canyon powerplant site, including cooling operations and spent fuel management and storage facilities. (e) “Diablo Canyon powerplant site” means the site containing the Diablo Canyon Units 1 and 2, including both reactor units, spent fuel storage facilities, and appurtenant lands leased to, or controlled by, the operator. (f) “Extension of the operating period” means license renewal by the United States Nuclear Regulatory Commission and any other licensing, permitting, or approvals by federal or state authorities necessary to allow continued operations of the Diablo Canyon powerplant beyond the current expiration date of each unit, and until a new date that shall be no later than October 31, 2029, for Unit 1 and no later than October 31, 2030, for Unit 2. (g) “Fund” means the Diablo Canyon Extension Fund established pursuant to Section 25548.6. (h) “Loan” means the funds loaned to the borrower by the department for the purpose of facilitating the extension of the operating period. (i) “Loan agreement” means the agreement and any amendments to the agreement entered into by the department and the borrower pursuant to this chapter. (j) “Operator” means the company licensed to operate the Diablo Canyon Units 1 and 2. (k) “State agency” means any agency, department, board, office, commission, or district of the state, including, but not limited to, the State Lands Commission, the California Coastal Commission, the State Water Resources Control Board, the Public Utilities Commission, and the State Office of Historic Preservation, or any local government. (Added by Stats. 2022, Ch. 239, Sec. 5. (SB 846) Effective September 2, 2022.)
  29. 25548.2.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.3. Diablo Canyon Powerplant [25548 - 25548.8] ( Chapter 6.3 added by Stats. 2022, Ch. 239, Sec. 5. )

    Verify source ↗

    This section sets deadlines and coordination steps for approvals needed to extend Diablo Canyon powerplant operations, requires a public hearing process, and directs a plan to be delivered to the Legislature.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.3. Diablo Canyon Powerplant [25548 - 25548.8] ( Chapter 6.3 added by Stats. 2022, Ch. 239, Sec. 5. ) ## 25548.2. For purposes of any application or request by the operator for a permit, lease, license, certification, concurrence, plan, decision, or other approval from a state agency, and of any request by the United States Nuclear Regulatory Commission for consultation or other input, that is necessary to authorize Diablo Canyon powerplant operations after the current expiration dates, all of the following shall apply: (a) Notwithstanding any other law, the state agency shall take final action on the application or request to extend the operations of the Diablo Canyon powerplant within 180 days of submission of a complete application or request. (b) Given the unique circumstances of this site and the time-limited extension of operations, and in view of the precedent of World Business Academy v. State Lands Commission (2018) 24 Cal.App.5th 476, the Diablo Canyon powerplant site, and all structures, buildings, and equipment at the site or necessary to extend operations at the site, shall conclusively be deemed an existing facility or existing facilities under Section 15301 of Title 14 of the California Code of Regulations and not subject to any exception under Section 15300.2 of Title 14 of the California Code of Regulations, in any agency or judicial proceeding. (c) At least 30 days before issuing any permit, lease, license, certification, concurrence, plan, decision, or other approval, some or all of the members of the State Lands Commission, the California Coastal Commission, the State Water Resources Control Board, and any other agency invited to participate by the Secretary of the Natural Resources Agency, shall participate in a joint public process facilitated by the Secretary of the Natural Resources Agency to consider public input concerning the environmental impacts and mitigation of extended operations of the Diablo Canyon powerplant. The Natural Resources Agency shall conduct at least one public hearing, and shall receive written comments, upon which to base any findings and recommendations. (d) The Secretary for Environmental Protection and the Secretary of the Natural Resources Agency shall ensure coordination among, and prioritization of review of relevant applications by, the California Coastal Commission, the State Lands Commission, the State Water Resources Control Board, regional water quality control boards, and the State Air Resources Board. (e) Except as provided in this section, this section does not alter or limit any proceeding of the commission including, but not limited to, proceedings planning for the decommissioning of the Diablo Canyon powerplant. (f) The Secretary of the Natural Resources Agency, in consultation with the state agencies described in subdivisions (c) and (d) and with the Public Utilities Commission shall, by January 31, 2023, provide to the Joint Legislative Budget Committee a detailed description and plan that identifies all the actions that are necessary for the extension of the operations of the Diablo Canyon powerplant to beyond the current expiration date of each unit, and until new dates that shall be no later than December 31, 2029, for Unit 1, and no later than December 31, 2030, for Unit 2. (g) This section shall become inoperative once the United States Nuclear Regulatory Commission concludes its review of the operator’s next applications for renewal of the licenses for Diablo Canyon Units 1 and 2, and, as of January 1 of the following year, is repealed. (Added by Stats. 2022, Ch. 239, Sec. 5. (SB 846) Effective September 2, 2022. Inoperative as prescribed by its own provisions. Repealed on January 1 following the inoperative date.)
  30. 25548.3.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.3. Diablo Canyon Powerplant [25548 - 25548.8] ( Chapter 6.3 added by Stats. 2022, Ch. 239, Sec. 5. )

    Verify source ↗

    This section sets up a state loan program for Diablo Canyon operating-extension costs and limits how the department may disburse and administer the loan.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.3. Diablo Canyon Powerplant [25548 - 25548.8] ( Chapter 6.3 added by Stats. 2022, Ch. 239, Sec. 5. ) ## 25548.3. (a) It is the intent of the Legislature to make available a one billion four hundred million dollar ($1,400,000,000) loan from the General Fund to the Department of Water Resources for the purpose of being loaned to the borrower for extending operations of the Diablo Canyon powerplant facility, to dates that shall be no later than November 1, 2029, for Unit 1, and no later than November 1, 2030, for Unit 2. The Legislature intends to transfer an initial six hundred million dollars ($600,000,000) from the General Fund to the department. It is the intent of the Legislature that the remaining eight hundred million dollars ($800,000,000) shall require future legislative authorization before the transfer of funds. (b) (1) To facilitate the extension of the operating period, the department may make a loan or loans to the borrower out of any funds that the Legislature transfers to the Diablo Canyon Extension Fund established pursuant to Section 25548.6, up to a total principal amount not to exceed one billion four hundred million dollars ($1,400,000,000). Of this amount, up to three hundred fifty million dollars ($350,000,000) may be paid out by the department upon the execution of, and according to the terms of, loan agreements described in subdivision (c). For any additional amount beyond that three hundred fifty million dollars ($350,000,000), but not more than a total of six hundred million dollars ($600,000,000), the department shall submit a written expenditure plan requesting the release of additional funding pursuant to this section to the Department of Finance and the Joint Legislative Budget Committee. The Department of Finance may provide funds not sooner than 30 days after notifying, in writing, the Joint Legislative Budget Committee, or any lesser time determined by the chairperson of the joint committee, or the chairperson’s designee. (2) The department shall not disburse the entire loan amount in one lump sum, but shall disburse the loan amount pursuant to a loan disbursement schedule established pursuant to paragraph (3) of subdivision (c). (c) The department may enter into a loan agreement with the borrower. In addition to any terms and conditions determined necessary by the department, the loan agreement shall include all of the following: (1) (A) A covenant by the borrower that it shall take all steps necessary to secure a grant or other funds available for the operation of a nuclear powerplant from the United States Department of Energy, and any other potentially available federal funds, to repay the loan. (B) If the operator is not deemed eligible by the United States Department of Energy for a federal funding program by March 1, 2023, or the earliest date set by the Department of Energy for determining eligibility pursuant to the Civil Nuclear Credit Program established by Section 18753 of Title 42 of the United States Code, the operator shall return all unexpended and uncommitted loan moneys and the department shall immediately terminate the loan. (2) An interest rate that the department may charge, set at a rate less than the Pooled Money Investment Account rate. (3) A provision that the loan shall be provided in tranches, with any disbursements following the initial disbursement made contingent upon the semiannual true-up review pursuant to Section 25548.4, and which shall be based on milestones set forth in annual plans for the purpose of project costs, operations and maintenance, internal and external labor, capital improvement costs, fuel purchase, fuel storage, regulatory compliance costs, transition fees, and other expenses associated with the extension of the operating periods and current expiration dates, to cover incremental costs incurred by the borrower in its efforts to extend the operating period. Covered costs shall be limited to those necessary to preserve the option of extending the Diablo Canyon powerplant or to extend the Diablo Canyon powerplant’s operation to maintain electrical reliability. (4) Events that would trigger loan repayment obligations by the borrower, including, but not limited to, any of the following: (A) Failure of the borrower to submit a timely and complete application for funding from the Department of Energy for determining eligibility pursuant to the Civil Nuclear Credit Program established by Section 18753 of Title 42 of the United States Code. (B) Failure to disclose to the department any known safety risk, seismic risk, environmental hazard, or material defect that would disqualify the application of the borrower for grants or funds for the operation of a nuclear powerplant from a funding program of the United States Department of Energy or otherwise disallow or substantially delay any necessary permitting or approvals necessary for the extension of operating the Diablo Canyon powerplant. (C) A change in ownership of the Diablo Canyon powerplant, as determined by the Public Utilities Commission pursuant to Section 851 of the Public Utilities Code, before August 26, 2025. (5) Events that would trigger a suspension or early termination of the loan agreement, including, but not limited to, any of the following: (A) A determination by the department that the borrower has not obtained the necessary license renewal, permits, and approvals. (B) A determination by the department that license renewal, permit, or approval conditions are too onerous, or will generate costs that exceed the maximum amount of loan authorized pursuant to paragraph (1) of subdivision (b). (C) A determination by the Public Utilities Commission that an extension of the Diablo Canyon powerplant is not cost effective or imprudent, or both. (D) A determination by the commission, pursuant to Section 25233.2 and voted upon at a commission’s business meeting, that the state’s forecasts for the calendar years 2024 to 2030, inclusive, do not show reliability deficiencies if the Diablo Canyon powerplant is retired by 2025, or that extending the Diablo Canyon powerplant to at least 2030 is not necessary for meeting any potential supply deficiency. (E) A unexpected early retirement of the Diablo Canyon powerplant. (F) A determination by the department that permitted timeframes are not viable to accomplish the purposes of this chapter. (G) A determination by the department that expenses are unexpected or too large, or that repayment is less likely than initially anticipated. (H) A final determination by the United States Department of Energy that the Diablo Canyon powerplant is not eligible for the Civil Nuclear Credit Program established by Section 18753 of Title 42 of the United States Code. (6) Conditions that would result in forgiveness, in whole or in part, of the loan by the department, provided that any amount forgiven is limited to amounts already committed or incurred and that any unspent or uncommitted remainder of the loan proceeds is required to be repaid. (7) No loan proceeds shall be treated as shareholder profits or be paid out as dividends. (8) A provision prohibiting shareholder dividends from being deemed eligible costs under the loan. (9) A covenant that, if the United States Nuclear Regulatory Commission or any state agency requires, during the process of relicensing the Diablo Canyon powerplant, seismic safety or other safety modifications to the powerplant that would exceed the loan amount specified in paragraph (1) of subdivision (a), any application or approval to extend the operation period the commission shall promptly evaluate whether the extension of the Diablo Canyon powerplant remains a cost-effective means to meet California’s mid-term reliability needs, before any subsequent authorization and appropriation by the Legislature of an amount in excess of the loan amount. (10) A covenant that the operator shall allocate all revenues received as a result of federal or state tax credits or incentives, excluding funds specifically allocated by a federal program for the costs of extending power plant operations, on a cost-share basis of 10 and 90 percent between the operator corporation and ratepayers of a load-serving entity responsible for the costs of the continued operation, respectively. (11) A covenant addressing circumstances in which the operator must indemnify the department and the state for liability associated with the Diablo Canyon powerplant. (12) A covenant requiring the operator to comply with the conditions specified in Section 25548.7. (13) A covenant that the operator shall conduct an updated seismic assessment. (14) A covenant that the operator shall commission a study by independent consultants to catalog and evaluate any deferred maintenance at the Diablo Canyon powerplant and to provide recommendations as to any risk posed by the deferred maintenance, potential remedies, and cost estimates of those remedies, and a timeline for undertaking those remedies. (15) A covenant that the operator shall report to the commission no later than March 1, 2023, on the available capacity of existing wet and dry spent fuel storage facilities and the forecasted amount of spent fuel that will be generated by powerplant operations through the retirement dates for both units as of August 1, 2022, and November 1, 2029, for Unit 1 and November 1, 2030, for Unit 2. (16) A monthly performance-based disbursement equal to seven dollars ($7) for each megawatthour generated by the Diablo Canyon powerplant during the period before the start of extended operations. The disbursement is contingent upon the operator’s ongoing pursuit of an extension of the operating period and continued safe and reliable Diablo Canyon powerplant operations. (d) Except for this section and the loan agreement provided for under subdivision (c), notwithstanding Section 11019 of the Government Code or any other law, the department may disburse the tranches of funds specified in paragraph (3) of subdivision (c) to the borrower in advance of the borrower having committed to, or incurred, eligible costs. (Added by Stats. 2022, Ch. 239, Sec. 5. (SB 846) Effective September 2, 2022.)
  31. 25548.4.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.3. Diablo Canyon Powerplant [25548 - 25548.8] ( Chapter 6.3 added by Stats. 2022, Ch. 239, Sec. 5. )

    Verify source ↗

    The department must create a review process for loan proceeds within 180 days and, if disallowed costs are found, notify the borrower and try to recoup them.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.3. Diablo Canyon Powerplant [25548 - 25548.8] ( Chapter 6.3 added by Stats. 2022, Ch. 239, Sec. 5. ) ## 25548.4. (a) Within 180 days after the date of the loan agreement, the department, in collaboration with the Public Utilities Commission, shall establish a methodology and process for it to conduct a semiannual true-up review of the borrower’s use of loan proceeds. (b) The purpose of the true-up review shall be to determine all of the following: (1) Whether the borrower used loan proceeds to pay only for eligible costs. (2) Whether the eligible costs were reasonable. (3) Whether the costs are in the public interest. (4) Whether the Public Utilities Commission has not authorized rate recovery of the same costs. (5) Other considerations deemed appropriate by the Public Utilities Commission. (c) The review shall demonstrate the operator did not retain any revenues for shareholders from funds associated with the loan. (d) If, upon completing a true-up review, the department determines that the borrower’s use of loan proceeds did not meet the requirements set forth in subdivision (b), those amounts shall be deemed disallowed costs. (e) If the department finds disallowed costs pursuant to subdivision (c), the department shall notify the borrower of the amount of disallowed costs as promptly as possible and the department shall take action to recoup the disallowed costs pursuant to the loan agreement. (Added by Stats. 2022, Ch. 239, Sec. 5. (SB 846) Effective September 2, 2022.)
  32. 25548.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.3. Diablo Canyon Powerplant [25548 - 25548.8] ( Chapter 6.3 added by Stats. 2022, Ch. 239, Sec. 5. )

    Verify source ↗

    This section lets the department take a range of actions to carry out the chapter, and requires the operator and state entities to cooperate in facilitating the operating-period extension.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.3. Diablo Canyon Powerplant [25548 - 25548.8] ( Chapter 6.3 added by Stats. 2022, Ch. 239, Sec. 5. ) ## 25548.5. (a) The department may do any of the following as may be, in the determination of the department, necessary or appropriate for purposes of this chapter: (1) Enter into one or more agreements with the Public Utilities Commission or other state agencies to facilitate the true-up reviews required by Section 25548.4, facilitate extension of the operating period, and further the purposes of this chapter. (2) Engage the services of private parties to render professional and technical assistance and advice and other services in carrying out the purposes of this chapter. (3) Contract for the services of other public agencies. (4) Engage in activities or enter into contracts or arrangements as may be necessary or desirable to carry out the department’s duties and responsibilities pursuant to this chapter. (5) Hire personnel necessary and desirable for the timely and successful implementation and administration of the department’s duties and responsibilities pursuant to this chapter. The State Personnel Board and the Department of Human Resources shall assist the department in expediting that hiring. (6) Disburse funds to reimburse the department for the costs incurred in the administration of this chapter, which shall equal no more than 5 percent of the amount of funds disbursed. (b) Contracts entered into pursuant to this chapter, amendments to those contracts during their terms, or contracts for services reasonably related to those contracts, shall not be subject to competitive bidding or any other state contracting requirements, shall not require the review, consent, or approval of the Department of General Services or any other state department or agency, and are not subject to the requirements of the State Contracting Manual or the Public Contract Code. (c) Any loan agreement entered into pursuant to this chapter is not a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000)). (d) The powers and responsibilities of the department established pursuant to this chapter are separate from, and not governed by, the provisions relating to the State Water Resources Development System. (e) All state agencies and other state entities, and their officers and employees, shall and are hereby authorized to, at the request of the department, give the department reasonable assistance or other cooperation in carrying out the purposes of this chapter. (f) In accordance with the purposes of the loan and this chapter, the operator shall take all steps necessary to facilitate the extension of the operating period, including submitting applications for required federal and state agency approvals, notwithstanding Public Utilities Commission Decision 18-01-022 (January 16, 2018) Decision Approving Retirement of Diablo Canyon Nuclear Power Plant and pending further actions by the Public Utilities Commission. (Added by Stats. 2022, Ch. 239, Sec. 5. (SB 846) Effective September 2, 2022.)
  33. 25548.6.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.3. Diablo Canyon Powerplant [25548 - 25548.8] ( Chapter 6.3 added by Stats. 2022, Ch. 239, Sec. 5. )

    Verify source ↗

    This section creates the Diablo Canyon Extension Fund and directs how money in it is handled, including loans, appropriations, transfers, and disbursements.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.3. Diablo Canyon Powerplant [25548 - 25548.8] ( Chapter 6.3 added by Stats. 2022, Ch. 239, Sec. 5. ) ## 25548.6. (a) The Diablo Canyon Extension Fund is hereby established within the State Treasury. The moneys in the fund shall be available to the department for the administration and implementation of this chapter. (b) Repayments of the loan authorized under Section 25548.3 shall be deposited into the fund and shall remain available for further disbursement subject to subdivision (a) of Section 25548.3. (c) Notwithstanding Section 13340 of the Government Code, the moneys in the fund are continuously appropriated to the department for purposes of this chapter. (d) The fund and the moneys in the fund are separate and distinct from any other funds and moneys administered by the department. (e) Upon the early termination of, or full repayment of, the loan, all moneys remaining in the Diablo Canyon Extension Fund shall be transferred to the General Fund and subdivision (a), (c), and (d) shall become inoperative. (f) The Department of Finance shall allocate up to six hundred million dollars ($600,000,000), pursuant to Section 25548.3, from the General Fund as loans to the Department of Water Resources for deposit into the Diablo Canyon Extension Fund. The Department of Water Resources may disburse moneys from the Diablo Canyon Extension Fund to the operator of the Diablo Canyon powerplant under a loan agreement pursuant to Section 25548.3. At the direction of the Department of Water Resources, the Controller shall draw a warrant for this purpose. (Added by Stats. 2022, Ch. 239, Sec. 5. (SB 846) Effective September 2, 2022.)
  34. 25548.7.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.3. Diablo Canyon Powerplant [25548 - 25548.8] ( Chapter 6.3 added by Stats. 2022, Ch. 239, Sec. 5. )

    Verify source ↗

    The chapter says continued operation of the Diablo Canyon powerplant is for the public welfare and safety, and that the chapter should be read broadly to carry out its purposes.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.3. Diablo Canyon Powerplant [25548 - 25548.8] ( Chapter 6.3 added by Stats. 2022, Ch. 239, Sec. 5. ) ## 25548.7. Continued operation of the Diablo Canyon powerplant as provided in this chapter is in all respects for the welfare and the benefit of the people of the state, to protect public peace, health, and safety, and constitutes an essential governmental purpose. This chapter shall be liberally construed in a manner so as to effectuate its purposes and objectives. (Added by Stats. 2022, Ch. 239, Sec. 5. (SB 846) Effective September 2, 2022.)
  35. 25548.8.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.3. Diablo Canyon Powerplant [25548 - 25548.8] ( Chapter 6.3 added by Stats. 2022, Ch. 239, Sec. 5. )

    Verify source ↗

    The department must submit a biannual report on the loan status, with required contents, by February 1 and August 1 each year through 2030.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.3. Diablo Canyon Powerplant [25548 - 25548.8] ( Chapter 6.3 added by Stats. 2022, Ch. 239, Sec. 5. ) ## 25548.8. (a) The department, in consultation with the Public Utilities Commission and the commission, shall provide a biannual report, on or before February 1 and August 1 of each year until December 31, 2030, to the relevant budget and policy committees of both houses of the Legislature on the status of the loan authorized pursuant to this chapter from the Diablo Canyon Extension Fund established pursuant to Section 25548.6. (b) Each biannual report shall include, at minimum, all of the following: (1) The amount of the loan that has been distributed to the borrower. (2) A detailed listing of the eligible uses of the loan that have been allowed, and those that have been deemed disallowed, as part of the required semiannual true-up review, pursuant to Section 25548.4. (3) The amount of the unpaid loan balance. (4) The most recent forecast of the amounts that may be repaid from the loan. (5) A detailed listing of efforts to secure federal funding and their status, including, if applicable, the expected date of any awards. (6) The status of the current expected shortfall of funds that may need to be absorbed by the general fund or other sources of funding. (c) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2033. (Added by Stats. 2024, Ch. 72, Sec. 42. (SB 156) Effective July 2, 2024. Repealed as of January 1, 2033, by its own provisions.)
  36. 25550.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.5. Natural Gas Rating and Tracking [25550 - 25555] ( Chapter 6.5 added by Stats. 2016, Ch. 340, Sec. 38. ) ## ARTICLE 1. Definitions [25550- 25550.] ( Article 1 added by Stats. 2016, Ch. 340, Sec. 38. )

    Verify source ↗

    This section defines key terms used in the chapter on natural gas rating and tracking.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.5. Natural Gas Rating and Tracking [25550 - 25555] ( Chapter 6.5 added by Stats. 2016, Ch. 340, Sec. 38. ) ## ARTICLE 1. Definitions [25550- 25550.] ( Article 1 added by Stats. 2016, Ch. 340, Sec. 38. ) ## 25550. For purposes of this chapter, the following definitions apply: (a) “Buyer of natural gas” means a gas corporation, local publicly owned gas utility, noncore gas customer, or core transport agent. (b) “Core transport agent” has the same meaning as set forth in subdivision (b) of Section 980 of the Public Utilities Code. (c) “Division” means the Geologic Energy Management Division. (d) “Gas corporation” has the same meaning as set forth in Section 222 of the Public Utilities Code. (e) “Natural gas infrastructure” means a natural gas facility used for the production, gathering and boosting, processing, transmission, storage, or distribution necessary for the delivery of natural gas to end-use customers in California. (f) “Noncore gas customer” means an entity that procures directly from natural gas producers or natural gas marketers and is not a gas corporation or local publicly owned gas utility. (g) “Procure” means to acquire through ownership or contract. (h) “Tracking” means using a system that communicates the pathway of a given volume of natural gas from its initial production to its delivery to end-use customers in this state. (Amended by Stats. 2019, Ch. 771, Sec. 18. (AB 1057) Effective January 1, 2020.)
  37. 25555.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 6.5. Natural Gas Rating and Tracking [25550 - 25555] ( Chapter 6.5 added by Stats. 2016, Ch. 340, Sec. 38. ) ## ARTICLE 2. Natural Gas Tracking System [25555- 25555.] ( Article 2 added by Stats. 2016, Ch. 340, Sec. 38. )

    Verify source ↗

    The State Air Resources Board must develop a methane emissions model for natural gas infrastructure, in consultation 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 6.5. Natural Gas Rating and Tracking [25550 - 25555] ( Chapter 6.5 added by Stats. 2016, Ch. 340, Sec. 38. ) ## ARTICLE 2. Natural Gas Tracking System [25555- 25555.] ( Article 2 added by Stats. 2016, Ch. 340, Sec. 38. ) ## 25555. The State Air Resources Board, in consultation with the commission, shall develop a model of fugitive and vented emissions of methane from natural gas infrastructure. The model shall do all of the following: (a) Quantify emissions from specific natural gas infrastructure. (b) Incorporate the current condition and current management practices of specific natural gas infrastructure. (c) Incorporate natural gas industry best management practices established by the Public Utilities Commission pursuant to Section 975 of the Public Utilities Code for gas corporations, by the United States Environmental Protection Agency, by the division, and by other relevant entities. (Amended by Stats. 2024, Ch. 353, Sec. 25. (AB 1533) Effective January 1, 2025.)
  38. 25600.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7. Research and Development [25600 - 25619] ( Chapter 7 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    This section defines several solar- and thermal-system 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 7. Research and Development [25600 - 25619] ( Chapter 7 added by Stats. 1974, Ch. 276. ) ## 25600. As used in this chapter: (a) “Passive thermal system” means a system which utilizes the structural elements of a building and is not augmented by mechanical components to provide for collection, storage and distribution of solar energy or coolness. (b) “Semipassive thermal system” means a system which utilizes the structural elements of a building and is augmented by mechanical components to provide for collection, storage, and distribution of solar energy or coolness. (c) “Solar device” means the equipment associated with the collection, transfer, distribution, storage, and control of solar energy. (d) “Solar system” means the integrated use of solar devices for the functions of collection, transfer, storage, and distribution of solar energy. (e) “Standard” means a specification of design, performance, and procedure, or of the instrumentation, equipment, surrounding conditions, and skills required during the conduct of a procedure. (Added by Stats. 1977, Ch. 1081.)
  39. 25601.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7. Research and Development [25600 - 25619] ( Chapter 7 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    The commission must develop and coordinate an energy research and development program and give priority to research and development of state importance.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7. Research and Development [25600 - 25619] ( Chapter 7 added by Stats. 1974, Ch. 276. ) ## 25601. The commission shall develop and coordinate a program of research and development in energy supply, consumption, and conservation and the technology of siting facilities and shall give priority to those forms of research and development that are of particular importance to the state, including, but not limited to, all of the following: (a) Methods of energy conservation specified in Chapter 5 (commencing with Section 25400). (b) Increased energy use efficiencies of existing thermal electric and hydroelectric powerplants and increased energy efficiencies in designs of thermal electric and hydroelectric powerplants. (c) Expansion and accelerated development of alternative sources of energy, including geothermal and solar resources, including, but not limited to, participation in large-scale demonstrations of alternative energy systems sited in California in cooperation with federal agencies, regional compacts, other state governments, and other participants. For purposes of this subdivision, “participation” shall be defined as any of the following: (1) direct interest in a project; (2) research and development to ensure acceptable resolution of environmental and other impacts of alternative energy systems; (3) research and development to improve siting and permitting methodology for alternative energy systems; (4) experiments using the alternative energy systems; and (5) research and development of appropriate methods to ensure the widespread use of economically useful alternative energy systems. Large-scale demonstrations of alternative energy systems are exemplified by the 100KWe to 100MWe range demonstrations of solar, wind, and geothermal systems contemplated by federal agencies, regional compacts, other state governments, and other participants. (d) Improved methods of construction, design, and operation of facilities to protect against seismic hazards. (e) Improved methods of energy-demand forecasting. (Amended by Stats. 2024, Ch. 353, Sec. 26. (AB 1533) Effective January 1, 2025.)
  40. 25602.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7. Research and Development [25600 - 25619] ( Chapter 7 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    The commission must carry out technical assessment studies on energy and energy-related problems.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7. Research and Development [25600 - 25619] ( Chapter 7 added by Stats. 1974, Ch. 276. ) ## 25602. The commission shall carry out technical assessment studies on all forms of energy and energy-related problems, in order to influence federal research and development priorities and to be informed on future energy options and their impacts, including, in addition to those problems specified in Section 25601, but not limited to, the following: (a) Advanced nuclear powerplant concepts, fusion, and fuel cells. (b) Total energy concepts. (c) New technology related to coastal and offshore siting of facilities. (d) Expanded use of wastewater as cooling water and other advances in powerplant cooling. (e) Improved methods of power transmission to permit interstate and interregional transfer and exchange of bulk electric power. (f) Measures to reduce wasteful and inefficient uses of energy. (g) Shifts in transportation modes and changes in transportation technology in relation to implications for energy consumption. (h) Methods of recycling, extraction, processing, fabricating, handling, or disposing of materials, especially materials which require large commitments of energy. (i) Expanded recycling of materials and its effect on energy consumption. (j) Implications of government subsidies and taxation and ratesetting policies. (k) Utilization of waste heat. (l) Use of hydrogen as an energy form. (m) Use of agricultural products, municipal wastes, and organic refuse as an energy source. Such assessments may also be conducted in order to determine which energy systems among competing technologies are most compatible with standards established pursuant to this division. (Added by renumbering Section 25601 by Stats. 1977, Ch. 1081.)
  41. 25603.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7. Research and Development [25600 - 25619] ( Chapter 7 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    The commission must work with other state agencies to help design, construct, and operate energy-conserving buildings for research purposes.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7. Research and Development [25600 - 25619] ( Chapter 7 added by Stats. 1974, Ch. 276. ) ## 25603. For research purposes, the commission shall, in cooperation with other state agencies, participate in the design, construction, and operation of energy-conserving buildings using data developed pursuant to Section 25401, in order to demonstrate the economic and technical feasibility of such designs. (Added by renumbering Section 25602 by Stats. 1977, Ch. 1081.)
  42. 25605.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7. Research and Development [25600 - 25619] ( Chapter 7 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    The commission must adopt solar-device regulations by November 1, 1978, and may include testing, inspection, certification, enforcement, and sale restrictions.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7. Research and Development [25600 - 25619] ( Chapter 7 added by Stats. 1974, Ch. 276. ) ## 25605. On or before November 1, 1978, the commission shall develop and adopt, in cooperation with affected industry and consumer representatives, and after one or more public hearings, regulations governing solar devices. The regulations shall be designed to encourage the development and use of solar energy and to provide maximum information to the public concerning solar devices. The regulations may include, but need not be limited to, any or all of the following: (a) Standards for testing, inspection, certification, sizing, and installation of solar devices. (b) Provisions for the enforcement of the standards. Such provisions may include any or all of the following: (1) Procedures for the accreditation by the commission of laboratories to test and certify solar devices. (2) Requirements for onsite inspection of solar devices, including specifying methods for inspection, to determine compliance or noncompliance with the standards. (3) Requirements for submission to the commission of any data resulting from the testing and inspection of solar devices. (4) Prohibitions on the sale of solar devices that do not meet minimum requirements for safety and durability as established by the commission. (5) Dissemination of the results of the testing, inspection, and certification program to the public. (c) In adopting the regulations, the commission shall give due consideration to their effect on the cost of purchasing, installing, operating, and maintaining solar devices. The commission shall reassess the regulations as often as it deems necessary, based on the value of the regulations in terms of benefits and disadvantages to the widespread adoption of solar energy systems and the need to encourage creativity and innovative adaptations of solar energy. The commission may amend or repeal these regulations based on such reassessment. (d) The commission shall not preclude a person from developing, installing, or operating a solar device on their own property. (e) A violation of a regulation adopted by the commission pursuant to this section may be enjoined in the same manner as is prescribed in Chapter 10 (commencing with Section 25900) for enjoining a violation of this division. (Amended by Stats. 2024, Ch. 353, Sec. 28. (AB 1533) Effective January 1, 2025.)
  43. 25605.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7. Research and Development [25600 - 25619] ( Chapter 7 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    Some commission-adopted building standards must be submitted for State Building Standards Commission approval, and published building standards must comply with Section 25605 and be enforced as that section provides.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7. Research and Development [25600 - 25619] ( Chapter 7 added by Stats. 1974, Ch. 276. ) ## 25605.5. Standards adopted by the commission pursuant to Section 25605, which are building standards as defined in Section 25488.5, shall be submitted to the State Building Standards Commission for approval pursuant to, and are 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 comply with, and be enforced as provided in, Section 25605. (Amended by Stats. 1994, Ch. 1145, Sec. 21. Effective January 1, 1995.)
  44. 25608.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7. Research and Development [25600 - 25619] ( Chapter 7 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    The commission must confer with specified federal agency officials to coordinate the adoption of regulations under Sections 25603 and 25605.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7. Research and Development [25600 - 25619] ( Chapter 7 added by Stats. 1974, Ch. 276. ) ## 25608. The commission shall confer with officials of federal agencies, including the National Aeronautics and Space Administration, the National Institute of Standards and Technology, the Department of Energy, and the Department of Housing and Urban Development, to coordinate the adoption of regulations pursuant to Sections 25603 and 25605. (Amended by Stats. 1994, Ch. 1145, Sec. 24. Effective January 1, 1995.)
  45. 25609.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7. Research and Development [25600 - 25619] ( Chapter 7 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    The commission may set when regulations under this chapter take effect, including using different effective dates for different regulations.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7. Research and Development [25600 - 25619] ( Chapter 7 added by Stats. 1974, Ch. 276. ) ## 25609. The commission may, in adopting regulations pursuant to this chapter, specify the date when the regulations shall take effect. The commission may specify different dates for different regulations. (Added by Stats. 1977, Ch. 1081.)
  46. 25609.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7. Research and Development [25600 - 25619] ( Chapter 7 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    The effective dates of building standards adopted by the commission under Section 25609 must be approved under the State Building Standards Law.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7. Research and Development [25600 - 25619] ( Chapter 7 added by Stats. 1974, Ch. 276. ) ## 25609.5. The effective dates of building standards adopted by the commission pursuant to Section 25609 are subject to approval pursuant to the provisions of the State Building Standards Law, Part 2.5 (commencing with Section 18901) of Part 13 of the Health and Safety Code. (Added by Stats. 1979, Ch. 1152.)
  47. 25610.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7. Research and Development [25600 - 25619] ( Chapter 7 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    The commission may hire people for materials and services it or other state agencies cannot perform, and may apply for federal grants or other funding.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7. Research and Development [25600 - 25619] ( Chapter 7 added by Stats. 1974, Ch. 276. ) ## 25610. For purposes of carrying out the provisions of this chapter, the commission may contract with any person for materials and services that cannot be performed by its staff or other state agencies, and may apply for federal grants or any other funding. (Added by renumbering Section 25604 by Stats. 1977, Ch. 1081.)
  48. 25616.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7. Research and Development [25600 - 25619] ( Chapter 7 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    The commission must provide technical assistance and grants-in-aid to help local agencies with energy project siting and energy-efficiency planning, subject to available appropriated funds, and must provide assistance when local agencies request it.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7. Research and Development [25600 - 25619] ( Chapter 7 added by Stats. 1974, Ch. 276. ) ## 25616. (a) It is the intent of the Legislature to encourage local agencies to expeditiously review permit applications to site energy projects, and to encourage energy project developers to consider all cost-effective and environmentally superior alternatives that achieve their project objectives. (b) Subject to the availability of funds appropriated therefor, the commission shall provide technical assistance and grants-in-aid to assist local agencies to do either or both of the following: (1) Site energy production or transmission projects which are not otherwise subject to the provisions of Chapter 6 (commencing with Section 25500). (2) Integrate into their planning processes, and incorporate into their general plans, methods to achieve cost-effective energy efficiency. (c) The commission shall provide assistance at the request of local agencies. (d) As used in this section, an energy project is any project designed to produce, convert, or transmit energy as one of its primary functions. (Amended by Stats. 2016, Ch. 78, Sec. 8. (AB 2605) Effective January 1, 2017.)
  49. 25617.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7. Research and Development [25600 - 25619] ( Chapter 7 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    The commission must, within available funds, provide technical assistance and support for developing zero-emission fuels, fueling infrastructure, and fuel transportation technologies.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7. Research and Development [25600 - 25619] ( Chapter 7 added by Stats. 1974, Ch. 276. ) ## 25617. (a) It is the intent of the Legislature to preserve diversity of clean energy resources, including diversity of resources used in electric generation facilities, industrial and commercial applications, and transportation. (b) The commission shall, within the limits of available funds, provide technical assistance and support for the development of zero-emission fuels, zero-emission fueling infrastructure, and zero-emission fuel transportation technologies. That technical assistance and support may include the creation of research, development, and demonstration programs. (Amended by Stats. 2020, Ch. 120, Sec. 1. (SB 895) Effective January 1, 2021.)
  50. 25618.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7. Research and Development [25600 - 25619] ( Chapter 7 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    The commission must support development and commercialization of ultra low- and zero-emission electric vehicles, advanced batteries, and related maintenance/fueling infrastructure in California.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7. Research and Development [25600 - 25619] ( Chapter 7 added by Stats. 1974, Ch. 276. ) ## 25618. (a) The commission shall facilitate development and commercialization of ultra low- and zero-emission electric vehicles and advanced battery technologies, as well as development of an infrastructure to support maintenance and fueling of those vehicles in California. Facilitating commercialization of ultra low- and zero-emission electric vehicles in California shall include, but not be limited to, the following: (1) The commission may, in cooperation with county, regional, and city governments, the state’s public and private utilities, and the private business sector, develop plans for accelerating the introduction and use of ultra low- and zero-emission electric vehicles throughout California’s air quality nonattainment areas, and for accelerating the development and implementation of the necessary infrastructure to support the planned use of those vehicles in California. These plans shall be consistent with, but not limited to, the criteria for similar efforts contained in federal loan, grant, or matching fund projects. (2) In coordination with other state agencies, the commission shall seek to maximize the state’s use of federal programs, loans, and matching funds available to states for ultra low- and zero-emission electric vehicle development and demonstration programs, and infrastructure development projects. (b) Priority for implementing demonstration projects under this section shall be directed toward those areas of the state currently in a nonattainment status with federal and state air quality regulations. (Added by Stats. 1991, Ch. 939, Sec. 3.)
  51. 25619.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7. Research and Development [25600 - 25619] ( Chapter 7 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    The commission must provide grants to listed qualified counties for renewable-energy planning and permitting work, and it may also fund staff training within a 1% cap.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7. Research and Development [25600 - 25619] ( Chapter 7 added by Stats. 1974, Ch. 276. ) ## 25619. (a) For purposes of this section, “qualified counties” means the Counties of Fresno, Imperial, Inyo, Kern, Kings, Los Angeles, Madera, Merced, Riverside, San Bernardino, San Diego, San Joaquin, San Luis Obispo, Stanislaus, and Tulare. (b) The commission shall provide up to seven million dollars ($7,000,000) in grants to qualified counties for the development or revision of rules and policies, including, but not limited to, general plan elements, zoning ordinances, and a natural community conservation plan as a plan participant, that facilitate the development of eligible renewable energy resources, and their associated electric transmission facilities, and the processing of permits for eligible renewable energy resources. The commission may allocate not more than 1 percent of appropriated funds to provide training to county planning staff to facilitate the siting and permitting of eligible renewable energy resources. A general plan element or zoning ordinance that is adopted or revised pursuant to this section shall be completed within two years of receipt of the grant and shall be consistent with the conservation strategies of any natural community conservation plan if one has been approved, or is under development, pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code). For counties within the Desert Renewable Energy Conservation Plan planning area, the commission may award a grant to a county only if the county meets one of the following conditions: (1) The county is a “plan participant,” as defined by paragraph (1) of subdivision (j) of Section 2805 of the Fish and Game Code, in the Desert Renewable Energy Conservation Plan. (2) The county enters into a memorandum of understanding with the commission in which the county agrees to participate in the development of a natural community conservation plan for the purpose of ensuring that the natural community conservation plan can achieve the goals set forth in the planning agreement entered into pursuant to Section 2810 of the Fish and Game Code, that is dated May 2010, for the preparation of a natural community conservation plan, in a manner that is consistent with the applicable policies of the county. (c) In its initial round of grant funding, the commission shall establish a preference for a grant to a qualified county in an amount that is adequate to develop a renewable energy element in its general plan that will facilitate the development and siting of eligible renewable energy resources that utilize multiple renewable energy technologies. The commission shall also establish a preference for a grant for those counties that have experience in geothermal energy development and have adopted a geothermal element, as defined in Section 25133, to its general plan. (d) The commission shall only implement this section upon receiving a specific appropriation for the purposes of this section by the Legislature from the Renewable Resources Trust Fund or other funds from the Energy Resources Program Account. (Amended by Stats. 2012, Ch. 601, Sec. 1. (AB 1255) Effective September 27, 2012.)
  52. 25620.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.1. Public Interest Energy Research, Demonstration,and Development Program [25620 - 25620.15] ( Chapter 7.1 added by Stats. 1997, Ch. 905, Sec. 2. )

    Verify source ↗

    The Legislature states policy findings supporting public interest energy research, development, and demonstration in California.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.1. Public Interest Energy Research, Demonstration,and Development Program [25620 - 25620.15] ( Chapter 7.1 added by Stats. 1997, Ch. 905, Sec. 2. ) ## 25620. The Legislature hereby finds and declares all of the following: (a) It is in the best interests of the people of this state that the quality of life of its citizens be improved by providing environmentally sound, safe, reliable, and affordable energy services and products. (b) To improve the quality of life of this state’s citizens, it is proper and appropriate for the state to undertake public interest energy research, development, and demonstration projects that are not adequately provided for by competitive and regulated energy markets. (c) Public interest energy research, demonstration, and development projects should advance energy science or technologies of value to California citizens and should be consistent with the policies of this chapter. (d) It is in the best interest of the people of California for the commission to positively contribute to the overall economic climate of the state within the roles and responsibilities of the commission as defined by statute, regulation, and other official government authority, including, but not limited to, providing economic benefits to California-based entities. (Amended by Stats. 2008, Ch. 537, Sec. 3. Effective January 1, 2009.)
  53. 25620.1.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.1. Public Interest Energy Research, Demonstration,and Development Program [25620 - 25620.15] ( Chapter 7.1 added by Stats. 1997, Ch. 905, Sec. 2. )

    Verify source ↗

    The commission must develop, implement, and administer the Public Interest Research, Development, and Demonstration Program.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.1. Public Interest Energy Research, Demonstration,and Development Program [25620 - 25620.15] ( Chapter 7.1 added by Stats. 1997, Ch. 905, Sec. 2. ) ## 25620.1. (a) The commission shall develop, implement, and administer the Public Interest Research, Development, and Demonstration Program that is hereby created. The program shall include a full range of research, development, and demonstration activities that, as determined by the commission, are not adequately provided for by competitive and regulated markets. The commission shall administer the program consistent with the policies of this chapter. (b) The general goal of the program is to develop, and help bring to market, energy technologies that provide increased environmental benefits, greater system reliability, and lower system costs, and that provide tangible benefits to electric utility customers through the following investments: (1) Advanced transportation technologies that reduce air pollution and greenhouse gas emissions beyond applicable standards, and that benefit electricity and natural gas ratepayers. (2) Increased energy efficiency in buildings, appliances, lighting, and other applications beyond applicable standards, and that benefit electric utility customers. (3) Advanced electricity generation technologies that exceed applicable standards to increase reductions in greenhouse gas emissions from electricity generation, and that benefit electric utility customers. (4) Advanced electricity technologies that reduce or eliminate consumption of water or other finite resources, increase use of renewable energy resources, or improve transmission or distribution of electricity generated from renewable energy resources. (c) To achieve the goals established in subdivision (b), the commission shall adopt a portfolio approach for the program that does all of the following: (1) Effectively balances the risks, benefits, and time horizons for various activities and investments that will provide tangible energy or environmental benefits for California electricity customers. (2) Emphasizes innovative energy supply and end use technologies, focusing on their reliability, affordability, and environmental attributes. (3) Includes projects that have the potential to enhance transmission and distribution capabilities. (4) Includes projects that have the potential to enhance the reliability, peaking power, and storage capabilities of renewable energy. (5) Demonstrates a balance of benefits to all sectors that contribute to the funding under Section 399.8 of the Public Utilities Code. (6) Addresses key technical and scientific barriers. (7) Demonstrates a balance between short-term, mid-term, and long-term potential. (8) Ensures that prior, current, and future research not be unnecessarily duplicated. (9) Provides for the future market utilization of projects funded through the program. (10) Ensures an open project selection process and encourages the awarding of research funding for a diverse type of research as well as a diverse award recipient base and equally considers research proposals from the public and private sectors. (11) Coordinates with other related research programs. (d) The term “award,” as used in this chapter, may include, but is not limited to, contracts, grants, interagency agreements, loans, and other financial agreements designed to fund public interest research, demonstration, and development projects or programs. (Amended by Stats. 2006, Ch. 512, Sec. 2. Effective September 27, 2006.)
  54. 25620.11.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.1. Public Interest Energy Research, Demonstration,and Development Program [25620 - 25620.15] ( Chapter 7.1 added by Stats. 1997, Ch. 905, Sec. 2. )

    Verify source ↗

    The commission must regularly convene an advisory board, and the board must make recommendations on which programs and projects should be funded 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 7.1. Public Interest Energy Research, Demonstration,and Development Program [25620 - 25620.15] ( Chapter 7.1 added by Stats. 1997, Ch. 905, Sec. 2. ) ## 25620.11. (a) The commission shall regularly convene an advisory board that shall make recommendations to guide the commission’s selection of programs and projects to be funded under this chapter. The advisory board shall include as appropriate, but not be limited to, representatives from the Public Utilities Commission, consumer organizations, environmental organizations, and electrical corporations subject to the funding requirements of Section 381 of the Public Utilities Code. (b) Three members of the Senate, appointed by the Senate President Pro Tempore, and three members of the Assembly, appointed by the Speaker of the Assembly, may meet with the advisory board and participate in its activities to the extent that such participation is not incompatible with their respective positions as Members of the Legislature. (Amended by Stats. 2006, Ch. 512, Sec. 7. Effective September 27, 2006.)
  55. 25620.15.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.1. Public Interest Energy Research, Demonstration,and Development Program [25620 - 25620.15] ( Chapter 7.1 added by Stats. 1997, Ch. 905, Sec. 2. )

    Verify source ↗

    Specified public-interest energy research money must be transferred to a dedicated fund, and up to 10% of certain transferred funds may be awarded to electrical corporations for transmission and distribution research projects.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.1. Public Interest Energy Research, Demonstration,and Development Program [25620 - 25620.15] ( Chapter 7.1 added by Stats. 1997, Ch. 905, Sec. 2. ) ## 25620.15. (a) In order to ensure that prudent investments in research, development, and demonstration of energy efficient technologies continue to produce substantial economic, environmental, public health, and reliability benefits, it is the policy of the state and the intent of the Legislature that funds made available, upon appropriation, for energy related public interest research, development, and demonstration programs shall be used to advance science or technology that is not adequately provided by competitive and regulated markets. (b) Notwithstanding any other provision of law, money collected for public interest research, development, and demonstration pursuant to Section 399.8 of the Public Utilities Code shall be transferred to the Public Interest Research, Development, and Demonstration Fund. Money collected between January 1, 2007, and January 1, 2012, shall be used for the purposes specified in this chapter. (c) In lieu of the Public Utilities Commission retaining funds authorized pursuant to Section 381 of the Public Utilities Code for investments made by electrical corporations in public interest research, development, and demonstration projects for transmission and distribution functions, up to 10 percent of the funds transferred to the commission pursuant to subdivision (b) shall be awarded to electrical corporations for public interest research, development, and demonstration projects for transmission and distribution functions consistent with the policies and subject to the requirements of this chapter. (Added by Stats. 2006, Ch. 512, Sec. 8. Effective September 27, 2006.)
  56. 25620.2.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.1. Public Interest Energy Research, Demonstration,and Development Program [25620 - 25620.15] ( Chapter 7.1 added by Stats. 1997, Ch. 905, Sec. 2. )

    Verify source ↗

    The commission must follow specified procedures when adopting regulations for the program, including public notice, public comments, hearings if requested, and publication of adopted rules.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.1. Public Interest Energy Research, Demonstration,and Development Program [25620 - 25620.15] ( Chapter 7.1 added by Stats. 1997, Ch. 905, Sec. 2. ) ## 25620.2. (a) To ensure the efficient implementation and administration of the Public Interest Research, Development, and Demonstration Program, the commission shall do both of the following: (1) Develop procedures for the solicitation of award applications for project or program funding, and to ensure efficient program management. (2) Evaluate and select programs and projects, based on merit, that will be funded under the program. (b) The commission shall adopt regulations to implement the program, in accordance with the following procedures: (1) Prepare a preliminary text of the proposed regulation and provide a copy of the preliminary text to any person requesting a copy. (2) Provide public notice of the proposed regulation to any person who has requested notice of the regulations prepared by the commission. The notice shall contain all of the following: (A) A clear overview explaining the proposed regulation. (B) Instructions on how to obtain a copy of the proposed regulations. (C) A statement that if a public hearing is not scheduled for the purpose of reviewing a proposed regulation, any person may request, not later than 15 days prior to the close of the written comment period, a public hearing conducted in accordance with commission procedures. (3) Accept written public comments for 30 calendar days after providing the notice required in paragraph (2). (4) Certify that all written comments were read and considered by the commission. (5) Place all written comments in a record that includes copies of any written factual support used in developing the proposed regulation, including written reports and copies of any transcripts or minutes in connection with any public hearings on the adoption of the regulation. The record shall be open to public inspection and available to the courts. (6) Provide public notice of any substantial revision of the proposed regulation at least 15 days prior to the expiration of the deadline for public comments and comment period using the procedures provided in paragraph (2). (7) Conduct public hearings, if a hearing is requested by an interested party, that shall be conducted in accordance with commission procedures. (8) Adopt any proposed regulation at a regularly scheduled and noticed meeting of the commission. The regulation shall become effective immediately unless otherwise provided by the commission. (9) Publish any adopted regulation in a manner that makes copies of the regulation easily available to the public. Any adopted regulation shall also be made available on the Internet. The commission shall transmit a copy of an adopted regulation to the Office of Administrative Law for publication, or, if the commission determines that printing the regulation is impractical, an appropriate reference as to where a copy of the regulation may be obtained. (10) Notwithstanding any other provision of law, this subdivision provides an interim exception from the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code for regulations required to implement Sections 25620.1 and 25620.2 that are adopted under the procedures specified in this subdivision. (11) This subdivision shall become inoperative on January 1, 2012, unless a later enacted statute deletes or extends that date. However, after January 1, 2012, the commission is not required to repeat any procedural step in adopting a regulation that has been completed before January 1, 2012, using the procedures specified in this subdivision. (Amended by Stats. 2006, Ch. 512, Sec. 3. Effective September 27, 2006.)
  57. 25620.3.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.1. Public Interest Energy Research, Demonstration,and Development Program [25620 - 25620.15] ( Chapter 7.1 added by Stats. 1997, Ch. 905, Sec. 2. )

    Verify source ↗

    The commission may give awards and make related arrangements for selected energy research projects, but before any award it must identify expected costs and benefits.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.1. Public Interest Energy Research, Demonstration,and Development Program [25620 - 25620.15] ( Chapter 7.1 added by Stats. 1997, Ch. 905, Sec. 2. ) ## 25620.3. (a) The commission may, consistent with the requirements of this chapter, provide awards to any individual or entity for planning, implementation, and administration of projects or programs selected pursuant to Section 25620.5. (b) The commission may provide an award to a project or program that includes a group of related projects, or to a party who aggregates projects that directly benefit from the award. (c) The commission may establish multiparty agreements. In a multiparty agreement, the commission may be a signatory to a common agreement among two or more parties. These agreements include, but are not limited to, cofunding, leveraged research, collaborations, and membership arrangements. If the commission enters into these agreements, it shall be a party to these agreements and may share in the roles, responsibilities, risks, investments, and results. (d) The commission may issue awards that include the ability to make advance payments to prime contractors, to enable them to make advance payments to a subcontractor that is a federal agency, national laboratory, or state entity, on the condition that the subcontract is binding and enforceable and includes specific performance milestones. (e) The commission may issue awards that include the ability to assign tasks on a work authorization basis. (f) Prior to making any award pursuant to this chapter for a research, development, or demonstration program or project, the commission shall identify the expected costs and any qualitative or quantitative benefits of the proposed program or project. (Amended by Stats. 2002, Ch. 515, Sec. 4. Effective January 1, 2003.)
  58. 25620.4.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.1. Public Interest Energy Research, Demonstration,and Development Program [25620 - 25620.15] ( Chapter 7.1 added by Stats. 1997, Ch. 905, Sec. 2. )

    Verify source ↗

    If intellectual property is developed under this chapter, the State of California gets an equitable share of the rights or benefits, and the commission may decide what share applies.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.1. Public Interest Energy Research, Demonstration,and Development Program [25620 - 25620.15] ( Chapter 7.1 added by Stats. 1997, Ch. 905, Sec. 2. ) ## 25620.4. (a) To the extent that intellectual property is developed under this chapter, an equitable share of rights in the intellectual property or in the benefits derived therefrom shall accrue to the State of California. (b) The commission may determine what share, if any, of the intellectual property, or the benefits derived therefrom, shall accrue to the state. The commission may negotiate sharing mechanisms for intellectual property or benefits with award recipients. (Added by Stats. 1997, Ch. 905, Sec. 2. Effective January 1, 1998.)
  59. 25620.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.1. Public Interest Energy Research, Demonstration,and Development Program [25620 - 25620.15] ( Chapter 7.1 added by Stats. 1997, Ch. 905, Sec. 2. )

    Verify source ↗

    The commission may use several award methods, but must follow stated conditions for sealed bid, competitive negotiation, single source, and sole source awards.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.1. Public Interest Energy Research, Demonstration,and Development Program [25620 - 25620.15] ( Chapter 7.1 added by Stats. 1997, Ch. 905, Sec. 2. ) ## 25620.5. (a) The commission may solicit applications for awards, using a sealed competitive bid, competitive negotiation process, commission-issued intradepartmental master agreement, the methods for selection of professional services firms set forth in Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code, interagency agreement, single source, or sole source method. When scoring teams are convened to review and score proposals, the scoring teams may include persons not employed by the commission, as long as employees of the state constitute no less than 50 percent of the membership of the scoring team. A person participating on a scoring team may not have any conflict of interest with respect to the proposal before the scoring team. (b) A sealed bid method may be used when goods and services to be acquired can be described with sufficient specificity so that bids can be evaluated against specifications and criteria set forth in the solicitation for bids. (c) The commission may use a competitive negotiation process in any of the following circumstances: (1) Whenever the desired award is not for a fixed price. (2) Whenever project specifications cannot be drafted in sufficient detail so as to be applicable to a sealed competitive bid. (3) Whenever there is a need to compare the different price, quality, and structural factors of the bids submitted. (4) Whenever there is a need to afford bidders an opportunity to revise their proposals. (5) Whenever oral or written discussions with bidders concerning the technical and price aspects of their proposals will provide better results to the state. (6) Whenever the price of the award is not the determining factor. (d) The commission may establish interagency agreements. (e) The commission may provide awards on a single source basis by choosing from among two or more parties or by soliciting multiple applications from parties capable of supplying or providing similar goods or services. The cost to the state shall be reasonable and the commission may only enter into a single source agreement with a particular party if the commission determines that it is in the state’s best interests. (f) The commission, in accordance with subdivision (g) and in consultation with the Department of General Services, may provide awards on a sole source basis when the cost to the state is reasonable and the commission makes any of the following determinations: (1) The proposal was unsolicited and meets the evaluation criteria of this chapter. (2) The expertise, service, or product is unique. (3) A competitive solicitation would frustrate obtaining necessary information, goods, or services in a timely manner. (4) The award funds the next phase of a multiphased proposal and the existing agreement is being satisfactorily performed. (5) When it is determined by the commission to be in the best interests of the state. (g) The commission may not use a sole source basis for an award pursuant to subdivision (f), unless both of the following conditions are met: (1) The commission, at least 60 days prior to taking an action pursuant to subdivision (f), notifies the Joint Legislative Budget Committee and the relevant policy committees in both houses of the Legislature, in writing, of its intent to take the proposed action. (2) The Joint Legislative Budget Committee either approves or does not disapprove the proposed action within 60 days from the date of notification required by paragraph (1). (h) The commission shall give priority to California-based entities in making awards pursuant to this chapter. (i) The provisions of this section are severable. If any provision of this section or its application is held to be invalid, that invalidity does not affect other provisions or applications that can be given effect without the invalid provision or application. For purposes of this Section and Section 25620, “California-based entity” means either of the following: A corporation or other business form organized for the transaction of business that has its headquarters in California and manufactures in California the product that qualifies for the incentive or award, or a corporation or other business form organized for the transaction of business that has an office for the transaction of business in California and substantially manufactures in California the product that qualifies for the incentive or award, or substantially develops within California the research that qualifies for the incentive or award, as determined by the agency issuing the incentive or award. (Amended by Stats. 2008, Ch. 537, Sec. 4. Effective January 1, 2009.)
  60. 25620.6.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.1. Public Interest Energy Research, Demonstration,and Development Program [25620 - 25620.15] ( Chapter 7.1 added by Stats. 1997, Ch. 905, Sec. 2. )

    Verify source ↗

    The commission may buy insurance coverage needed to implement an award, after consulting the Department of General Services.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.1. Public Interest Energy Research, Demonstration,and Development Program [25620 - 25620.15] ( Chapter 7.1 added by Stats. 1997, Ch. 905, Sec. 2. ) ## 25620.6. The commission, in consultation with the Department of General Services, may purchase insurance coverage necessary to implement an award. Funding for the purchase of insurance may be made from money in the Public Interest Research, Development, and Demonstration Fund created pursuant to Section 384 of the Public Utilities Code. (Added by Stats. 1997, Ch. 905, Sec. 2. Effective January 1, 1998.)
  61. 25620.7.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.1. Public Interest Energy Research, Demonstration,and Development Program [25620 - 25620.15] ( Chapter 7.1 added by Stats. 1997, Ch. 905, Sec. 2. )

    Verify source ↗

    The commission may hire or obtain technical, scientific, or administrative services or expertise to support the program.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.1. Public Interest Energy Research, Demonstration,and Development Program [25620 - 25620.15] ( Chapter 7.1 added by Stats. 1997, Ch. 905, Sec. 2. ) ## 25620.7. (a) The commission may contract for, or through interagency agreement obtain, technical, scientific, or administrative services or expertise from one or more entities, to support the program. Funding for this purpose shall be made from money in the Public Interest Research, Development, and Demonstration Fund. (b) The commission may select the services or expertise described in subdivision (a), pursuant to Section 25620.5. In the event that contracts or interagency agreements have been made to multiple entities and their subcontractors for similar purposes, the commission may select from among those entities the particular expertise needed for a specified type of work. Selection of the particular expertise may be based solely on a review of qualifications, including the specific expertise required, availability of the expertise, or access to a resource of special relevance to the work, including, but not limited to, a database, model, technical facility, or a collaborative or institutional affiliation that will expedite the quality and performance of the work. (Amended by Stats. 2002, Ch. 515, Sec. 6. Effective January 1, 2003.)
  62. 25620.8.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.1. Public Interest Energy Research, Demonstration,and Development Program [25620 - 25620.15] ( Chapter 7.1 added by Stats. 1997, Ch. 905, Sec. 2. )

    Verify source ↗

    The commission must file an annual report by October 31 each year and must set procedures to protect confidential or proprietary information.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.1. Public Interest Energy Research, Demonstration,and Development Program [25620 - 25620.15] ( Chapter 7.1 added by Stats. 1997, Ch. 905, Sec. 2. ) ## 25620.8. (a) The commission shall prepare and submit to the relevant policy committees of the Legislature and the Joint Legislative Budget Committee an annual report, not later than October 31 of each year, that includes, but is not limited to, all of the following information: (1) Recommendations for improvements in the program. (2) A summary of the Public Interest Research, Development, and Demonstration Program’s impacts and benefits. (3) A summary of how funding is allocated to each of the Public Interest Research, Development, and Demonstration Program’s natural gas investment areas. (4) A description of successful or promising projects funded in each of the Public Interest Research, Development, and Demonstration Program’s natural gas investment areas. (5) A summary of expected Public Interest Research, Development, and Demonstration Program funding initiatives and activities over the next year. (6) Information on Public Interest Research, Development, and Demonstration Program-approved project budgets and benefits, all active projects, and recently completed projects. (7) A description of any recent changes to the Public Interest Research, Development, and Demonstration Program’s spending guidelines or eligible projects. (b) As part of each annual report submitted pursuant to this section, the commission may include information that has been previously provided in reports submitted to the Public Utilities Commission. (c) The commission shall establish procedures for protecting confidential or proprietary information and shall consult with all interested parties in the preparation of each annual report submitted pursuant to this section. (d) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2021, Ch. 115, Sec. 71. (AB 148) Effective July 22, 2021.)
  63. 25620.9.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.1. Public Interest Energy Research, Demonstration,and Development Program [25620 - 25620.15] ( Chapter 7.1 added by Stats. 1997, Ch. 905, Sec. 2. )

    Verify source ↗

    Recipients of funds under this chapter must not spend the money to buy diesel generators, including diesel backup generators, for microgrid deployment projects.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.1. Public Interest Energy Research, Demonstration,and Development Program [25620 - 25620.15] ( Chapter 7.1 added by Stats. 1997, Ch. 905, Sec. 2. ) ## 25620.9. For a project related to the deployment of a microgrid, a recipient of moneys awarded pursuant to this chapter shall not expend those moneys for the purchase of diesel generators, including diesel backup generators. (Added by Stats. 2017, Ch. 476, Sec. 1. (AB 1400) Effective January 1, 2018.)
  64. 25625.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.2. Climate Innovation Program [25625 - 25625.5] ( Chapter 7.2 added by Stats. 2022, Ch. 251, Sec. 11. )

    Verify source ↗

    This chapter may be cited as the Climate Innovation Program.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.2. Climate Innovation Program [25625 - 25625.5] ( Chapter 7.2 added by Stats. 2022, Ch. 251, Sec. 11. ) ## 25625. This chapter shall be known, and may be cited, as the Climate Innovation Program. (Added by Stats. 2022, Ch. 251, Sec. 11. (AB 209) Effective September 6, 2022.)
  65. 25625.1.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.2. Climate Innovation Program [25625 - 25625.5] ( Chapter 7.2 added by Stats. 2022, Ch. 251, Sec. 11. )

    Verify source ↗

    This section defines terms used in the Climate Innovation Program, including California-headquartered company, financial incentive, liquidity event, and regenerative agriculture.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.2. Climate Innovation Program [25625 - 25625.5] ( Chapter 7.2 added by Stats. 2022, Ch. 251, Sec. 11. ) ## 25625.1. For purposes of this chapter, the following definitions apply: (a) “California-headquartered company” means a corporation or other business form organized for the transaction of business that has its headquarters in California. For multinational corporations, the term means the United States-based headquarters is in California. For purposes of this definition, headquarters means the location where the corporation’s executive management and key managerial and support staff are located, and from where the corporation is managed. (b) “Climate Innovation Program” means the activities described in this chapter. (c) “Financial incentive” includes, but is not limited to, a contract, grant, or other appropriate funding measure. (d) (1) “Liquidity Event” means an event during the term of a financial incentive under this program, or within 10 years after the financial incentive ends for any reason, in which the recipient has an Initial Public Offering. (2) If the recipient has a change in ownership that results in a greater than 50- percent change in the company’s capitalization table the commission, at its sole discretion, may determine that the particular change in ownership constitutes a “Liquidity Event”. The change in ownership that results in greater than 50-percent change in the company’s capitalization table includes both single-event changes or cumulative changes greater than 50-percent. (3) In the case of a recipient whose stock is publicly traded before receiving the financial incentive, the commission may determine alternate conditions that would constitute a “liquidity event.” (e) “Regenerative agriculture” means agricultural practices that focus on the health of the ecological system as a whole and not solely on high-production yields. (Added by Stats. 2022, Ch. 251, Sec. 11. (AB 209) Effective September 6, 2022.)
  66. 25625.2.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.2. Climate Innovation Program [25625 - 25625.5] ( Chapter 7.2 added by Stats. 2022, Ch. 251, Sec. 11. )

    Verify source ↗

    The commission must run the Climate Innovation Program and give financial incentives to qualifying California-headquartered companies, with reporting, website posting, and repayment terms attached.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.2. Climate Innovation Program [25625 - 25625.5] ( Chapter 7.2 added by Stats. 2022, Ch. 251, Sec. 11. ) ## 25625.2. (a) The commission shall establish and administer the Climate Innovation Program to provide financial incentives to California-headquartered companies for developing and commercializing technologies that provide technological advancements that either help California meet its greenhouse gas reduction targets and achieve its climate goals on an accelerated timeline and at a lower cost, or enable the state to be more resilient to the impacts of climate change such as drought and wildfire. (b) In administering the Climate Innovation Program, the commission shall do all of the following: (1) Award funds to California-headquartered companies. (2) (A) Award funds to research teams consisting of California-headquartered companies working jointly with California public university students, faculty, or researchers at a University of California or a California State University facility, including innovation hubs, Innovation and Entrepreneurship Centers, or California Institutes for Sciences and Innovation, as provided through a memorandum of understanding or contract between the California-headquartered company and these public entities. (B) Notwithstanding subdivision (a), eligible applicants may include corporations or other business entities that enter into written agreements with the commission that the company will relocate its headquarters to California and comply with the requirements of this chapter if granted an incentive, from a state that has enacted a law that does any of the following: (i) Voids or repeals, or has the effect of voiding or repealing, existing state protections against discrimination on the basis of sexual orientation, gender identity, or gender expression. (ii) Authorizes or requires discrimination against same-sex couples or their families, or discrimination on the basis of sexual orientation, gender identity, or gender expression. (iii) Creates an exemption to antidiscrimination laws in order to permit discrimination against same-sex couples or their families, or permit discrimination on the basis of sexual orientation, gender identity, or gender expression. (iv) Denies or interferes with, or has the effect of denying or interfering with, a woman’s right to choose to bear a child or to choose and obtain an abortion, as provided by Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code. (3) Conduct a stakeholder-driven process to identify and prioritize investments in technological advancements for the Climate Innovation Program that: (A) Provide the greatest potential benefits to the state’s climate goals, including, but not limited to, zero-emission transportation, lithium processing, manufacturing, and recovery, regenerative agriculture, and drought and wildfire prevention. (B) Are not sufficiently addressed by other funding programs. (C) May leverage and attract significant federal funding to California. (4) Negotiate with an eligible applicant the terms and conditions of proposed written agreements that provide the financial incentives allowed pursuant to this chapter. The written agreement may include such terms and conditions as required by the commission, including, but not limited to, requiring repayment of some or all of the financial incentive over a period of time determined in the written agreement. (5) Provide the negotiated written agreement to the commission for its approval at a duly noticed public meeting held in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), including the proposed terms and conditions from paragraph (4). (6) Post on its internet website all of the following information: (A) The name of each applicant granted a financial incentive under this chapter. (B) The estimated amount of the investment by each applicant. (C) The estimated number of jobs created or retained. (D) The amount of the financial incentive granted to the funding recipient. (E) The amount of the financial incentive recaptured from the funding recipient, if applicable. (7) (A) Include a term requiring the recipient, if there is a liquidity event, to repay the full amount of the financial incentive plus an additional percentage. The additional percentage shall be set at 20 percent. The commission and recipient may enter into a repayment plan for the recipient to make the repayment over time instead of the recipient making a one-time payment. The percentage may be increased to the extent the recipient fails to meet the performance metrics it agrees upon with the commission. (B) Each financial incentive shall include performance metrics, including jobs created and environmental benefits, and may include other metrics, including, but not limited to, follow-on investment, patents filed, and estimated benefits to California based on a reasonable estimate of market adoption. (C) The commission shall exempt from the repayment term in subparagraph (A) a “producer,” as defined in Section 47002 of the Revenue and Taxation Code, that pays a lithium extraction excise tax pursuant to Section 47010 of the Revenue and Taxation Code. (D) The commission may exempt projects from the repayment term in subparagraph (A) if it is prohibited by a recipient’s existing or announced federal award. (8) (A) Establish a process for selecting and overseeing projects funded through the Climate Innovation Program to ensure financial incentives are used to advance technologies that help meet the state’s climate goals. (B) The process described in subparagraph (A) shall include developing criteria for awarding financial incentives and providing oversight over funded projects. (9) Require each recipient to report on the number of jobs created and the project’s measurable environmental benefits. The commission may require each recipient to report on other specific, measurable performance metrics, including, but not limited to, follow-on investment, patents filed, and estimated benefits to California based on a reasonable estimate of market adoption, as determined by the commission. (10) Maintain an online database that includes, but is not limited to, a brief description of each project for which funding was awarded, including the name of the recipient, the amount of the award, and the outcomes of the funded project. (11) (A) Solicit applicants and award financial incentives using a competitive award process. The commission may noncompetitively award follow-on financial incentives to awardees of a prior competitive award process. (B) The commission may use the competitive award process of another organization to award funds or provide follow-on funding for a company previously selected through a competitive process for the purpose of attracting significant federal or private funding for the projects or for the purpose of accelerating the delivery of program benefits. (C) Notwithstanding any other law, in its discretion, advance up to 25 percent of the financial incentive awarded pursuant to this chapter, in a manner consistent with Section 11019 of the Government Code. (12) (A) Without limiting any other rights and remedies available to the commission, the commission may include the following repayment term: “Without limiting any of its other remedies, the commission may, for recipient’s noncompliance of any financial incentive requirement, withhold future payments, demand and be entitled to repayment of past reimbursements, or suspend or terminate this financial incentive. The tasks in the scope of work are not severable, and completion of all of them is material to this financial incentive. Another material aspect of this financial incentive is that the recipient shall be a California-headquartered company for the entire term of the financial incentive and an additional 10 years. Thus, the commission, without limiting its other remedies, is entitled to repayment of all funds paid to recipient if the recipient does not timely complete all tasks in the scope of work or is not a California-headquartered company at any time during the financial incentive period and an additional 10 years.” (B) If both the repayment term described in subparagraph (A) and the repayment term in paragraph (4) apply, the repayment term of paragraph (4) has priority, but the repayment term of subparagraph (A) also applies. (C) The commission may exempt projects from the repayment term described in subparagraph (A) if it is prohibited by a recipient’s existing or announced federal award. (13) Include a term requiring all funds awarded in the financial incentive to be spent on projects located in California. (Added by Stats. 2022, Ch. 251, Sec. 11. (AB 209) Effective September 6, 2022.)
  67. 25625.3.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.2. Climate Innovation Program [25625 - 25625.5] ( Chapter 7.2 added by Stats. 2022, Ch. 251, Sec. 11. )

    Verify source ↗

    The commission may propose contingent financial incentives for certain non-California-headquartered businesses if they become California-headquartered before the incentive is executed.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.2. Climate Innovation Program [25625 - 25625.5] ( Chapter 7.2 added by Stats. 2022, Ch. 251, Sec. 11. ) ## 25625.3. The commission may propose contingent financial incentives under the Climate Innovation Program to corporations or other business forms organized for the transaction of business that are not California-headquartered companies contingent upon a requirement that the entity become a California-headquartered company before the commission executes the financial incentive. (Added by Stats. 2022, Ch. 251, Sec. 11. (AB 209) Effective September 6, 2022.)
  68. 25625.4.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.2. Climate Innovation Program [25625 - 25625.5] ( Chapter 7.2 added by Stats. 2022, Ch. 251, Sec. 11. )

    Verify source ↗

    Recipients of a financial incentive under this chapter must be headquartered in California during the incentive term and for 10 years after it ends.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.2. Climate Innovation Program [25625 - 25625.5] ( Chapter 7.2 added by Stats. 2022, Ch. 251, Sec. 11. ) ## 25625.4. Recipients of a financial incentive awarded pursuant to this chapter shall be a California-headquartered company for the entire term of the financial incentive and for 10 years after the financial incentive ends. (Added by Stats. 2022, Ch. 251, Sec. 11. (AB 209) Effective September 6, 2022.)
  69. 25625.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.2. Climate Innovation Program [25625 - 25625.5] ( Chapter 7.2 added by Stats. 2022, Ch. 251, Sec. 11. )

    Verify source ↗

    The commission may obtain technical, scientific, or administrative assistance, including by contract or interagency agreement, for the Climate Innovation Program.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.2. Climate Innovation Program [25625 - 25625.5] ( Chapter 7.2 added by Stats. 2022, Ch. 251, Sec. 11. ) ## 25625.5. To support the activities of this chapter, the commission may noncompetitively obtain assistance for technical, scientific, or administrative services or expertise, including, but not limited to, through contract or interagency agreement, to help with the commission’s implementation of the Climate Innovation Program or to provide assistance to project applicants for technical, scientific, or administrative services or expertise. Up to 10 percent of programs funds shall be used for this administrative purpose. (Added by Stats. 2022, Ch. 251, Sec. 11. (AB 209) Effective September 6, 2022.)
  70. 25630.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.3. Small Business Energy Technology Loan Program [25630- 25630.] ( Chapter 7.3 added by Stats. 1994, Ch. 553, Sec. 11. )

    Verify source ↗

    The commission must establish a low-interest revolving loan program for California small businesses to buy equipment for alternative technology energy projects.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.3. Small Business Energy Technology Loan Program [25630- 25630.] ( Chapter 7.3 added by Stats. 1994, Ch. 553, Sec. 11. ) ## 25630. (a) The commission shall establish a small business energy assistance low-interest revolving loan program to fund the purchase of equipment for alternative technology energy projects for California’s small businesses. (b) Loan repayments, interest, and royalties shall be deposited in the Energy Technologies Research, Development, and Demonstration Account. The interest rate shall be based on surveys of existing financial markets and at rates not lower than the Pooled Money Investment Account. (Amended by Stats. 2004, Ch. 227, Sec. 93. Effective August 16, 2004.)
  71. 25640.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.4. Long-Duration Energy Storage Program [25640 - 25645] ( Chapter 7.4 added by Stats. 2022, Ch. 61, Sec. 5. )

    Verify source ↗

    This section defines terms used in the chapter, including energy storage system, thermal energy storage, financial incentive, and under-resourced community.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.4. Long-Duration Energy Storage Program [25640 - 25645] ( Chapter 7.4 added by Stats. 2022, Ch. 61, Sec. 5. ) ## 25640. For purposes of this chapter, the following definitions apply: (a) “Energy storage system” has the same meaning as defined in Section 2835 of the Public Utilities Code. (b) “Thermal energy storage” means the storage of thermal energy for direct use for heating or cooling at a later time in a manner that avoids the need to use electricity at that later time. (c) “Financial incentive” includes a contract, grant, loan, rebate, block grant, or other appropriate funding mechanism. (d) “Under-resourced community” has the same meaning as defined in Section 71130. (Amended by Stats. 2025, Ch. 395, Sec. 2. (AB 1280) Effective January 1, 2026.)
  72. 25641.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.4. Long-Duration Energy Storage Program [25640 - 25645] ( Chapter 7.4 added by Stats. 2022, Ch. 61, Sec. 5. )

    Verify source ↗

    The commission must run two energy storage incentive programs and may issue related guidelines.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.4. Long-Duration Energy Storage Program [25640 - 25645] ( Chapter 7.4 added by Stats. 2022, Ch. 61, Sec. 5. ) ## 25641. (a) The commission shall establish and implement the Long-Duration Energy Storage Program to provide financial incentives for eligible projects, located at eligible storage facilities, that have power ratings of at least one megawatt and are capable of reaching a target of at least eight hours of continuous discharge of electricity at that power rating in order to deploy innovative energy storage systems to the electrical grid for purposes of providing critical capacity and grid services. (b) The commission shall establish and implement an Industrial Facilities Thermal Energy Storage Program within the Long-Duration Energy Storage Program to provide financial incentives for eligible projects located at eligible facilities to decarbonize industrial facilities’ use of heat and power. The commission may establish project and industrial facility guidelines for the purposes of this section that support the broader transformation of industrial facilities to ensure program resources support high-road jobs, community benefits, and the transition from fossil fuels to clean energy. (Amended by Stats. 2025, Ch. 395, Sec. 3. (AB 1280) Effective January 1, 2026.)
  73. 25642.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.4. Long-Duration Energy Storage Program [25640 - 25645] ( Chapter 7.4 added by Stats. 2022, Ch. 61, Sec. 5. )

    Verify source ↗

    The commission may set eligibility guidelines for this program, and those guidelines must follow the statute’s rules for eligible storage facilities and eligible projects.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.4. Long-Duration Energy Storage Program [25640 - 25645] ( Chapter 7.4 added by Stats. 2022, Ch. 61, Sec. 5. ) ## 25642. (a) The commission may establish project and storage facility eligibility guidelines for purposes of this chapter. (b) Any eligibility guidelines established pursuant to subdivision (a) shall be consistent with both of the following requirements: (1) “Eligible storage facility” shall include, but not be limited to, an energy storage system that is interconnected to the electrical grid in California or to a California balancing authority. (2) (A) “Eligible project” shall include, but not be limited to, an eligible storage facility that includes any of the following: (i) Compressed air or liquid air technologies. (ii) Flow batteries, advanced chemistry batteries, or mechanical energy storage. (iii) Thermal energy storage or aqueous battery systems. (iv) A hydrogen demonstration project. (B) “Eligible project” shall not include a pumped storage project or lithium-ion-based storage technology. (Amended by Stats. 2025, Ch. 395, Sec. 4. (AB 1280) Effective January 1, 2026.)
  74. 25643.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.4. Long-Duration Energy Storage Program [25640 - 25645] ( Chapter 7.4 added by Stats. 2022, Ch. 61, Sec. 5. )

    Verify source ↗

    The commission may use several tools to run the Long-Duration Energy Storage Program, including financial incentives, technical assistance funding, services contracts, guidelines, noncompetitive awards in specified cases, and advancing up to 25% of awarded program money.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.4. Long-Duration Energy Storage Program [25640 - 25645] ( Chapter 7.4 added by Stats. 2022, Ch. 61, Sec. 5. ) ## 25643. In implementing the Long-Duration Energy Storage Program, the commission may do all of the following: (a) In addition to any other authorized method of providing moneys to participants in the Long-Duration Energy Storage Program, use financial incentives. (b) Award Long-Duration Energy Storage Program moneys for technical assistance, including, but not limited to, providing outreach to eligible industries, identifying promising technologies, assessing market conditions needed to accelerate commercial traction of the technology, assisting with technical review of proposals and deliverables, identifying opportunities that provide significant benefits to the electrical grid, and performing benefits analysis. The commission may contract for, or through interagency agreement obtain, technical, scientific, and administrative services and expertise from one or more entities to support the Long-Duration Energy Storage Program. (c) Adopt guidelines or other standards at a business meeting for the Long-Duration Energy Storage Program. 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 adoption of the guidelines or other standards adopted by the commission pursuant to this chapter. (d) (1) Notwithstanding any other law, noncompetitively award Long-Duration Energy Storage Program moneys through an amendment to, or a new agreement with a party to or recipient of, contracts or grants from California governmental entities or a federal agency if the recipient has received funding for the original project through a competitive bid process from a California governmental entity or federal agency and the awarding of those moneys is consistent with the stated goals and criteria of the Long-Duration Energy Storage Program. (2) Notwithstanding any other law, noncompetitively award Long-Duration Energy Storage Program moneys to a governmental entity, national laboratory, entity contracted by the federal government to operate a national laboratory, or foundation established to serve the University of California or California State University. (3) Notwithstanding any other law, noncompetitively award Long-Duration Energy Storage Program moneys to any entity if the cost to the state is reasonable and the commission makes any of the following determinations: (A) The expertise, service, or product is unique. (B) A competitive solicitation would frustrate the obtainment of necessary information, goods, or services in a timely manner. (C) The moneys to be awarded would fund the next phase of a multiphased project, the multiphased project was funded through competitively awarded agreement, and the entity satisfactorily performed the competitively awarded agreement. (D) It is in the best interests of the state to do so. (E) The entity will use the moneys as matching funds for federally awarded moneys. (e) Notwithstanding any other law, in its discretion, advance up to 25 percent of the Long-Duration Energy Storage Program moneys awarded pursuant to this chapter. (Added by Stats. 2022, Ch. 61, Sec. 5. (AB 205) Effective June 30, 2022.)
  75. 25644.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.4. Long-Duration Energy Storage Program [25640 - 25645] ( Chapter 7.4 added by Stats. 2022, Ch. 61, Sec. 5. )

    Verify source ↗

    A commission agreement for the Long-Duration Energy Storage Program does not need review, consent, or approval from the Department of General Services or other state departments or agencies, and it does not have to follow specified contracting rules.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.4. Long-Duration Energy Storage Program [25640 - 25645] ( Chapter 7.4 added by Stats. 2022, Ch. 61, Sec. 5. ) ## 25644. Notwithstanding any other law, a commission agreement entered into for purposes of the Long-Duration Energy Storage Program 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 the requirements of the State Contracting Manual, the Public Contract Code, or the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code. (Added by Stats. 2022, Ch. 61, Sec. 5. (AB 205) Effective June 30, 2022.)
  76. 25645.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.4. Long-Duration Energy Storage Program [25640 - 25645] ( Chapter 7.4 added by Stats. 2022, Ch. 61, Sec. 5. )

    Verify source ↗

    The commission must prefer eligible projects that meet listed criteria when providing financial incentives, and after January 1, 2027 it may award incentives for construction work only if the work is done under a qualifying project labor agreement.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.4. Long-Duration Energy Storage Program [25640 - 25645] ( Chapter 7.4 added by Stats. 2022, Ch. 61, Sec. 5. ) ## 25645. (a) In providing financial incentives pursuant to this chapter, the commission shall give preference to an eligible project that does one or more of the following: (1) Increases the reliability and resiliency of the electrical grid. (2) Adds electrical grid services when the electrical grid is stressed or anticipating pending energy challenges. (3) Increases the use of renewable energy, through reducing curtailment and shifting power usage from peak to off-peak times, and reduces the impact of climate change on the electrical grid or on connected facilities or communities, including by improving air quality, reducing emissions of greenhouse gases, or providing under-resourced communities with increased reliability and resiliency. (4) Lowers energy costs and provides employment opportunities for residents of under-resourced communities. (5) Interconnects to the electrical grid and is commercially operational by 2028. (b) For applications received after January 1, 2027, the commission shall provide financial incentives to a project that involves the performance of work by contractors in the construction industry only if that work is performed pursuant to a project labor agreement that, at a minimum, meets the requirements of Section 2500 of the Public Contract Code. (Amended by Stats. 2025, Ch. 395, Sec. 5. (AB 1280) Effective January 1, 2026.)
  77. 25650.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.5. Agricultural Industry Energy Program [25650- 25650.] ( Chapter 7.5 added by Stats. 2000, Ch. 1046, Sec. 1. )

    Verify source ↗

    Loan repayments and interest must be deposited into the Energy Technologies Research, Development, and Demonstration Account, and loans under this section must follow set purpose and term limits.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.5. Agricultural Industry Energy Program [25650- 25650.] ( Chapter 7.5 added by Stats. 2000, Ch. 1046, Sec. 1. ) ## 25650. (a) All funds from loan repayments and interest that become due and payable for loans made by the commission pursuant to an agriculture energy assistance program shall be deposited in the Energy Technologies Research, Development, and Demonstration Account, and shall be available for loans and technical assistance pursuant to this section, upon appropriation in the Budget Act. Up to 20 percent of the annual appropriation may be available for technical assistance. (b) Loans made pursuant to this section shall be for the purchase of equipment and services for agriculture energy efficiency and development demonstration projects, including, but not limited to, production of methane or ethanol, use of wind, photovoltaics, and other sources of energy for irrigation pumping, application of load management conservation techniques, improvements in water pumping and pressurization techniques, and conservation tillage techniques. (c) The loans shall contain terms that provide for a repayment period of not more than seven years and for interest at a rate that is not less than 2 percent below the rate earned by moneys in the Pooled Money Investment Account. (Added by Stats. 2000, Ch. 1046, Sec. 1. Effective January 1, 2001.)
  78. 25660.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 1. General Provisions [25660 - 25661.5] ( Article 1 added by Stats. 2022, Ch. 251, Sec. 12. )

    Verify source ↗

    This section defines several terms used in this chapter, including “Clean energy programs,” “Emergency Load Reduction Program,” “Financial incentive,” and “Under-resourced community.”

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 1. General Provisions [25660 - 25661.5] ( Article 1 added by Stats. 2022, Ch. 251, Sec. 12. ) ## 25660. For purposes of this chapter, the following definitions apply: (a) “Clean energy programs” means the programs described in Section 25660.4. (b) “Emergency Load Reduction Program” means the Emergency Load Reduction Program established by the Public Utilities Commission in Decision 21-03-056 (March 25, 2021), Decision Directing Pacific Gas and Electric Company, Southern California Edison Company, and San Diego Gas and Electric Company to Take Actions to Prepare for Potential Extreme Weather in the Summers of 2021 and 2022. (c) “Financial incentive” includes a contract, grant, loan, rebate, block grant, or other appropriate funding mechanism. (d) “Under-resourced community” has the same meaning as defined in Section 71130. (Added by Stats. 2022, Ch. 251, Sec. 12. (AB 209) Effective September 6, 2022.)
  79. 25660.2.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 1. General Provisions [25660 - 25661.5] ( Article 1 added by Stats. 2022, Ch. 251, Sec. 12. )

    Verify source ↗

    The commission must publish and, as applicable, report specified information about each clean energy program by March 1, 2024, and every year after that until all appropriated funds for the chapter have been encumbered.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 1. General Provisions [25660 - 25661.5] ( Article 1 added by Stats. 2022, Ch. 251, Sec. 12. ) ## 25660.2. On or before March 1 , 2024, and annually thereafter by that date until all funds appropriated for purposes of this chapter have been encumbered, the commission shall publish on its internet website and report, as applicable, to the budget and relevant policy committees of the Legislature all of the following for each clean energy program: (a) The amount of moneys expended for the program and balance of moneys remaining to be spent, including geographic distribution of those moneys. (b) The amount of moneys expended on administrative, technical, or scientific services for the program. (c) Quantitative estimates and qualitative information on how moneys expended by the program are achieving the specific purposes of that program. (d) Estimates of additional electrical generation or storage capacity at net peak hours or during critical grid conditions created, expanded, or otherwise made available as a direct result of the program. (e) Estimated onsite reductions of the emissions of greenhouse gases and criteria air pollutants that occurred as a direct result of the program. (f) A description of how the appropriated moneys were used for the program and industries receiving program funding. (Added by Stats. 2022, Ch. 251, Sec. 12. (AB 209) Effective September 6, 2022.)
  80. 25660.4.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 1. General Provisions [25660 - 25661.5] ( Article 1 added by Stats. 2022, Ch. 251, Sec. 12. )

    Verify source ↗

    This chapter applies only to specific listed programs and activities.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 1. General Provisions [25660 - 25661.5] ( Article 1 added by Stats. 2022, Ch. 251, Sec. 12. ) ## 25660.4. This chapter only applies to the following programs or activities: (a) The Industrial Grid Support and Decarbonization Program established pursuant to Section 25662. (b) The Food Production Investment Program established pursuant to Section 25663. (c) The Hydrogen Program established pursuant to Section 25664.2. (d) The Equitable Building Decarbonization Program established pursuant to Section 25665.1. (e) The program to support offshore wind infrastructure improvements established pursuant to Section 25666. (Added by Stats. 2022, Ch. 251, Sec. 12. (AB 209) Effective September 6, 2022.)
  81. 25661.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 1. General Provisions [25660 - 25661.5] ( Article 1 added by Stats. 2022, Ch. 251, Sec. 12. )

    Verify source ↗

    The commission may obtain services through contracts or interagency agreements, and may also advance up to 25% of allocated clean energy program money to financial incentive recipients; it may not use more than 15% of each program’s appropriated money for those service costs.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 1. General Provisions [25660 - 25661.5] ( Article 1 added by Stats. 2022, Ch. 251, Sec. 12. ) ## 25661. In implementing the clean energy programs, the commission may do both of the following: (a) Contract for or use an interagency agreement to obtain technical, scientific, outreach, and administrative services. Administrative services may include, but are not limited to, providing outreach to eligible industries, identifying promising technologies, assessing market conditions needed to accelerate commercial traction of the technology, assisting with technical review of proposals and deliverables, identifying opportunities that provide significant benefits to the electrical grid, and performing benefits analysis. No more than 15 percent of the moneys appropriated for each program may be used for technical, scientific, outreach, or administrative services. (b) Notwithstanding any other law, in its discretion, advance up to 25 percent of the clean energy program moneys allocated pursuant to this chapter to recipients of a financial incentive. (Added by Stats. 2022, Ch. 251, Sec. 12. (AB 209) Effective September 6, 2022.)
  82. 25661.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 1. General Provisions [25660 - 25661.5] ( Article 1 added by Stats. 2022, Ch. 251, Sec. 12. )

    Verify source ↗

    The commission may spend up to $25 million for specified clean energy projects and may transfer money to the Climate Catalyst Revolving Fund if needed.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 1. General Provisions [25660 - 25661.5] ( Article 1 added by Stats. 2022, Ch. 251, Sec. 12. ) ## 25661.5. Of the moneys appropriated for the clean energy programs, the Climate Innovation Program established pursuant to Section 25625.2, the Carbon Removal Innovation Program established pursuant to Section 25688, and the Long-Duration Energy Storage Program established pursuant to Section 25641, the commission may use up to a total of twenty-five million dollars ($25,000,000) for projects consistent with subdivision (f) of Section 63048.93 of the Government Code. The commission, in its sole discretion, shall determine how to allocate those moneys for those programs. The commission may transfer moneys, if necessary, from the source fund of the appropriation to the Climate Catalyst Revolving Fund created pursuant to Section 63048.95 of the Government Code. (Amended by Stats. 2025, Ch. 20, Sec. 39. (AB 137) Effective June 30, 2025.)
  83. 25662.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 2. Industrial Decarbonization and Improvement of Grid Operations Program [25662 - 25662.6] ( Heading of Article 2 amended by Stats. 2025, Ch. 395, Sec. 6. )

    Verify source ↗

    The commission must establish and run the Industrial Decarbonization and Improvement of Grid Operations Program.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 2. Industrial Decarbonization and Improvement of Grid Operations Program [25662 - 25662.6] ( Heading of Article 2 amended by Stats. 2025, Ch. 395, Sec. 6. ) ## 25662. The commission shall establish and administer the Industrial Decarbonization and Improvement of Grid Operations Program to provide financial incentives for the implementation of eligible projects at eligible industrial facilities to provide significant benefits to the electrical grid, reduce emissions of greenhouse gases and health-harming pollutants, achieve the state’s clean energy goals, and exceed compliance requirements. (Amended by Stats. 2025, Ch. 395, Sec. 7. (AB 1280) Effective January 1, 2026.)
  84. 25662.2.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 2. Industrial Decarbonization and Improvement of Grid Operations Program [25662 - 25662.6] ( Heading of Article 2 amended by Stats. 2025, Ch. 395, Sec. 6. )

    Verify source ↗

    The commission may set eligibility guidelines for this program, and those guidelines must follow listed rules for eligible facilities and projects.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 2. Industrial Decarbonization and Improvement of Grid Operations Program [25662 - 25662.6] ( Heading of Article 2 amended by Stats. 2025, Ch. 395, Sec. 6. ) ## 25662.2. (a) The commission may establish project and industrial facility eligibility guidelines for purposes of this article. (b) The eligibility guidelines established pursuant to subdivision (a) shall be consistent with all of the following requirements: (1) “Eligible industrial facility” shall include, but not be limited to, a facility involved with manufacturing, production, and processing of materials, such as chemicals, metals, food and beverages, and nonmetallic minerals, including cement, glass, electronics, and pharmaceuticals, and related support facilities. (2) (A) “Eligible project” shall include, but not be limited to, the purchase and deployment of advanced technologies and equipment that is capable of doing at least one of the following: (i) Enhance electrical grid reliability and enable industrial facility participation in utility load reduction programs, such as an emergency load reduction program. (ii) Electrify processes that use gas or other fossil fuels to produce heat for industrial processes. (iii) Incorporate energy storage, including thermal energy storage, or renewable energy resources. (iv) Increase energy efficiency. (v) Develop and deploy novel decarbonization technologies and strategies, including carbon capture of process emissions for use in products, such as carbonate mineralization and carbon curing of concrete that reduces or eliminates the emissions of greenhouse gases, except geologic storage. (B) “Eligible project” shall not include a project to benefit an oil production, processing, or refining facility, to benefit a fossil gas production, processing, or refining facility, or to use captured carbon for enhanced oil and gas recovery. (C) For applications received after January 1, 2027, a project that involves the performance of work by contractors in the construction industry shall be eligible for a financial incentive pursuant to this article only if the work is performed pursuant to a project labor agreement that, at a minimum, meets the requirements of Section 2500 of the Public Contract Code. (D) A project shall only be eligible for a financial incentive pursuant to this article if the project will use technologies that exceed the best available control technology, as defined in Section 40405 of the Health and Safety Code, if applicable. (E) For applications received after January 1, 2027, an eligible project for a facility that has a record of air permit violations shall separately develop a plan for pollution remediation, including for ecological and public health harms. (Amended by Stats. 2025, Ch. 395, Sec. 8. (AB 1280) Effective January 1, 2026.)
  85. 25662.4.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 2. Industrial Decarbonization and Improvement of Grid Operations Program [25662 - 25662.6] ( Heading of Article 2 amended by Stats. 2025, Ch. 395, Sec. 6. )

    Verify source ↗

    The commission must prefer eligible projects that meet listed clean-energy and community benefits criteria, and it may require incentive recipients to surrender allowances. A recipient may not receive more than 20% of the money allocated under this article.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 2. Industrial Decarbonization and Improvement of Grid Operations Program [25662 - 25662.6] ( Heading of Article 2 amended by Stats. 2025, Ch. 395, Sec. 6. ) ## 25662.4. (a) In providing financial incentives pursuant to this article, the commission shall give preference to an eligible project that does one or more of the following: (1) Provides significant benefits to the electrical grid, especially during net peak periods. (2) Maximizes the reduction of the emissions of greenhouse gases. (3) Reduces air pollution in under-resourced communities. (4) Is located in an under-resourced community, as defined in Section 71130, or in an area out of compliance with the applicable federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) deadlines in nonattainment areas. (5) Develops a community benefit fund or agrees to pursue a community benefits agreement with the surrounding community and other affected stakeholders. (b) In providing financial incentives pursuant to this article, the commission shall prioritize an eligible project that reduces demand during net peak periods. (c) (1) The commission shall consult with the State Air Resources Board to ensure that financial incentives provided pursuant to this article reduce the emissions of greenhouse gases under the statewide greenhouse gas emission limits in furtherance of the state’s greenhouse gas reduction targets, to the extent feasible under the State Air Resources Board’s regulatory programs. (2) To comply with the requirements of this subdivision, the commission may require a recipient of a financial incentive to surrender to the State Air Resources Board the number of annual allowances allocated at no cost to the eligible industrial facility pursuant to the market-based compliance mechanism developed pursuant to Part 5 (commencing with Section 38570) of Division 25.5 of the Health and Safety Code equivalent to the greenhouse gas emissions reduced by the eligible project. (d) A recipient of a financial incentive pursuant to this article shall not receive more than 20 percent of the moneys allocated pursuant to this article. (Amended by Stats. 2025, Ch. 395, Sec. 9. (AB 1280) Effective January 1, 2026.)
  86. 25662.6.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 2. Industrial Decarbonization and Improvement of Grid Operations Program [25662 - 25662.6] ( Heading of Article 2 amended by Stats. 2025, Ch. 395, Sec. 6. )

    Verify source ↗

    An eligible project that gets a financial incentive under this article cannot also get a financial incentive under the Food Production Investment Program.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 2. Industrial Decarbonization and Improvement of Grid Operations Program [25662 - 25662.6] ( Heading of Article 2 amended by Stats. 2025, Ch. 395, Sec. 6. ) ## 25662.6. An eligible project that receives a financial incentive pursuant to this article is ineligible for a financial incentive pursuant to the Food Production Investment Program (Article 3 (commencing with Section 25663)). (Added by Stats. 2022, Ch. 251, Sec. 12. (AB 209) Effective September 6, 2022.)
  87. 25663.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 3. Food Production Investment Program [25663 - 25663.6] ( Article 3 added by Stats. 2022, Ch. 251, Sec. 12. )

    Verify source ↗

    The commission must establish and run the Food Production Investment Program.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 3. Food Production Investment Program [25663 - 25663.6] ( Article 3 added by Stats. 2022, Ch. 251, Sec. 12. ) ## 25663. The commission shall establish and administer the Food Production Investment Program to provide financial incentives for the implementation of eligible projects to accelerate the adoption of advanced energy technologies and other decarbonization technologies at eligible facilities to support electrical grid reliability and reduce the emissions of greenhouse gases from those eligible facilities. (Added by Stats. 2022, Ch. 251, Sec. 12. (AB 209) Effective September 6, 2022.)
  88. 25663.2.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 3. Food Production Investment Program [25663 - 25663.6] ( Article 3 added by Stats. 2022, Ch. 251, Sec. 12. )

    Verify source ↗

    The commission may set project and facility eligibility guidelines for this article, and those guidelines must follow specific requirements for eligible facilities and eligible projects.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 3. Food Production Investment Program [25663 - 25663.6] ( Article 3 added by Stats. 2022, Ch. 251, Sec. 12. ) ## 25663.2. (a) The commission may establish project and facility eligibility guidelines for purposes of this article. (b) The eligibility guidelines established pursuant to subdivision (a) shall be consistent with both of the following requirements: (1) “Eligible facility” shall include, but not be limited to, a facility that is directly involved in food production and processing, and related support facilities. (2) “Eligible project” shall include, but not be limited to, both of the following: (A) The purchase and deployment of advanced technologies and equipment that exceed the best available control technologies, as defined in Section 40405 of the Health and Safety Code, if applicable. (B) A project that does at least one of the following: (i) Enhances electrical grid reliability and enables an eligible facility to participate in a utility load reduction program, such as an emergency load reduction program. (ii) Electrifies processes that use gas or other fossil fuels. (iii) Incorporates photovoltaics, energy storage, or other renewable energy sources. (iv) Increases energy efficiency. (v) Develops and deploys novel decarbonization technologies and strategies, except carbon capture or utilization technologies. (Added by Stats. 2022, Ch. 251, Sec. 12. (AB 209) Effective September 6, 2022.)
  89. 25663.4.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 3. Food Production Investment Program [25663 - 25663.6] ( Article 3 added by Stats. 2022, Ch. 251, Sec. 12. )

    Verify source ↗

    When the commission provides financial incentives under this article, it must favor certain eligible projects, consult with the State Air Resources Board, may require allowance surrenders to meet the rule, and may not let a recipient get more than 20% of the allocated money.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 3. Food Production Investment Program [25663 - 25663.6] ( Article 3 added by Stats. 2022, Ch. 251, Sec. 12. ) ## 25663.4. (a) In providing financial incentives pursuant to this article, the commission shall give preference to an eligible project that does one or more of the following: (1) Provides significant benefits to the electrical grid, especially during net peak periods. (2) Maximizes the reduction of the emissions of greenhouse gases. (3) Reduces air pollution in under-resourced communities. (b) In providing financial incentives pursuant to this article, the commission shall prioritize an eligible project that reduces demand during net peak periods. (c) (1) The commission shall consult with the State Air Resources Board to ensure that financial incentives provided pursuant to this article reduce the emissions of greenhouse gases under the statewide greenhouse gas emission limits in furtherance of the state’s greenhouse gas reduction targets, to the extent feasible under the State Air Resources Board’s regulatory programs. (2) To comply with the requirements of this subdivision, the commission may require a recipient of a financial incentive to surrender to the State Air Resources Board the number of annual allowances allocated at no cost to the facility pursuant to the market-based compliance mechanism developed pursuant to Part 5 (commencing with Section 38570) of Division 25.5 of the Health and Safety Code equivalent to the greenhouse gas emissions reduced by the project. (d) A recipient of a financial incentive pursuant to this article shall not receive more than 20 percent of the moneys allocated pursuant to this article. (Added by Stats. 2022, Ch. 251, Sec. 12. (AB 209) Effective September 6, 2022.)
  90. 25663.6.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 3. Food Production Investment Program [25663 - 25663.6] ( Article 3 added by Stats. 2022, Ch. 251, Sec. 12. )

    Verify source ↗

    If an eligible project gets a financial incentive under this article, it cannot also get a financial incentive under the Industrial Grid Support and Decarbonization Program.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 3. Food Production Investment Program [25663 - 25663.6] ( Article 3 added by Stats. 2022, Ch. 251, Sec. 12. ) ## 25663.6. An eligible project that receives a financial incentive pursuant to this article is ineligible for a financial incentive pursuant to the Industrial Grid Support and Decarbonization Program (Article 2 (commencing with Section 25662)). (Added by Stats. 2022, Ch. 251, Sec. 12. (AB 209) Effective September 6, 2022.)
  91. 25664.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 4. Hydrogen Program [25664 - 25664.1] ( Article 4 added by Stats. 2022, Ch. 251, Sec. 12. )

    Verify source ↗

    Hydrogen projects meeting the stated renewable-energy conditions are eligible for financial incentives under this article.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 4. Hydrogen Program [25664 - 25664.1] ( Article 4 added by Stats. 2022, Ch. 251, Sec. 12. ) ## 25664. For purposes of this article, hydrogen projects that produce, process, deliver, store, or use hydrogen derived from water using eligible renewable energy resources, as defined in Section 399.12 of the Public Utilities Code, or produced from these eligible renewable energy resources, shall be eligible for financial incentives pursuant to this article. (Added by Stats. 2022, Ch. 251, Sec. 12. (AB 209) Effective September 6, 2022.)
  92. 25664.1.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 4. Hydrogen Program [25664 - 25664.1] ( Article 4 added by Stats. 2022, Ch. 251, Sec. 12. )

    Verify source ↗

    The commission must run the Hydrogen Program and use it to provide financial incentives for eligible in-state hydrogen projects.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 4. Hydrogen Program [25664 - 25664.1] ( Article 4 added by Stats. 2022, Ch. 251, Sec. 12. ) ## 25664.1. (a) The commission shall establish and administer the Hydrogen Program pursuant to this article to provide financial incentives to eligible in-state hydrogen projects for the demonstration or scale-up of the production, processing, delivery, storage, or end use of hydrogen consistent with Section 25664.1. (b) Financial incentives provided pursuant to this article may be used as matching funds by selected entities that have received a grant pursuant to Section 16161 of Title 42 of the United States Code. (c) The commission may establish project eligibility and other guidelines for purposes of this article. (d) The commission shall include in the guidelines or project requirements that the financial incentives received pursuant to this article do not supplant or result in duplicative offset credits, renewable energy credits, or other forms of compliance credits. (e) The commission shall only provide financial incentives to eligible projects that help reduce sector-wide emissions, as determined by the commission. (f) The commission shall prioritize eligible projects that benefit geographically diverse areas of the state. (g) The commission shall prioritize eligible projects that maximize air quality, equity, health, and workforce benefits. (Added by Stats. 2022, Ch. 251, Sec. 12. (AB 209) Effective September 6, 2022.)
  93. 25665.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 5. Equitable Building Decarbonization Program [25665 - 25665.7] ( Article 5 added by Stats. 2022, Ch. 251, Sec. 12. )

    Verify source ↗

    This section defines several terms used in the article.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 5. Equitable Building Decarbonization Program [25665 - 25665.7] ( Article 5 added by Stats. 2022, Ch. 251, Sec. 12. ) ## 25665. For purposes of this article, the following definitions apply: (a) “California Native American tribe” has the same meaning as defined in Section 21073. (b) “California tribal organization” means a corporation, association, or group controlled, sanctioned, or chartered by a California Native American tribe that is subject to its laws, the laws of the State of California, or the laws of the United States. (c) “Direct install” means an energy efficiency, decarbonization, or load flexible solution provided directly to a consumer at minimal or no cost through a third-party implementer. (d) “Low-carbon building technology” means a technology that reduces a building’s direct emissions of greenhouse gases. (e) “Low-to-moderate income” has the same meaning as “persons and families of low or moderate income” as defined in Section 50093 of the Health and Safety Code. (f) “Residential dwelling” means any of the following: (1) A multifamily residential building of at least two housing units. (2) An individual or single-family residence. (3) A mobilehome unit. (g) “Statewide incentive program” means a first come, first served incentive program for specified equipment serving the residents of California. (h) “Third-party implementer” means noncommission personnel under contract to the commission who propose, design, implement, or deliver Equitable Building Decarbonization Program activities. (i) “Under-resourced community” has the same meaning as defined in Section 71130. (Added by Stats. 2022, Ch. 251, Sec. 12. (AB 209) Effective September 6, 2022.)
  94. 25665.1.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 5. Equitable Building Decarbonization Program [25665 - 25665.7] ( Article 5 added by Stats. 2022, Ch. 251, Sec. 12. )

    Verify source ↗

    The commission must establish the Equitable Building Decarbonization Program, and if program funds remain unspent after two years it must evaluate changes and may reallocate some of those funds for related purposes.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 5. Equitable Building Decarbonization Program [25665 - 25665.7] ( Article 5 added by Stats. 2022, Ch. 251, Sec. 12. ) ## 25665.1. (a) (1) The commission shall establish the Equitable Building Decarbonization Program. (2) The Equitable Building Decarbonization Program includes the direct install program established pursuant to Section 25665.3 and the statewide incentive program for low-carbon building technologies established pursuant to section 25665.5. (b) If moneys made available for the Equitable Building Decarbonization Program remain unspent after two years, the commission shall evaluate potential changes to the Equitable Building Decarbonization Program to increase participation and may make those unspent funds, or a portion of those unspent funds, available for other purposes consistent with the Equitable Building Decarbonization Program. (Added by Stats. 2022, Ch. 251, Sec. 12. (AB 209) Effective September 6, 2022.)
  95. 25665.3.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 5. Equitable Building Decarbonization Program [25665 - 25665.7] ( Article 5 added by Stats. 2022, Ch. 251, Sec. 12. )

    Verify source ↗

    The commission must set up the direct install program and follow the listed rules for costs, selection, program goals, eligible projects, tenant protections, and prevailing wage where possible.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 5. Equitable Building Decarbonization Program [25665 - 25665.7] ( Article 5 added by Stats. 2022, Ch. 251, Sec. 12. ) ## 25665.3. The commission shall establish the direct install program consistent with all of the following: (a) Participation in the direct install program shall be at minimal or no cost for low-to-moderate income residents, with preference given where the building meets one or more of the following criteria: (1) The building is located in a under-resourced community. (2) The building is owned or managed by a California Native American tribe or a California tribal organization. (3) The building is owned by a member of a California Native American tribe. (b) The commission may administer the direct install program through regional direct install third-party implementers selected through a competitive solicitation process. In selecting third-party implementers, the commission shall prioritize applications from entities that include at least one community-based organization in order to ensure for the provision of culturally-appropriate outreach, education, and support to households participating in the direct install program, and from entities that employ workers from local communities. (c) The direct install program shall reduce the emissions of greenhouse gases, and shall encourage, where feasible, resiliency to extreme heat, indoor air quality improvements, energy affordability, and grid reliability support. (d) Projects eligible to be funded through the direct install program include installation of energy efficient electric appliances, energy efficiency measures, demand flexibility measures, wiring and panel upgrades, building infrastructure upgrades, efficient air conditioning systems, ceiling fans, and other measures to protect against extreme heat, where appropriate, and remediation and safety measures to facilitate the installation of new technologies. (e) The direct install program may include tenant protections for participating rental properties. These protections may include requiring the consent of tenants impacted by the work, tenant education provided by community-based organizations, protections against short-term and long-term displacement, and limits on increases in rent after completion of a project funded pursuant to the direct install program. (f) Projects funded pursuant the direct install program shall be performed by workers paid prevailing wage where possible and when applicable. (g) The commission may establish project and eligibility guidelines for purposes of the direct install program. (Added by Stats. 2022, Ch. 251, Sec. 12. (AB 209) Effective September 6, 2022.)
  96. 25665.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 5. Equitable Building Decarbonization Program [25665 - 25665.7] ( Article 5 added by Stats. 2022, Ch. 251, Sec. 12. )

    Verify source ↗

    The commission must run a statewide incentive program for low-carbon building technologies and set eligibility rules.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 5. Equitable Building Decarbonization Program [25665 - 25665.7] ( Article 5 added by Stats. 2022, Ch. 251, Sec. 12. ) ## 25665.5. The commission shall establish and administer a statewide incentive program for low-carbon building technologies, consistent with all of the following: (a) The commission shall coordinate with other program administrators, such as the Public Utilities Commission, the Department of Community Services and Development, and the Strategic Growth Council, and may integrate with or enhance other incentive programs. (b) The commission shall establish eligibility requirements for the statewide incentive program for low-carbon building technologies. (c) Measures eligible for funding pursuant to the statewide incentive program for low-carbon building technologies include, but are not limited to, low-carbon building technologies, such as heat pumps, space and water heaters, and other efficient electric technologies. (d) A minimum of 50 percent of the moneys allocated pursuant to the statewide incentive program for low-carbon building technologies shall benefit residents living in an under-resourced community. (e) The guidelines for the statewide incentive program for low-carbon building technologies may be developed with input from stakeholders, including, but not limited to, residential dwelling owners, manufacturers, building contractors, utilities, and other agencies through public workshops. (f) The commission may establish guidelines for purposes of the statewide incentive program for low-carbon building technologies. (Added by Stats. 2022, Ch. 251, Sec. 12. (AB 209) Effective September 6, 2022.)
  97. 25665.6.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 5. Equitable Building Decarbonization Program [25665 - 25665.7] ( Article 5 added by Stats. 2022, Ch. 251, Sec. 12. )

    Verify source ↗

    The commission may adopt guidelines or other standards to implement this article, and it must give the public a chance to comment and hold at least one public workshop before adopting or revising them.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 5. Equitable Building Decarbonization Program [25665 - 25665.7] ( Article 5 added by Stats. 2022, Ch. 251, Sec. 12. ) ## 25665.6. The commission may adopt guidelines or other standards at a commission business meeting to implement this article. 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 adoption of the guidelines or other standards adopted by the commission to implement this article. Before adopting or revising the guidelines or other standards, the commission shall provide an opportunity for public comment and at least one public workshop. (Added by Stats. 2022, Ch. 251, Sec. 12. (AB 209) Effective September 6, 2022.)
  98. 25665.7.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 5. Equitable Building Decarbonization Program [25665 - 25665.7] ( Article 5 added by Stats. 2022, Ch. 251, Sec. 12. )

    Verify source ↗

    The commission must report on the Equitable Building Decarbonization Program each year and, after all program funds are spent, notify the Secretary of State; the section then becomes inoperative and is later repealed.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 5. Equitable Building Decarbonization Program [25665 - 25665.7] ( Article 5 added by Stats. 2022, Ch. 251, Sec. 12. ) ## 25665.7. (a) Notwithstanding Section 10231.5 of the Government Code, on or before September 1, 2024, and annually thereafter until all moneys appropriated in Items 3360-002-0001 and 3360-102-0001 of Section 2.00 of the Budget Act of 2022, as amended by Chapter 249 of the Statutes of 2022, for the Equitable Building Decarbonization Program have been expended, the commission shall submit a report to the relevant policy committees of the Legislature that includes information about the progress of the direct install program, including the selected administrators and implementers and implementation progress, including, but not limited to, the number of residents and buildings provided low- and zero-cost projects, the number of each project type implemented, the estimated reductions of the emissions of greenhouse gases, and the locational distribution of the expenditures by county and region. (b) (1) Upon the complete expenditure of all moneys described in subdivision (a), the commission shall notify the Secretary of State contemporaneously with the submission of the report required by subdivision (a) that includes information regarding the last expended moneys. (2) This section shall become inoperative on the date the commission notifies the Secretary of State pursuant to paragraph (1) and is repealed on January 1 of the following year. (Added by Stats. 2023, Ch. 387, Sec. 1. (SB 306) Effective January 1, 2024. Conditionally inoperative as prescribed by its own provisions. Repealed January 1 following the inoperative date.)
  99. 25666.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 6. Program to Support Offshore Wind Infrastructure Improvements [25666- 25666.] ( Article 6 added by Stats. 2022, Ch. 251, Sec. 12. )

    Verify source ↗

    The commission must establish and run a program to support offshore wind infrastructure improvements, and may issue guidelines for the article.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.6. Clean Energy Programs [25660 - 25666] ( Chapter 7.6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## ARTICLE 6. Program to Support Offshore Wind Infrastructure Improvements [25666- 25666.] ( Article 6 added by Stats. 2022, Ch. 251, Sec. 12. ) ## 25666. (a) The commission shall establish and administer a program to support offshore wind infrastructure improvements in order to advance the capabilities of California ports, harbors, and other waterfront facilities to support the buildout of offshore wind facilities and maximize the economic and environmental benefits of an offshore wind industry in California. (b) The commission may develop guidelines for purposes of this article. Eligible applicants shall include California port authorities, port operators, port commissions, and their respective authorized agents, other California waterfront facilities, and other entities that demonstrate a commitment to California offshore wind energy investments and are partnered with a California waterfront facility. (c) Moneys allocated pursuant to this article may be used for any of the following purposes: (1) Category I activities. Category I activities support developing individual or regional retrofit concepts and investment plans. Category I activities may include planning, feasibility analysis, business case development, environmental analyses, engineering and design work, and other offshore wind energy related planning and development activities. (2) Category II activities. Category II activities support final design, engineering, environmental studies and review, and construction of retrofits. Category II activities may support a range of retrofit activities to support deployment of offshore wind energy, including land expansion for component assembly, staging, and transportation, facility updates such as adding laydown and storage areas, increasing heavy-lift crane weight and height capabilities, and other improvements to support the long-term operation and maintenance of offshore wind generation facilities, and other offshore wind energy related design and development activities. (3) Providing cost share funding to an eligible applicant that receives a federal award for purposes consistent with Category I or Category II activities. Moneys allocated pursuant to this paragraph shall be known as Category III funds. (4) Preliminary engineering and environmental review work, including taking actions and preparing material to comply with the California Environmental Quality Act (Division 13 (commencing with Section 21000)) or federal environmental laws. (d) Moneys allocated pursuant to this article may be used for one or more purposes described in subdivision (c), to the extent it is consistent with the commission’s guidelines and the scope of the allocation. (Added by Stats. 2022, Ch. 251, Sec. 12. (AB 209) Effective September 6, 2022.)
  100. 25685.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.8. Carbon Removal Innovation Program [25685 - 25689] ( Chapter 7.8 added by Stats. 2022, Ch. 251, Sec. 13. ) ## ARTICLE 1. General Provisions and Definitions [25685 - 25686] ( Article 1 added by Stats. 2022, Ch. 251, Sec. 13. )

    Verify source ↗

    This chapter may be cited as the Carbon Removal Innovation Program.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.8. Carbon Removal Innovation Program [25685 - 25689] ( Chapter 7.8 added by Stats. 2022, Ch. 251, Sec. 13. ) ## ARTICLE 1. General Provisions and Definitions [25685 - 25686] ( Article 1 added by Stats. 2022, Ch. 251, Sec. 13. ) ## 25685. This chapter shall be known, and may be cited, as the Carbon Removal Innovation Program. (Added by Stats. 2022, Ch. 251, Sec. 13. (AB 209) Effective September 6, 2022.)
  101. 25686.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.8. Carbon Removal Innovation Program [25685 - 25689] ( Chapter 7.8 added by Stats. 2022, Ch. 251, Sec. 13. ) ## ARTICLE 1. General Provisions and Definitions [25685 - 25686] ( Article 1 added by Stats. 2022, Ch. 251, Sec. 13. )

    Verify source ↗

    This section defines “eligible projects,” “financial incentive,” and “program” for the chapter.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.8. Carbon Removal Innovation Program [25685 - 25689] ( Chapter 7.8 added by Stats. 2022, Ch. 251, Sec. 13. ) ## ARTICLE 1. General Provisions and Definitions [25685 - 25686] ( Article 1 added by Stats. 2022, Ch. 251, Sec. 13. ) ## 25686. For purposes of this chapter, the following definitions apply: (a) “Eligible projects” means projects that include, but are not limited to, technology research, development, and demonstrations and implementation of prototype and pilot research test centers. (b) “Financial incentive” includes a contract, grant, loan, or other appropriate funding mechanism. (c) “Program” means the Carbon Removal Innovation Program established pursuant to Article 2 (commencing with Section 25688). (Added by Stats. 2022, Ch. 251, Sec. 13. (AB 209) Effective September 6, 2022.)
  102. 25688.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.8. Carbon Removal Innovation Program [25685 - 25689] ( Chapter 7.8 added by Stats. 2022, Ch. 251, Sec. 13. ) ## ARTICLE 2. Program Establishment and Implementation [25688 - 25689] ( Article 2 added by Stats. 2022, Ch. 251, Sec. 13. )

    Verify source ↗

    The commission must establish and run the Carbon Removal Innovation Program to fund eligible direct air capture projects.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.8. Carbon Removal Innovation Program [25685 - 25689] ( Chapter 7.8 added by Stats. 2022, Ch. 251, Sec. 13. ) ## ARTICLE 2. Program Establishment and Implementation [25688 - 25689] ( Article 2 added by Stats. 2022, Ch. 251, Sec. 13. ) ## 25688. (a) The commission shall establish and administer the Carbon Removal Innovation Program to provide financial incentives for eligible projects that advance technologies for direct air capture of atmospheric carbon. (b) Eligible projects shall include, but not be limited to, technology research, development and demonstrations, and prototype and pilot research test centers to remove atmospheric carbon. Eligible projects shall not include a project to benefit a petroleum or gas production, processing, or refining facility, through enhanced oil or gas recovery. (Added by Stats. 2022, Ch. 251, Sec. 13. (AB 209) Effective September 6, 2022.)
  103. 25689.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.8. Carbon Removal Innovation Program [25685 - 25689] ( Chapter 7.8 added by Stats. 2022, Ch. 251, Sec. 13. ) ## ARTICLE 2. Program Establishment and Implementation [25688 - 25689] ( Article 2 added by Stats. 2022, Ch. 251, Sec. 13. )

    Verify source ↗

    The commission may use financial incentives, set program guidelines, award funds in specified ways, make limited advance payments, consult other agencies, and must publish project information online by January 1, 2026.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 7.8. Carbon Removal Innovation Program [25685 - 25689] ( Chapter 7.8 added by Stats. 2022, Ch. 251, Sec. 13. ) ## ARTICLE 2. Program Establishment and Implementation [25688 - 25689] ( Article 2 added by Stats. 2022, Ch. 251, Sec. 13. ) ## 25689. In implementing the program, the commission may do all of the following: (a) In addition to any other authorized method of providing moneys to participants, use financial incentives. (b) Adopt guidelines or other standards at a commission business meeting for the program, including guidelines to ensure that the program improves emission reductions and environmental performance of existing facilities and does not adversely impact local air quality. (c) Notwithstanding any other law, noncompetitively award program moneys to an entity that will use the moneys as matching funds for federally awarded moneys. (d) Notwithstanding any other law, advance up to 25 percent at a time of the program moneys awarded pursuant to this chapter to the awardee. (e) Consult with the State Air Resources Board, State Water Resources Control Board, Department of Fish and Wildlife, State Lands Commission, local air quality management districts and local air pollution control districts, regional water quality control boards, and other relevant local, state, or federal agencies, to ensure program moneys support achieving the state’s climate targets, to the extent feasible. (f) On or before January 1, 2026, the commission shall publish on its internet website, at a minimum, the following information regarding the projects for which the commission awards program funds: (1) A detailed description of the project, including how the project meets the goals and objectives established by the commission. (2) A detailed update regarding the status of the construction, development, permitting, and operation of the project. (3) If feasible, based on available data, an analysis of the effectiveness of the project, and the project’s impact on criteria pollutants in the community in which the project is located or near. (Added by Stats. 2022, Ch. 251, Sec. 13. (AB 209) Effective September 6, 2022.)
  104. 25700.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8. Energy Shortage Contingency Planning [25700 - 25705] ( Chapter 8 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    The commission must develop contingency plans for possible shortages of electrical energy or fuel supplies.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8. Energy Shortage Contingency Planning [25700 - 25705] ( Chapter 8 added by Stats. 1974, Ch. 276. ) ## 25700. The commission shall, in accordance with the provisions of this chapter, develop contingency plans to deal with possible shortages of electrical energy or fuel supplies to protect public health, safety, and welfare. (Added by Stats. 1974, Ch. 276.)
  105. 25701.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8. Energy Shortage Contingency Planning [25700 - 25705] ( Chapter 8 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    Utilities and fuel businesses must file an emergency energy shortage plan within six months, and the commission may collect existing contingency plans from agencies.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8. Energy Shortage Contingency Planning [25700 - 25705] ( Chapter 8 added by Stats. 1974, Ch. 276. ) ## 25701. (a) Within six months after the effective date of this division, each electric utility, gas utility, and fuel wholesaler or manufacturer in the state shall prepare and submit to the commission a proposed emergency load curtailment plan or emergency energy supply distribution plan setting forth proposals for identifying priority loads or users in the event of a sudden and serious shortage of fuels or interruption in the generation of electricity. (b) The commission shall encourage electric utilities to cooperate in joint preparation of an emergency load curtailment plan or emergency energy distribution plan. If such a cooperative plan is developed between two or more electric utilities, such utilities may submit such joint plans to the commission in place of individual plans required by subdivision (a) of this section. (c) The commission shall collect from all relevant governmental agencies, including, but not limited to, the Public Utilities Commission and the Office of Emergency Services, any existing contingency plans for dealing with sudden energy shortages or information related thereto. (Amended by Stats. 2013, Ch. 352, Sec. 484. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  106. 25702.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8. Energy Shortage Contingency Planning [25700 - 25705] ( Chapter 8 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    The commission must review emergency shortage planning and, within one year after the division takes effect, approve and recommend plans 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 8. Energy Shortage Contingency Planning [25700 - 25705] ( Chapter 8 added by Stats. 1974, Ch. 276. ) ## 25702. The commission shall, after one or more public hearings, review the emergency load curtailment program plans or emergency energy supply distribution plans submitted pursuant to Section 25701, and, within one year after the effective date of this division, the commission shall approve and recommend to the Governor and the Legislature plans for emergency load curtailment and energy supply distribution in the event of a sudden energy shortage. Such plans shall be based upon the plans presented by the electric utilities, gas utilities, and fuel wholesalers or manufacturers, information provided by other governmental agencies, independent analysis and study by the commission and information provided at the hearing or hearings. Such plans shall provide for the provision of essential services, the protection of public health, safety, and welfare, and the maintenance of a sound basic state economy. Provision shall be made in such plans to eliminate wasteful, uneconomic, and unnecessary uses of energy in times of shortages and to differentiate curtailment of energy consumption by users on the basis of ability to accommodate such curtailments. Such plans shall also specify the authority of and recommend the appropriate actions of state and local governmental agencies in dealing with energy shortages. (Added by Stats. 1974, Ch. 276.)
  107. 25703.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8. Energy Shortage Contingency Planning [25700 - 25705] ( Chapter 8 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    The commission must review and revise the recommended plans within four months after any new facility is certified, and it must review the plans at least every five years after the initial plan is approved, after public hearings.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8. Energy Shortage Contingency Planning [25700 - 25705] ( Chapter 8 added by Stats. 1974, Ch. 276. ) ## 25703. Within four months after the date of certification of any new facility, the commission shall review and revise the recommended plans based on additional new capacity attributed to any such facility. The commission shall, after one or more public hearings, review the plans at least every five years from the approval of the initial plan as specified in Section 25702. (Added by Stats. 1974, Ch. 276.)
  108. 25704.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8. Energy Shortage Contingency Planning [25700 - 25705] ( Chapter 8 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    The commission must study whether serious energy shortages are likely and recommend actions 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 8. Energy Shortage Contingency Planning [25700 - 25705] ( Chapter 8 added by Stats. 1974, Ch. 276. ) ## 25704. The commission shall carry out studies to determine if potential serious shortages of electrical, natural gas, or other sources of energy are likely to occur and shall make recommendations to the Governor and the Legislature concerning administrative and legislative actions required to avert possible energy supply emergencies or serious fuel shortages, including, but not limited to, energy conservation and energy development measures, to grant authority to specific governmental agencies or officers to take actions in the event of a sudden energy shortage, and to clarify and coordinate existing responsibilities for energy emergency actions. (Added by Stats. 1974, Ch. 276.)
  109. 25704.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8. Energy Shortage Contingency Planning [25700 - 25705] ( Chapter 8 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    The commission must develop recommendations for a minimum planning reserve margin for local publicly owned electric utilities, and must revise those recommendations over time.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8. Energy Shortage Contingency Planning [25700 - 25705] ( Chapter 8 added by Stats. 1974, Ch. 276. ) ## 25704.5. (a) The Legislature finds and declares all of the following: (1) Climate change has increased the frequency and intensity of extreme heat events and increasing levels of variable renewable energy resources necessitate planning for the net load, which is load minus variable renewables, peak in addition to peak load. (2) There is a need to reassess how applicable authorities plan to have adequate resources to ensure reliability in all hours of the day. While certain capacity product requirements have been standardized through the Independent System Operator, such as local and flexible capacity obligations, and there have been discussions of increased or even minimum planning reserves margins, there is a need to consider modern metrics to assess the overall reliability performance of the Independent System Operator balancing authority area. (b) On or before December 31, 2023, the commission shall, as part of a transparent public process that includes input from industry stakeholders, and in direct collaboration with representatives of local publicly owned electric utilities and the Independent System Operator, develop recommendations about approaches to determine an appropriate minimum planning reserve margin for local publicly owned electric utilities within the Independent System Operator balancing authority area sufficient to ensure each local publicly owned electric utility is adequately accounting for its contribution to reliability in the Independent System Operator balancing authority area. The approaches shall take into consideration climate change, extreme weather events, cost effectiveness, and feasibility, and may vary by utility type. The recommendations shall include an implementation timeline taking into account potential impacts on resource needs and availability of clean energy resources. These recommendations shall be used by local publicly owned electric utilities in conformance with subdivision (b) of Section 9620 of the Public Utilities Code. The commission shall from time to time revise, as appropriate and in accordance with the process set forth in this subdivision, the planning reserve margin recommendations to ensure that each local publicly owned electric utility is adequately accounting for its contribution to reliability. (Added by Stats. 2022, Ch. 251, Sec. 14. (AB 209) Effective September 6, 2022.)
  110. 25705.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8. Energy Shortage Contingency Planning [25700 - 25705] ( Chapter 8 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    If specified emergency conditions are met, the commission must authorize construction and use of generating facilities, and it must issue a report within 60 days after that authorization.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8. Energy Shortage Contingency Planning [25700 - 25705] ( Chapter 8 added by Stats. 1974, Ch. 276. ) ## 25705. If the commission determines that all reasonable conservation, allocation, and service restriction measures may not alleviate an energy supply emergency, and upon a declaration by the Governor or by an act of the Legislature that a threat to public health, safety, and welfare exists and requires immediate action, the commission shall authorize the construction and use of generating facilities under such terms and conditions as specified by the commission to protect the public interest. Within 60 days after the authorization of construction and use of such generating facilities, the commission shall issue a report detailing the full nature, extent, and estimated duration of the emergency situation and making recommendations to the Governor and the Legislature for further energy conservation and energy supply measures to alleviate the emergency situation as alternatives to use of such generating facilities. (Amended by Stats. 1978, Ch. 1012.)
  111. 25710.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.1. Electric Program Investment Charge Fund [25710 - 25712] ( Chapter 8.1 added by Stats. 2012, Ch. 39, Sec. 97. )

    Verify source ↗

    This section defines “Electric Program Investment Charge” and “Fund” for the chapter.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.1. Electric Program Investment Charge Fund [25710 - 25712] ( Chapter 8.1 added by Stats. 2012, Ch. 39, Sec. 97. ) ## 25710. For the purposes of this chapter, the following terms have the following meanings: (a) “Electric Program Investment Charge” means the surcharge instituted by the Public Utilities Commission pursuant to Decision 11-12-035 or any subsequent decisions to collect funds for renewable energy programs and research, development, and demonstration programs. (b) “Fund” means the portion of the Electric Program Investment Charge Fund created by Section 25711. (Added by Stats. 2012, Ch. 39, Sec. 97. (SB 1018) Effective June 27, 2012.)
  112. 25711.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.1. Electric Program Investment Charge Fund [25710 - 25712] ( Chapter 8.1 added by Stats. 2012, Ch. 39, Sec. 97. )

    Verify source ↗

    This section creates the Electric Program Investment Charge Fund in the State Treasury and assigns the commission, the Public Utilities Commission, and the Controller specific duties for managing and using it.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.1. Electric Program Investment Charge Fund [25710 - 25712] ( Chapter 8.1 added by Stats. 2012, Ch. 39, Sec. 97. ) ## 25711. For the purposes of implementing this chapter, the Electric Program Investment Charge Fund is hereby created in the State Treasury. (a) The commission shall administer the fund. (b) At least quarterly, moneys received by the Public Utilities Commission pursuant to the Electric Program Investment Charge for those programs the Public Utilities Commission has determined should be administered by the Energy Commission shall be forwarded by the Public Utilities Commission to the commission for deposit in the fund. (c) The Controller shall, as directed by the commission, disburse moneys in the fund for purposes of this chapter. (d) The commission may use moneys in the fund for the administration of this chapter, as authorized by the Public Utilities Commission and appropriated by the Legislature in the annual Budget Act. (Added by Stats. 2012, Ch. 39, Sec. 97. (SB 1018) Effective June 27, 2012.)
  113. 25711.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.1. Electric Program Investment Charge Fund [25710 - 25712] ( Chapter 8.1 added by Stats. 2012, Ch. 39, Sec. 97. )

    Verify source ↗

    The commission must run the EPIC program and use fund money for projects that benefit electricity ratepayers, with reporting, tracking, and oversight requirements.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.1. Electric Program Investment Charge Fund [25710 - 25712] ( Chapter 8.1 added by Stats. 2012, Ch. 39, Sec. 97. ) ## 25711.5. In administering moneys in the fund for research, development, and demonstration programs under this chapter, the commission shall develop and implement the Electric Program Investment Charge (EPIC) program to do all of the following: (a) Award funds for projects that will benefit electricity ratepayers and lead to either of the following: (1) Technological advancement and breakthroughs to overcome the barriers that prevent the achievement of the state’s statutory energy goals and that result in a portfolio of projects that is strategically focused and sufficiently narrow to make advancement on the most significant technological challenges that shall include, but not be limited to, energy storage, renewable energy and its integration into the electrical grid, energy efficiency, integration of electric vehicles into the electrical grid, and accurately forecasting the availability of renewable energy for integration into the electrical grid. (2) Technological advancements to reduce the costs of building electrification, including by reducing or avoiding costs of expanding electrical service and electrical panel upgrades for existing buildings. (b) In consultation with the Treasurer, establish terms that shall be imposed as a condition to receipt of funding for the state to accrue any intellectual property interest or royalties that may derive from projects funded by the EPIC program. The commission, when determining if imposition of the proposed terms is appropriate, shall balance the potential benefit to the state from those terms and the effect those terms may have on the state achieving its statutory energy goals. The commission shall require each reward recipient, as a condition of receiving moneys pursuant to this chapter, to agree to any terms the commission determines are appropriate for the state to accrue any intellectual property interest or royalties that may derive from projects funded by the EPIC program. (c) Require each applicant to report how the proposed project may lead to technological advancement and potential breakthroughs to overcome barriers to achieving the state’s statutory energy goals. (d) Take into account, when applicable, the adverse localized health impacts of proposed projects to the greatest extent possible. (e) Establish a process for tracking the progress and outcomes of each funded project, including an accounting of the amount of funds spent by program administrators and individual grant recipients on administrative and overhead costs and whether the project resulted in any technological advancement or breakthrough to overcome barriers to achieving the state’s statutory energy goals. (f) Notwithstanding Section 10231.5 of the Government Code, prepare and submit to the Legislature no later than April 30 of each year an annual report in compliance with Section 9795 of the Government Code that shall include all of the following: (1) A brief description of each project for which funding was awarded in the immediately prior calendar year, including the name of the recipient and the amount of the award, a description of how the project is thought to lead to technological advancement or breakthroughs to overcome barriers to achieving the state’s statutory energy goals, and a description of why the project was selected. (2) A brief description of each project funded by the EPIC program that was completed in the immediately prior calendar year, including the name of the recipient, the amount of the award, and the outcomes of the funded project. (3) A brief description of each project funded by the EPIC program for which an award was made in the previous years but that is not completed, including the name of the recipient and the amount of the award, and a description of how the project will lead to technological advancement or breakthroughs to overcome barriers to achieving the state’s statutory energy goals. (4) Identification of the award recipients that are California-based entities, small businesses, or businesses owned by women, minorities, or disabled veterans. (5) Identification of which awards were made through a competitive bid, interagency agreement, or sole source method, and the action of the Joint Legislative Budget Committee pursuant to paragraph (2) of subdivision (h) for each award made through an interagency agreement or sole source method. (6) Identification of the total amount of administrative and overhead costs incurred for each project. (7) A brief description of the impact on program administration from the allocations required to be made pursuant to former Section 25711.6, including any information that would help the Legislature determine whether to reauthorize those allocations beyond June 30, 2023. (8) A brief description of each project for which follow-on funding was awarded in the immediately prior calendar year, including the amount of follow-on funding awarded for the project and the method and criteria used to select that project. (g) Establish requirements to minimize program administration and overhead costs, including costs incurred by program administrators and individual grant recipients. Each program administrator and grant recipient, including a public entity, shall be required to justify actual administration and overhead costs incurred, even if the total costs incurred do not exceed a cap on those costs that the commission may adopt. (h) (1) Use a competitive bid as the preferred method to solicit project applications and award funds pursuant to the EPIC program, except as specified in paragraphs (2) and (4). (2) (A) The commission may use a sole source or interagency agreement method to noncompetitively award funding for a project if the project has a reasonable cost, the project satisfies one or more of the criteria described in subdivision (f) of Section 25620.5, and both of the following conditions are met: (i) The commission, at least 60 days before making an award pursuant to this subdivision, notifies the Joint Legislative Budget Committee and the relevant policy committees in both houses of the Legislature, in writing, of its intent to take the proposed action. (ii) The Joint Legislative Budget Committee either approves or does not disapprove the proposed action within 60 days from the date of notification required by clause (i). (B) It is the intent of the Legislature to enact this paragraph to ensure legislative oversight for awards made on a sole source basis, or through an interagency agreement. (3) Notwithstanding any other law, standard terms and conditions that generally apply to contracts between the commission and any entities, including state entities, do not automatically preclude the award of moneys from the fund through the competitive bid method. (4) (A) Notwithstanding any other law, the commission may award, through a noncompetitive method, follow-on funding for projects that meet all of the following requirements: (i) The project is eligible to receive an award of funds from the EPIC program. (ii) The project has been funded, at least in part, through the EPIC program. (iii) The project has a prime recipient that is located in California. (iv) The project will spend a minimum of 80 percent of its funding from the program in California. (v) The project has received funding for the original project or technology through a competitive bid process from a state or federal agency. (vi) The project has demonstrated significant results under its previous award. (vii) The project has technology breakthrough potential that can enable the state to achieve its statutory energy policy goals on or ahead of schedule. (viii) The project can address near-term priorities impacting the electricity sector and its ratepayers, such as mitigating wildfires and reducing the occurrence of deenergization events. (ix) Absent follow-on funding, the project would experience a gap in funding that would likely prevent the technology from achieving significant advancement, negatively impact the ability of the project to attract sufficient private investment, or prevent the project’s commercialization and associated sales revenue. (x) The project has not previously received follow-on funding through a noncompetitive method. (B) The commission shall approve any award of follow-on funding at a business meeting. (C) Follow-on funding is not subject to the requirements of paragraph (2). (D) A project’s follow-on funding shall not exceed the project’s most recent competitively bid award through the EPIC program. (E) The commission may adopt guidelines for follow-on funding awards. 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 adoption of these guidelines. (F) This paragraph shall become inoperative on January 1, 2028. (Amended by Stats. 2025, Ch. 15, Sec. 6. (SB 127) Effective June 27, 2025.)
  114. 25711.7.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.1. Electric Program Investment Charge Fund [25710 - 25712] ( Chapter 8.1 added by Stats. 2012, Ch. 39, Sec. 97. )

    Verify source ↗

    The Public Utilities Commission may not require funding collections above the amount set in the referenced decisions.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.1. Electric Program Investment Charge Fund [25710 - 25712] ( Chapter 8.1 added by Stats. 2012, Ch. 39, Sec. 97. ) ## 25711.7. (a) The Public Utilities Commission shall not require the collection of funds pursuant to its Decision 12-05-037 (May 24, 2012), Phase 2 Decision Establishing Purposes and Governance for Electric Program Investment Charge and Establishing Funding Collections for 2013–2020, as corrected by Decision 12-07-001 (July 3, 2012), Order Correcting Error, and as modified by Decision 13-04-030 (April 18, 2013), Order Modifying Decision (D.) 12-05-037, and Denying Rehearing of Decision, as Modified, in an annual amount greater than the amount specified in those decisions. (b) This section does not modify, alter, or, in any way, affect the operation of Section 25712. (Added by Stats. 2013, Ch. 356, Sec. 23. (SB 96) Effective September 26, 2013.)
  115. 25711.8.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.1. Electric Program Investment Charge Fund [25710 - 25712] ( Chapter 8.1 added by Stats. 2012, Ch. 39, Sec. 97. )

    Verify source ↗

    A recipient of money awarded under this chapter must not use those funds to buy diesel generators, including diesel backup generators, when the project is for deploying a microgrid.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.1. Electric Program Investment Charge Fund [25710 - 25712] ( Chapter 8.1 added by Stats. 2012, Ch. 39, Sec. 97. ) ## 25711.8. For a project related to the deployment of a microgrid, a recipient of moneys awarded pursuant to this chapter shall not expend those moneys for the purchase of diesel generators, including diesel backup generators. (Added by Stats. 2017, Ch. 476, Sec. 2. (AB 1400) Effective January 1, 2018.)
  116. 25711.9.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.1. Electric Program Investment Charge Fund [25710 - 25712] ( Chapter 8.1 added by Stats. 2012, Ch. 39, Sec. 97. )

    Verify source ↗

    The commission must consider certain EPIC funding options and related biomass-conversion impacts.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.1. Electric Program Investment Charge Fund [25710 - 25712] ( Chapter 8.1 added by Stats. 2012, Ch. 39, Sec. 97. ) ## 25711.9. (a) The commission shall consider, in the investment planning process for the Electric Program Investment Charge (EPIC) program, funding for eligible biomass conversion, as defined in Section 40106, to energy projects using new and emerging technologies that maximize ratepayer and public benefits. (b) In determining the appropriate amount of EPIC funding for biomass conversion, the commission shall consider the recommendations of the State Air Resources Board and the State Board of Forestry and Fire Protection, and shall coordinate with the Natural Resources Agency, the Department of Resources Recycling and Recovery, and the Department of Food and Agriculture about the need for biomass conversion. (c) The commission shall also consider opportunities to reduce short-lived climate pollutant emissions, generate carbon negative emissions, reduce wildfire impacts, and increase energy reliability. (Added by Stats. 2021, Ch. 229, Sec. 2. (AB 322) Effective January 1, 2022.)
  117. 25712.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.1. Electric Program Investment Charge Fund [25710 - 25712] ( Chapter 8.1 added by Stats. 2012, Ch. 39, Sec. 97. )

    Verify source ↗

    This chapter does not authorize a new charge or an increase in an existing charge, and it does not change the Public Utilities Commission’s existing authority to levy or increase charges.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.1. Electric Program Investment Charge Fund [25710 - 25712] ( Chapter 8.1 added by Stats. 2012, Ch. 39, Sec. 97. ) ## 25712. This chapter does not authorize the levy of a charge or any increase in the amount collected pursuant to any existing charge, nor does it add to, or detract from, any existing authority of the Public Utilities Commission to levy or increase charges. (Added by Stats. 2012, Ch. 39, Sec. 97. (SB 1018) Effective June 27, 2012.)
  118. 25720.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.2. Strategic Fuel Reserve [25720 - 25721] ( Chapter 8.2 added by Stats. 2000, Ch. 936, Sec. 1. )

    Verify source ↗

    The commission must study a strategic fuel reserve, consult other agencies, recommend reserve levels, and develop fuel-reduction strategy recommendations with the State Air Resources Board.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.2. Strategic Fuel Reserve [25720 - 25721] ( Chapter 8.2 added by Stats. 2000, Ch. 936, Sec. 1. ) ## 25720. (a) By January 31, 2002, the commission shall examine the feasibility, including possible costs and benefits to consumers and impacts on fuel prices for the general public, of operating a strategic fuel reserve to insulate California consumers and businesses from substantial short-term price increases arising from refinery outages and other similar supply interruptions. In evaluating the potential operation of a strategic fuel reserve, the commission shall consult with other state agencies, including, but not limited to, the State Air Resources Board. (b) The commission shall examine and recommend an appropriate level of reserves of fuel, but in no event may the reserve be less than the amount of refined fuel that the commission estimates could be produced by the largest California refiner over a two week period. In making this examination and recommendation, the commission shall take into account all of the following: (1) Inventories of California-quality fuels or fuel components reasonably available to the California market. (2) Current and historic levels of inventory of fuels. (3) The availability and cost of storage of fuels. (4) The potential for future supply interruptions, price spikes, and the costs thereof to California consumers and businesses. (c) The commission shall evaluate a mechanism to release fuel from the reserve that permits any customer to contract at any time for the delivery of fuel from the reserve in exchange for an equal amount of fuel that meets California specifications and is produced from a source outside of California that the customer agrees to deliver back to the reserve within a time period to be established by the commission, but not longer than six weeks. (d) The commission shall evaluate reserve storage space from existing facilities. (e) The commission shall evaluate a reserve operated by an independent operator that specializes in purchasing and storing fuel, and is selected through competitive bidding. (f) (1) Not later than January 31, 2002, the commission and the State Air Resources Board, in consultation with the other state and local agencies the commission deems necessary, shall develop and adopt recommendations for the Governor and Legislature on a California Strategy to Reduce Petroleum Dependence. (2) The strategy shall include a base case forecast by the commission of gasoline, diesel, and petroleum consumption in years 2010 and 2020 based on current best estimates of economic and population growth, petroleum base fuel supply and availability, vehicle efficiency, and utilization of alternative fuels and advanced transportation technologies. (3) The strategy shall include recommended statewide goals for reductions in the rate of growth of gasoline and diesel fuel consumption and increased transportation energy efficiency and utilization of nonpetroleum based fuels and advanced transportation technologies, including alternative fueled vehicles, hybrid vehicles, and high fuel efficiency vehicles. (g) The studies required by this section shall be conducted in conjunction with any other studies required by acts enacted during the 2000 portion of the 1999–2000 Regular Session dealing with gasoline prices. (Added by Stats. 2000, Ch. 936, Sec. 1. Effective January 1, 2001.)
  119. 25721.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.2. Strategic Fuel Reserve [25720 - 25721] ( Chapter 8.2 added by Stats. 2000, Ch. 936, Sec. 1. )

    Verify source ↗

    The commission must report its findings and recommendations to the Governor, the Legislature, and the Attorney General by January 31, 2002, and must request statutory authority and funding if it finds a strategic gas reserve would be feasible.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.2. Strategic Fuel Reserve [25720 - 25721] ( Chapter 8.2 added by Stats. 2000, Ch. 936, Sec. 1. ) ## 25721. The commission shall report its findings and recommendations to the Governor, the Legislature, and the Attorney General by January 31, 2002. If the commission finds that it would be feasible to operate a strategic gas reserve to insulate California consumers and businesses from substantial, short-term price increases arising from refinery outages or other similar supply interruptions, the commission shall request specific statutory authority and funding for establishment of a reserve. (Added by Stats. 2000, Ch. 936, Sec. 1. Effective January 1, 2001.)
  120. 25722.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.3. State Vehicle Fleet [25722 - 25724.4] ( Chapter 8.3 added by Stats. 2001, Ch. 912, Sec. 2. )

    Verify source ↗

    State agencies must adopt fuel-efficiency and emissions specifications for state vehicle purchases, conduct a supporting study, and may need to pursue a federal waiver if the study supports one.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.3. State Vehicle Fleet [25722 - 25724.4] ( Chapter 8.3 added by Stats. 2001, Ch. 912, Sec. 2. ) ## 25722. (a) On or before January 31, 2003, the commission, the Department of General Services, and the State Air Resources Board, in consultation with any other state agency that the commission, the department, and the state board deem necessary, shall develop and adopt fuel-efficiency specifications governing the purchase by the state of motor vehicles and replacement tires that, on an annual basis, will reduce petroleum consumption of the state vehicle fleet to the maximum extent practicable and cost-effective. (b) In developing the specifications, the commission and the department shall jointly conduct a study to examine state vehicle purchasing patterns, including the purchase of after market tires, and to analyze the costs and benefits of reducing the energy consumption of the state vehicle fleet by no less than 10 percent on or before January 1, 2005. (c) The study shall include an analysis of all of the following topics: (1) Use of alternative fuels. (2) Use of fuel-efficient vehicles. (3) Costs and benefits of decreasing the size of the state vehicle fleet. (4) Reduction in vehicle trips and increase in use of alternative means of transportation. (5) Improved vehicle maintenance. (6) Costs and benefits of using fuel-efficient tires relative to using retreaded tires, as described in the Retreaded Tire Program (Chapter 7 (commencing with Section 42400) of Part 3 of Division 30 of the Public Resources Code). (7) The costs and benefits of purchasing high fuel efficiency gasoline vehicles, including hybrid electric vehicles, instead of flexible fuel vehicles. (d) On or before January 31, 2003, and annually thereafter, the commission, the Department of General Services, and the State Air Resources Board, in consultation with any other state agency that the commission, the department, and the state board deem necessary, shall develop and adopt air pollution emission specifications governing the purchase by the state of passenger cars and light-duty trucks that meet or exceed California’s Ultra-Low Emission Vehicle (ULEV) standards for exhaust emissions (13 Cal. Code Regs. 1960.1). (e) If the study described in subdivision (b) determines that lower cost measures exist that deliver petroleum reductions equivalent to applicable federal requirements governing the state purchase of passenger cars and light-duty trucks, the state shall pursue a waiver from those federal requirements. (Added by Stats. 2001, Ch. 912, Sec. 2. Effective January 1, 2002.)
  121. 25722.11.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.3. State Vehicle Fleet [25722 - 25724.4] ( Chapter 8.3 added by Stats. 2001, Ch. 912, Sec. 2. )

    Verify source ↗

    The Department of General Services and other state entities must make a growing share of new heavy fleet vehicle purchases zero-emission, with exceptions for certain public-safety vehicles.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.3. State Vehicle Fleet [25722 - 25724.4] ( Chapter 8.3 added by Stats. 2001, Ch. 912, Sec. 2. ) ## 25722.11. (a) Beginning December 31, 2025, at least 15 percent of newly purchased vehicles with a gross vehicle weight rating of 19,000 pounds or more purchased by the Department of General Services and other state entities for the state fleet shall be zero emission. Beginning December 31, 2030, at least 30 percent of newly purchased vehicles with a gross vehicle weight rating of 19,000 pounds or more purchased by the Department of General Services and other state entities for the state fleet shall be zero emission. (b) This section does not apply to vehicles that have special performance requirements necessary for the protection of public safety, as defined by the Department of General Services. (c) If, on or after December 31, 2026, the Department of General Services, in a public hearing, finds that it cannot meet the needs of the state while meeting the requirements of this section, the department shall disclose that finding at the hearing and shall notify the Legislature of the finding in compliance with Section 9795 of the Government Code. (d) Upon disclosure of a finding pursuant to subdivision (c), the Department of General Services shall take the following steps: (1) While meeting the requirements of this section to the maximum extent practicable, the department, in consultation with the State Air Resources Board, shall conduct a technological assessment of zero-emission vehicle technology for vehicles with a gross vehicle weight rating of 19,000 pounds or more. The technological assessment shall include a plan to address the issues preventing the department and other state entities from meeting the requirements of this section. (2) The department shall implement the plan developed pursuant to paragraph (1) for a period of at least one year. (3) If, after the one-year period specified in paragraph (2), the department, in a public hearing, finds that it still cannot meet the needs of the state while meeting the requirements of this section, the department shall disclose that finding at the hearing and shall notify the Legislature of the finding in compliance with Section 9795 of the Government Code. (e) This section is inoperative on the date on which the Department of General Services notifies the Legislature pursuant to paragraph (3) of subdivision (d) and is repealed on January 1 of the following year. (Added by Stats. 2017, Ch. 639, Sec. 1. (AB 739) Effective January 1, 2018. Inoperative on date prescribed by its own provisions. Repealed, by its own provisions, on January 1 following inoperative date.)
  122. 25722.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.3. State Vehicle Fleet [25722 - 25724.4] ( Chapter 8.3 added by Stats. 2001, Ch. 912, Sec. 2. )

    Verify source ↗

    State offices, agencies, and departments must review fleet vehicles, replace certain nonessential SUVs and four-wheel drive trucks when prudent, and use alternative fuels where practicable. The Director of General Services must collect, publish, and report vehicle-fleet information.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.3. State Vehicle Fleet [25722 - 25724.4] ( Chapter 8.3 added by Stats. 2001, Ch. 912, Sec. 2. ) ## 25722.5. (a) Each state office, agency, and department shall review its vehicle fleet and, upon finding that it is fiscally prudent, cost effective, or otherwise in the public interest to do so, shall dispose of nonessential sport utility vehicles and four-wheel drive trucks in its fleet and replace these vehicles with more fuel-efficient passenger cars and trucks. (b) To the maximum extent practicable, each state office, agency, and department that has bifuel natural gas, bifuel propane, and flex fuel vehicles in its vehicle fleet shall use the respective alternative fuel in those vehicles. (c) The Director of General Services shall compile annually and maintain information on the nature of vehicles that are owned or leased by the state, including, but not limited to, all of the following: (1) The number of passenger-type motor vehicles purchased or leased during the year, and the number owned or leased as of December 31 of each year. (2) The number of sport utility vehicles and four-wheel drive trucks purchased or leased by the state during the year, and the number owned or leased as of December 31 of each year. (3) The number of alternatively fueled vehicles and hybrid vehicles purchased or leased by the state during the year, and the total number owned or leased as of December 31 of each year and their location. (4) The locations of the alternative fuel pumps available for those vehicles. (5) The justification provided for all sport utility vehicles and four-wheel drive trucks purchased or leased by the state and the specific office, department, or agency responsible for the purchase or lease. (6) The number of sport utility vehicles and four-wheel drive trucks purchased or leased by the state during the year, and the number owned or leased as of December 31 of each year that are alternative fuel or hybrid vehicles. (7) The number of light-duty trucks disposed of under subdivision (a). (8) The total dollars spent by the state on passenger-type vehicle purchases and leases, categorized by sport utility vehicle and nonsport utility vehicle, and within each of those categories, by alternative fuel, hybrid, and other. (9) The total annual consumption of gasoline and diesel fuel used by the state fleet. (10) The total annual consumption of alternative fuels. (11) On December 31, 2009, and annually thereafter, the Director of General Services shall also compile the total annual vehicle miles traveled by vehicles in the state fleet. (d) Each state office, agency, and department shall cooperate with the Department of General Services’ data requests in order that the department may compile and maintain the information required in subdivision (c). (e) As soon as practicable, but no later than 12 months after receiving the data, the information compiled and maintained under subdivision (c) and a list of those state offices, agencies, and departments that are not in compliance with subdivision (d) shall be made available to the public on the Department of General Services’ internet website. (f) Beginning July 1, 2009, and every three years thereafter, the Director of General Services shall prepare a report on the information compiled and maintained pursuant to subdivision (c). The Director of General Services shall post that report on its internet website. (g) Pursuant to Article IX of the California Constitution, this section does not apply to the University of California except to the extent that the Regents of the University of California, by appropriate resolution, make this section applicable. (Amended by Stats. 2022, Ch. 152, Sec. 1. (SB 1305) Effective January 1, 2023.)
  123. 25722.6.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.3. State Vehicle Fleet [25722 - 25724.4] ( Chapter 8.3 added by Stats. 2001, Ch. 912, Sec. 2. )

    Verify source ↗

    The Department of General Services must use procurement and fleet procedures that favor alternative fuel vehicles and evaluate vehicle purchases using cost and environmental or energy factors.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.3. State Vehicle Fleet [25722 - 25724.4] ( Chapter 8.3 added by Stats. 2001, Ch. 912, Sec. 2. ) ## 25722.6. (a) (1) On or before January 1, 2023, the Department of General Services shall maximize the purchase and availability of alternative fuel vehicles, such as battery electric vehicles, hydrogen fuel cell vehicles, and plug-in hybrid electric vehicles, in the state fleet by adopting a procurement method to evaluate those vehicles. The procurement method may evaluate those vehicles based only on cost or also on any environmental or energy benefits of those vehicles. (2) For the purchase of passenger vehicles and light-duty trucks powered solely by an internal combustion engine, the Department of General Services shall evaluate the cost and the environmental and energy benefits for potential procurement by state and local governments. The evaluations shall consider both of the following criteria: (A) The reduction in emissions of greenhouse gases, air pollutant emissions, and petroleum use on a full fuel-cycle basis, to the extent possible, based on existing data available to the State Air Resources Board, the commission, or other reliable sources, including the California Strategy to Reduce Petroleum Dependence developed pursuant to subdivision (f) of Section 25720 and the state plan to increase the use of alternative transportation fuels developed pursuant to Section 43866 of the Health and Safety Code. (B) The total costs of ownership of the vehicle and life-cycle impacts. (b) The Department of General Services shall revise its procedures for the procurement of state and local government vehicles based on the necessary performance specifications of the vehicles to perform the required work or tasks of the vehicles in the fleet. The Department of General Services shall establish vehicle “classes” depending on the required work or tasks and the necessary performance specifications. (c) For the purpose of state fleet procurement, both of the following shall apply: (1) Available vehicles powered solely by an internal combustion engine in individual classes shall be evaluated for purchase or lease using the method and criteria developed pursuant to subdivision (a). (2) Vehicles shall be procured for use in the state fleet that meet all requirements established by the federal government, including, but not limited to, the federal Energy Policy Act of 1992, Public Law 102-486, if applicable. (d) The Department of General Services shall evaluate vehicles for potential addition to the state and local fleets, as described in this section, on an annual basis, reflecting annual new vehicle availability. (e) A vehicle capable of using alternative fuels shall be operated on those fuels to the maximum extent practicable unless alternative fuels are not readily available or other factors exist that may prevent the use of those fuels in the area in which the vehicle is used. (f) The Department of General Services shall do both of the following: (1) During the normal course of coordination and contracting with nearby fueling stations, provide information related to the alternative fuel vehicles in the state fleet and request the stations to provide a fuel supply to meet that demand. (2) When replacing, retrofitting, or installing a fueling tank or infrastructure at a facility that fuels state vehicles, the Department of General Services shall consider requesting competitive bids for alternative fuel infrastructure that would meet the needs of vehicles used, or planned to be used, in that facility. (g) Authorized emergency vehicles, as defined in Section 165 of the Vehicle Code, that are equipped with emergency lamps or lights, as described in Section 25252 of the Vehicle Code, are exempt from the requirements of this section. (h) Each state office, agency, or department seeking to purchase or lease a sport utility vehicle or four-wheel drive vehicle shall demonstrate to the satisfaction of the Director of General Services or the entity that purchases or leases vehicles that the vehicle is required to perform an essential function of the office, agency, or department. If it is so demonstrated, priority consideration shall be given to the purchase or lease of an alternative fuel or hybrid sports utility vehicle or four-wheel drive vehicle. (i) Pursuant to Article IX of the California Constitution, this section does not apply to the University of California except to the extent that the Regents of the University of California, by appropriate resolution, make this section applicable. (Amended by Stats. 2022, Ch. 152, Sec. 2. (SB 1305) Effective January 1, 2023.)
  124. 25722.7.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.3. State Vehicle Fleet [25722 - 25724.4] ( Chapter 8.3 added by Stats. 2001, Ch. 912, Sec. 2. )

    Verify source ↗

    The Department of General Services must set a minimum fuel economy standard for certain state fleet vehicle purchases, and covered state entities must meet that standard for new purchases.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.3. State Vehicle Fleet [25722 - 25724.4] ( Chapter 8.3 added by Stats. 2001, Ch. 912, Sec. 2. ) ## 25722.7. (a) In order to further achieve the policy objectives set forth in Sections 25000.5, 25722, and 25722.5, the Department of General Services, in consultation with the commission, shall establish a minimum fuel economy standard that is above the standard, as it existed on January 1, 2007, established pursuant to Section 3620.1 of the State Administrative Manual, for the purchase of passenger vehicles and light duty trucks for the state fleet that are powered solely by internal combustion engines using fossil fuels or that are powered by more than one source, such as nonplug-in hybrid electric vehicles. The minimum fuel economy standard required by this subdivision does not apply to plug-in hybrid electric vehicles or battery electric vehicles. (b) All new state fleet purchases by the Department of General Services and any other state entities of passenger vehicles and light duty trucks that are powered solely by internal combustion engines using fossil fuels, or that are powered by more than one source, such as nonplug-in hybrid electric vehicles, shall meet the fuel economy standard established under subdivision (a). This subdivision does not apply to plug-in hybrid electric vehicles or battery electric vehicles. (c) Authorized emergency vehicles, as defined in Section 165 of the Vehicle Code, and vehicles described in subdivision (h) of Section 25722.6, are exempt from this section. (d) Vehicles that are purchased and modified for the following purposes are exempt from this section: (1) To provide services by a state entity to an individual with a disability or a developmental disability, as defined under the statutes or regulations governing that state entity. (2) As a reasonable accommodation for the known physical or mental disability, as defined in Section 12926 of the Government Code, of an employee. (e) For purposes of this section, “state entities” includes all state departments, boards, commissions, programs, and other organizational units of the executive, legislative, and judicial branches of state government, the California Community Colleges, the California State University, and the University of California. (f) This section shall not apply to the University of California except to the extent that the Regents of the University of California, by appropriate resolution, make that provision applicable. (Amended by Stats. 2022, Ch. 152, Sec. 3. (SB 1305) Effective January 1, 2023.)
  125. 25722.8.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.3. State Vehicle Fleet [25722 - 25724.4] ( Chapter 8.3 added by Stats. 2001, Ch. 912, Sec. 2. )

    Verify source ↗

    State officials must create a fleet improvement plan, report yearly on progress, and encourage more use of alternative-fuel vehicles and related infrastructure.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.3. State Vehicle Fleet [25722 - 25724.4] ( Chapter 8.3 added by Stats. 2001, Ch. 912, Sec. 2. ) ## 25722.8. (a) On or before July 1, 2009, the Secretary of the Government Operations Agency, in consultation with the Department of General Services and other appropriate state agencies that maintain or purchase vehicles for the state fleet, including the campuses of the California State University, shall develop and implement, and submit to the Legislature and the Governor, a plan to improve the overall state fleet’s use of alternative fuels, synthetic lubricants, and fuel-efficient vehicles by reducing or displacing the consumption of petroleum products by the state fleet when compared to the 2003 consumption level based on the following schedule: (1) By January 1, 2012, a 10-percent reduction or displacement. (2) By January 1, 2020, a 20-percent reduction or displacement. (b) Beginning April 1, 2010, and annually thereafter, the Department of General Services shall prepare a progress report on meeting the goals specified in subdivision (a). The Department of General Services shall post the progress report on its Internet Web site. (c) (1) The Department of General Services shall encourage, to the extent feasible, the operation of state alternatively fueled vehicles on the alternative fuel for which the vehicle is designed and the development of commercial infrastructure for alternative fuel pumps and charging stations at or near state vehicle fueling or parking sites. (2) The Department of General Services shall work with other public agencies to incentivize and promote, to the extent feasible, state employee operation of alternatively fueled vehicles through preferential or reduced-cost parking, access to charging, or other means. (3) For purposes of this subdivision, “alternatively fueled vehicles” means light-, medium-, and heavy-duty vehicles that reduce petroleum usage and related emissions by using advanced technologies and fuels, including, but not limited to, hybrid, plug-in hybrid, battery electric, natural gas, or fuel cell vehicles and including those vehicles described in Section 5205.5 of the Vehicle Code. (Amended by Stats. 2014, Ch. 71, Sec. 144. (SB 1304) Effective January 1, 2015.)
  126. 25722.9.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.3. State Vehicle Fleet [25722 - 25724.4] ( Chapter 8.3 added by Stats. 2001, Ch. 912, Sec. 2. )

    Verify source ↗

    The Department of General Services and the Department of Transportation must create and run parking incentive programs for alternatively fueled vehicles, where feasible, in certain public parking facilities and park-and-ride lots.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.3. State Vehicle Fleet [25722 - 25724.4] ( Chapter 8.3 added by Stats. 2001, Ch. 912, Sec. 2. ) ## 25722.9. (a) For purposes of this section, “alternatively fueled vehicles” means light-, medium-, and heavy-duty vehicles that reduce petroleum usage and related emissions by using advanced technologies and fuels, including, but not limited to, hybrid, plug-in hybrid, battery electric, natural gas, or fuel cell vehicles and including those vehicles described in Section 5205.5 of the Vehicle Code. (b) The Department of General Services and the Department of Transportation shall develop and implement advanced technology vehicle parking incentive programs, to the extent feasible, in public parking facilities of 50 spaces or more operated by the Department of General Services and park-and-ride lots owned and operated by the Department of Transportation to incentivize the purchase and use of alternatively fueled vehicles in the state. These programs shall provide meaningful, tangible benefits for drivers of alternatively fueled vehicles. These incentives may include preferential spaces, reduced fees, and fueling infrastructure for alternatively fueled vehicles that use these parking facilities or park-and-ride lots. (Added by Stats. 2012, Ch. 676, Sec. 2. (AB 2583) Effective January 1, 2013.)
  127. 25723.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.3. State Vehicle Fleet [25722 - 25724.4] ( Chapter 8.3 added by Stats. 2001, Ch. 912, Sec. 2. )

    Verify source ↗

    The commission must develop and adopt recommendations for a California State Fuel-Efficient Tire Program by January 31, 2003.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.3. State Vehicle Fleet [25722 - 25724.4] ( Chapter 8.3 added by Stats. 2001, Ch. 912, Sec. 2. ) ## 25723. On or before January 31, 2003, the commission, in consultation with any other state agency that the commission deems necessary, shall develop and adopt recommendations for consideration by the Governor and the Legislature of a California State Fuel-Efficient Tire Program. The commission shall make recommendations on all of the following items: (a) Establishing a test procedure for measuring tire fuel efficiency. (b) Development of a data base of fuel efficiency of existing tires in order to establish an accurate baseline of tire efficiency. (c) A rating system for tires that provides consumers with information on the fuel efficiency of individual tire models. (d) A consumer-friendly system to disseminate tire fuel-efficiency information as broadly as possible. The commission shall consider labeling, Web site listing, printed fuel economy guide booklets, and mandatory requirements for tire retailers to provide fuel-efficiency information. (e) A study to determine the safety implications, if any, of different policies to promote fuel efficient replacement tires in the consumer market. (f) A mandatory fuel-efficiency standard for all after market tires sold in California. (g) Consumer incentive programs that would offer a rebate to purchasers of replacement tires that are more fuel efficient than the average replacement tire. (Added by Stats. 2001, Ch. 912, Sec. 2. Effective January 1, 2002.)
  128. 25724.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.3. State Vehicle Fleet [25722 - 25724.4] ( Chapter 8.3 added by Stats. 2001, Ch. 912, Sec. 2. )

    Verify source ↗

    The Department of General Services must ensure that at least half of light-duty vehicles bought for the state vehicle fleet each year are zero-emission vehicles, starting no later than the 2024–25 fiscal year.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.3. State Vehicle Fleet [25722 - 25724.4] ( Chapter 8.3 added by Stats. 2001, Ch. 912, Sec. 2. ) ## 25724. (a) Beginning no later than the 2024–25 fiscal year, the Department of General Services shall ensure that at least 50 percent of the light-duty vehicles purchased for the state vehicle fleet each fiscal year are zero-emission vehicles. (b) This section shall not apply to vehicles that have special performance requirements necessary for the protection of public safety, as defined by the Department of General Services. (c) (1) If the Department of General Services determines that it cannot meet the needs of the state while fulfilling the requirements of this section, the department shall hold a public hearing to make that finding, notify the Secretary of State of the finding, and cease to implement this section. (2) The Department of General Services may base the finding required pursuant to paragraph (1) on a determination that fulfilling the requirements of this section would result in costs that are not substantially absorbable by the department when purchasing those light-duty vehicles. (Added by Stats. 2017, Ch. 628, Sec. 3. (SB 498) Effective January 1, 2018.)
  129. 25724.4.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.3. State Vehicle Fleet [25722 - 25724.4] ( Chapter 8.3 added by Stats. 2001, Ch. 912, Sec. 2. )

    Verify source ↗

    State entities are protected from having electric vehicle infrastructure installations treated as gifts of public funds, and they do not have to recover EVSE when a state employee separates.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.3. State Vehicle Fleet [25722 - 25724.4] ( Chapter 8.3 added by Stats. 2001, Ch. 912, Sec. 2. ) ## 25724.4. (a) The installation of electric vehicle supply equipment or supporting electrical and hydrogen fueling infrastructure by state entities to support state fleet operations pursuant to subdivision (d) of Section 599.808 of Title 2 of the California Code of Regulations shall not be construed to be gifts of public funds in violation of Section 6 of Article XVI of the California Constitution. (b) State entities shall not be required to recover electric vehicle supply equipment upon the separation of a state employee. (c) For purposes of this section, “electric vehicle supply equipment (EVSE)” means the unit that controls the power supply to one or more vehicles during a charging session. (Added by Stats. 2022, Ch. 360, Sec. 3. (SB 1010) Effective January 1, 2023.)
  130. 25725.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.4. Local Vehicle Fleet [25725 - 25726] ( Chapter 8.4 added by Stats. 2005, Ch. 580, Sec. 2. )

    Verify source ↗

    When awarding a vehicle procurement contract, listed local public entities may evaluate and score fuel economy, along with other life-cycle factors, when choosing passenger cars or light-duty trucks with the lowest life-cycle costs.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.4. Local Vehicle Fleet [25725 - 25726] ( Chapter 8.4 added by Stats. 2005, Ch. 580, Sec. 2. ) ## 25725. When awarding a vehicle procurement contract, every city, county, city and county, and special district, including a school district and a community college district may evaluate and score fuel economy, in addition to other life-cycle factors, in choosing passenger cars or light-duty trucks, or both, with the lowest life-cycle costs. (Amended by Stats. 2007, Ch. 593, Sec. 4. Effective January 1, 2008.)
  131. 25726.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.4. Local Vehicle Fleet [25725 - 25726] ( Chapter 8.4 added by Stats. 2005, Ch. 580, Sec. 2. )

    Verify source ↗

    When awarding a vehicle procurement contract, certain local public entities may require that 75% of passenger cars or light-duty trucks acquired be energy-efficient vehicles.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.4. Local Vehicle Fleet [25725 - 25726] ( Chapter 8.4 added by Stats. 2005, Ch. 580, Sec. 2. ) ## 25726. (a) When awarding a vehicle procurement contract, every city, county, city and county, and special district, including a school district and a community college district may require that 75 percent of the passenger cars or light-duty trucks, or both, to be acquired be energy-efficient vehicles. (b) “Energy-efficient vehicle” means either of the following: (1) A vehicle that meets California’s Super Ultra-Low Emission Vehicle (SULEV) standard for exhaust emissions and the federal inherently low-emission vehicle (ILEV) evaporative emission standard, as defined in Part 88 (commencing with Section 88.101-94) of Title 40 of the Code of Federal Regulations. (2) A hybrid vehicle or an alternative fuel vehicle that meets California’s advanced technology partial zero-emission vehicle (AT PZEV) standard for criteria pollutant emissions. (Amended by Stats. 2007, Ch. 593, Sec. 5. Effective January 1, 2008.)
  132. 25740.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.6. Renewable Energy Resources Program [25740 - 25751] ( Chapter 8.6 added by Stats. 2003, Ch. 666, Sec. 2. )

    Verify source ↗

    The Legislature states its intent to increase electricity generated from eligible renewable energy resources so it reaches at least 33% of California retail electricity sales per year by December 31, 2020.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.6. Renewable Energy Resources Program [25740 - 25751] ( Chapter 8.6 added by Stats. 2003, Ch. 666, Sec. 2. ) ## 25740. It is the intent of the Legislature in establishing this program, to increase the amount of electricity generated from eligible renewable energy resources per year, so that it equals at least 33 percent of total retail sales of electricity in California per year by December 31, 2020. (Amended by Stats. 2011, 1st Ex. Sess., Ch. 1, Sec. 4. (SB 2 1x) Effective December 10, 2011.)
  133. 25740.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.6. Renewable Energy Resources Program [25740 - 25751] ( Chapter 8.6 added by Stats. 2003, Ch. 666, Sec. 2. )

    Verify source ↗

    Renewable-energy moneys must be transferred to the Renewable Resource Trust Fund, and certain moneys collected from January 1, 2007 to January 1, 2012 must be used only for purposes specified in this chapter.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.6. Renewable Energy Resources Program [25740 - 25751] ( Chapter 8.6 added by Stats. 2003, Ch. 666, Sec. 2. ) ## 25740.5. Notwithstanding any other law, moneys collected for renewable energy pursuant to Article 15 (commencing with Section 399) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code shall be transferred to the Renewable Resource Trust Fund. Moneys collected between January 1, 2007, and January 1, 2012, shall be used for the purposes specified in this chapter. (Amended by Stats. 2012, Ch. 39, Sec. 98. (SB 1018) Effective June 27, 2012.)
  134. 25741.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.6. Renewable Energy Resources Program [25740 - 25751] ( Chapter 8.6 added by Stats. 2003, Ch. 666, Sec. 2. )

    Verify source ↗

    This section defines terms used in the chapter, including what counts as a renewable electrical generation facility and municipal solid waste conversion.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.6. Renewable Energy Resources Program [25740 - 25751] ( Chapter 8.6 added by Stats. 2003, Ch. 666, Sec. 2. ) ## 25741. As used in this chapter, all of the following definitions apply: (a) “Renewable electrical generation facility” means a facility that meets all of the following criteria: (1) The facility meets either of the following criteria: (A) The facility uses biomass, solar thermal, photovoltaic, wind, geothermal, fuel cells or linear generators using fuels described in this paragraph that otherwise meet the requirements of this subdivision, small hydroelectric generation of 30 megawatts or less, digester gas, municipal solid waste conversion, landfill gas, ocean wave, ocean thermal, or tidal current, and any additions or enhancements to the facility using that technology. (B) The facility converts hydrogen gas to electricity in a turbine and meets all of the following criteria: (i) The hydrogen used in the turbine is solely derived from an eligible renewable resource described in subparagraph (A) or through the electrolysis of water, and exclusively uses electricity generated from another renewable electrical generation facility. Any fraction of hydrogen produced through the use of nonrenewable fuels or nonrenewable electricity shall not be eligible to satisfy the requirements of this section. (ii) The electricity used to derive the hydrogen is not also counted toward a compliance obligation pursuant to 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) or claimed as renewable generation for any other state program. (iii) The facility provides the commission with confirmation from the air quality management district or air pollution control district that the facility’s turbine has the capacity to use a fuel for which hydrogen comprises a sufficient quantity of the blend by volume, but not below 20 percent by volume, to achieve a measurable reduction in greenhouse gas emissions. (iv) The facility has submitted information on the hydrogen production process, as specified by the commission. For electrolytic production, the operator shall demonstrate, for the production process, hourly matching of hydrogen production with renewable energy generation starting January 1, 2030. (v) The manufacturing of the hydrogen does not result in resource shuffling, as independently determined by the commission based on regional impacts of hydrogen production on zero-carbon generation, local air pollution, and fossil fuel generation. (vi) The manufacturing of the hydrogen does not use unbundled renewable energy credits. (vii) The facility provides the commission with confirmation from the air quality management district or air pollution control district that the combustion of hydrogen will result in a net decrease of air pollutants and of greenhouse gas emissions from the electrical sector and will not increase the oxides of nitrogen emissions rate from the turbine compared to natural gas. (viii) The hydrogen is physically delivered to the turbine. (2) The facility satisfies one of the following requirements: (A) The facility is located in the state or near the border of the state with the first point of connection to the transmission network of a balancing authority area primarily located within the state. For purposes of this subparagraph, “balancing authority area” has the same meaning as defined in Section 399.12 of the Public Utilities Code. (B) The facility has its first point of interconnection to the transmission network outside the state, within the Western Electricity Coordinating Council (WECC) service area, and satisfies all of the following requirements: (i) It commences initial commercial operation after January 1, 2005. (ii) It will not cause or contribute to a violation of a California environmental quality standard or requirement. (iii) It participates in the accounting system to verify compliance with the renewables portfolio standard established by the commission pursuant to subdivision (b) of Section 399.25 of the Public Utilities Code. (C) The facility meets the requirements of clauses (ii) and (iii) of subparagraph (B), but does not meet the requirements of clause (i) of subparagraph (B) because it commenced initial operation before January 1, 2005, if the facility satisfies either of the following requirements: (i) The electricity is from incremental generation resulting from expansion or repowering of the facility. (ii) Electricity generated by the facility was procured by a retail seller or local publicly owned electric utility as of January 1, 2010. (3) If the facility is outside the United States, it is developed and operated in a manner that is as protective of the environment as a similar facility located in the state. (4) If eligibility of the facility is based on the use of landfill gas, digester gas, or another renewable fuel delivered to the facility through a common carrier pipeline, the transaction for the procurement of that fuel, including the source of the fuel and delivery method, satisfies the requirements of Section 399.12.6 of the Public Utilities Code and is verified pursuant to the accounting system established by the commission pursuant to Section 399.25 of the Public Utilities Code, or a comparable system, as determined by the commission. (b) “Municipal solid waste conversion” means a technology that uses a noncombustion thermal process to convert solid waste to a clean-burning fuel for the purpose of generating electricity, and that meets all of the following criteria: (1) The technology does not use air or oxygen in the conversion process, except ambient air to maintain temperature control. (2) The technology produces no discharges of air contaminants or emissions, including greenhouse gases as defined in Section 38505 of the Health and Safety Code. (3) The technology produces no discharges to surface or groundwaters of the state. (4) The technology produces no hazardous wastes. (5) To the maximum extent feasible, the technology removes all recyclable materials and marketable green waste compostable materials from the solid waste stream before the conversion process and the owner or operator of the facility certifies that those materials will be recycled or composted. (6) The facility at which the technology is used is in compliance with all applicable laws, regulations, and ordinances. (7) The technology meets any other conditions established by the commission. (8) The facility certifies that any local agency sending solid waste to the facility diverted at least 30 percent of all solid waste it collects through solid waste reduction, recycling, and composting. For purposes of this paragraph, “local agency” means any city, county, or special district, or subdivision thereof, that is authorized to provide solid waste handling services. (c) “Renewable energy public goods charge” means that portion of the nonbypassable system benefits charge required to be collected to fund renewable energy pursuant to the Reliable Electric Service Investments Act (Article 15 (commencing with Section 399) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code). (d) “Report” means the report entitled “Investing in Renewable Electricity Generation in California” (June 2001, Publication Number P500-00-022) submitted to the Governor and the Legislature by the commission. (e) “Retail seller” has the same meaning as defined in Section 399.12 of the Public Utilities Code. (Amended by Stats. 2026, Ch. 35, Sec. 1. (SB 1350) Effective June 29, 2026.)
  135. 25744.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.6. Renewable Energy Resources Program [25740 - 25751] ( Chapter 8.6 added by Stats. 2003, Ch. 666, Sec. 2. )

    Verify source ↗

    The commission must allocate and use available funding for emerging renewable technologies to fund photovoltaic and solar thermal electric technologies.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.6. Renewable Energy Resources Program [25740 - 25751] ( Chapter 8.6 added by Stats. 2003, Ch. 666, Sec. 2. ) ## 25744.5. The commission shall allocate and use funding available for emerging renewable technologies pursuant to Section 25751 to fund photovoltaic and solar thermal electric technologies in accordance with eligibility criteria and conditions established pursuant to Chapter 8.8 (commencing with Section 25780). (Amended by Stats. 2012, Ch. 39, Sec. 102. (SB 1018) Effective June 27, 2012.)
  136. 25746.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.6. Renewable Energy Resources Program [25740 - 25751] ( Chapter 8.6 added by Stats. 2003, Ch. 666, Sec. 2. )

    Verify source ↗

    If the commission funds a regional accounting system for renewables portfolio standard compliance, it must recover all costs from user fees.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.6. Renewable Energy Resources Program [25740 - 25751] ( Chapter 8.6 added by Stats. 2003, Ch. 666, Sec. 2. ) ## 25746. If the commission provides funding for a regional accounting system to verify compliance with the renewables portfolio standard by retail sellers, pursuant to subdivision (b) of Section 399.25 of the Public Utilities Code, the commission shall recover all costs from user fees. (Amended by Stats. 2012, Ch. 39, Sec. 103. (SB 1018) Effective June 27, 2012.)
  137. 25747.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.6. Renewable Energy Resources Program [25740 - 25751] ( Chapter 8.6 added by Stats. 2003, Ch. 666, Sec. 2. )

    Verify source ↗

    The commission must adopt funding guidelines in a publicly noticed meeting, give at least 10 days’ written notice before substantive changes, and use at least 30 days’ public notice for required meetings. The chapter also allows multi-year funding commitments and treats awards as grants.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.6. Renewable Energy Resources Program [25740 - 25751] ( Chapter 8.6 added by Stats. 2003, Ch. 666, Sec. 2. ) ## 25747. (a) The commission shall adopt guidelines governing the funding programs authorized under this chapter, at a publicly noticed meeting offering all interested parties an opportunity to comment. Substantive changes to the guidelines shall not be adopted without at least 10 days’ written notice to the public. The public notice of meetings required by this subdivision shall not be less than 30 days. Notwithstanding any other law, any guidelines adopted pursuant to this chapter or Section 399.25 of the Public Utilities Code, shall be exempt from the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The Legislature declares that the changes made to this subdivision by the act amending this section during the 2002 portion of the 2001–02 Regular Session are declaratory of, and not a change in, existing law. (b) Funds to further the purposes of this chapter may be committed for multiple years. (c) Awards made pursuant to this chapter are grants, subject to appeal to the commission upon a showing that factors other than those described in the guidelines adopted by the commission were applied in making the awards and payments. Any actions taken by an applicant to apply for, or become or remain eligible and registered to receive, payments or awards, including satisfying conditions specified by the commission, shall not constitute the rendering of goods, services, or a direct benefit to the commission. (d) An award made pursuant to this chapter, the amount of the award, and the terms and conditions of the grant are public information. (Amended by Stats. 2012, Ch. 162, Sec. 152. (SB 1171) Effective January 1, 2013.)
  138. 25751.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.6. Renewable Energy Resources Program [25740 - 25751] ( Chapter 8.6 added by Stats. 2003, Ch. 666, Sec. 2. )

    Verify source ↗

    This section creates the Renewable Resource Trust Fund and a related account, and continuously appropriates the account money to the commission for specified funding purposes.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.6. Renewable Energy Resources Program [25740 - 25751] ( Chapter 8.6 added by Stats. 2003, Ch. 666, Sec. 2. ) ## 25751. (a) The Renewable Resource Trust Fund is hereby created in the State Treasury. (b) The Emerging Renewable Resources Account is hereby established within the Renewable Resources Trust Fund. Notwithstanding Section 13340 of the Government Code, the moneys in the account are hereby continuously appropriated to the commission without regard to fiscal years for the following purposes: (1) To close out the award of incentives for emerging technologies in accordance with former Section 25744, as this law existed prior to the enactment of the Budget Act of 2012, for which applications had been approved before the enactment of the Budget Act of 2012. (2) To close out consumer education activities in accordance with former Section 25746, as this law existed prior to the enactment of the Budget Act of 2012. (3) To provide funding for the New Solar Homes Partnership pursuant to paragraph (3) of subdivision (e) of Section 2851 of the Public Utilities Code. (c) The Controller shall provide to the commission funds pursuant to the continuous appropriation in, and for purposes specified in, subdivision (b). (d) The Controller shall provide to the commission moneys from the fund sufficient to satisfy all contract and grant awards that were made by the commission pursuant to former Sections 25744 and 25746, and Chapter 8.8 (commencing with Section 25780), as these laws existed prior to the enactment of the Budget Act of 2012. (e) If the Public Utilities Commission determines that the commission should be the third-party administrator for the New Solar Homes Partnership Program pursuant to subparagraph (A) of paragraph (3) of subdivision (e) of Section 2851 of the Public Utilities Code, any moneys made available to fund the New Solar Homes Partnership Program shall be deposited into the Emerging Renewable Resources Account of the Renewable Resource Trust Fund and used for this purpose. (Amended by Stats. 2016, Ch. 341, Sec. 6. (SB 840) Effective September 13, 2016.)
  139. 25770.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.7. Replacement Tire Efficiency Program [25770 - 25773] ( Chapter 8.7 added by Stats. 2003, Ch. 645, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the chapter, including “Board,” “consumer information requirement,” “cost effective,” and “replacement tire.”

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.7. Replacement Tire Efficiency Program [25770 - 25773] ( Chapter 8.7 added by Stats. 2003, Ch. 645, Sec. 2. ) ## 25770. For the purposes of this chapter, the following terms have the following meanings: (a) “Board” means the California Integrated Waste Management Board established pursuant to Division 30 (commencing with Section 40000). (b) “Consumer information requirement” means point-of-sale information or signs that are conspicuously displayed, readily accessible, and written in a manner that can be easily understood by the consumer. “Consumer information requirement” does not include mandatory labeling, imprinting, or other marking, on an individual tire by the tire manufacturer or the tire retailer. (c) “Cost effective” means the cost savings to the consumer resulting from a replacement tire subject to an energy efficiency standard that equals or exceeds the additional cost to the consumer resulting from the standard, taking into account the expected fuel cost savings over the expected life of the replacement tire. (d) “Replacement tire” means a tire sold in the state that is designed to replace a tire sold with a new passenger car or light-duty truck. “Replacement tire” does not include any of the following tires: (1) A tire or group of tires with the same SKU, plant, and year, for which the volume of tires produced or imported is less than 15,000 annually. (2) A deep tread, winter-type snow tire, a space-saver tire, or a temporary use spare tire. (3) A tire with a nominal rim diameter of 12 inches or less. (4) A motorcycle tire. (5) A tire manufactured specifically for use in an off-road motorized recreational vehicle. (Added by Stats. 2003, Ch. 645, Sec. 2. Effective January 1, 2004.)
  140. 25771.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.7. Replacement Tire Efficiency Program [25770 - 25773] ( Chapter 8.7 added by Stats. 2003, Ch. 645, Sec. 2. )

    Verify source ↗

    The commission must create a tire energy-efficiency database, set up a rating system, and establish reporting requirements for tire manufacturers.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.7. Replacement Tire Efficiency Program [25770 - 25773] ( Chapter 8.7 added by Stats. 2003, Ch. 645, Sec. 2. ) ## 25771. On or before July 1, 2006, the commission shall develop and adopt all of the following: (a) A database of the energy efficiency of a representative sample of replacement tires sold in the state, based on test procedures adopted by the commission. (b) Based on the data collected pursuant to subdivision (a), a rating system for the energy efficiency of replacement tires sold in the state, that will enable consumers to make more informed decisions when purchasing tires for their vehicles. (c) Based on the test procedures adopted pursuant to subdivision (a) and the rating system established pursuant to subdivision (b), requirements for tire manufacturers to report to the commission the energy efficiency of replacement tires sold in the state. (Added by Stats. 2003, Ch. 645, Sec. 2. Effective January 1, 2004.)
  141. 25772.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.7. Replacement Tire Efficiency Program [25770 - 25773] ( Chapter 8.7 added by Stats. 2003, Ch. 645, Sec. 2. )

    Verify source ↗

    The commission must adopt and then implement a statewide tire energy efficiency program for replacement tires.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.7. Replacement Tire Efficiency Program [25770 - 25773] ( Chapter 8.7 added by Stats. 2003, Ch. 645, Sec. 2. ) ## 25772. On or before July 1, 2007, the commission, in consultation with the board, shall, after appropriate notice and workshops, adopt and, on or before July 1, 2008, implement, a tire energy efficiency program of statewide applicability for replacement tires, designed to ensure that replacement tires sold in the state are at least as energy efficient, on average, as tires sold in the state as original equipment on new passenger cars and light-duty trucks. (Added by Stats. 2003, Ch. 645, Sec. 2. Effective January 1, 2004.)
  142. 25773.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.7. Replacement Tire Efficiency Program [25770 - 25773] ( Chapter 8.7 added by Stats. 2003, Ch. 645, Sec. 2. )

    Verify source ↗

    The commission must include tire energy-efficiency standards and consumer information requirements in the replacement tire program, review it at least every three years, and not revise it to reduce average tire efficiency.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.7. Replacement Tire Efficiency Program [25770 - 25773] ( Chapter 8.7 added by Stats. 2003, Ch. 645, Sec. 2. ) ## 25773. (a) The program described in Section 25772 shall include all of the following: (1) The development and adoption of minimum energy efficiency standards for replacement tires, except to the extent that the commission determines that it is unable to do so in a manner that complies with subparagraphs (A) to (E), inclusive. Energy efficiency standards adopted pursuant to this paragraph shall meet all of the following conditions: (A) Be technically feasible and cost effective. (B) Not adversely affect tire safety. (C) Not adversely affect the average tire life of replacement tires. (D) Not adversely affect state efforts to manage scrap tires pursuant to Chapter 17 (commencing with Section 42860) of Part 3 of Division 30. (2) The development and adoption of consumer information requirements for replacement tires for which standards have been adopted pursuant to paragraph (1). (b) The energy efficiency standards established pursuant to paragraph (1) of subdivision (a) shall be based on the results of laboratory testing and, to the extent it is available and deemed appropriate by the commission, an onroad fleet testing program developed by tire manufacturers in consultation with the commission and the board, conducted by tire manufacturers, and submitted to the commission on or before January 1, 2006. (c) If the commission finds that tires used to equip an authorized emergency vehicle, as defined in Section 165 of the Vehicle Code, are unable to meet the standards established pursuant to paragraph (1) of subdivision (a), the commission shall authorize an operator of an authorized emergency vehicle fleet to purchase for those vehicles tires that do not meet those standards. (d) The commission, in consultation with the board, shall review and revise the program, including any standards adopted pursuant to the program, as necessary, but not less than once every three years. The commission may not revise the program or standards in a way that reduces the average efficiency of replacement tires. (Added by Stats. 2003, Ch. 645, Sec. 2. Effective January 1, 2004.)
  143. 25780.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.8. California Solar Initiative [25780 - 25784] ( Chapter 8.8 added by Stats. 2006, Ch. 132, Sec. 4. )

    Verify source ↗

    The Legislature states California’s solar initiative goals, including installing 3,000 megawatts of solar capacity and expanding solar use in homes and businesses.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.8. California Solar Initiative [25780 - 25784] ( Chapter 8.8 added by Stats. 2006, Ch. 132, Sec. 4. ) ## 25780. The Legislature finds and declares both of the following: (a) It is the goal of the state to install solar energy systems with a generation capacity equivalent of 3,000 megawatts, to establish a self-sufficient solar industry in which solar energy systems are a viable mainstream option for both homes and businesses in 10 years, and to place solar energy systems on 50 percent of new homes in 13 years. (b) A solar initiative should be a cost-effective investment by ratepayers in peak electricity generation capacity where ratepayers recoup the cost of their investment through lower rates as a result of avoiding purchases of electricity at peak rates, with additional system reliability and pollution reduction benefits. (Added by Stats. 2006, Ch. 132, Sec. 4. Effective January 1, 2007.)
  144. 25781.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.8. California Solar Initiative [25780 - 25784] ( Chapter 8.8 added by Stats. 2006, Ch. 132, Sec. 4. )

    Verify source ↗

    This section defines terms used in the California Solar Initiative chapter, including the program name, electrical units, and what counts as a solar energy system.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.8. California Solar Initiative [25780 - 25784] ( Chapter 8.8 added by Stats. 2006, Ch. 132, Sec. 4. ) ## 25781. As used in this chapter, the following terms have the following meanings: (a) “California Solar Initiative” means the program providing ratepayer funded incentives for eligible solar energy systems adopted by the Public Utilities Commission in Decision 06-01-024. (b) “kW” means kilowatts or 1,000 watts, as measured from the alternating current side of the solar energy system inverter consistent with Section 223 of Title 15 of the United States Code. (c) “kWh” means kilowatthours, as measured by the number of kilowatts generated in an hour. (d) “MW” means megawatts or 1,000,000 watts. (e) “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 MW, alternating current rated peak electricity, and that meets or exceeds the eligibility criteria established pursuant to Section 25782. (Added by Stats. 2006, Ch. 132, Sec. 4. Effective January 1, 2007.)
  145. 25782.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.8. California Solar Initiative [25780 - 25784] ( Chapter 8.8 added by Stats. 2006, Ch. 132, Sec. 4. )

    Verify source ↗

    The commission must set eligibility criteria, conditions, and rating standards for solar energy systems that receive ratepayer-funded incentives.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.8. California Solar Initiative [25780 - 25784] ( Chapter 8.8 added by Stats. 2006, Ch. 132, Sec. 4. ) ## 25782. (a) The commission shall, by January 1, 2008, in consultation with the Public Utilities Commission, local publicly owned electric utilities, and interested members of the public, establish eligibility criteria for solar energy systems receiving ratepayer funded incentives that include all of the following: (1) Design, installation, and electrical output standards or incentives. (2) The solar energy system is intended primarily to offset part or all of the consumer’s own electricity demand. (3) All components in the solar energy system are new and unused, and have not previously been placed in service in any other location or for any other application. (4) The solar energy system has a warranty of not less than 10 years to protect against defects and undue degradation of electrical generation output. (5) The solar energy system is located on the same premises of the end-use consumer where the consumer’s own electricity demand is located. (6) The solar energy system is connected to the electrical corporation’s electrical distribution system within the state. (7) The solar energy system has meters or other devices in place to monitor and measure the system’s performance and the quantity of electricity generated by the system. (8) The solar energy system is installed in conformance with the manufacturer’s specifications and in compliance with all applicable electrical and building code standards. (b) The commission shall establish conditions on ratepayer funded incentives that require all of the following: (1) Appropriate siting and high quality installation of the solar energy system by developing installation guidelines that maximize the performance of the system and prevent qualified systems from being inefficiently or inappropriately installed. The conditions established by the commission shall not impact housing designs or densities presently authorized by a city, county, or city and county. The goal of this paragraph is to achieve efficient installation of solar energy systems to promote the greatest energy production per ratepayer dollar. (2) Optimal solar energy system performance during periods of peak electricity demand. (3) Appropriate energy efficiency improvements in the new or existing home or commercial structure where the solar energy system is installed. (c) The commission shall set rating standards for equipment, components, and systems to assure reasonable performance and shall develop standards that provide for compliance with the minimum ratings. (d) Upon establishment of eligibility criteria pursuant to subdivision (a), no ratepayer funded incentives shall be made for a solar energy system that does not meet the eligibility criteria. (Added by Stats. 2006, Ch. 132, Sec. 4. Effective January 1, 2007.)
  146. 25783.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.8. California Solar Initiative [25780 - 25784] ( Chapter 8.8 added by Stats. 2006, Ch. 132, Sec. 4. )

    Verify source ↗

    The commission must publish solar education materials, publish annual generation-and-savings estimates, assist builders and contractors, and conduct annual random audits of solar energy systems.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.8. California Solar Initiative [25780 - 25784] ( Chapter 8.8 added by Stats. 2006, Ch. 132, Sec. 4. ) ## 25783. The commission shall do all the following: (a) Publish educational materials designed to demonstrate how builders may incorporate solar energy systems during construction as well as energy efficiency measures that best complement solar energy systems. (b) Develop and publish the estimated annual electrical generation and savings for solar energy systems. The estimates shall vary by climate zone, type of system, size, life cycle costs, electricity prices, and other factors the commission determines to be relevant to a consumer when making a purchasing decision. (c) Provide assistance to builders and contractors. The assistance may include technical workshops, training, educational materials, and related research. (d) The commission shall annually conduct random audits of solar energy systems to evaluate their operational performance. (Amended by Stats. 2008, Ch. 627, Sec. 1. Effective January 1, 2009.)
  147. 25784.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.8. California Solar Initiative [25780 - 25784] ( Chapter 8.8 added by Stats. 2006, Ch. 132, Sec. 4. )

    Verify source ↗

    The commission must adopt solar incentive guidelines at a publicly noticed meeting, with public comment opportunity, and give advance notice before adoption or substantive changes.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.8. California Solar Initiative [25780 - 25784] ( Chapter 8.8 added by Stats. 2006, Ch. 132, Sec. 4. ) ## 25784. The commission shall adopt guidelines for solar energy systems receiving ratepayer funded incentives at a publicly noticed meeting offering all interested parties an opportunity to comment. Not less than 30 days’ public notice shall be given of the meeting required by this section, before the commission initially adopts guidelines. Substantive changes to the guidelines shall not be adopted without at least 10 days’ 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. (Added by Stats. 2006, Ch. 132, Sec. 4. Effective January 1, 2007.)
  148. 25790.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.9. Strategic Reliability Reserve [25790 - 25795.5] ( Chapter 8.9 added by Stats. 2022, Ch. 61, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [25790 - 25790.5] ( Article 1 added by Stats. 2022, Ch. 61, Sec. 6. )

    Verify source ↗

    The Legislature states that California must maintain electricity reliability during a period of increased climate-related risk.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.9. Strategic Reliability Reserve [25790 - 25795.5] ( Chapter 8.9 added by Stats. 2022, Ch. 61, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [25790 - 25790.5] ( Article 1 added by Stats. 2022, Ch. 61, Sec. 6. ) ## 25790. The Legislature finds and declares all of the following: (a) California is a leader in driving the affordable and equitable transition to a clean reliable energy system and economy. However, the impacts of climate change are occurring sooner and with more intensity and frequency than previously anticipated. (b) Extreme events from climate change, including heat waves, wildfires, and drought, combined with other factors, such as supply chain disruptions, are jeopardizing California’s ability to build out the electrical infrastructure needed to maintain affordability and reliability. (c) As California transitions to a clean energy future and contends with climate impacts and other challenges, sufficient capacity of new and existing generation assets will be required to maintain reliability during extreme events. (d) California must ensure electricity reliability during this period of heightened risk, which includes extraordinary near-term measures and substantive changes to mid-term energy policy, while also ensuring the multifaceted California electrical grid is best positioned to sustainably and equitably achieve California’s clean energy future, climate targets, and air quality requirements. (Added by Stats. 2022, Ch. 61, Sec. 6. (AB 205) Effective June 30, 2022.)
  149. 25790.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.9. Strategic Reliability Reserve [25790 - 25795.5] ( Chapter 8.9 added by Stats. 2022, Ch. 61, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [25790 - 25790.5] ( Article 1 added by Stats. 2022, Ch. 61, Sec. 6. )

    Verify source ↗

    This section defines several 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 8.9. Strategic Reliability Reserve [25790 - 25795.5] ( Chapter 8.9 added by Stats. 2022, Ch. 61, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [25790 - 25790.5] ( Article 1 added by Stats. 2022, Ch. 61, Sec. 6. ) ## 25790.5. For purposes of this chapter, the following definitions apply: (a) “California balancing authority” has the same meaning set forth in Section 399.12 of the Public Utilities Code. (b) “Extreme event” means either of the following: (1) An event occurring at a time and place in which weather, climate, or environmental conditions, including temperature, precipitation, drought, fire, or flooding, present a level of risk that would constitute or exceed a one-in-ten event, as referred to by the North American Electric Reliability Corporation, including when forecast in advance by a load-serving entity or local publicly owned electric utility. (2) An event where emergency measures are taken by a California balancing authority, including when forecast in advance by the California balancing authority. (c) “Fund” means the Strategic Reliability Reserve Fund established pursuant to Section 25793. (d) “Load-serving entity” has the same meaning as defined in Section 380 of the Public Utilities Code. (e) “Local publicly owned electric utility” has the same meaning as defined in Section 224.3 of the Public Utilities Code. (f) “State board” means the State Air Resources Board. (Added by Stats. 2022, Ch. 61, Sec. 6. (AB 205) Effective June 30, 2022.)
  150. 25792.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.9. Strategic Reliability Reserve [25790 - 25795.5] ( Chapter 8.9 added by Stats. 2022, Ch. 61, Sec. 6. ) ## ARTICLE 3. Demand Side Grid Support Program [25792- 25792.] ( Article 3 added by Stats. 2022, Ch. 61, Sec. 6. )

    Verify source ↗

    This section creates the Demand Side Grid Support Program and assigns the commission and state board duties to run it.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.9. Strategic Reliability Reserve [25790 - 25795.5] ( Chapter 8.9 added by Stats. 2022, Ch. 61, Sec. 6. ) ## ARTICLE 3. Demand Side Grid Support Program [25792- 25792.] ( Article 3 added by Stats. 2022, Ch. 61, Sec. 6. ) ## 25792. (a) The Demand Side Grid Support Program is hereby created. The commission shall implement and administer the program to incentivize dispatchable customer load reduction and backup generation operation as on-call emergency supply and load reduction for the state’s electrical grid during extreme events. (b) The commission shall allocate moneys to develop a new statewide program that provides incentives to reduce customer net load during extreme events with upfront capacity commitments and for per-unit reductions in net load. Eligible recipients may include all energy customers in the state, except those enrolled in demand response or emergency load reduction programs offered by entities under the jurisdiction of the Public Utilities Commission. The commission, in consultation with the Public Utilities Commission, may adopt additional participation requirements or limitations. Payments shall be made to any of the following: (1) Participating individual entities. (2) Participating aggregators of multiple energy customers. (3) Participating local publicly owned electric utilities and load-serving entities. (c) Participants shall provide load reduction or backup generation service, or both, in response to a dispatch by an applicable California balancing authority of a California balancing authority area in which participants are located during extreme events. (d) The commission, in consultation with California balancing authorities and the state board, shall adopt guidelines to determine when to implement the program, including which resources are dispatched first to minimize local pollution and emissions of greenhouse gases. The dispatch order of resources in the program shall follow a loading order that prioritizes, to the maximum extent feasible to ensure electricity reliability, cost-effective demand response and efficiency resources, then feasible, cost-effective renewable and zero-emission resources, and then feasible, cost-effective conventional resources. The guidelines shall also consider the anticipated useful life of the resources in relation to the state’s climate and air quality requirements. (e) The state board, in consultation with the commission, shall develop a plan, including determining the funding amounts allocated after the dispatch of resources participating in the program, to mitigate impacts from these resources. (Amended by Stats. 2023, Ch. 53, Sec. 6. (SB 124) Effective July 10, 2023.)
  151. 25793.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.9. Strategic Reliability Reserve [25790 - 25795.5] ( Chapter 8.9 added by Stats. 2022, Ch. 61, Sec. 6. ) ## ARTICLE 4. Strategic Reliability Reserve Fund [25793- 25793.] ( Article 4 added by Stats. 2022, Ch. 61, Sec. 6. )

    Verify source ↗

    This section creates the Strategic Reliability Reserve Fund and lets the commission run related accounts, accept nonstate money, adopt emergency regulations, and approve and pay for chapter-related contracts, grants, loans, and incentives subject to listed timing and notice rules.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.9. Strategic Reliability Reserve [25790 - 25795.5] ( Chapter 8.9 added by Stats. 2022, Ch. 61, Sec. 6. ) ## ARTICLE 4. Strategic Reliability Reserve Fund [25793- 25793.] ( Article 4 added by Stats. 2022, Ch. 61, Sec. 6. ) ## 25793. (a) The Strategic Reliability Reserve Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, the moneys in the fund and the accounts contained in the fund are hereby continuously appropriated without regard to fiscal year to be expended by the commission for purposes of adding resources to the electrical grid to ensure electrical grid reliability and support the clean energy transition. (b) The Distributed Electricity Backup Assets Account is hereby created in the fund, to be administered by the commission to implement the Distributed Electricity Backup Assets Program in accordance with Article 2 (commencing with Section 25791). (c) The Demand Side Grid Support Account is hereby created in the fund, to be administered by the commission to implement the Demand Side Grid Support Program in accordance with Article 3 (commencing with Section 25792). Revenue generated by the sale of energy services within the Demand Side Grid Support Program shall be deposited into the Demand Side Grid Support Account. (d) The commission may accept nonstate moneys, including, but not limited to, federal moneys, for purposes of this chapter. (e) The commission shall adopt emergency regulations to implement this chapter at a commission business meeting. Notwithstanding Sections 11346.1 and 11349.6 of the Government Code, a finding of emergency or necessity to address an emergency shall not be required. Notwithstanding any other law, these emergency regulations shall be valid for three years, or until replaced by nonemergency regulations, whichever is sooner. (f) The executive director, or a designee, of the commission may approve any contract, grant, or loan entered into for purposes of this chapter until October 31, 2023. After October 31, 2023, any contract, grant, or loan entered into for purposes of this chapter shall be approved in a commission meeting held consistent with Chapter 3 (commencing with Section 25200). For any contract, grant, or loan entered into for purposes of this chapter, no later than 10 days after the commission, executive director, or their designee, approves the contract, grant, or loan, the executive director of the commission shall give written notice to the Joint Legislative Budget Committee of the action. (g) (1) Notwithstanding any other law, a contract, grant, or loan entered into for purposes of this chapter for an activity that is needed for ensuring electrical grid reliability by October 31, 2023, shall not require competitive bidding, or the review, consent, or approval of the Department of General Services or any other state department or agency and is not required to comply with the requirements of the State Contracting Manual, the Public Contract Code, or the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code. (2) This subdivision does not apply to any contract, grant, or loan entered into for purposes of this chapter that is not needed for ensuring electrical grid reliability by October 31, 2023. (3) This subdivision is inoperative on November 1, 2023. (h) Notwithstanding any other law, the commission may pay an incentive up front if not doing so would inhibit participation in the programs established pursuant to this chapter. (Amended by Stats. 2023, Ch. 131, Sec. 179. (AB 1754) Effective January 1, 2024.)
  152. 25794.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.9. Strategic Reliability Reserve [25790 - 25795.5] ( Chapter 8.9 added by Stats. 2022, Ch. 61, Sec. 6. ) ## ARTICLE 5. Certification of Facilities [25794 - 25794.10] ( Article 5 added by Stats. 2022, Ch. 61, Sec. 6. )

    Verify source ↗

    This section defines “Department,” “Facility,” and “Site” for this article.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.9. Strategic Reliability Reserve [25790 - 25795.5] ( Chapter 8.9 added by Stats. 2022, Ch. 61, Sec. 6. ) ## ARTICLE 5. Certification of Facilities [25794 - 25794.10] ( Article 5 added by Stats. 2022, Ch. 61, Sec. 6. ) ## 25794. For purposes of this article, the following definitions apply: (a) “Department” means the Department of Water Resources or a person designated by the Department of Water Resources for purposes of this article. (b) “Facility” means a facility described in Section 80710 of the Water Code. (c) “Site” means a location on which a facility is constructed or is proposed to be constructed. (Added by Stats. 2022, Ch. 61, Sec. 6. (AB 205) Effective June 30, 2022.)
  153. 25794.1.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.9. Strategic Reliability Reserve [25790 - 25795.5] ( Chapter 8.9 added by Stats. 2022, Ch. 61, Sec. 6. ) ## ARTICLE 5. Certification of Facilities [25794 - 25794.10] ( Article 5 added by Stats. 2022, Ch. 61, Sec. 6. )

    Verify source ↗

    The department must submit a certification application to the commission for a site with a facility during the stated period.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.9. Strategic Reliability Reserve [25790 - 25795.5] ( Chapter 8.9 added by Stats. 2022, Ch. 61, Sec. 6. ) ## ARTICLE 5. Certification of Facilities [25794 - 25794.10] ( Article 5 added by Stats. 2022, Ch. 61, Sec. 6. ) ## 25794.1. (a) Notwithstanding any other law, from October 31, 2022, to October 31, 2026, inclusive, the department shall submit an application for certification to the commission in accordance with this article for a site on which a facility is located. (b) The issuance of a certificate by the commission for a site and related facility pursuant to this article 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 the use of the site and related facility, and shall supersede any applicable statutes, including the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of this code) and Title 7.2 (commencing with Section 66600) of the Government Code, ordinances, regulations, or standards of a state, local, or regional agency, or a federal agency, to the extent permitted by federal law, and shall not be subject to the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000)) and regulations adopted pursuant to that division. (c) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities. (Amended by Stats. 2023, Ch. 131, Sec. 180. (AB 1754) Effective January 1, 2024.)
  154. 25794.10.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.9. Strategic Reliability Reserve [25790 - 25795.5] ( Chapter 8.9 added by Stats. 2022, Ch. 61, Sec. 6. ) ## ARTICLE 5. Certification of Facilities [25794 - 25794.10] ( Article 5 added by Stats. 2022, Ch. 61, Sec. 6. )

    Verify source ↗

    The executive director must charge a reasonable review fee, and the department must submit a deposit with the application, capped at 3% of estimated capital cost.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.9. Strategic Reliability Reserve [25790 - 25795.5] ( Chapter 8.9 added by Stats. 2022, Ch. 61, Sec. 6. ) ## ARTICLE 5. Certification of Facilities [25794 - 25794.10] ( Article 5 added by Stats. 2022, Ch. 61, Sec. 6. ) ## 25794.10. (a) The executive director shall charge and collect a reasonable fee from the department upon the submittal of an application pursuant to this article to cover the estimated actual cost of reviewing an application. The department shall submit a deposit along with the application that does not exceed 3 percent of the estimated capital cost of the proposed facility. (b) The commission staff shall separately account for the deposit collected and the charges incurred in the review of the application. The status of the account shall be provided to the department at regular intervals established by mutual agreement. The executive director shall request additional deposits if the initial deposit has been exhausted. (c) A final accounting shall be rendered by the commission staff after the commission has reached a final decision on the application. If, in the final accounting, the deposits exceed the actual costs incurred by the commission, the excess shall be refunded. If the actual costs exceed the amount of the deposits, the department shall be billed for the difference. (d) The executive director may adjust or waive deposits for minor projects. For facilities with an estimated capital cost that exceeds one million dollars ($1,000,000), the executive director shall permit payment of the deposit in increments, as determined by the executive director. (Added by Stats. 2022, Ch. 61, Sec. 6. (AB 205) Effective June 30, 2022.)
  155. 25794.2.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.9. Strategic Reliability Reserve [25790 - 25795.5] ( Chapter 8.9 added by Stats. 2022, Ch. 61, Sec. 6. ) ## ARTICLE 5. Certification of Facilities [25794 - 25794.10] ( Article 5 added by Stats. 2022, Ch. 61, Sec. 6. )

    Verify source ↗

    The commission must set up an expedited review process for applications under this article.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.9. Strategic Reliability Reserve [25790 - 25795.5] ( Chapter 8.9 added by Stats. 2022, Ch. 61, Sec. 6. ) ## ARTICLE 5. Certification of Facilities [25794 - 25794.10] ( Article 5 added by Stats. 2022, Ch. 61, Sec. 6. ) ## 25794.2. (a) The commission shall establish a process to expedite review of an application submitted pursuant to this article. The process shall include guidance to the department on determining optimal locations for facilities based on the potential to improve reliability, reduce the occurrence of public safety power shutoffs, decrease the use of high-emission backup power, minimize air pollution, and avoid impacts on disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code. (b) An application submitted pursuant to this article shall be in the form prescribed by the commission and shall contain all of the information required by Section 25520 and be further supported by other information as the commission may require to enable review of the site and related facilities, and issuance of a certification, including, at a minimum, all of the following: (1) A description of the facility, including a showing that it is capable of delivering energy during net peak hours in response to a dispatch by the Independent System Operator during extreme events, and has access to the infrastructure and resources needed to operate. (2) A description of the site, including surveys to demonstrate the baseline conditions of the site and the site’s zoning designation and the allowable uses within the zoning designation. (3) A list of all properties and property owners within 1,000 feet of the site. (4) A description of the potential impacts of the project on the environment and on public health and safety, including on the surrounding community, and project design measures proposed to mitigate those potential impacts. The description shall include the applicable local air district’s attainment status under the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.). (5) A description of all local, state, regional, and federal laws, ordinances, regulations, and standards that would otherwise apply to the facility in the absence of the commission’s exclusive jurisdiction pursuant to subdivision (b) of Section 25794.1, and an analysis of the project’s compliance with those local, state, regional, and federal laws, ordinances, regulations, and standards. (c) An application submitted pursuant to this section shall be reviewed by commission staff. The executive director shall prepare a recommendation for the commission’s consideration on whether to issue a certificate for a site and facility pursuant to this article. (Amended by Stats. 2022, Ch. 251, Sec. 16. (AB 209) Effective September 6, 2022.)
  156. 25794.3.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.9. Strategic Reliability Reserve [25790 - 25795.5] ( Chapter 8.9 added by Stats. 2022, Ch. 61, Sec. 6. ) ## ARTICLE 5. Certification of Facilities [25794 - 25794.10] ( Article 5 added by Stats. 2022, Ch. 61, Sec. 6. )

    Verify source ↗

    When an application is received under this article, commission staff must open a docket, publish a receipt notice, and mail that notice to nearby property owners. The commission must also set up a notification system and send the notice to listed agencies and affiliated California Native American tribes.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.9. Strategic Reliability Reserve [25790 - 25795.5] ( Chapter 8.9 added by Stats. 2022, Ch. 61, Sec. 6. ) ## ARTICLE 5. Certification of Facilities [25794 - 25794.10] ( Article 5 added by Stats. 2022, Ch. 61, Sec. 6. ) ## 25794.3. Upon receipt of an application pursuant to this article, commission staff shall establish a docket for the proceeding and publish a notice of receipt and shall mail the notice to all property owners within 1,000 feet of the proposed site. The commission shall establish a notification system for interested parties to receive notice of applications filed pursuant to this article. The notice shall also be sent to all local, state, and regional agencies that would have had jurisdiction over the site in the absence of the commission’s exclusive jurisdiction under subdivision (b) of Section 25794.1, federal agencies with jurisdiction over the project, and any California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed site. (Amended by Stats. 2022, Ch. 251, Sec. 17. (AB 209) Effective September 6, 2022.)
  157. 25794.4.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.9. Strategic Reliability Reserve [25790 - 25795.5] ( Chapter 8.9 added by Stats. 2022, Ch. 61, Sec. 6. ) ## ARTICLE 5. Certification of Facilities [25794 - 25794.10] ( Article 5 added by Stats. 2022, Ch. 61, Sec. 6. )

    Verify source ↗

    The executive director must review an application for completeness within 20 days, may ask the department for more information, and the commission must decide whether to issue a certificate within 180 days after the application is complete, unless the commission and department agree to more time.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.9. Strategic Reliability Reserve [25790 - 25795.5] ( Chapter 8.9 added by Stats. 2022, Ch. 61, Sec. 6. ) ## ARTICLE 5. Certification of Facilities [25794 - 25794.10] ( Article 5 added by Stats. 2022, Ch. 61, Sec. 6. ) ## 25794.4. (a) Within 20 days of the submission of the application pursuant to this article, the executive director shall review the application for completeness. The executive director may require the department to submit additional information, documents, or data reasonably necessary to make a decision on the application. The executive director shall transmit the request for additional information within 20 days of the submission of the application. (b) An application is deemed complete as follows: (1) Twenty days after the submission of the application, if the executive director does not require the submission of additional information, documents, or data pursuant to subdivision (a). (2) Immediately upon acceptance of the additional information, documents, or data requested by the executive director pursuant to subdivision (a). (c) No later than 180 days after the application is deemed complete, or at any later time as is mutually agreed to by the commission and the department, the commission shall determine whether to issue a certificate for the site and related facility pursuant to this article. (Added by Stats. 2022, Ch. 61, Sec. 6. (AB 205) Effective June 30, 2022.)
  158. 25794.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.9. Strategic Reliability Reserve [25790 - 25795.5] ( Chapter 8.9 added by Stats. 2022, Ch. 61, Sec. 6. ) ## ARTICLE 5. Certification of Facilities [25794 - 25794.10] ( Article 5 added by Stats. 2022, Ch. 61, Sec. 6. )

    Verify source ↗

    After an application is complete, the commission must review it, consult with tribes and agencies, publish analyses on schedule, and require air-emissions mitigation.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.9. Strategic Reliability Reserve [25790 - 25795.5] ( Chapter 8.9 added by Stats. 2022, Ch. 61, Sec. 6. ) ## ARTICLE 5. Certification of Facilities [25794 - 25794.10] ( Article 5 added by Stats. 2022, Ch. 61, Sec. 6. ) ## 25794.5. Upon an application being deemed complete, the commission shall do all of the following: (a) (1) Comply with subdivisions (d) to (g), inclusive, of, and subdivision (k) of, Section 25519. (2) Notwithstanding subdivision (f) of Section 25519, local agencies may review an application submitted by the commission under paragraph (1) and may 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, proximity to sensitive receptors and other incompatible land uses, and other appropriate aspects of the design, construction, or operation of the proposed site and related facility. (b) Provide the application to all California Native American tribes that are culturally and traditionally associated with the geographic area of the site and initiate consultation with those tribes in a manner consistent with Sections 21080.3.1 and 21080.3.2. (c) (1) If the commission does not receive a California Native American tribe’s request for consultation pursuant to subdivision (b), the commission, within 60 days after the application has been deemed complete, shall complete a preliminary analysis for the facility’s potential impacts to environment and public health and safety and the facility’s compliance with applicable laws, ordinances, regulations, and standards that would have applied in absence of the commission’s exclusive jurisdiction under subdivision (b) of Section 25794.1. (2) If the commission receives a California Native American tribe’s request for consultation pursuant to subdivision (b), the commission shall complete a preliminary analysis within 30 days after the commission concludes the consultation process with the California Native American tribe pursuant to subdivision (b). (d) Consult with local jurisdictions and state agencies in conducting the analysis to resolve any potential noncompliance with applicable laws, ordinances, regulations, and standards. (e) Propose conditions and verification and monitoring requirements for certification to mitigate any potential impacts to the maximum extent feasible. (f) Require the department to fully mitigate all air emissions in the surrounding community. The department may use the Climate Heat Impact Response Program (CHIRP) administered by the state board for compliance with this subdivision. (g) Publish the preliminary analysis for a minimum of 30 days before a 30-day public and agency comment period. (h) Prepare a final analysis responding to public and agency comments and making any changes at least 10 days before the commission considers whether to approve certification of the site and related facility. (Amended by Stats. 2022, Ch. 251, Sec. 18. (AB 209) Effective September 6, 2022.)
  159. 25794.6.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.9. Strategic Reliability Reserve [25790 - 25795.5] ( Chapter 8.9 added by Stats. 2022, Ch. 61, Sec. 6. ) ## ARTICLE 5. Certification of Facilities [25794 - 25794.10] ( Article 5 added by Stats. 2022, Ch. 61, Sec. 6. )

    Verify source ↗

    The commission must not certify a site and related facility if any listed condition applies.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.9. Strategic Reliability Reserve [25790 - 25795.5] ( Chapter 8.9 added by Stats. 2022, Ch. 61, Sec. 6. ) ## ARTICLE 5. Certification of Facilities [25794 - 25794.10] ( Article 5 added by Stats. 2022, Ch. 61, Sec. 6. ) ## 25794.6. The commission shall not certify a site and related facility if any of the following applies: (a) The site is a site described in Section 25527. (b) The site has not been previously disturbed, including, but not limited to, site clearing, excavating, grading, or other manipulation of the terrain. (c) The site does not have access to the infrastructure and resources with the necessary existing capacity and in the proximity needed to operate the facility, including, but not limited to, a natural gas line and a water line, as applicable. (d) After July 31, 2023, the facility will use diesel fuel. (Amended by Stats. 2022, Ch. 251, Sec. 19. (AB 209) Effective September 6, 2022.)
  160. 25794.7.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.9. Strategic Reliability Reserve [25790 - 25795.5] ( Chapter 8.9 added by Stats. 2022, Ch. 61, Sec. 6. ) ## ARTICLE 5. Certification of Facilities [25794 - 25794.10] ( Article 5 added by Stats. 2022, Ch. 61, Sec. 6. )

    Verify source ↗

    The commission must keep a list of all certifications granted under this article on its website while the certifications remain in effect.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.9. Strategic Reliability Reserve [25790 - 25795.5] ( Chapter 8.9 added by Stats. 2022, Ch. 61, Sec. 6. ) ## ARTICLE 5. Certification of Facilities [25794 - 25794.10] ( Article 5 added by Stats. 2022, Ch. 61, Sec. 6. ) ## 25794.7. The commission shall maintain on its internet website a list of all certifications granted pursuant to this article for as long as the certifications are in effect. (Added by Stats. 2022, Ch. 61, Sec. 6. (AB 205) Effective June 30, 2022.)
  161. 25794.8.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.9. Strategic Reliability Reserve [25790 - 25795.5] ( Chapter 8.9 added by Stats. 2022, Ch. 61, Sec. 6. ) ## ARTICLE 5. Certification of Facilities [25794 - 25794.10] ( Article 5 added by Stats. 2022, Ch. 61, Sec. 6. )

    Verify source ↗

    A certificate under this article is valid for up to five years from issuance. If a facility keeps operating beyond that period, it must first obtain any required permits, certificates, or similar documents from the relevant governments.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.9. Strategic Reliability Reserve [25790 - 25795.5] ( Chapter 8.9 added by Stats. 2022, Ch. 61, Sec. 6. ) ## ARTICLE 5. Certification of Facilities [25794 - 25794.10] ( Article 5 added by Stats. 2022, Ch. 61, Sec. 6. ) ## 25794.8. (a) A certificate issued pursuant to this article shall be valid for a period not to exceed five years from the date of issuance. (b) If a facility operates longer than the period specified in subdivision (a), all necessary permits, certificates, or similar documents required by state, local, and federal governments shall first be obtained. (Added by Stats. 2022, Ch. 61, Sec. 6. (AB 205) Effective June 30, 2022.)
  162. 25794.9.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.9. Strategic Reliability Reserve [25790 - 25795.5] ( Chapter 8.9 added by Stats. 2022, Ch. 61, Sec. 6. ) ## ARTICLE 5. Certification of Facilities [25794 - 25794.10] ( Article 5 added by Stats. 2022, Ch. 61, Sec. 6. )

    Verify source ↗

    For certificates issued under this article, Sections 25532 to 25537 apply.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.9. Strategic Reliability Reserve [25790 - 25795.5] ( Chapter 8.9 added by Stats. 2022, Ch. 61, Sec. 6. ) ## ARTICLE 5. Certification of Facilities [25794 - 25794.10] ( Article 5 added by Stats. 2022, Ch. 61, Sec. 6. ) ## 25794.9. Sections 25532 to 25537, inclusive, apply to a certificate issued pursuant to this article. (Added by Stats. 2022, Ch. 61, Sec. 6. (AB 205) Effective June 30, 2022.)
  163. 25795.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.9. Strategic Reliability Reserve [25790 - 25795.5] ( Chapter 8.9 added by Stats. 2022, Ch. 61, Sec. 6. ) ## ARTICLE 6. Miscellaneous [25795 - 25795.5] ( Article 6 added by Stats. 2022, Ch. 61, Sec. 6. )

    Verify source ↗

    The commission must file recurring written reports with the Joint Legislative Budget Committee.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.9. Strategic Reliability Reserve [25790 - 25795.5] ( Chapter 8.9 added by Stats. 2022, Ch. 61, Sec. 6. ) ## ARTICLE 6. Miscellaneous [25795 - 25795.5] ( Article 6 added by Stats. 2022, Ch. 61, Sec. 6. ) ## 25795. (a) Beginning on January 31, 2023, and on May 1, August 1, and December 1 annually thereafter, the commission shall issue a written report to the Joint Legislative Budget Committee detailing the actions undertaken by the commission in the period since the previous report pursuant to this chapter through that date, including, but not limited to, all of the following: (1) Amount of funds expended. (2) Purpose of funds expended. (3) Status of actions funded. (4) For new and expanded resources, the amount by megawatt, resource type, operational date, and expected lifetime of that capacity. (5) The frequency at which resources funded by the Department of Water Resources or the commission have been used and the extent to which they complied with the requirements of this chapter. (6) In consultation with the state board, an estimate or the best available information on the emissions of greenhouse gases, criteria air pollutants, and toxic air contaminants emitted by the resources funded by the Department of Water Resources or the commission over the period since the previous report. (7) Summary of contracts, grants, and loans issued pursuant to this chapter. (b) Each report submitted pursuant to this section shall be submitted to the Joint Legislative Budget Committee at the same time and in the same manner as reports submitted pursuant to Section 80730 of the Water Code. (Amended by Stats. 2023, Ch. 367, Sec. 3. (AB 1373) Effective October 7, 2023.)
  164. 25795.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.9. Strategic Reliability Reserve [25790 - 25795.5] ( Chapter 8.9 added by Stats. 2022, Ch. 61, Sec. 6. ) ## ARTICLE 6. Miscellaneous [25795 - 25795.5] ( Article 6 added by Stats. 2022, Ch. 61, Sec. 6. )

    Verify source ↗

    The chapter’s provisions are severable, so if one part or its application is invalid, the rest can still stand if they work without the invalid part.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 8.9. Strategic Reliability Reserve [25790 - 25795.5] ( Chapter 8.9 added by Stats. 2022, Ch. 61, Sec. 6. ) ## ARTICLE 6. Miscellaneous [25795 - 25795.5] ( Article 6 added by Stats. 2022, Ch. 61, Sec. 6. ) ## 25795.5. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2022, Ch. 61, Sec. 6. (AB 205) Effective June 30, 2022.)
  165. 25801.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 9. State Energy Resources Conservation and Development Accounts [25801 - 25806] ( Heading of Chapter 9 amended by Stats. 1977, Ch. 1114. )

    Verify source ↗

    The Energy Resources Programs Account exists in the General Fund in the State Treasury.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 9. State Energy Resources Conservation and Development Accounts [25801 - 25806] ( Heading of Chapter 9 amended by Stats. 1977, Ch. 1114. ) ## 25801. There is in the General Fund in the State Treasury the Energy Resources Programs Account. (Amended by Stats. 1982, Ch. 1067, Sec. 2. Operative July 1, 1983, by Sec. 10 of Ch. 1067.)
  166. 25802.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 9. State Energy Resources Conservation and Development Accounts [25801 - 25806] ( Heading of Chapter 9 amended by Stats. 1977, Ch. 1114. )

    Verify source ↗

    A person filing a notice of intent for a proposed generating facility must include a fee, calculated at $0.01 per kilowatt, subject to a $1,000 minimum and $25,000 maximum, and paid only on one qualifying alternate site. Other facilities require a $5,000 fee, also paid only on one alternate site.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 9. State Energy Resources Conservation and Development Accounts [25801 - 25806] ( Heading of Chapter 9 amended by Stats. 1977, Ch. 1114. ) ## 25802. Each person who submits to the commission a notice of intent for any proposed generating facility shall accompany the notice with a fee of one cent ($0.01) per kilowatt of net electric capacity of the proposed generation facility. Such fee shall only be paid on one of the alternate proposed facility sites which has the highest electrical designed capacity. In no event shall such fee be less than one thousand dollars ($1,000) nor more than twenty-five thousand dollars ($25,000). For any other facility, the notice shall be accompanied by a fee of five thousand dollars ($5,000). Such fee shall only be paid on one of the alternate proposed facility sites. (Added by Stats. 1974, Ch. 276.)
  167. 25803.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 9. State Energy Resources Conservation and Development Accounts [25801 - 25806] ( Heading of Chapter 9 amended by Stats. 1977, Ch. 1114. )

    Verify source ↗

    The commission must send Section 25802 funds to the State Treasurer for deposit in the account, and the account money may be spent only to carry out this division when the Legislature appropriates it in the Budget Act.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 9. State Energy Resources Conservation and Development Accounts [25801 - 25806] ( Heading of Chapter 9 amended by Stats. 1977, Ch. 1114. ) ## 25803. All funds received by the commission pursuant to Section 25802, shall be remitted to the State Treasurer for deposit in the account. All funds in the account shall be expended for purposes of carrying out the provisions of this division, when appropriated by the Legislature in the Budget Act. (Amended by Stats. 1974, Ch. 991.)
  168. 25804.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 9. State Energy Resources Conservation and Development Accounts [25801 - 25806] ( Heading of Chapter 9 amended by Stats. 1977, Ch. 1114. )

    Verify source ↗

    References to the State Energy Resources Conservation and Development Special Account must be treated as references to the Energy Resources Programs Account.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 9. State Energy Resources Conservation and Development Accounts [25801 - 25806] ( Heading of Chapter 9 amended by Stats. 1977, Ch. 1114. ) ## 25804. All references in this division or any other provision of law to the State Energy Resources Conservation and Development Special Account shall be deemed references to the Energy Resources Programs Account. (Repealed and added by Stats. 1982, Ch. 1067, Sec. 4. Operative July 1, 1983, by Sec. 10 of Ch. 1067.)
  169. 25806.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 9. State Energy Resources Conservation and Development Accounts [25801 - 25806] ( Heading of Chapter 9 amended by Stats. 1977, Ch. 1114. )

    Verify source ↗

    This section requires applicants for certain certification applications to pay commission processing costs and a $750,000 nonrefundable deposit, and requires certified-site holders to pay a $70,000 annual fee.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 9. State Energy Resources Conservation and Development Accounts [25801 - 25806] ( Heading of Chapter 9 amended by Stats. 1977, Ch. 1114. ) ## 25806. (a) A person who submits to the commission an application for certification under Chapter 6 (commencing with Section 25500) or Chapter 6.2 (commencing with Section 25545) shall pay all costs incurred by the commission in processing the application and shall submit with the application a nonrefundable deposit of seven hundred fifty thousand dollars ($750,000). For the actual costs incurred by the commission in excess of the deposit, the commission shall provide invoices, at least annually, to the applicant who shall timely remit the additional fees to the commission. (b) A person who receives certification of a site and related facility pursuant to Chapter 6 (commencing with Section 25500) or Chapter 6.2 (commencing with Section 25545) shall pay an annual fee of seventy thousand dollars ($70,000). For a facility certified on or after January 1, 2004, the first payment of the annual fee is due on the date the commission adopts the final decision. All subsequent payments are due by July 1 of each year that the facility retains its certification. The fiscal year for the annual fee is July 1 to June 30, inclusive. (c) The deposit required pursuant to subdivision (a) and the fees described in subdivisions (b) and (e) shall be adjusted annually to reflect the percentage change in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services, as published by the United States Department of Commerce. (d) The Energy Facility License and Compliance Fund is hereby created in the State Treasury. All fees received by the commission pursuant to this section shall be remitted to the Treasurer for deposit into the fund. The moneys in the fund shall be expended, upon appropriation by the Legislature, for processing applications for certification and for compliance monitoring. (e) A person who submits to the commission a petition to amend an existing project that previously received certification shall submit with the petition a nonrefundable fee of five thousand dollars ($5,000). The commission shall conduct a full accounting of the actual cost of processing the petition to amend, for which the project owner shall reimburse the commission if the costs exceed five thousand dollars ($5,000). Any reimbursement and fees received by the commission pursuant to this subdivision shall be deposited into the Energy Facility License and Compliance Fund. This subdivision does not apply to a change in ownership or operational control of a project. (Amended by Stats. 2025, Ch. 15, Sec. 7. (SB 127) Effective June 27, 2025.)
  170. 25900.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 10. Enforcement and Judicial Review [25900 - 25903] ( Chapter 10 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    If the commission finds a violation or an emergency threat, it may ask the Attorney General to seek a court order stopping the violation.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 10. Enforcement and Judicial Review [25900 - 25903] ( Chapter 10 added by Stats. 1974, Ch. 276. ) ## 25900. Except as provided in Sections 25402.11 and 25531, if the commission finds that any provision of this division is violated, or a violation is threatening to take place that constitutes an emergency requiring immediate action to protect the public health, welfare, or safety, the Attorney General, upon request of the commission, shall petition a court to enjoin the violation. The court may grant prohibitory or mandatory injunctive relief as warranted by way of temporary restraining order, preliminary injunction, and permanent injunction. (Amended by Stats. 2011, Ch. 591, Sec. 4. (SB 454) Effective January 1, 2012.)
  171. 25901.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 10. Enforcement and Judicial Review [25900 - 25903] ( Chapter 10 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    An aggrieved person may petition the superior court for a writ of mandate within 30 days after the commission’s determination, subject to Section 25531.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 10. Enforcement and Judicial Review [25900 - 25903] ( Chapter 10 added by Stats. 1974, Ch. 276. ) ## 25901. (a) Within 30 days after the commission issues its determination on any matter specified in this division, except as provided in Section 25531, any aggrieved person may file with the superior court a petition for a writ of mandate for review thereof. Failure to file such an action does not preclude a person from challenging the reasonableness and validity of a decision in any judicial proceedings brought to enforce the decision or to obtain other civil remedies. (b) The decision of the commission shall be sustained by the court unless the court finds (1) that the commission proceeded without, or in excess of its jurisdiction, (2) that, based exclusively upon a review of the record before the commission, the decision is not supported by substantial evidence in light of the whole record, or (3) that the commission failed to proceed in the manner required by law. (c) Except as otherwise provided in this section, subdivisions (f) and (g) of Section 1094.5 of the Code of Civil Procedure govern proceedings pursuant to this section. (Amended by Stats. 2024, Ch. 353, Sec. 33. (AB 1533) Effective January 1, 2025.)
  172. 25902.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 10. Enforcement and Judicial Review [25900 - 25903] ( Chapter 10 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    Evaluations and findings under the cited reports and notice of intent are not final commission determinations, and court actions may not be brought to review them.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 10. Enforcement and Judicial Review [25900 - 25903] ( Chapter 10 added by Stats. 1974, Ch. 276. ) ## 25902. Any evaluations in the reports required by Section 25309 and any findings and determinations on the notice of intent pursuant to Chapter 6 (commencing with Section 25500) shall not be construed as a final evaluation, finding, or determination by the commission and a court action may not be brought to review any such evaluation, finding, or determination. (Amended by Stats. 1994, Ch. 1145, Sec. 29. Effective January 1, 1995.)
  173. 25903.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 10. Enforcement and Judicial Review [25900 - 25903] ( Chapter 10 added by Stats. 1974, Ch. 276. )

    Verify source ↗

    If part of Section 25531 is invalid, judicial review goes to the superior court under subdivision (b) conditions, and the court must prioritize the review and related appeals.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 10. Enforcement and Judicial Review [25900 - 25903] ( Chapter 10 added by Stats. 1974, Ch. 276. ) ## 25903. If any provision of subdivision (a) of Section 25531, with respect to judicial review of the decision on certification of a site and related facility, is held invalid, judicial review of such decisions shall be conducted in the superior court subject to the conditions of subdivision (b) of Section 25531. The superior court shall grant priority in setting such matters for review, and the appeals from any such review shall be given preference in hearings in the Supreme Court and courts of appeal. (Added by Stats. 1974, Ch. 276.)
  174. 25910.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 10.5. Insulation Material Standards [25910 - 25912] ( Heading of Chapter 10.5 amended by Stats. 1987, Ch. 925, Sec. 15. )

    Verify source ↗

    The commission must set minimum insulation standards for existing buildings by regulation, and contractors may not install insulation in an existing building unless they later certify in writing that the insulation meets those standards.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 10.5. Insulation Material Standards [25910 - 25912] ( Heading of Chapter 10.5 amended by Stats. 1987, Ch. 925, Sec. 15. ) ## 25910. The commission shall, by regulation adopted no later than July 1, 1978, establish minimum standards for the amount of additional insulation (expressed in terms of R-value) installed in existing buildings. One year after the adoption of those standards, no insulation shall be installed in any existing building by a contractor unless the contractor certifies to the customer in writing that the amount of insulation (expressed in terms of R-value) meets or exceeds the minimum amount established by the standards. The minimum standards may vary for different types of buildings or building occupancies and different climate zones in the state. The minimum standards shall be economically feasible in that the resultant savings in energy procurement costs shall be greater than the cost of the insulation to the customer amortized over the useful life of the insulation. (Repealed and added by Stats. 1984, Ch. 1456, Sec. 18.)
  175. 25911.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 10.5. Insulation Material Standards [25910 - 25912] ( Heading of Chapter 10.5 amended by Stats. 1987, Ch. 925, Sec. 15. )

    Verify source ↗

    The Commission may adopt rules for urea formaldehyde foam insulation materials to protect public health and safety.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 10.5. Insulation Material Standards [25910 - 25912] ( Heading of Chapter 10.5 amended by Stats. 1987, Ch. 925, Sec. 15. ) ## 25911. The State Energy Resources Conservation and Development Commission may adopt regulations pertaining to urea formaldehyde foam insulation materials as are reasonably necessary to protect the public health and safety. These regulations may include, but are not limited to, prohibition of the manufacture, sale, or installation of urea formaldehyde foam insulation, requirements for safety notices to consumers, certification of installers, and specification of installation practices. Regulations adopted pursuant to this section shall be promulgated after public hearings in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Any regulation adopted by the commission to prohibit the sale and installation of urea formaldehyde foam insulation shall be based upon a record of scientific evidence which demonstrates the need for the prohibition in order to protect the public health and safety. (Added by Stats. 1984, Ch. 1456, Sec. 18.)
  176. 25912.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 10.5. Insulation Material Standards [25910 - 25912] ( Heading of Chapter 10.5 amended by Stats. 1987, Ch. 925, Sec. 15. )

    Verify source ↗

    Before adopting a regulation that would prohibit the sale and installation of urea formaldehyde foam insulation, the commission must consult and seek written comments from specified scientific agencies and organizations.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 10.5. Insulation Material Standards [25910 - 25912] ( Heading of Chapter 10.5 amended by Stats. 1987, Ch. 925, Sec. 15. ) ## 25912. Prior to adopting any regulation which causes a prohibition on the sale and installation of urea formaldehyde foam insulation, the commission shall consult with, and solicit written comments from, all of the following: (a) Federal and state agencies with appropriate scientific staffs, including, but not limited to, the State Department of Health Services, the National Academy of Sciences, the United States Department of Housing and Urban Development, the United States Department of Energy, and the United States Consumer Product Safety Commission. (b) Universities and public and private scientific organizations. (Added by Stats. 1984, Ch. 1456, Sec. 18. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
  177. 25942.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 10.8. Home Energy and Labeling Program [25942 - 25943] ( Chapter 10.8 added by Stats. 1990, Ch. 349, Sec. 2. )

    Verify source ↗

    The commission must create and adopt a statewide home energy rating program, and home energy rating services cannot be performed in the state after January 1, 1996 unless certified if a certification program is available.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 10.8. Home Energy and Labeling Program [25942 - 25943] ( Chapter 10.8 added by Stats. 1990, Ch. 349, Sec. 2. ) ## 25942. (a) On or before July 1, 1995, the commission shall establish criteria for adopting a statewide home energy rating program for residential dwellings. The program criteria shall include, but are not limited to, all of the following elements: (1) Consistent, accurate, and uniform ratings based on a single statewide rating scale. (2) Reasonable estimates of potential utility bill savings, and reliable recommendations on cost-effective measures to improve energy efficiency. (3) Training and certification procedures for home raters and quality assurance procedures to promote accurate ratings and to protect consumers. (4) In coordination with home energy rating service organization data bases, procedures to establish a centralized, publicly accessible, data base that includes a uniform reporting system for information on residential dwellings, excluding proprietary information, needed to facilitate the program. There shall be no public access to information in the data base concerning specific dwellings without the owner’s or occupant’s permission. (5) Labeling procedures that will meet the needs of home buyers, homeowners, renters, the real estate industry, and mortgage lenders with an interest in home energy ratings. (b) The commission shall adopt the program pursuant to subdivision (a) in consultation with representatives of the Department 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, home builders, mortgage lenders, home appraisers and inspectors, home energy rating organizations, contractors who provide home energy services, consumer groups, and environmental groups. (c) On and after January 1, 1996, no home energy rating services may be performed in this state unless the services have been certified, if such a certification program is available, by the commission to be in compliance with the program criteria specified in subdivision (a) and, in addition, are in conformity with any other applicable element of the program. (d) On or before July 1, 1996, the commission shall consult with the agencies and organizations described in subdivision (b), to facilitate a public information program to inform homeowners, rental property owners, renters, sellers, and others of the existence of the statewide home energy rating program adopted by the commission. (e) Beginning with the 1998 biennial energy conservation report required by Section 25401.1, the commission shall, as part of that biennial report, report on the progress made to implement a statewide home energy rating program. The report shall include an evaluation of the energy savings attributable to the program, and a recommendation concerning which means and methods will be most efficient and cost-effective to induce home energy ratings for residential dwellings. (Amended by Stats. 1994, Ch. 553, Sec. 19. Effective January 1, 1995.)
  178. 25943.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 10.8. Home Energy and Labeling Program [25942 - 25943] ( Chapter 10.8 added by Stats. 1990, Ch. 349, Sec. 2. )

    Verify source ↗

    The commission must create and run an energy efficiency program for California buildings, adopt related contractor and consumer-protection rules, consult and coordinate with other entities, and update and report on the program over time.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 10.8. Home Energy and Labeling Program [25942 - 25943] ( Chapter 10.8 added by Stats. 1990, Ch. 349, Sec. 2. ) ## 25943. (a) (1) By March 1, 2010, the commission shall establish a regulatory proceeding to develop and implement a comprehensive program to achieve greater energy savings in California’s existing residential and nonresidential building stock. This program shall comprise a complementary portfolio of techniques, applications, and practices that will achieve greater energy efficiency in existing residential and nonresidential structures that fall significantly below the current standards in Title 24 of the California Code of Regulations, as determined by the commission. (2) The comprehensive program may include, but need not be limited to, a broad range of energy assessments, building benchmarking, energy rating, cost-effective energy efficiency improvements, public and private sector energy efficiency financing options, public outreach and education efforts, and green workforce training. (3) The commission shall adopt, implement, and enforce a responsible contractor policy for use across all ratepayer-funded energy efficiency programs that involve installation or maintenance, or both installation and maintenance, by building contractors to ensure that retrofits meet high-quality performance standards and reduce energy savings lost or foregone due to poor-quality workmanship. (4) The commission, in consultation with the Public Utilities Commission, shall establish consumer protection guidelines for energy efficiency products and services. (b) To develop and implement the program specified in subdivision (a), the commission shall do both of the following: (1) Coordinate with the Public Utilities Commission and consult with representatives from the Bureau of Real Estate, the Department of Housing and Community Development, investor-owned and publicly owned utilities, local governments, real estate licensees, commercial and homebuilders, commercial property owners, small businesses, mortgage lenders, financial institutions, home appraisers, inspectors, energy rating organizations, consumer groups, environmental and environmental justice groups, and other entities the commission deems appropriate. (2) Hold at least three public hearings in geographically diverse locations throughout the state. (c) In developing the requirements for the program specified in subdivision (a), the commission shall consider all of the following: (1) The amount of annual and peak energy savings, greenhouse gas emission reductions, and projected customer utility bill savings that will accrue from the program. (2) The most cost-effective means and reasonable timeframes to achieve the goals of the program. (3) The various climatic zones within the state. (4) An appropriate method to inform and educate the public about the need for, benefits of, and environmental impacts of, the comprehensive energy efficiency program. (5) The most effective way to report the energy assessment results and the corresponding energy efficiency improvements to the owner of the residential or nonresidential building, including, among other things, the following: (A) Prioritizing the identified energy efficiency improvements. (B) The payback period or cost-effectiveness of each improvement identified. (C) The various incentives, loans, grants, and rebates offered to finance the improvements. (D) Available financing options including all of the following: (i) Mortgages or sales agreement components. (ii) On-bill financing. (iii) Contractual property tax assessments. (iv) Home warranties. (6) Existing statutory and regulatory requirements to achieve energy efficiency savings and greenhouse gas emission reductions. (7) A broad range of implementation approaches, including both utility and nonutility administration of energy efficiency programs, especially the use of not-for-profit and community-based organizations that assist with deployment in disadvantaged communities identified pursuant to Section 39711 of the Health and Safety Code. (8) Workforce development and job training for residents in disadvantaged communities, including veterans, at-risk youth, and members of the state and local community conservation corps. (9) Any other considerations deemed appropriate by the commission. (d) The program developed pursuant to this section shall do all of the following: (1) Minimize the overall costs of establishing and implementing the comprehensive energy efficiency program requirements. (2) Ensure, for residential buildings, that the energy efficiency assessments, ratings, or improvements do not unreasonably or unnecessarily affect the home purchasing process or the ability of individuals to rent housing. A transfer of property subject to the program implemented pursuant to this section shall not be invalidated solely because of the failure of a person to comply with a provision of the program. (3) Ensure, for nonresidential buildings, that the energy improvements do not have an undue economic impact on California businesses. (4) Determine, for residential buildings, the appropriateness of the Home Energy Rating System (HERS) program to support the goals of this section and whether there are a sufficient number of HERS-certified raters available to meet the program requirements. (5) Determine, for nonresidential structures, the availability of an appropriate cost-effective energy efficiency assessment system and whether there are a sufficient number of certified raters or auditors available to meet the program requirements. (6) Coordinate with the California Workforce Investment Board, the Employment Training Panel, the California Community Colleges, and other entities to ensure a qualified, well-trained workforce is available to implement the program requirements. (7) Promote greater project penetration in disadvantaged communities identified pursuant to Section 39711 of the Health and Safety Code, including the deployment of energy efficiency surveys and audits, energy efficiency retrofits and upgrades, weatherization, and followup project inspections by state-certified community conservation corps and other community-based workforce development organizations that serve residents of disadvantaged communities, including veterans and disadvantaged youth. (8) Coordinate with, and avoid duplication of, existing proceedings of the Public Utilities Commission and programs administered by utilities. (e) A home energy rating or energy assessment service does not meet the requirements of this section unless the service has been certified by the commission to be in compliance with the program criteria developed pursuant to this section and is in conformity with other applicable elements of the program. (f) (1) The commission shall periodically update the criteria and adopt any revision that, in its judgment, is necessary to improve or refine program requirements after receiving public input. (2) On or before January 1, 2017, and at least once every three years thereafter, the commission shall adopt an update to the program in furtherance of achieving a cumulative doubling of statewide energy efficiency savings in electricity and natural gas final end uses of retail customers by January 1, 2030. (g) Before implementing an element of the program developed pursuant to subdivision (a) that requires the expansion of statutory authority of the commission or the Public Utilities Commission, the commission and the Public Utilities Commission shall obtain legislative approval for the expansion of their authorities. (h) The commission shall report on the status of the program in the integrated energy policy report pursuant to Section 25302. (i) The commission shall fund activities undertaken pursuant to this section from the Federal Trust Fund consistent with the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5) or other sources of nonstate funds available to the commission for the purposes of this section. (j) For purposes of this section, the following terms mean the following: (1) “Energy assessment” means a determination of an energy user’s energy consumption level, relative efficiency compared to other users, and opportunities to achieve greater efficiency or improve energy resource utilization. (2) “Energy efficiency” means delivering equal or more services with less energy input from an energy source. (Amended by Stats. 2015, Ch. 547, Sec. 8. (SB 350) Effective January 1, 2016.)
  179. 25950.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 11. Gas Appliances [25950 - 25968] ( Chapter 11 added by Stats. 1974, Ch. 1411. ) ## ARTICLE 1. Definitions [25950 - 25953] ( Article 1 added by Stats. 1974, Ch. 1411. )

    Verify source ↗

    This section defines “gas appliance” 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 11. Gas Appliances [25950 - 25968] ( Chapter 11 added by Stats. 1974, Ch. 1411. ) ## ARTICLE 1. Definitions [25950 - 25953] ( Article 1 added by Stats. 1974, Ch. 1411. ) ## 25950. “Gas appliance” means any new residential-type furnace, air conditioner, heater, refrigerator, stove, range, dishwasher, dryer, decorative fireplace log, or other similar device, except a water heater, which uses a gaseous fuel for operation and is automatically ignited. (Added by Stats. 1974, Ch. 1411.)
  180. 25951.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 11. Gas Appliances [25950 - 25968] ( Chapter 11 added by Stats. 1974, Ch. 1411. ) ## ARTICLE 1. Definitions [25950 - 25953] ( Article 1 added by Stats. 1974, Ch. 1411. )

    Verify source ↗

    “Pilot light” is defined as a gas-operated device that stays continually lit or operated to ignite a gas appliance when normal operation begins.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 11. Gas Appliances [25950 - 25968] ( Chapter 11 added by Stats. 1974, Ch. 1411. ) ## ARTICLE 1. Definitions [25950 - 25953] ( Article 1 added by Stats. 1974, Ch. 1411. ) ## 25951. “Pilot light” means any gas operated device that remains continually operated or lighted in order to ignite a gas appliance to begin normal operation. (Added by Stats. 1974, Ch. 1411.)
  181. 25952.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 11. Gas Appliances [25950 - 25968] ( Chapter 11 added by Stats. 1974, Ch. 1411. ) ## ARTICLE 1. Definitions [25950 - 25953] ( Article 1 added by Stats. 1974, Ch. 1411. )

    Verify source ↗

    This section defines “intermittent ignition device” as an ignition device that operates only when the gas appliance is running.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 11. Gas Appliances [25950 - 25968] ( Chapter 11 added by Stats. 1974, Ch. 1411. ) ## ARTICLE 1. Definitions [25950 - 25953] ( Article 1 added by Stats. 1974, Ch. 1411. ) ## 25952. “Intermittent ignition device” means an ignition device which is actuated only when the gas appliance is in operation. (Added by Stats. 1974, Ch. 1411.)
  182. 25953.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 11. Gas Appliances [25950 - 25968] ( Chapter 11 added by Stats. 1974, Ch. 1411. ) ## ARTICLE 1. Definitions [25950 - 25953] ( Article 1 added by Stats. 1974, Ch. 1411. )

    Verify source ↗

    This section defines key terms used in the gas appliances chapter.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 11. Gas Appliances [25950 - 25968] ( Chapter 11 added by Stats. 1974, Ch. 1411. ) ## ARTICLE 1. Definitions [25950 - 25953] ( Article 1 added by Stats. 1974, Ch. 1411. ) ## 25953. As used in this chapter, the following terms have the following meanings: (a) “Person” means any individual, partnership, corporation, limited liability company, association, manufacturer, distributor, retailer, contractor or builder as defined in Section 7026 of the Business and Professions Code, or other groups, however organized, who sell or cause to be distributed or installed, any new gas appliance as defined in Section 25950. (b) “Manufacturer” means any individual, partnership, corporation, association, or other legal relationship that manufactures, assembles, produces, or gathers consumer goods. (c) “Distributor” means any individual, partnership, corporation, association, or other legal relationship that stands between the manufacturer and the retail seller in purchases, consignments, or contracts for sale of consumer goods. (d) “Retail seller,” “retail outlets,” “seller,” or “retailer” means any individual, partnership, corporation, association, or other legal relationship that engages in the business of selling new goods to retail buyers. (e) “Contractor” for the purpose of this chapter is synonymous with the term “builder” and, within the meaning of this chapter, a contractor is any person who undertakes to or offers to undertake to or purports to have the capacity to undertake to or submits a bid to, or does themselves or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish any building, highway, road, parking facility, railroad, excavation, or other structure, project, development, or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith. The term “contractor” includes subcontractor and specialty contractor. (Amended by Stats. 2024, Ch. 353, Sec. 34. (AB 1533) Effective January 1, 2025.)
  183. 25960.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 11. Gas Appliances [25950 - 25968] ( Chapter 11 added by Stats. 1974, Ch. 1411. ) ## ARTICLE 2. General Provisions [25960 - 25968] ( Article 2 added by Stats. 1974, Ch. 1411. )

    Verify source ↗

    A new residential-type gas appliance with a pilot light may not be sold in the state after an alternate means is certified 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 11. Gas Appliances [25950 - 25968] ( Chapter 11 added by Stats. 1974, Ch. 1411. ) ## ARTICLE 2. General Provisions [25960 - 25968] ( Article 2 added by Stats. 1974, Ch. 1411. ) ## 25960. No new residential-type gas appliance that is equipped with a pilot light shall be sold in the state after an alternate means has been certified by the commission. This prohibition shall become operative 24 months after an intermittent ignition device has been demonstrated and certified by the commission as an alternate means. The commission may determine, after demonstration, that there is no feasible alternative means to the use of pilot light or that the use of a pilot light is necessary for public health and safety. (Amended by Stats. 1978, Ch. 248.)
  184. 25960.5.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 11. Gas Appliances [25950 - 25968] ( Chapter 11 added by Stats. 1974, Ch. 1411. ) ## ARTICLE 2. General Provisions [25960 - 25968] ( Article 2 added by Stats. 1974, Ch. 1411. )

    Verify source ↗

    Swimming pool heaters with pilot lights made before February 24, 1984 could be sold until December 1, 1984; after that date, sale or offer for sale is allowed only if the heater has intermittent ignition or burns only liquefied petroleum gases.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 11. Gas Appliances [25950 - 25968] ( Chapter 11 added by Stats. 1974, Ch. 1411. ) ## ARTICLE 2. General Provisions [25960 - 25968] ( Article 2 added by Stats. 1974, Ch. 1411. ) ## 25960.5. Notwithstanding the prohibition contained in Section 25960, any swimming pool heater with a pilot light which was manufactured prior to February 24, 1984, and in stock or on order as of that date, may be sold in this state prior to December 1, 1984. On or after December 1, 1984, no swimming pool heater may be sold or offered for sale, unless it is equipped with an intermittent ignition device or is designed to burn only liquefied petroleum gases. (Added by Stats. 1984, Ch. 26, Sec. 1. Effective March 1, 1984.)
  185. 25961.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 11. Gas Appliances [25950 - 25968] ( Chapter 11 added by Stats. 1974, Ch. 1411. ) ## ARTICLE 2. General Provisions [25960 - 25968] ( Article 2 added by Stats. 1974, Ch. 1411. )

    Verify source ↗

    The commission must develop certification specifications for intermittent ignition devices by January 1, 1976, working with designated industry and consumer representatives.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 11. Gas Appliances [25950 - 25968] ( Chapter 11 added by Stats. 1974, Ch. 1411. ) ## ARTICLE 2. General Provisions [25960 - 25968] ( Article 2 added by Stats. 1974, Ch. 1411. ) ## 25961. The commission shall, on or before January 1, 1976, develop in cooperation with affected industry and consumer representatives, who will be designated as such representatives by the commission, the specifications for certification of intermittent ignition devices which shall not significantly affect the price of gas appliances in competition with similar electrical appliances. The specification shall be developed so as to result in the conservation of primary energy resources, shall include provisions necessary for public health and safety, and shall give due consideration to the initial costs, including installation and maintenance costs imposed upon the consumer. (Added by Stats. 1974, Ch. 1411.)
  186. 25962.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 11. Gas Appliances [25950 - 25968] ( Chapter 11 added by Stats. 1974, Ch. 1411. ) ## ARTICLE 2. General Provisions [25960 - 25968] ( Article 2 added by Stats. 1974, Ch. 1411. )

    Verify source ↗

    After the commission certifies an intermittent ignition device, it must notify gas appliance manufacturers in the state within 90 days about the prohibition on affected pilot lights and the devices available for compliance.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 11. Gas Appliances [25950 - 25968] ( Chapter 11 added by Stats. 1974, Ch. 1411. ) ## ARTICLE 2. General Provisions [25960 - 25968] ( Article 2 added by Stats. 1974, Ch. 1411. ) ## 25962. Within 90 days after an intermittent ignition device has been certified by the commission, the commission shall notify all gas appliance manufacturers doing business in the state, as to the prohibition of affected pilot lights and shall inform the manufacturers of the devices available to comply with this article. (Amended by Stats. 1975, Ch. 135.)
  187. 25963.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 11. Gas Appliances [25950 - 25968] ( Chapter 11 added by Stats. 1974, Ch. 1411. ) ## ARTICLE 2. General Provisions [25960 - 25968] ( Article 2 added by Stats. 1974, Ch. 1411. )

    Verify source ↗

    The commission must create a certification seal and distribute it to manufacturers that comply with this article. The seal must be affixed to every new appliance sold in the state.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 11. Gas Appliances [25950 - 25968] ( Chapter 11 added by Stats. 1974, Ch. 1411. ) ## ARTICLE 2. General Provisions [25960 - 25968] ( Article 2 added by Stats. 1974, Ch. 1411. ) ## 25963. The commission shall create a seal of certification and shall distribute the seal to every manufacturer that complies with this article. The seal shall be affixed to every new appliance sold in the state. (Added by Stats. 1974, Ch. 1411.)
  188. 25964.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 11. Gas Appliances [25950 - 25968] ( Chapter 11 added by Stats. 1974, Ch. 1411. ) ## ARTICLE 2. General Provisions [25960 - 25968] ( Article 2 added by Stats. 1974, Ch. 1411. )

    Verify source ↗

    After the stated certification period, people may not sell or offer new gas appliances in the state without the commission’s certification seal, and building permits may not be issued for buildings with new gas appliances unless compliance with the chapter is shown.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 11. Gas Appliances [25950 - 25968] ( Chapter 11 added by Stats. 1974, Ch. 1411. ) ## ARTICLE 2. General Provisions [25960 - 25968] ( Article 2 added by Stats. 1974, Ch. 1411. ) ## 25964. After 24 months after an intermittent ignition device has been certified by the commission, no person shall sell or offer for sale in this state any new gas appliances, as defined in Section 25950, without obtaining the proper seal of certification from the commission, unless the commission otherwise permits such action. Beginning 24 months after an intermittent ignition device has been certified by the commission, no city or county, city and county, or state agency shall issue a permit for any building to be equipped with any new gas appliance, as defined in Section 25950, unless such building permit shows that the gas appliance complies with this chapter. However, any new gas appliance which does not comply with this chapter may be installed if the appliance was purchased pursuant to a contract executed prior to June 17, 1978, and if the building permit was approved prior to July 8, 1978. (Amended by Stats. 1981, Ch. 714, Sec. 375.)
  189. 25965.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 11. Gas Appliances [25950 - 25968] ( Chapter 11 added by Stats. 1974, Ch. 1411. ) ## ARTICLE 2. General Provisions [25960 - 25968] ( Article 2 added by Stats. 1974, Ch. 1411. )

    Verify source ↗

    After an intermittent ignition device has been certified, the commission must periodically inspect manufacturers and distributors of gas appliances and may inspect retail outlets.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 11. Gas Appliances [25950 - 25968] ( Chapter 11 added by Stats. 1974, Ch. 1411. ) ## ARTICLE 2. General Provisions [25960 - 25968] ( Article 2 added by Stats. 1974, Ch. 1411. ) ## 25965. After 24 months after an intermittent ignition device has been certified by the commission, the commission shall make periodic inspections of manufacturers and distributors of gas appliances and may inspect retail outlets, including gas appliances that have been or are to be installed by contractors or builders at building sites in order to determine their compliance with this article. (Amended by Stats. 1975, Ch. 135.)
  190. 25966.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 11. Gas Appliances [25950 - 25968] ( Chapter 11 added by Stats. 1974, Ch. 1411. ) ## ARTICLE 2. General Provisions [25960 - 25968] ( Article 2 added by Stats. 1974, Ch. 1411. )

    Verify source ↗

    People who violate or plan to violate this chapter can be enjoined by a court.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 11. Gas Appliances [25950 - 25968] ( Chapter 11 added by Stats. 1974, Ch. 1411. ) ## ARTICLE 2. General Provisions [25960 - 25968] ( Article 2 added by Stats. 1974, Ch. 1411. ) ## 25966. Any person who violates or proposes to violate this chapter may be enjoined by any court of competent jurisdiction. The court may make such orders or judgments, including the appointment of a receiver, as may be necessary to prevent the use or employment by any person of any practices which violate this chapter, or which may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of any practice which violates any provision of this chapter. Actions for injunction under this section may be prosecuted by the Attorney General or any district attorney, county counsel, city attorney, or city prosecutor in this state in the name of the people of the State of California upon their own complaint or upon the complaint of any board, officer, person, corporation or association or by any person acting for the interests of itself, its members or the general public. (Added by Stats. 1974, Ch. 1411.)
  191. 25967.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 11. Gas Appliances [25950 - 25968] ( Chapter 11 added by Stats. 1974, Ch. 1411. ) ## ARTICLE 2. General Provisions [25960 - 25968] ( Article 2 added by Stats. 1974, Ch. 1411. )

    Verify source ↗

    Violating any provision of this chapter can lead to a civil penalty of up to $2,500 per violation.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 11. Gas Appliances [25950 - 25968] ( Chapter 11 added by Stats. 1974, Ch. 1411. ) ## ARTICLE 2. General Provisions [25960 - 25968] ( Article 2 added by Stats. 1974, Ch. 1411. ) ## 25967. (a) Any person who violates any provision of this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney, county counsel, or city attorney in any court of competent jurisdiction. (b) If the action is brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the State Treasurer. If brought by a district attorney or county counsel, the entire amount of penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If brought by a city attorney or city prosecutor, one-half of the penalty shall be paid to the treasurer of the county and one-half to the city. (c) If the action is brought at the request of the commission, the court shall determine the reasonable expenses incurred by the commission in the investigation and prosecution of the action. Before any penalty collected is paid out pursuant to subdivision (b), the amount of such reasonable expenses incurred by the commission shall be paid to the State Treasurer. (Added by Stats. 1974, Ch. 1411.)
  192. 25968.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 11. Gas Appliances [25950 - 25968] ( Chapter 11 added by Stats. 1974, Ch. 1411. ) ## ARTICLE 2. General Provisions [25960 - 25968] ( Article 2 added by Stats. 1974, Ch. 1411. )

    Verify source ↗

    Inspectors appointed or authorized by the commission may access premises, equipment, materials, unfinished and finished articles, and records of persons subject to this chapter.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 11. Gas Appliances [25950 - 25968] ( Chapter 11 added by Stats. 1974, Ch. 1411. ) ## ARTICLE 2. General Provisions [25960 - 25968] ( Article 2 added by Stats. 1974, Ch. 1411. ) ## 25968. Any inspector appointed or authorized by the commission shall have access to the premises, equipment, materials, partly finished and finished articles, and records of any person subject to the provisions of this chapter. (Added by Stats. 1974, Ch. 1411.)
  193. 25980.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 12. Solar Shade Control [25980 - 25986] ( Chapter 12 added by Stats. 1978, Ch. 1366. )

    Verify source ↗

    This chapter is named the Solar Shade Control Act and states California’s policy to encourage energy conservation, alternative energy, and planting trees and shrubs for shade, while allowing limited controls where solar devices need protection.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 12. Solar Shade Control [25980 - 25986] ( Chapter 12 added by Stats. 1978, Ch. 1366. ) ## 25980. This chapter shall be known and may be cited as the Solar Shade Control Act. It is the policy of the state to promote all feasible means of energy conservation and all feasible uses of alternative energy supply sources. In particular, the state encourages the planting and maintenance of trees and shrubs to create shading, moderate outdoor temperatures, and provide various economic and aesthetic benefits. However, there are certain situations in which the need for widespread use of alternative energy devices, such as solar collectors, requires specific and limited controls on trees and shrubs. (Added by Stats. 1978, Ch. 1366.)
  194. 25981.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 12. Solar Shade Control [25980 - 25986] ( Chapter 12 added by Stats. 1978, Ch. 1366. )

    Verify source ↗

    This section defines “solar collector” and sets where it may be installed 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 12. Solar Shade Control [25980 - 25986] ( Chapter 12 added by Stats. 1978, Ch. 1366. ) ## 25981. (a) As used in this chapter, “solar collector” means a fixed device, structure, or part of a device or structure, on the roof of a building, that is used primarily to transform solar energy into thermal, chemical, or electrical energy. The solar collector shall be used as part of a system that makes use of solar energy for any or all of the following purposes: (1) Water heating. (2) Space heating or cooling. (3) Power generation. (b) Notwithstanding subdivision (a), for the purpose of this chapter, “solar collector” includes a fixed device, structure, or part of a device or structure that is used primarily to transform solar energy into thermal, chemical, or electrical energy and that is installed on the ground because a solar collector cannot be installed on the roof of the building receiving the energy due to inappropriate roofing material, slope of the roof, structural shading, or orientation of the building. (c) For the purposes of this chapter, “solar collector” does not include a solar collector that is designed and intended to offset more than the building’s electricity demand. (d) For purposes of this chapter, the location of a solar collector is required to comply with the local building and setback regulations, and to be set back not less than five feet from the property line, and not less than 10 feet above the ground. A solar collector may be less than 10 feet in height only if, in addition to the five-foot setback, the solar collector is set back three times the amount lowered. (Amended by Stats. 2008, Ch. 176, Sec. 1. Effective January 1, 2009.)
  195. 25982.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 12. Solar Shade Control [25980 - 25986] ( Chapter 12 added by Stats. 1978, Ch. 1366. )

    Verify source ↗

    After a solar collector is installed, the owner or controller of a nearby property must not let trees or shrubs grow or be placed so they shade more than 10% of the collector’s absorption area between 10 a.m. and 2 p.m. local standard time.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 12. Solar Shade Control [25980 - 25986] ( Chapter 12 added by Stats. 1978, Ch. 1366. ) ## 25982. After the installation of a solar collector, a person owning or in control of another property shall not allow a tree or shrub to be placed or, if placed, to grow on that property so as to cast a shadow greater than 10 percent of the collector absorption area upon that solar collector surface at any one time between the hours of 10 a.m. and 2 p.m., local standard time. (Amended by Stats. 2008, Ch. 176, Sec. 2. Effective January 1, 2009.)
  196. 25982.1.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 12. Solar Shade Control [25980 - 25986] ( Chapter 12 added by Stats. 1978, Ch. 1366. )

    Verify source ↗

    A building owner may send a certified-mail notice before solar collector installation, and if sent it must be no more than 60 days before installation.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 12. Solar Shade Control [25980 - 25986] ( Chapter 12 added by Stats. 1978, Ch. 1366. ) ## 25982.1. (a) An owner of a building where a solar collector is proposed to be installed may provide written notice by certified mail to a person owning property that may be affected by the requirements of this chapter prior to the installation of the solar collector. If a notice is mailed, the notice shall be mailed no more than 60 days prior to installation of the solar collector and shall read as follows: SOLAR SHADE CONTROL NOTICEUnder the Solar Shade Control Act (California Public Resources Code §25980 et seq.) a tree or shrub cannot cast a shadow greater than 10 percent of a solar collector absorption area upon that solar collector surface at any one time between the hours of 10 a.m. and 2 p.m. local standard time if the tree or shrub is placed after installation of a solar collector. The owner of the building where a solar collector is proposed to be installed is providing this written notice to persons owning property that may be affected by the requirements of the act no more than 60 days prior to the installation of a solar collector. The building owner is providing the following information:Name and address of building owner:Telephone number of building owner:Address of building and specific location where a solar collector will be installed (including street number and name, city/county, ZIP Code, and assessor’s book, page, and parcel number):Installation date of solar collector:__________________________ Building Owner, Date (b) If the owner of the building where a solar collector is proposed to be installed provided the notice pursuant to subdivision (a), and the installation date is later than the date specified in that notice, the later date shall be specified in a subsequent notice to persons receiving the initial notice. (c) (1) A transferor of the building where the solar collector is installed may provide a record of persons receiving the notice pursuant to subdivision (a) to a transferee of the building. (2) A transferor receiving a notice pursuant to subdivision (a) may provide the notice to a transferee of the property. (Added by Stats. 2008, Ch. 176, Sec. 3. Effective January 1, 2009.)
  197. 25983.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 12. Solar Shade Control [25980 - 25986] ( Chapter 12 added by Stats. 1978, Ch. 1366. )

    Verify source ↗

    If a tree or shrub kept in violation of Section 25982 is not removed or altered after written notice from the owner or agent of the affected solar collector, it is treated as a private nuisance.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 12. Solar Shade Control [25980 - 25986] ( Chapter 12 added by Stats. 1978, Ch. 1366. ) ## 25983. A tree or shrub that is maintained in violation of Section 25982 is a private nuisance, as defined in Section 3481 of the Civil Code, if the person who maintains or permits the tree or shrub to be maintained fails to remove or alter the tree or shrub after receiving a written notice from the owner or agent of the affected solar collector requesting compliance with the requirements of Section 25982. (Repealed and added by Stats. 2008, Ch. 176, Sec. 5. Effective January 1, 2009.)
  198. 25984.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 12. Solar Shade Control [25980 - 25986] ( Chapter 12 added by Stats. 1978, Ch. 1366. )

    Verify source ↗

    This chapter does not apply to certain trees and shrubs, including those planted before a solar collector was installed and trees on timberland, agricultural land, or subject to a city or county ordinance.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 12. Solar Shade Control [25980 - 25986] ( Chapter 12 added by Stats. 1978, Ch. 1366. ) ## 25984. This chapter does not apply to any of the following: (a) A tree or shrub planted prior to the installation of a solar collector. (b) A tree planted, grown, or harvested on timberland as defined in Section 4526 or on land devoted to the production of commercial agricultural crops. (c) The replacement of a tree or shrub that had been growing prior to the installation of a solar collector and that, subsequent to the installation of the solar collector, dies, or is removed for the protection of public health, safety, or the environment. (d) A tree or shrub that is subject to a city or county ordinance. (Amended by Stats. 2008, Ch. 176, Sec. 6. Effective January 1, 2009.)
  199. 25985.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 12. Solar Shade Control [25980 - 25986] ( Chapter 12 added by Stats. 1978, Ch. 1366. )

    Verify source ↗

    A city, or a county for unincorporated areas, may adopt an ordinance exempting its jurisdiction from this chapter, and a local ordinance on tree preservation or solar shade control will govern within that jurisdiction.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 12. Solar Shade Control [25980 - 25986] ( Chapter 12 added by Stats. 1978, Ch. 1366. ) ## 25985. (a) A city, or for unincorporated areas, a county, may adopt, by majority vote of the governing body, an ordinance exempting their jurisdiction from the provisions of this chapter. The adoption of the ordinance shall not be subject to the California Environmental Quality Act (commencing with Section 21000). (b) Notwithstanding the requirements of this chapter, a city or a county ordinance specifying requirements for tree preservation or solar shade control shall govern within the jurisdiction of the city or county that adopted the ordinance. (Amended by Stats. 2008, Ch. 176, Sec. 7. Effective January 1, 2009.)
  200. 25986.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 12. Solar Shade Control [25980 - 25986] ( Chapter 12 added by Stats. 1978, Ch. 1366. )

    Verify source ↗

    A person planning certain passive or natural solar heating or cooling systems may ask a court to exempt the system from this chapter if it would affect an adjacent active solar system.

    ## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 12. Solar Shade Control [25980 - 25986] ( Chapter 12 added by Stats. 1978, Ch. 1366. ) ## 25986. Any person who plans a passive or natural solar heating system or cooling system or heating and cooling system which would impact on an adjacent active solar system may seek equitable relief in a court of competent jurisdiction to exempt such system from the provisions of this chapter. The court may grant such an exemption based on a finding that the passive or natural system would provide a demonstrably greater net energy savings than the active system which would be impacted. (Added by Stats. 1978, Ch. 1366.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.